{"id":"qld:act-1954-003","name":"Acts Interpretation Act 1954","slug":"acts-interpretation-act-1954","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"3 of 1954","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2354,"registerId":"qld-act-1954-003-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Acts Interpretation Act 1954 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Act applies to all Acts","content":"### sec.2 Act applies to all Acts\n\nThis Act applies to all Acts (including this Act).\nFor the application of this Act to statutory instruments, see the Statutory Instruments Act 1992 , part 4 , divisions 1 and 2 .\ns 2 prev s 2 om 1991 No. 30 s 3 sch 2\npres s 2 ins 1991 No. 97 s 3 sch 1\namd 2005 No. 70 s 4\nhdg prec s 3 om 1991 No. 97 s 3 sch 1","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act applies to statutory instruments","content":"### sec.3 Act applies to statutory instruments\n\ns 3 amd 1991 No. 30 s 3 sch s 1 – 2\nsub 1991 No. 97 s 3 sch 1\nom 1992 No. 22 s 48 sch 3\nhdg prec s 4 om 1991 No. 97 s 3 sch 1","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Displacement of Act by contrary intention","content":"### sec.4 Displacement of Act by contrary intention\n\nThe application of this Act may be displaced, wholly or partly, by a contrary intention appearing in any Act.\ns 4 (prev s 3A) ins 1991 No. 30 s 4\nrenum 1991 No. 97 s 3 sch 1\nhdg prec s 5 om 1991 No. 97 s 3 sch 1","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds Crown","content":"### sec.5 Act binds Crown\n\nThis Act binds the Crown.\ns 5 amd 1991 No. 30 s 3 sch s 1 – 2\nsub 1991 No. 97 s 3 sch 1","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Meaning of Act","content":"# Meaning of Act","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"References to Act","content":"### sec.6 References to Act\n\nIn an Act—\nAct means an Act of the Queensland Parliament, and includes—\na British or New South Wales Act that is in force in Queensland; and\nan enactment of an earlier authority empowered to pass laws in Queensland that has received assent.\nIn an Act, a reference to ‘an Act’ includes the Act in which the reference is.\ns 6 ins 1991 No. 97 s 3 sch 1\namd 1991 No. 97 s 3 sch 1 ; 1992 No. 68 s 3 sch 1 ; 2005 No. 70 s 5\n(sec.6-ssec.1) In an Act— Act means an Act of the Queensland Parliament, and includes— a British or New South Wales Act that is in force in Queensland; and an enactment of an earlier authority empowered to pass laws in Queensland that has received assent.\n(sec.6-ssec.2) In an Act, a reference to ‘an Act’ includes the Act in which the reference is.\n- (a) a British or New South Wales Act that is in force in Queensland; and\n- (b) an enactment of an earlier authority empowered to pass laws in Queensland that has received assent.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Act includes statutory instruments under Act etc.","content":"### sec.7 Act includes statutory instruments under Act etc.\n\nIn an Act, a reference (either generally or specifically) to a law (including the Act ), or a provision of a law (including the Act ), includes a reference to the statutory instruments made or in force under the law or provision.\nIn subsection (1) —\nlaw includes a law of the Commonwealth, another State or a Territory.\ns 7 ins 1991 No. 97 s 3 sch 1\namd 1991 No. 97 s 3 sch 1\nsub 1992 No. 22 s 48 sch 3 ; 1993 No. 32 s 3 sch 1\n(sec.7-ssec.1) In an Act, a reference (either generally or specifically) to a law (including the Act ), or a provision of a law (including the Act ), includes a reference to the statutory instruments made or in force under the law or provision.\n(sec.7-ssec.2) In subsection (1) — law includes a law of the Commonwealth, another State or a Territory.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"References to the Act in statutory instrument","content":"### sec.8 References to the Act in statutory instrument\n\ns 8 ins 1991 No. 97 s 3 sch 1\nom 1992 No. 22 s 48 sch 3","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"General provisions applying to Acts","content":"# General provisions applying to Acts","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Interpretation of Act in relation to Parliament’s legislative power","content":"### sec.9 Interpretation of Act in relation to Parliament’s legislative power\n\nAn Act is to be interpreted as operating—\nto the full extent of, but not to exceed, Parliament’s legislative power; and\ndistributively.\nWithout limiting subsection (1) (a) , it is declared that subsection applies (and always applied) to the legislative power conferred on Parliament under the Coastal Waters (State Powers) Act 1980 (Cwlth) , section 5 and the Coastal Waters (State Title) Act 1980 (Cwlth) , section 4 .\nSubsection (1A) does not apply in relation to the substantive criminal law, and the law of criminal investigation, procedure and evidence, under the cooperative scheme as defined under the Crimes at Sea Act 2001 , section 3 .\nWithout limiting subsection (1) , if a provision of an Act would, apart from this section, be interpreted as exceeding power—\nthe provision is valid to the extent to which it does not exceed power; and\nthe remainder of the Act is not affected.\nWithout limiting subsection (1) , if the application of a provision of an Act to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision’s application to other persons, matters or circumstances is not affected.\nThis section applies to an Act in addition to, and without limiting, any provision of the Act .\ns 9 ins 1991 No. 97 s 3 sch 1\nsub 1993 No. 32 s 3 sch 1\namd 2010 No. 42 s 4\n(sec.9-ssec.1) An Act is to be interpreted as operating— to the full extent of, but not to exceed, Parliament’s legislative power; and distributively.\n(sec.9-ssec.1A) Without limiting subsection (1) (a) , it is declared that subsection applies (and always applied) to the legislative power conferred on Parliament under the Coastal Waters (State Powers) Act 1980 (Cwlth) , section 5 and the Coastal Waters (State Title) Act 1980 (Cwlth) , section 4 .\n(sec.9-ssec.1B) Subsection (1A) does not apply in relation to the substantive criminal law, and the law of criminal investigation, procedure and evidence, under the cooperative scheme as defined under the Crimes at Sea Act 2001 , section 3 .\n(sec.9-ssec.2) Without limiting subsection (1) , if a provision of an Act would, apart from this section, be interpreted as exceeding power— the provision is valid to the extent to which it does not exceed power; and the remainder of the Act is not affected.\n(sec.9-ssec.3) Without limiting subsection (1) , if the application of a provision of an Act to a person, matter or circumstance would, apart from this section, be interpreted as exceeding power, the provision’s application to other persons, matters or circumstances is not affected.\n(sec.9-ssec.4) This section applies to an Act in addition to, and without limiting, any provision of the Act .\n- (a) to the full extent of, but not to exceed, Parliament’s legislative power; and\n- (b) distributively.\n- (a) the provision is valid to the extent to which it does not exceed power; and\n- (b) the remainder of the Act is not affected.","sortOrder":11},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Declaration of validity of certain laws","content":"### sec.9A Declaration of validity of certain laws\n\nEach provision of an Act enacted, or purporting to have been enacted, before the commencement of the Australia Acts has (and always has had) the same effect as it would have had, and is (and always has been) as valid as it would have been, if the Australia Acts had been in operation at the time of its enactment or purported enactment.\ns 9A ins 1995 No. 51 s 4 sch\nhdg prec s 10 om 1991 No. 97 s 3 sch 1","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Section has effect as substantive enactment","content":"### sec.10 Section has effect as substantive enactment\n\nEvery section of an Act has effect as a substantive enactment without introductory words.\ns 10 sub 1991 No. 97 s 3 sch 1","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Acts to be public Acts","content":"### sec.11 Acts to be public Acts\n\nEvery Act passed after 26 July 1852 is a public Act unless the Act otherwise expressly provides.\ns 11 amd 1977 No. 47 s 3 (6) sch 1 pt F\nsub 1991 No. 97 s 3 sch 1","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Private Acts not to affect rights of others","content":"### sec.12 Private Acts not to affect rights of others\n\nA private Act does not—\naffect pre-existing rights in a way prejudicial to the Crown or another person; or\nimpose liabilities on the Crown or another person in relation to previous acts or omissions;\nexcept so far as the Act otherwise expressly provides.\nSubsection (1) does not affect rights conferred, or liabilities imposed, on—\na person at whose instance, or for whose special benefit, the Act is passed; or\nanother person claiming by, through or under such a person.\ns 12 sub 1991 No. 97 s 3 sch 1\n(sec.12-ssec.1) A private Act does not— affect pre-existing rights in a way prejudicial to the Crown or another person; or impose liabilities on the Crown or another person in relation to previous acts or omissions; except so far as the Act otherwise expressly provides.\n(sec.12-ssec.2) Subsection (1) does not affect rights conferred, or liabilities imposed, on— a person at whose instance, or for whose special benefit, the Act is passed; or another person claiming by, through or under such a person.\n- (a) affect pre-existing rights in a way prejudicial to the Crown or another person; or\n- (b) impose liabilities on the Crown or another person in relation to previous acts or omissions;\n- (a) a person at whose instance, or for whose special benefit, the Act is passed; or\n- (b) another person claiming by, through or under such a person.","sortOrder":15},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Private Acts amended by public Acts do not become public Acts","content":"### sec.12A Private Acts amended by public Acts do not become public Acts\n\nA private Act does not become a public Act merely because it has been amended by or under a public Act.\ns 12A ins 1991 No. 97 s 3 sch 1","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Future Acts when binding on the Crown","content":"### sec.13 Future Acts when binding on the Crown\n\nNo Act passed after the commencement of this Act shall be binding on the Crown or derogate from any prerogative right of the Crown unless express words are included in the Act for that purpose.","sortOrder":17},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Acts not to affect native title except by express provision","content":"### sec.13A Acts not to affect native title except by express provision\n\nAn Act enacted after the commencement of this section affects native title only so far as the Act expressly provides.\nFor the purposes of subsection (1) , an Act affects native title if it extinguishes the native title rights and interests or it is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise.\ns 13A ins 1993 No. 85 s 178 (amd 1994 No. 61 s 2 sch 1 )\n(sec.13A-ssec.1) An Act enacted after the commencement of this section affects native title only so far as the Act expressly provides.\n(sec.13A-ssec.2) For the purposes of subsection (1) , an Act affects native title if it extinguishes the native title rights and interests or it is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise.","sortOrder":18},{"sectionNumber":"sec.13B","sectionType":"section","heading":"Acts not to affect powers, rights or immunities of Legislative Assembly except by express provision","content":"### sec.13B Acts not to affect powers, rights or immunities of Legislative Assembly except by express provision\n\nAn Act enacted after the commencement of this section affects the powers, rights or immunities of the Legislative Assembly or of its members or committees only so far as the Act expressly provides.\nFor subsection (1) , an Act affects the powers, rights or immunities mentioned in the subsection if it abolishes any of the powers, rights or immunities or is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise.\nIn this section—\nrights includes privileges.\ns 13B ins 2000 No. 58 s 2 sch\n(sec.13B-ssec.1) An Act enacted after the commencement of this section affects the powers, rights or immunities of the Legislative Assembly or of its members or committees only so far as the Act expressly provides.\n(sec.13B-ssec.2) For subsection (1) , an Act affects the powers, rights or immunities mentioned in the subsection if it abolishes any of the powers, rights or immunities or is otherwise wholly or partly inconsistent with their continued existence, enjoyment or exercise.\n(sec.13B-ssec.3) In this section— rights includes privileges.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Material that is, and is not, part of an Act","content":"### sec.14 Material that is, and is not, part of an Act\n\nA heading to a chapter, part, division or subdivision of an Act is part of the Act .\nA heading to a section, subsection or another provision of an Act is part of the Act if—\nthe Act is enacted after 30 June 1991; or\nthe heading is amended or inserted after 30 June 1991.\nAn example in an Act of the operation of a provision of the Act is part of the Act .\nA note in an Act to the Act or to a provision of the Act , as opposed to a footnote, an editor’s note or an endnote mentioned in subsection (7) , is part of the Act .\nSee the note to section 2 .\nSee the footnote to schedule 1 , definition Acting Governor .\nA schedule or appendix of an Act is part of the Act .\nPunctuation in an Act is part of the Act .\nA footnote or editor’s note to an Act or to a provision of an Act, and an endnote to an Act, are not part of the Act .\ns 14 amd 1962 No. 2 s 3\nsub 1991 No. 30 s 10\namd 1991 No. 97 s 3 sch 1 ; 1993 No. 76 s 3 sch 1 ; 1994 No. 87 s 3 sch 1 ; 2005 No. 70 s 6 ; 2013 No. 39 s 110 (1) sch 3 pt 1\n(sec.14-ssec.1) A heading to a chapter, part, division or subdivision of an Act is part of the Act .\n(sec.14-ssec.2) A heading to a section, subsection or another provision of an Act is part of the Act if— the Act is enacted after 30 June 1991; or the heading is amended or inserted after 30 June 1991.\n(sec.14-ssec.3) An example in an Act of the operation of a provision of the Act is part of the Act .\n(sec.14-ssec.4) A note in an Act to the Act or to a provision of the Act , as opposed to a footnote, an editor’s note or an endnote mentioned in subsection (7) , is part of the Act . See the note to section 2 . See the footnote to schedule 1 , definition Acting Governor .\n(sec.14-ssec.5) A schedule or appendix of an Act is part of the Act .\n(sec.14-ssec.6) Punctuation in an Act is part of the Act .\n(sec.14-ssec.7) A footnote or editor’s note to an Act or to a provision of an Act, and an endnote to an Act, are not part of the Act .\n- (a) the Act is enacted after 30 June 1991; or\n- (b) the heading is amended or inserted after 30 June 1991.","sortOrder":20},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Interpretation best achieving Act’s purpose","content":"### sec.14A Interpretation best achieving Act’s purpose\n\nIn the interpretation of a provision of an Act, the interpretation that will best achieve the purpose of the Act is to be preferred to any other interpretation.\nSubsection (1) does not create or extend criminal liability, but applies whether or not the Act ’s purpose is expressly stated in the Act .\nTo remove any doubt, it is declared that this section applies to an Act passed after 30 June 1991 despite any presumption or rule of interpretation.\nThere is judicial authority for a rule of interpretation that taxing legislation is to be interpreted strictly and in a taxpayer’s favour (for example, see Partington v AG (1869) LR 4 HL 100 at 122). Despite such a possible rule, this section requires a provision imposing taxation to be interpreted in the way that best achieves the Act ’s purpose, whether or not to do so would be in a taxpayer’s favour.\ns 14A ins 1991 No. 30 s 11 (1)\namd 1994 No. 71 s 14\n(sec.14A-ssec.1) In the interpretation of a provision of an Act, the interpretation that will best achieve the purpose of the Act is to be preferred to any other interpretation.\n(sec.14A-ssec.2) Subsection (1) does not create or extend criminal liability, but applies whether or not the Act ’s purpose is expressly stated in the Act .\n(sec.14A-ssec.3) To remove any doubt, it is declared that this section applies to an Act passed after 30 June 1991 despite any presumption or rule of interpretation. There is judicial authority for a rule of interpretation that taxing legislation is to be interpreted strictly and in a taxpayer’s favour (for example, see Partington v AG (1869) LR 4 HL 100 at 122). Despite such a possible rule, this section requires a provision imposing taxation to be interpreted in the way that best achieves the Act ’s purpose, whether or not to do so would be in a taxpayer’s favour.","sortOrder":21},{"sectionNumber":"sec.14B","sectionType":"section","heading":"Use of extrinsic material in interpretation","content":"### sec.14B Use of extrinsic material in interpretation\n\nSubject to subsection (2) , in the interpretation of a provision of an Act, consideration may be given to extrinsic material capable of assisting in the interpretation—\nif the provision is ambiguous or obscure—to provide an interpretation of it; or\nif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\nin any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\nIn determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to—\nthe desirability of a provision being interpreted as having its ordinary meaning; and\nthe undesirability of prolonging proceedings without compensating advantage; and\nother relevant matters.\nIn this section—\nextrinsic material means relevant material not forming part of the Act concerned, including, for example—\nmaterial set out in an official copy of the Act ; and\na report of a royal commission, law reform commission, commission or committee of inquiry, or a similar body, that was laid before the Legislative Assembly before the provision concerned was enacted; and\na report of a committee of the Legislative Assembly that was made to the Legislative Assembly before the provision was enacted; and\na treaty or other international agreement that is mentioned in the Act ; and\nan explanatory note or memorandum relating to the Bill that contained the provision, or any other relevant document, that was laid before, or given to the members of, the Legislative Assembly by the member bringing in the Bill before the provision was enacted; and\nthe speech made to the Legislative Assembly by the member when introducing the Bill; and\nSee section 53 in relation to Bills introduced before the commencement of that section.\nmaterial in an official record of proceedings in the Legislative Assembly; and\na document that is declared by an Act to be a relevant document for the purposes of this section.\nordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in the Act and to the purpose of the Act .\ns 14B ins 1991 No. 30 s 11 (1)\namd 2011 No. 24 s 4 ; 2013 No. 39 s 45\n(sec.14B-ssec.1) Subject to subsection (2) , in the interpretation of a provision of an Act, consideration may be given to extrinsic material capable of assisting in the interpretation— if the provision is ambiguous or obscure—to provide an interpretation of it; or if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n(sec.14B-ssec.2) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— the desirability of a provision being interpreted as having its ordinary meaning; and the undesirability of prolonging proceedings without compensating advantage; and other relevant matters.\n(sec.14B-ssec.3) In this section— extrinsic material means relevant material not forming part of the Act concerned, including, for example— material set out in an official copy of the Act ; and a report of a royal commission, law reform commission, commission or committee of inquiry, or a similar body, that was laid before the Legislative Assembly before the provision concerned was enacted; and a report of a committee of the Legislative Assembly that was made to the Legislative Assembly before the provision was enacted; and a treaty or other international agreement that is mentioned in the Act ; and an explanatory note or memorandum relating to the Bill that contained the provision, or any other relevant document, that was laid before, or given to the members of, the Legislative Assembly by the member bringing in the Bill before the provision was enacted; and the speech made to the Legislative Assembly by the member when introducing the Bill; and See section 53 in relation to Bills introduced before the commencement of that section. material in an official record of proceedings in the Legislative Assembly; and a document that is declared by an Act to be a relevant document for the purposes of this section. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in the Act and to the purpose of the Act .\n- (a) if the provision is ambiguous or obscure—to provide an interpretation of it; or\n- (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\n- (c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n- (a) the desirability of a provision being interpreted as having its ordinary meaning; and\n- (b) the undesirability of prolonging proceedings without compensating advantage; and\n- (c) other relevant matters.\n- (a) material set out in an official copy of the Act ; and\n- (b) a report of a royal commission, law reform commission, commission or committee of inquiry, or a similar body, that was laid before the Legislative Assembly before the provision concerned was enacted; and\n- (c) a report of a committee of the Legislative Assembly that was made to the Legislative Assembly before the provision was enacted; and\n- (d) a treaty or other international agreement that is mentioned in the Act ; and\n- (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any other relevant document, that was laid before, or given to the members of, the Legislative Assembly by the member bringing in the Bill before the provision was enacted; and\n- (f) the speech made to the Legislative Assembly by the member when introducing the Bill; and Note— See section 53 in relation to Bills introduced before the commencement of that section.\n- (g) material in an official record of proceedings in the Legislative Assembly; and\n- (h) a document that is declared by an Act to be a relevant document for the purposes of this section.","sortOrder":22},{"sectionNumber":"sec.14C","sectionType":"section","heading":"Changes of drafting practice not to affect meaning","content":"### sec.14C Changes of drafting practice not to affect meaning\n\nIf—\na provision of an Act expresses an idea in particular words; and\na provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example—\nthe use of a clearer or simpler style; or\nthe use of gender-neutral language;\nthe ideas must not be taken to be different merely because different words are used.\ns 14C ins 1991 No. 30 s 11 (2)\n- (a) a provision of an Act expresses an idea in particular words; and\n- (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example— (i) the use of a clearer or simpler style; or (ii) the use of gender-neutral language;\n- (i) the use of a clearer or simpler style; or\n- (ii) the use of gender-neutral language;\n- (i) the use of a clearer or simpler style; or\n- (ii) the use of gender-neutral language;","sortOrder":23},{"sectionNumber":"sec.14CA","sectionType":"section","heading":"Other changes that do not affect general law","content":"### sec.14CA Other changes that do not affect general law\n\nIf—\na provision of an Act expressly provides for an obligation to comply with the principles of natural justice; and\nthe provision is replaced by a corresponding provision that does not expressly provide for the obligation;\nthe absence of an express provision for the obligation in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to comply with procedural fairness implied under the general law.\nIf—\na provision of an Act expressly provides for a function to be performed reasonably or a power to be exercised reasonably; and\nthe provision is replaced by a corresponding provision that does not expressly provide for the function to be performed reasonably or the power to be exercised reasonably;\nthe absence of an express provision for the matter in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to perform the function reasonably or exercise the power reasonably implied under the general law.\nFor this section, a provision of an Act (a former provision ) is replaced by a corresponding provision if—\nan amendment of the Act omits the former provision and inserts a corresponding provision, whether in the same or a different location; or\nthe former provision is amended and the amended provision is a corresponding provision; or\nthe Act is repealed by an Act that includes a corresponding provision to the former provision.\nIn this section—\ncorresponding provision , to another provision, means a provision that is substantially the same as, or substantially equivalent to, the other provision.\ns 14CA ins 2023 No. 23 s 4\n(sec.14CA-ssec.1) If— a provision of an Act expressly provides for an obligation to comply with the principles of natural justice; and the provision is replaced by a corresponding provision that does not expressly provide for the obligation; the absence of an express provision for the obligation in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to comply with procedural fairness implied under the general law.\n(sec.14CA-ssec.2) If— a provision of an Act expressly provides for a function to be performed reasonably or a power to be exercised reasonably; and the provision is replaced by a corresponding provision that does not expressly provide for the function to be performed reasonably or the power to be exercised reasonably; the absence of an express provision for the matter in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to perform the function reasonably or exercise the power reasonably implied under the general law.\n(sec.14CA-ssec.3) For this section, a provision of an Act (a former provision ) is replaced by a corresponding provision if— an amendment of the Act omits the former provision and inserts a corresponding provision, whether in the same or a different location; or the former provision is amended and the amended provision is a corresponding provision; or the Act is repealed by an Act that includes a corresponding provision to the former provision.\n(sec.14CA-ssec.4) In this section— corresponding provision , to another provision, means a provision that is substantially the same as, or substantially equivalent to, the other provision.\n- (a) a provision of an Act expressly provides for an obligation to comply with the principles of natural justice; and\n- (b) the provision is replaced by a corresponding provision that does not expressly provide for the obligation;\n- (a) a provision of an Act expressly provides for a function to be performed reasonably or a power to be exercised reasonably; and\n- (b) the provision is replaced by a corresponding provision that does not expressly provide for the function to be performed reasonably or the power to be exercised reasonably;\n- (a) an amendment of the Act omits the former provision and inserts a corresponding provision, whether in the same or a different location; or\n- (b) the former provision is amended and the amended provision is a corresponding provision; or\n- (c) the Act is repealed by an Act that includes a corresponding provision to the former provision.","sortOrder":24},{"sectionNumber":"sec.14D","sectionType":"section","heading":"Examples","content":"### sec.14D Examples\n\nIf an Act includes an example of the operation of a provision—\nthe example is not exhaustive; and\nthe example does not limit, but may extend, the meaning of the provision; and\nthe example and the provision are to be read in the context of each other and the other provisions of the Act , but, if the example and the provision so read are inconsistent, the provision prevails.\ns 14D ins 1991 No. 30 s 11 (2)\n- (a) the example is not exhaustive; and\n- (b) the example does not limit, but may extend, the meaning of the provision; and\n- (c) the example and the provision are to be read in the context of each other and the other provisions of the Act , but, if the example and the provision so read are inconsistent, the provision prevails.","sortOrder":25},{"sectionNumber":"pt.4","sectionType":"part","heading":"Reference to and citation of Acts","content":"# Reference to and citation of Acts","sortOrder":26},{"sectionNumber":"sec.14E","sectionType":"section","heading":"References to Acts generally","content":"### sec.14E References to Acts generally\n\nAn Act passed by Parliament, or any earlier legislature empowered to pass laws for Queensland, may be referred to by the word Act alone.\ns 14E (prev s 6) sub 1991 No. 30 s 5\nrenum 1991 No. 97 s 3 sch 1","sortOrder":27},{"sectionNumber":"sec.14F","sectionType":"section","heading":"References to particular Acts","content":"### sec.14F References to particular Acts\n\nAn Act may be cited—\nby its short title; or\nby reference to the year in which it was passed and its number.\nStatutory Instruments Act 1992\nStatutory Instruments Act 1992, No. 22\nAct No. 22 of 1992\n1992 Act No. 22\nA Commonwealth Act may be cited—\nby its short title; or\nin another way sufficient in a Commonwealth Act for the citation of such an Act;\ntogether with a reference to the Commonwealth.\nAn Act of another State or a Territory may be cited—\nby its short title; or\nin another way sufficient in an Act of the State or Territory for the citation of such an Act;\ntogether with a reference to the State or Territory.\nA British Act may be cited—\nby its short title; or\nin another way sufficient in a British Act for the citation of such an Act;\ntogether with a reference to the United Kingdom or the term ‘UK’, ‘Imperial Act’ or ‘Imp’.\ns 14F (prev s 7) amd 1962 No. 2 s 2\nsub 1991 No. 30 s 6\nrenum 1991 No. 97 s 3 sch 1\namd 1994 No. 87 s 3 sch 1 ; 2005 No. 70 s 7\n(sec.14F-ssec.1) An Act may be cited— by its short title; or by reference to the year in which it was passed and its number. Statutory Instruments Act 1992 Statutory Instruments Act 1992, No. 22 Act No. 22 of 1992 1992 Act No. 22\n(sec.14F-ssec.2) A Commonwealth Act may be cited— by its short title; or in another way sufficient in a Commonwealth Act for the citation of such an Act; together with a reference to the Commonwealth.\n(sec.14F-ssec.3) An Act of another State or a Territory may be cited— by its short title; or in another way sufficient in an Act of the State or Territory for the citation of such an Act; together with a reference to the State or Territory.\n(sec.14F-ssec.4) A British Act may be cited— by its short title; or in another way sufficient in a British Act for the citation of such an Act; together with a reference to the United Kingdom or the term ‘UK’, ‘Imperial Act’ or ‘Imp’.\n- (a) by its short title; or\n- (b) by reference to the year in which it was passed and its number.\n- 1 Statutory Instruments Act 1992\n- 2 Statutory Instruments Act 1992, No. 22\n- 3 Act No. 22 of 1992\n- 4 1992 Act No. 22\n- (a) by its short title; or\n- (b) in another way sufficient in a Commonwealth Act for the citation of such an Act;\n- (a) by its short title; or\n- (b) in another way sufficient in an Act of the State or Territory for the citation of such an Act;\n- (a) by its short title; or\n- (b) in another way sufficient in a British Act for the citation of such an Act;","sortOrder":28},{"sectionNumber":"sec.14G","sectionType":"section","heading":"References to enactments","content":"### sec.14G References to enactments\n\nAn enactment may be cited by reference to the provision of the Act in which it is contained.\nThe reference is to be made according to an official copy of—\nthe Act ; or\nthe Act as amended.\nIn this section—\nAct includes Commonwealth Act, Act of another State, Territory Act or British Act.\nenactment includes any portion of an Act.\nofficial copy —\nof an Act of Queensland or an Act of Queensland as amended—see schedule 1 , definition official copy ; or\nof an Act of another jurisdiction or an Act of another jurisdiction as amended—means a copy, including a reproduction in electronic form, of the Act or the Act as amended that, under a law of the jurisdiction, is presumed to be a correct copy of the Act or the Act as amended, in the absence of evidence to the contrary.\ns 14G (prev s 7A) ins 1991 No. 30 s 7\nrenum 1991 No. 97 s 3 sch 1\namd 1993 No. 32 s 3 sch 1 ; 2013 No. 39 s 46\n(sec.14G-ssec.1) An enactment may be cited by reference to the provision of the Act in which it is contained.\n(sec.14G-ssec.2) The reference is to be made according to an official copy of— the Act ; or the Act as amended.\n(sec.14G-ssec.3) In this section— Act includes Commonwealth Act, Act of another State, Territory Act or British Act. enactment includes any portion of an Act. official copy — of an Act of Queensland or an Act of Queensland as amended—see schedule 1 , definition official copy ; or of an Act of another jurisdiction or an Act of another jurisdiction as amended—means a copy, including a reproduction in electronic form, of the Act or the Act as amended that, under a law of the jurisdiction, is presumed to be a correct copy of the Act or the Act as amended, in the absence of evidence to the contrary.\n- (a) the Act ; or\n- (b) the Act as amended.\n- (a) of an Act of Queensland or an Act of Queensland as amended—see schedule 1 , definition official copy ; or\n- (b) of an Act of another jurisdiction or an Act of another jurisdiction as amended—means a copy, including a reproduction in electronic form, of the Act or the Act as amended that, under a law of the jurisdiction, is presumed to be a correct copy of the Act or the Act as amended, in the absence of evidence to the contrary.","sortOrder":29},{"sectionNumber":"sec.14H","sectionType":"section","heading":"References taken to be included in reference to law","content":"### sec.14H References taken to be included in reference to law\n\nIn an Act, a reference to a law (including the Act ) includes a reference to the following—\nthe law as originally made, and as amended from time to time since it was originally made;\nif the law has been repealed and remade (with or without modification) since the reference was made—the law as remade, and as amended from time to time since it was remade;\nif a relevant provision of the law has been omitted and remade (with or without modification) in another law since the reference was made—the other law as in force when the provision was remade, and as amended from time to time since the provision was remade.\nIn an Act, a reference to a provision of a law (including the Act ) includes a reference to the following—\nthe provision as originally made, and as amended from time to time since it was originally made;\nif the provision has been omitted and remade (with or without modification and whether in the law or another law) since the reference was made—the provision as remade, and as amended from time to time since it was remade.\nIn this section—\nlaw includes a law of the Commonwealth, another State or a Territory.\nmake includes enact.\ns 14H (prev s 8) sub 1991 No. 30 s 8\nrenum 1991 No. 97 s 3 sch 1\nsub 1993 No. 32 s 3 sch 1\namd 2000 No. 46 s 3 sch\n(sec.14H-ssec.1) In an Act, a reference to a law (including the Act ) includes a reference to the following— the law as originally made, and as amended from time to time since it was originally made; if the law has been repealed and remade (with or without modification) since the reference was made—the law as remade, and as amended from time to time since it was remade; if a relevant provision of the law has been omitted and remade (with or without modification) in another law since the reference was made—the other law as in force when the provision was remade, and as amended from time to time since the provision was remade.\n(sec.14H-ssec.2) In an Act, a reference to a provision of a law (including the Act ) includes a reference to the following— the provision as originally made, and as amended from time to time since it was originally made; if the provision has been omitted and remade (with or without modification and whether in the law or another law) since the reference was made—the provision as remade, and as amended from time to time since it was remade.\n(sec.14H-ssec.3) In this section— law includes a law of the Commonwealth, another State or a Territory. make includes enact.\n- (a) the law as originally made, and as amended from time to time since it was originally made;\n- (b) if the law has been repealed and remade (with or without modification) since the reference was made—the law as remade, and as amended from time to time since it was remade;\n- (c) if a relevant provision of the law has been omitted and remade (with or without modification) in another law since the reference was made—the other law as in force when the provision was remade, and as amended from time to time since the provision was remade.\n- (a) the provision as originally made, and as amended from time to time since it was originally made;\n- (b) if the provision has been omitted and remade (with or without modification and whether in the law or another law) since the reference was made—the provision as remade, and as amended from time to time since it was remade.","sortOrder":30},{"sectionNumber":"sec.14I","sectionType":"section","heading":"References to changed short titles and citations","content":"### sec.14I References to changed short titles and citations\n\nIf the short title or citation of a law is amended, a reference in an Act to the short title or citation includes a reference to the short title or citation as amended.\nIn this section—\nlaw includes a law of the Commonwealth, another State or a Territory.\ns 14I (prev s 9) sub 1991 No. 30 s 9\nrenum 1991 No. 97 s 3 sch 1\nsub 1993 No. 32 s 3 sch 1\n(sec.14I-ssec.1) If the short title or citation of a law is amended, a reference in an Act to the short title or citation includes a reference to the short title or citation as amended.\n(sec.14I-ssec.2) In this section— law includes a law of the Commonwealth, another State or a Territory.","sortOrder":31},{"sectionNumber":"sec.14J","sectionType":"section","heading":"References to repealed or expired laws","content":"### sec.14J References to repealed or expired laws\n\nIf an Act refers to another law as repealed or expired, the reference is to the other law as in force immediately before it was repealed or expired.\nThe ‘repealed ABC Act 1950 ’ is a reference to the ABC Act 1950 as in force immediately before it was repealed.\nIn this section—\nlaw includes a law of the Commonwealth, another State or a Territory.\ns 14J ins 1993 No. 32 s 3 sch 1\n(sec.14J-ssec.1) If an Act refers to another law as repealed or expired, the reference is to the other law as in force immediately before it was repealed or expired. The ‘repealed ABC Act 1950 ’ is a reference to the ABC Act 1950 as in force immediately before it was repealed.\n(sec.14J-ssec.2) In this section— law includes a law of the Commonwealth, another State or a Territory.","sortOrder":32},{"sectionNumber":"pt.5","sectionType":"part","heading":"Commencement of Acts","content":"# Commencement of Acts","sortOrder":33},{"sectionNumber":"sec.15","sectionType":"section","heading":"References to enactment etc. of Acts","content":"### sec.15 References to enactment etc. of Acts\n\nIn an Act, a reference to the enactment of an Act or the passing of an Act is a reference to the fact of the Act ’s having received the royal assent.\ns 15 sub 1991 No. 30 s 12","sortOrder":34},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Commencement of Acts on date of assent","content":"### sec.15A Commencement of Acts on date of assent\n\nAn Act commences on the date of assent except so far as the Act otherwise expressly provides.\ns 15A ins 1991 No. 30 s 13\namd 1991 No. 97 s 3 sch 1","sortOrder":35},{"sectionNumber":"sec.15B","sectionType":"section","heading":"Time of commencement of Acts","content":"### sec.15B Time of commencement of Acts\n\nIf an Act or a provision of an Act commences on a day, it commences at the beginning of the day.\ns 15B ins 1991 No. 30 s 13\namd 1993 No. 76 s 3 sch 1","sortOrder":36},{"sectionNumber":"sec.15C","sectionType":"section","heading":"Commencement of citation and commencement provisions on date of assent etc.","content":"### sec.15C Commencement of citation and commencement provisions on date of assent etc.\n\nThe provisions of an Act providing for its citation and commencement commence on the date of assent by force of this subsection.\nA reference in an Act to the commencement of the Act , or another Act, (the Act concerned ), is a reference to—\nif the provisions of the Act concerned (other than those providing for its citation and commencement) commence, or are required to commence, on a single day or at a single time—the commencement of the remaining provisions; or\nif paragraph (a) does not apply and the reference is in a provision of the Act concerned—the commencement of the provision; or\nin any other case—the commencement of the relevant provision of the Act concerned.\nSubsection (1) applies to an Act despite anything in the Act unless the Act expressly provides that it does not apply.\nA reference in this section to the provisions of an Act providing for its citation includes a reference to the Act ’s long title.\ns 15C ins 1991 No. 30 s 13\namd 1991 No. 97 s 3 sch 1 ; 1992 No. 22 s 48 sch 3 ; 2023 No. 23 s 5\n(sec.15C-ssec.1) The provisions of an Act providing for its citation and commencement commence on the date of assent by force of this subsection.\n(sec.15C-ssec.2) A reference in an Act to the commencement of the Act , or another Act, (the Act concerned ), is a reference to— if the provisions of the Act concerned (other than those providing for its citation and commencement) commence, or are required to commence, on a single day or at a single time—the commencement of the remaining provisions; or if paragraph (a) does not apply and the reference is in a provision of the Act concerned—the commencement of the provision; or in any other case—the commencement of the relevant provision of the Act concerned.\n(sec.15C-ssec.3) Subsection (1) applies to an Act despite anything in the Act unless the Act expressly provides that it does not apply.\n(sec.15C-ssec.4) A reference in this section to the provisions of an Act providing for its citation includes a reference to the Act ’s long title.\n- (a) if the provisions of the Act concerned (other than those providing for its citation and commencement) commence, or are required to commence, on a single day or at a single time—the commencement of the remaining provisions; or\n- (b) if paragraph (a) does not apply and the reference is in a provision of the Act concerned—the commencement of the provision; or\n- (c) in any other case—the commencement of the relevant provision of the Act concerned.","sortOrder":37},{"sectionNumber":"sec.15D","sectionType":"section","heading":"Commencement by proclamation etc.","content":"### sec.15D Commencement by proclamation etc.\n\nIf an Act or provisions of an Act is or are expressed to commence on a day to be fixed by proclamation or other instrument—\na single day or time may be fixed; or\ndifferent days or times may be fixed for different provisions.\nIf the day or time fixed by a proclamation for the commencement of an Act or a provision of an Act happens before the day on which the proclamation is notified (the notification day )—\nthe proclamation is valid; but\nthe Act or provision commences on the notification day.\ns 15D ins 1991 No. 30 s 13\namd 1992 No. 68 s 3 sch 1 ; 2013 No. 39 s 47\n(sec.15D-ssec.1) If an Act or provisions of an Act is or are expressed to commence on a day to be fixed by proclamation or other instrument— a single day or time may be fixed; or different days or times may be fixed for different provisions.\n(sec.15D-ssec.2) If the day or time fixed by a proclamation for the commencement of an Act or a provision of an Act happens before the day on which the proclamation is notified (the notification day )— the proclamation is valid; but the Act or provision commences on the notification day.\n- (a) a single day or time may be fixed; or\n- (b) different days or times may be fixed for different provisions.\n- (a) the proclamation is valid; but\n- (b) the Act or provision commences on the notification day.","sortOrder":38},{"sectionNumber":"sec.15DA","sectionType":"section","heading":"Automatic commencement of postponed law","content":"### sec.15DA Automatic commencement of postponed law\n\nIn this section—\nassent day means the date of assent of—\nif the postponed law is an Act—the Act ; or\nif the postponed law is a provision of an Act—the Act that enacts the provision.\npostponed law means an Act or provision of an Act that does not commence on the assent day because a provision of an Act postpones its commencement until a day fixed under an instrument.\nIf a postponed law has not commenced within 1 year of the assent day, it automatically commences on the next day.\nHowever, within 1 year of the assent day, a regulation may extend the period before commencement under subsection (2) to not more than 2 years of the assent day.\nThe regulation mentioned in subsection (3) may be made under—\nthe Act that is the postponed law; or\nthe Act of which the postponed law is a provision; or\nan Act that the postponed law amends;\nas if the Act mentioned in paragraph (a) , (b) or (c) included a provision that had commenced and authorised the regulation to be made.\nThis section—\nonly applies to a postponed law enacted after 31 December 1994; and\napplies to a postponed law unless an Act expressly states it does not apply.\nThe Hypothetical Act 1995 was assented to on 5 April 1995 and was expressed to commence on a day to be fixed by proclamation. If the Act was not commenced by 5 April 1996, it would commence on 6 April 1996 under subsection (2) unless a regulation had been made under subsection (3) extending time for commencement.\ns 15DA ins 1994 No. 15 s 3 sch 1\n(sec.15DA-ssec.1) In this section— assent day means the date of assent of— if the postponed law is an Act—the Act ; or if the postponed law is a provision of an Act—the Act that enacts the provision. postponed law means an Act or provision of an Act that does not commence on the assent day because a provision of an Act postpones its commencement until a day fixed under an instrument.\n(sec.15DA-ssec.2) If a postponed law has not commenced within 1 year of the assent day, it automatically commences on the next day.\n(sec.15DA-ssec.3) However, within 1 year of the assent day, a regulation may extend the period before commencement under subsection (2) to not more than 2 years of the assent day.\n(sec.15DA-ssec.4) The regulation mentioned in subsection (3) may be made under— the Act that is the postponed law; or the Act of which the postponed law is a provision; or an Act that the postponed law amends; as if the Act mentioned in paragraph (a) , (b) or (c) included a provision that had commenced and authorised the regulation to be made.\n(sec.15DA-ssec.5) This section— only applies to a postponed law enacted after 31 December 1994; and applies to a postponed law unless an Act expressly states it does not apply. The Hypothetical Act 1995 was assented to on 5 April 1995 and was expressed to commence on a day to be fixed by proclamation. If the Act was not commenced by 5 April 1996, it would commence on 6 April 1996 under subsection (2) unless a regulation had been made under subsection (3) extending time for commencement.\n- (a) if the postponed law is an Act—the Act ; or\n- (b) if the postponed law is a provision of an Act—the Act that enacts the provision.\n- (a) the Act that is the postponed law; or\n- (b) the Act of which the postponed law is a provision; or\n- (c) an Act that the postponed law amends;\n- (a) only applies to a postponed law enacted after 31 December 1994; and\n- (b) applies to a postponed law unless an Act expressly states it does not apply.","sortOrder":39},{"sectionNumber":"sec.15DB","sectionType":"section","heading":null,"content":"### Section sec.15DB\n\ns 15DB ins 2020 No. 13 s 27\nexp 31 December 2020 (see s 15DB(7))","sortOrder":40},{"sectionNumber":"sec.15DC","sectionType":"section","heading":null,"content":"### Section sec.15DC\n\ns 15DC ins 2020 No. 13 s 27\nexp 31 December 2020 (see s 15DC(6))","sortOrder":41},{"sectionNumber":"sec.15E","sectionType":"section","heading":"Commencement of paragraphs etc. in amending Act","content":"### sec.15E Commencement of paragraphs etc. in amending Act\n\nIf an Act amends another Act and the amendment is in the form of—\na paragraph, or subparagraph, of a section or subsection of the amending Act; or\nany other provision that is not self-contained;\nthe amendment may be given a separate commencement.\ns 15E ins 1991 No. 30 s 13\n- (a) a paragraph, or subparagraph, of a section or subsection of the amending Act; or\n- (b) any other provision that is not self-contained;","sortOrder":42},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 sub 1991 No. 30 s 14\nom 2013 No. 39 s 48","sortOrder":43},{"sectionNumber":"sec.17","sectionType":"section","heading":"Exercise of powers between enactment and commencement","content":"### sec.17 Exercise of powers between enactment and commencement\n\nIf a provision of an Act (the empowering provision ) that does not commence on its enactment would, had it commenced—\nconfer a power—\nto make an appointment; or\nto make a statutory instrument of a legislative or administrative character; or\nto do any other thing; or\namend a provision of another Act so that the other Act would confer such a power;\nthen—\nthe power may be exercised; and\nanything may be done for the purpose of—\nenabling the exercise of the power; or\nbringing the appointment, instrument or other thing into effect;\nbefore the empowering provision commences.\nIf—\nan Act that has commenced confers a power to make a statutory instrument (the basic instrument-making power ); and\na provision of an Act that does not commence on its enactment would, had it commenced, amend the Act mentioned in paragraph (a) so as to confer additional power to make a statutory instrument (the additional instrument-making power );\nthen—\nthe basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and\nany provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (1) .\nIf an instrument, or a provision of an instrument, is made under subsection (1) that is necessary for the purpose of—\nenabling the exercise of a power mentioned in subsection (1) (a) ; or\nbringing an appointment, instrument or other thing made or done under such a power into effect;\nthe instrument or provision takes effect—\non the making of the instrument; or\nif the instrument or provision is expressed to take effect at a later time—the later time.\nIf—\nan appointment is made under subsection (1) ; or\nan instrument, or provision of an instrument, made under subsection (1) is not necessary for a purpose mentioned in subsection (3) ;\nthe appointment, instrument or provision takes effect—\non the commencement of the relevant empowering provision; or\nif the appointment, instrument or provision is expressed to take effect at a later time—the later time.\nAnything done under subsection (1) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\nAfter the enactment of a provision mentioned in subsection (1) (b) but before the provision’s commencement, this section applies as if the references in subsections (1) and (4) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (1) (b) as amended by the empowering provision.\ns 17 sub 1977 No. 37 s 3 ; 1991 No. 30 s 15\namd 1991 No. 97 s 3 sch 1 ; 1993 No. 32 s 3 sch 1\n(sec.17-ssec.1) If a provision of an Act (the empowering provision ) that does not commence on its enactment would, had it commenced— confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do any other thing; or amend a provision of another Act so that the other Act would confer such a power; then— the power may be exercised; and anything may be done for the purpose of— enabling the exercise of the power; or bringing the appointment, instrument or other thing into effect; before the empowering provision commences.\n(sec.17-ssec.2) If— an Act that has commenced confers a power to make a statutory instrument (the basic instrument-making power ); and a provision of an Act that does not commence on its enactment would, had it commenced, amend the Act mentioned in paragraph (a) so as to confer additional power to make a statutory instrument (the additional instrument-making power ); then— the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (1) .\n(sec.17-ssec.3) If an instrument, or a provision of an instrument, is made under subsection (1) that is necessary for the purpose of— enabling the exercise of a power mentioned in subsection (1) (a) ; or bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— on the making of the instrument; or if the instrument or provision is expressed to take effect at a later time—the later time.\n(sec.17-ssec.4) If— an appointment is made under subsection (1) ; or an instrument, or provision of an instrument, made under subsection (1) is not necessary for a purpose mentioned in subsection (3) ; the appointment, instrument or provision takes effect— on the commencement of the relevant empowering provision; or if the appointment, instrument or provision is expressed to take effect at a later time—the later time.\n(sec.17-ssec.5) Anything done under subsection (1) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n(sec.17-ssec.6) After the enactment of a provision mentioned in subsection (1) (b) but before the provision’s commencement, this section applies as if the references in subsections (1) and (4) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (1) (b) as amended by the empowering provision.\n- (a) confer a power— (i) to make an appointment; or (ii) to make a statutory instrument of a legislative or administrative character; or (iii) to do any other thing; or\n- (i) to make an appointment; or\n- (ii) to make a statutory instrument of a legislative or administrative character; or\n- (iii) to do any other thing; or\n- (b) amend a provision of another Act so that the other Act would confer such a power;\n- (i) to make an appointment; or\n- (ii) to make a statutory instrument of a legislative or administrative character; or\n- (iii) to do any other thing; or\n- (c) the power may be exercised; and\n- (d) anything may be done for the purpose of— (i) enabling the exercise of the power; or (ii) bringing the appointment, instrument or other thing into effect;\n- (i) enabling the exercise of the power; or\n- (ii) bringing the appointment, instrument or other thing into effect;\n- (i) enabling the exercise of the power; or\n- (ii) bringing the appointment, instrument or other thing into effect;\n- (a) an Act that has commenced confers a power to make a statutory instrument (the basic instrument-making power ); and\n- (b) a provision of an Act that does not commence on its enactment would, had it commenced, amend the Act mentioned in paragraph (a) so as to confer additional power to make a statutory instrument (the additional instrument-making power );\n- (c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and\n- (d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (1) .\n- (a) enabling the exercise of a power mentioned in subsection (1) (a) ; or\n- (b) bringing an appointment, instrument or other thing made or done under such a power into effect;\n- (c) on the making of the instrument; or\n- (d) if the instrument or provision is expressed to take effect at a later time—the later time.\n- (a) an appointment is made under subsection (1) ; or\n- (b) an instrument, or provision of an instrument, made under subsection (1) is not necessary for a purpose mentioned in subsection (3) ;\n- (c) on the commencement of the relevant empowering provision; or\n- (d) if the appointment, instrument or provision is expressed to take effect at a later time—the later time.","sortOrder":44},{"sectionNumber":"pt.6","sectionType":"part","heading":"Amendment and repeal of Acts","content":"# Amendment and repeal of Acts","sortOrder":45},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Act may be amended or repealed in same parliamentary session","content":"### sec.17A Act may be amended or repealed in same parliamentary session\n\nAn Act may be amended or repealed in the session of Parliament in which it is passed.\ns 17A ins 1991 No. 97 s 3 sch 1\nhdg prec s 18 ins 1991 No. 30 s 3 sch 2\nom 1991 No. 97 s 3 sch 1","sortOrder":46},{"sectionNumber":"sec.18","sectionType":"section","heading":"Time of expiry of Act etc.","content":"### sec.18 Time of expiry of Act etc.\n\nIf an Act or a provision of an Act—\nexpires on a day; or\nis expressed to remain or continue in force, or otherwise have effect, until a day;\nthe Act or provision has effect until the end of the day.\ns 18 sub 1991 No. 30 s 16 ; 1993 No. 76 s 3 sch 1\n- (a) expires on a day; or\n- (b) is expressed to remain or continue in force, or otherwise have effect, until a day;","sortOrder":47},{"sectionNumber":"sec.19","sectionType":"section","heading":"Repealed and amended Acts not revived on repeal of repealing and amending Acts","content":"### sec.19 Repealed and amended Acts not revived on repeal of repealing and amending Acts\n\nIn this section—\nAct includes a provision of an Act.\nrepeal includes expiry.\nIf an Act (the first Act ) is repealed by another Act (the other Act ), the first Act is not revived merely because the other Act is repealed.\nAct A repeals Act B. Act A is repealed. The repeal of Act A does not revive Act B.\nAct A repeals Act B. Act A is automatically repealed under section 22C . The repeal of Act A does not revive Act B.\nIf an Act (the first Act ) is amended by another Act (the other Act ), the continuing operation of the amendments made by the other Act is not affected merely because the other Act is repealed and, in particular, the first Act is not revived in the form that it was in before the amendments took effect merely because of the repeal.\nAct A amends Act B. Act A is repealed after it has commenced by a later Act C. The amendments made by Act A continue to operate, even though Act A has been repealed.\nAct A amends Act B. Act A is automatically repealed under section 22C . The amendments made by Act A continue to operate, even though Act A has been repealed.\nThis section is in addition to, and does not limit, sections 20 and 20A , or any provision of the law by which the repeal is made.\ns 19 sub 1991 No. 30 s 17\namd 1993 No. 76 s 3 sch 1 ; 1994 No. 87 s 3 sch 1\nsub 1995 No. 58 s 4 sch 1\namd 2010 No. 42 s 3 sch\n(sec.19-ssec.1) In this section— Act includes a provision of an Act. repeal includes expiry.\n(sec.19-ssec.2) If an Act (the first Act ) is repealed by another Act (the other Act ), the first Act is not revived merely because the other Act is repealed. Act A repeals Act B. Act A is repealed. The repeal of Act A does not revive Act B. Act A repeals Act B. Act A is automatically repealed under section 22C . The repeal of Act A does not revive Act B.\n(sec.19-ssec.3) If an Act (the first Act ) is amended by another Act (the other Act ), the continuing operation of the amendments made by the other Act is not affected merely because the other Act is repealed and, in particular, the first Act is not revived in the form that it was in before the amendments took effect merely because of the repeal. Act A amends Act B. Act A is repealed after it has commenced by a later Act C. The amendments made by Act A continue to operate, even though Act A has been repealed. Act A amends Act B. Act A is automatically repealed under section 22C . The amendments made by Act A continue to operate, even though Act A has been repealed.\n(sec.19-ssec.4) This section is in addition to, and does not limit, sections 20 and 20A , or any provision of the law by which the repeal is made.\n- 1 Act A repeals Act B. Act A is repealed. The repeal of Act A does not revive Act B.\n- 2 Act A repeals Act B. Act A is automatically repealed under section 22C . The repeal of Act A does not revive Act B.\n- 1 Act A amends Act B. Act A is repealed after it has commenced by a later Act C. The amendments made by Act A continue to operate, even though Act A has been repealed.\n- 2 Act A amends Act B. Act A is automatically repealed under section 22C . The amendments made by Act A continue to operate, even though Act A has been repealed.","sortOrder":48},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Commencement not undone if omitted","content":"### sec.19A Commencement not undone if omitted\n\nIf a provision of an Act provides for the commencement of a law and the law has commenced, the later omission of the provision does not affect the continuing operation of the law.\ns 19A ins 1994 No. 87 s 3 sch 1","sortOrder":49},{"sectionNumber":"sec.20","sectionType":"section","heading":"Saving of operation of repealed Act etc.","content":"### sec.20 Saving of operation of repealed Act etc.\n\nIn this section—\nAct includes a provision of an Act.\nrepeal includes expiry.\nThe repeal or amendment of an Act does not—\nrevive anything not in force or existing at the time the repeal or amendment takes effect; or\naffect the previous operation of the Act or anything suffered, done or begun under the Act ; or\naffect a right, privilege or liability acquired, accrued or incurred under the Act ; or\naffect a penalty incurred in relation to an offence arising under the Act ; or\naffect an investigation, proceeding or remedy in relation to a right, privilege, liability or penalty mentioned in paragraph (c) or (d) .\nThe investigation, proceeding or remedy may be started, continued or completed, and the right, privilege or liability may be enforced and the penalty imposed, as if the repeal or amendment had not happened.\nWithout limiting subsections (2) and (3) , the repeal or amendment of an Act does not affect—\nthe proof of anything that has happened; or\nany right, privilege or liability saved by the operation of the Act ; or\nany repeal or amendment made by the Act ; or\nany savings, transitional or validating effect of the Act .\nThis section is in addition to, and does not limit, sections 19 and 20A , or any provision of the law by which the repeal or amendment is made.\ns 20 sub 1991 No. 30 s 18\namd 1992 No. 48 s 207 sch ; 1993 No. 32 s 3 sch 1 ; 1994 No. 15 s 3 sch 1 ; 1995 No. 37 s 458 sch 2 pt 1 ; 1995 No. 58 s 4 sch 1 ; 1996 No. 76 s 2 sch\n(sec.20-ssec.1) In this section— Act includes a provision of an Act. repeal includes expiry.\n(sec.20-ssec.2) The repeal or amendment of an Act does not— revive anything not in force or existing at the time the repeal or amendment takes effect; or affect the previous operation of the Act or anything suffered, done or begun under the Act ; or affect a right, privilege or liability acquired, accrued or incurred under the Act ; or affect a penalty incurred in relation to an offence arising under the Act ; or affect an investigation, proceeding or remedy in relation to a right, privilege, liability or penalty mentioned in paragraph (c) or (d) .\n(sec.20-ssec.3) The investigation, proceeding or remedy may be started, continued or completed, and the right, privilege or liability may be enforced and the penalty imposed, as if the repeal or amendment had not happened.\n(sec.20-ssec.4) Without limiting subsections (2) and (3) , the repeal or amendment of an Act does not affect— the proof of anything that has happened; or any right, privilege or liability saved by the operation of the Act ; or any repeal or amendment made by the Act ; or any savings, transitional or validating effect of the Act .\n(sec.20-ssec.5) This section is in addition to, and does not limit, sections 19 and 20A , or any provision of the law by which the repeal or amendment is made.\n- (a) revive anything not in force or existing at the time the repeal or amendment takes effect; or\n- (b) affect the previous operation of the Act or anything suffered, done or begun under the Act ; or\n- (c) affect a right, privilege or liability acquired, accrued or incurred under the Act ; or\n- (d) affect a penalty incurred in relation to an offence arising under the Act ; or\n- (e) affect an investigation, proceeding or remedy in relation to a right, privilege, liability or penalty mentioned in paragraph (c) or (d) .\n- (a) the proof of anything that has happened; or\n- (b) any right, privilege or liability saved by the operation of the Act ; or\n- (c) any repeal or amendment made by the Act ; or\n- (d) any savings, transitional or validating effect of the Act .","sortOrder":50},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Repeal does not end saving, transitional or validating effect etc.","content":"### sec.20A Repeal does not end saving, transitional or validating effect etc.\n\nIn this section—\nAct includes a provision of an Act.\nrepeal includes expiry.\nIf an Act—\ndeclares a thing for a saving or transitional purpose (whether or not the Act is expressed to be made for a purpose of that type); or\nvalidates a thing that may otherwise be invalid; or\ndeclares a thing for a purpose that is consequential on a declaration mentioned in paragraph (a) or a validation mentioned in paragraph (b) (whether or not the Act is expressed to be made for a purpose of that type);\nthe declaratory or validating effect of the Act does not end merely because of the repeal of the Act .\na provision stating that an existing licence under a repealed law is taken to be a licence of a particular kind under another law and authorising the imposition of conditions under the other law\na provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly done\na provision stating that a matter that is declared valid is not justiciable\na provision stating that an instrument that is declared valid is taken to have been amended in a particular way\nIf an Act (the savings law ) declares an Act (the declared law ) to be a law to which this section applies—\nthe effect of the declared law does not end merely because of its repeal; and\nthe effect of the savings law does not end merely because of its repeal.\nA declaration may be made for subsection (3) about an Act whether or not the Act is a law to which subsection (2) applies.\nA declaration made for subsection (3) about an Act does not imply that, in the absence of a declaration about it, another Act is not a law to which this section applies.\nThis section is in addition to, and does not limit, sections 19 and 20 , or any provision of the law by which the repeal is made.\ns 20A ins 1993 No. 32 s 3 sch 1\namd 1993 No. 76 s 3 sch 1 ; 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 ; 1996 No. 76 s 2 sch\n(sec.20A-ssec.1) In this section— Act includes a provision of an Act. repeal includes expiry.\n(sec.20A-ssec.2) If an Act— declares a thing for a saving or transitional purpose (whether or not the Act is expressed to be made for a purpose of that type); or validates a thing that may otherwise be invalid; or declares a thing for a purpose that is consequential on a declaration mentioned in paragraph (a) or a validation mentioned in paragraph (b) (whether or not the Act is expressed to be made for a purpose of that type); the declaratory or validating effect of the Act does not end merely because of the repeal of the Act . a provision stating that an existing licence under a repealed law is taken to be a licence of a particular kind under another law and authorising the imposition of conditions under the other law a provision declaring an instrument to have been validly made and acts done in reliance on the instrument to have been validly done a provision stating that a matter that is declared valid is not justiciable a provision stating that an instrument that is declared valid is taken to have been amended in a particular way\n(sec.20A-ssec.3) If an Act (the savings law ) declares an Act (the declared law ) to be a law to which this section applies— the effect of the declared law does not end merely because of its repeal; and the effect of the savings law does not end merely because of its repeal.\n(sec.20A-ssec.4) A declaration may be made for subsection (3) about an Act whether or not the Act is a law to which subsection (2) applies.\n(sec.20A-ssec.5) A declaration made for subsection (3) about an Act does not imply that, in the absence of a declaration about it, another Act is not a law to which this section applies.\n(sec.20A-ssec.6) This section is in addition to, and does not limit, sections 19 and 20 , or any provision of the law by which the repeal is made.\n- (a) declares a thing for a saving or transitional purpose (whether or not the Act is expressed to be made for a purpose of that type); or\n- (b) validates a thing that may otherwise be invalid; or\n- (c) declares a thing for a purpose that is consequential on a declaration mentioned in paragraph (a) or a validation mentioned in paragraph (b) (whether or not the Act is expressed to be made for a purpose of that type);\n- 1 a provision stating that a matter that is declared valid is not justiciable\n- 2 a provision stating that an instrument that is declared valid is taken to have been amended in a particular way\n- (a) the effect of the declared law does not end merely because of its repeal; and\n- (b) the effect of the savings law does not end merely because of its repeal.","sortOrder":51},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Continuance of appointments etc. made under amended provisions","content":"### sec.20B Continuance of appointments etc. made under amended provisions\n\nThis section applies if—\na provision of a law expressly or impliedly authorises or requires—\nthe making of an appointment; or\nthe delegation of a function or power; or\nthe doing of anything else (other than the making of a statutory instrument); and\nthe provision is amended by an Act; and\nunder the amended provision—\nthe appointment may be made; or\nthe function or power may be delegated; or\nthe thing may be done.\nAn appointment, delegation or other thing mentioned in subsection (1) that was in force immediately before the commencement of the amendment continues to have effect after the commencement as if it had been done under the amended provision.\nIn this section—\namend includes omit and re-enact in the same law (with or without modification), but does not include omit and re-enact in another law.\ns 20B ins 1993 No. 32 s 3 sch 1\namd 2007 No. 36 s 2 sch\n(sec.20B-ssec.1) This section applies if— a provision of a law expressly or impliedly authorises or requires— the making of an appointment; or the delegation of a function or power; or the doing of anything else (other than the making of a statutory instrument); and the provision is amended by an Act; and under the amended provision— the appointment may be made; or the function or power may be delegated; or the thing may be done.\n(sec.20B-ssec.2) An appointment, delegation or other thing mentioned in subsection (1) that was in force immediately before the commencement of the amendment continues to have effect after the commencement as if it had been done under the amended provision.\n(sec.20B-ssec.3) In this section— amend includes omit and re-enact in the same law (with or without modification), but does not include omit and re-enact in another law.\n- (a) a provision of a law expressly or impliedly authorises or requires— (i) the making of an appointment; or (ii) the delegation of a function or power; or (iii) the doing of anything else (other than the making of a statutory instrument); and\n- (i) the making of an appointment; or\n- (ii) the delegation of a function or power; or\n- (iii) the doing of anything else (other than the making of a statutory instrument); and\n- (b) the provision is amended by an Act; and\n- (c) under the amended provision— (i) the appointment may be made; or (ii) the function or power may be delegated; or (iii) the thing may be done.\n- (i) the appointment may be made; or\n- (ii) the function or power may be delegated; or\n- (iii) the thing may be done.\n- (i) the making of an appointment; or\n- (ii) the delegation of a function or power; or\n- (iii) the doing of anything else (other than the making of a statutory instrument); and\n- (i) the appointment may be made; or\n- (ii) the function or power may be delegated; or\n- (iii) the thing may be done.","sortOrder":52},{"sectionNumber":"sec.20C","sectionType":"section","heading":"Creation of offences and changes in penalties","content":"### sec.20C Creation of offences and changes in penalties\n\nIn this section—\nAct includes a provision of an Act.\nIf an Act makes an act or omission an offence, the act or omission is only an offence if committed after the Act commences.\nIf an Act increases the maximum or minimum penalty, or the penalty, for an offence, the increase applies only to an offence committed after the Act commences.\ns 20C (prev s 20(2C)–(4)) renum 1995 No. 58 s 4 sch 1\namd 1995 No. 58 s 4 sch 1; 1996 No. 76 s 2 sch\n(sec.20C-ssec.1) In this section— Act includes a provision of an Act.\n(sec.20C-ssec.2) If an Act makes an act or omission an offence, the act or omission is only an offence if committed after the Act commences.\n(sec.20C-ssec.3) If an Act increases the maximum or minimum penalty, or the penalty, for an offence, the increase applies only to an offence committed after the Act commences.","sortOrder":53},{"sectionNumber":"sec.21","sectionType":"section","heading":"Continuance of repealed provisions","content":"### sec.21 Continuance of repealed provisions\n\nIf an Act repeals some or all of the provisions of an Act and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.\ns 21 amd 1991 No. 30 ss 19 , 3 sch 2 ; 1991 No. 97 s 3 sch 1\nhdg prec s 22 om 1991 No. 97 s 3 sch 1","sortOrder":54},{"sectionNumber":"sec.22","sectionType":"section","heading":"Act and amending Acts to be read as one","content":"### sec.22 Act and amending Acts to be read as one\n\nAn Act and all Acts amending the Act are to be read as one.\ns 22 amd 1991 No. 30 s 3 sch 1\nsub 1991 No. 97 s 3 sch 1","sortOrder":55},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Insertion of provisions by amending Act","content":"### sec.22A Insertion of provisions by amending Act\n\nIf an Act amends a provision of a law by inserting a subsection that is to form part of a series of subsections, and does not specify the position in the provision where it is to be inserted, the subsection is to be inserted in the appropriate numerical or alphanumerical position.\nIf an Act amends a provision of a law by inserting a paragraph that is to form part of a series of paragraphs, and does not specify the position in the provision where it is to be inserted, the paragraph is to be inserted in the appropriate alphabetical position.\nIf an Act amends a provision of a law by inserting a subparagraph that is to form part of a series of subparagraphs, and does not specify the position in the provision where it is to be inserted, the subparagraph is to be inserted in the appropriate numerical or alphanumerical position.\nIf an Act amends a provision of a law by inserting a sub-subparagraph that is to form part of a series of sub-subparagraphs, and does not specify the position in the provision where it is to be inserted, the sub-subparagraph is to be inserted in the appropriate alphabetical position.\nIf an Act amends a provision of a law by inserting a definition that is to form part of a series of definitions, and does not specify the position in the provision where it is to be inserted, the definition is to be inserted in the appropriate alphabetical position, determined on a letter-by-letter basis.\nIf an Act otherwise amends a provision of a law by inserting a provision that is to form part of a series of provisions, and does not specify the position in the first provision where it is to be inserted, the second provision is to be inserted in the appropriate numerical or alphanumerical position.\nIf an Act amends a provision of a law by inserting an example, note or penalty, and does not specify the position in the provision where it is to be inserted, the example, note or penalty is to be inserted at the end of the provision.\nIn determining the appropriate position in which a provision is to be inserted, regard may be had to current Queensland legislative drafting practice.\ns 22A ins 1991 No. 30 s 20\nsub 1993 No. 32 s 3 sch 1\namd 2005 No. 70 s 8 ; 2010 No. 42 s 3 sch\n(sec.22A-ssec.1) If an Act amends a provision of a law by inserting a subsection that is to form part of a series of subsections, and does not specify the position in the provision where it is to be inserted, the subsection is to be inserted in the appropriate numerical or alphanumerical position.\n(sec.22A-ssec.2) If an Act amends a provision of a law by inserting a paragraph that is to form part of a series of paragraphs, and does not specify the position in the provision where it is to be inserted, the paragraph is to be inserted in the appropriate alphabetical position.\n(sec.22A-ssec.3) If an Act amends a provision of a law by inserting a subparagraph that is to form part of a series of subparagraphs, and does not specify the position in the provision where it is to be inserted, the subparagraph is to be inserted in the appropriate numerical or alphanumerical position.\n(sec.22A-ssec.4) If an Act amends a provision of a law by inserting a sub-subparagraph that is to form part of a series of sub-subparagraphs, and does not specify the position in the provision where it is to be inserted, the sub-subparagraph is to be inserted in the appropriate alphabetical position.\n(sec.22A-ssec.5) If an Act amends a provision of a law by inserting a definition that is to form part of a series of definitions, and does not specify the position in the provision where it is to be inserted, the definition is to be inserted in the appropriate alphabetical position, determined on a letter-by-letter basis.\n(sec.22A-ssec.6) If an Act otherwise amends a provision of a law by inserting a provision that is to form part of a series of provisions, and does not specify the position in the first provision where it is to be inserted, the second provision is to be inserted in the appropriate numerical or alphanumerical position.\n(sec.22A-ssec.7) If an Act amends a provision of a law by inserting an example, note or penalty, and does not specify the position in the provision where it is to be inserted, the example, note or penalty is to be inserted at the end of the provision.\n(sec.22A-ssec.8) In determining the appropriate position in which a provision is to be inserted, regard may be had to current Queensland legislative drafting practice.","sortOrder":56},{"sectionNumber":"sec.22B","sectionType":"section","heading":"Amendment to be made wherever possible in provision","content":"### sec.22B Amendment to be made wherever possible in provision\n\nIf an Act amends a provision of a law—\nby omitting a word; or\nby omitting a word and inserting another word; or\nby inserting a word before or after a particular word;\nthe amendment is to be made wherever possible in the provision.\ns 22B ins 1993 No. 32 s 3 sch 1\n- (a) by omitting a word; or\n- (b) by omitting a word and inserting another word; or\n- (c) by inserting a word before or after a particular word;","sortOrder":57},{"sectionNumber":"sec.22C","sectionType":"section","heading":"Automatic repeal of amending Act","content":"### sec.22C Automatic repeal of amending Act\n\nAn amending Act enacted after 30 June 1994 is automatically repealed at the beginning of the day after all of its provisions have commenced.\nA repeal under subsection (1) has effect for all purposes, including, for example, sections 19 to 20A .\nThis section is in addition to, and does not limit the operation of, any other provision of this Act about repeals.\nIn this section—\namending Act means an Act that consists only of provisions of the following types—\nthe Act ’s long title;\nthe Act ’s preamble (if any);\na provision about the Act ’s citation;\na provision (if any) about the Act ’s commencement;\na provision providing for the amendment or repeal of an Act or other instrument (including a provision identifying the amended or repealed instrument);\na provision providing for the extension of the period before commencement, under section 15DA (2) , of an Act or a provision of an Act that has not commenced within 1 year of the assent day;\na provision declaring an Act or a provision of an Act to be a law to which section 20A applies.\nThe Hypothetical Amending Act 1995 amends the ABC Act and the LMN Act . It also repeals a list of Acts set out in a schedule. Apart from—\na long title\na provision about the Act ’s citation (that is, the Act ’s short title)\na provision about the Act ’s commencement\namending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Act s)\nrepealing provisions (that is, a provision stating that the Act s set out in the schedule are repealed and a schedule)\na provision about the application of section 20A to a provision being repealed;\nthe Hypothetical Amending Act 1995 contains no other provisions. Its repealing provisions commence on assent, 21 March 1995. Its amending provisions commence on proclamation, 12 April 1995. Under subsection (1) , the Hypothetical Amending Act 1995 is automatically repealed at the beginning of 13 April 1995.\nThe Example Act 1995 contains provisions establishing a new scheme. It also amends several Acts and repeals others. Because it contains the scheme provisions, it is not an amending Act covered by subsection (1) .\nassent day means the date of assent of—\nif the provision provides for the extension of the period before commencement, under section 15DA (2) , of an Act—the Act ; or\nif the provision provides for the extension of the period before commencement, under section 15DA (2) , of a provision of an Act—the Act that enacts the provision.\ns 22C ins 1994 No. 15 s 3 sch 1\namd 1994 No. 83 s 12 ; 1995 No. 58 s 4 sch 1 ; 2005 No. 70 s 9 ; 2010 No. 42 s 3 sch\n(sec.22C-ssec.1) An amending Act enacted after 30 June 1994 is automatically repealed at the beginning of the day after all of its provisions have commenced.\n(sec.22C-ssec.2) A repeal under subsection (1) has effect for all purposes, including, for example, sections 19 to 20A .\n(sec.22C-ssec.3) This section is in addition to, and does not limit the operation of, any other provision of this Act about repeals.\n(sec.22C-ssec.4) In this section— amending Act means an Act that consists only of provisions of the following types— the Act ’s long title; the Act ’s preamble (if any); a provision about the Act ’s citation; a provision (if any) about the Act ’s commencement; a provision providing for the amendment or repeal of an Act or other instrument (including a provision identifying the amended or repealed instrument); a provision providing for the extension of the period before commencement, under section 15DA (2) , of an Act or a provision of an Act that has not commenced within 1 year of the assent day; a provision declaring an Act or a provision of an Act to be a law to which section 20A applies. The Hypothetical Amending Act 1995 amends the ABC Act and the LMN Act . It also repeals a list of Acts set out in a schedule. Apart from— a long title a provision about the Act ’s citation (that is, the Act ’s short title) a provision about the Act ’s commencement amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Act s) repealing provisions (that is, a provision stating that the Act s set out in the schedule are repealed and a schedule) a provision about the application of section 20A to a provision being repealed; the Hypothetical Amending Act 1995 contains no other provisions. Its repealing provisions commence on assent, 21 March 1995. Its amending provisions commence on proclamation, 12 April 1995. Under subsection (1) , the Hypothetical Amending Act 1995 is automatically repealed at the beginning of 13 April 1995. The Example Act 1995 contains provisions establishing a new scheme. It also amends several Acts and repeals others. Because it contains the scheme provisions, it is not an amending Act covered by subsection (1) . assent day means the date of assent of— if the provision provides for the extension of the period before commencement, under section 15DA (2) , of an Act—the Act ; or if the provision provides for the extension of the period before commencement, under section 15DA (2) , of a provision of an Act—the Act that enacts the provision.\n- (a) the Act ’s long title;\n- (b) the Act ’s preamble (if any);\n- (c) a provision about the Act ’s citation;\n- (d) a provision (if any) about the Act ’s commencement;\n- (e) a provision providing for the amendment or repeal of an Act or other instrument (including a provision identifying the amended or repealed instrument);\n- (f) a provision providing for the extension of the period before commencement, under section 15DA (2) , of an Act or a provision of an Act that has not commenced within 1 year of the assent day;\n- (g) a provision declaring an Act or a provision of an Act to be a law to which section 20A applies. Example 1— The Hypothetical Amending Act 1995 amends the ABC Act and the LMN Act . It also repeals a list of Acts set out in a schedule. Apart from— • a long title • a provision about the Act ’s citation (that is, the Act ’s short title) • a provision about the Act ’s commencement • amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Act s) • repealing provisions (that is, a provision stating that the Act s set out in the schedule are repealed and a schedule) • a provision about the application of section 20A to a provision being repealed; the Hypothetical Amending Act 1995 contains no other provisions. Its repealing provisions commence on assent, 21 March 1995. Its amending provisions commence on proclamation, 12 April 1995. Under subsection (1) , the Hypothetical Amending Act 1995 is automatically repealed at the beginning of 13 April 1995. Example 2— The Example Act 1995 contains provisions establishing a new scheme. It also amends several Acts and repeals others. Because it contains the scheme provisions, it is not an amending Act covered by subsection (1) .\n- • a long title\n- • a provision about the Act ’s citation (that is, the Act ’s short title)\n- • a provision about the Act ’s commencement\n- • amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Act s)\n- • repealing provisions (that is, a provision stating that the Act s set out in the schedule are repealed and a schedule)\n- • a provision about the application of section 20A to a provision being repealed;\n- • a long title\n- • a provision about the Act ’s citation (that is, the Act ’s short title)\n- • a provision about the Act ’s commencement\n- • amending provisions (that is, provisions stating that the ABC Act and the LMN Act are amended and the provisions amending the Act s)\n- • repealing provisions (that is, a provision stating that the Act s set out in the schedule are repealed and a schedule)\n- • a provision about the application of section 20A to a provision being repealed;\n- (a) if the provision provides for the extension of the period before commencement, under section 15DA (2) , of an Act—the Act ; or\n- (b) if the provision provides for the extension of the period before commencement, under section 15DA (2) , of a provision of an Act—the Act that enacts the provision.","sortOrder":58},{"sectionNumber":"pt.7","sectionType":"part","heading":"Functions and powers conferred by Acts","content":"# Functions and powers conferred by Acts","sortOrder":59},{"sectionNumber":"sec.23","sectionType":"section","heading":"Performance of statutory functions etc.","content":"### sec.23 Performance of statutory functions etc.\n\nIf an Act confers a function or power on a person or body, the function may be performed, or the power may be exercised, as occasion requires.\nIf an Act confers a function or power on a specified officer or the holder of a specified office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\nIf an Act confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.\ns 23 sub 1991 No. 30 s 21\namd 1993 No. 32 s 3 sch 1\n(sec.23-ssec.1) If an Act confers a function or power on a person or body, the function may be performed, or the power may be exercised, as occasion requires.\n(sec.23-ssec.2) If an Act confers a function or power on a specified officer or the holder of a specified office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\n(sec.23-ssec.3) If an Act confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.","sortOrder":60},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Conferral of statutory power on another entity","content":"### sec.23A Conferral of statutory power on another entity\n\nIf a provision of an Act, whether expressly or by implication, confers a power (the first power ) on an entity to authorise or require another entity to exercise a power (the second power ), then, if the first power is exercised, the provision is taken to confer the second power on the other entity.\nIn this section—\npower includes doing an act or making a decision for the purpose of performing a function.\ns 23A ins 1993 No. 76 s 3 sch 1\n(sec.23A-ssec.1) If a provision of an Act, whether expressly or by implication, confers a power (the first power ) on an entity to authorise or require another entity to exercise a power (the second power ), then, if the first power is exercised, the provision is taken to confer the second power on the other entity.\n(sec.23A-ssec.2) In this section— power includes doing an act or making a decision for the purpose of performing a function.","sortOrder":61},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 amd 1991 No. 30 s 3 sch s 1 – 2\nsub 1991 No. 97 s 3 sch 1\nom 1992 No. 22 s 48 sch 3","sortOrder":62},{"sectionNumber":"sec.24AA","sectionType":"section","heading":"Power to make instrument or decision includes power to amend or repeal","content":"### sec.24AA Power to make instrument or decision includes power to amend or repeal\n\nIf an Act authorises or requires the making of an instrument or decision—\nthe power includes power to amend or repeal the instrument or decision; and\nthe power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.\ns 24AA ins 1991 No. 97 s 3 sch 1\n- (a) the power includes power to amend or repeal the instrument or decision; and\n- (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.","sortOrder":63},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Appointments may be made by name or office","content":"### sec.24A Appointments may be made by name or office\n\nIf an Act authorises or requires a person or body—\nto appoint a person to an office; or\nto appoint a person or body to exercise a power; or\nto appoint a person or body to do another thing;\nthe person or body may make the appointment by—\nappointing a person or body by name; or\nappointing a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\nAn appointment of a specified officer, or the holder of a specified office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\ns 24A ins 1991 No. 30 s 22\namd 1991 No. 97 s 3 sch 1 ; 1993 No. 32 s 3 sch 1 ; 1993 No. 76 s 3 sch 1\n(sec.24A-ssec.1) If an Act authorises or requires a person or body— to appoint a person to an office; or to appoint a person or body to exercise a power; or to appoint a person or body to do another thing; the person or body may make the appointment by— appointing a person or body by name; or appointing a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n(sec.24A-ssec.2) An appointment of a specified officer, or the holder of a specified office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n- (a) to appoint a person to an office; or\n- (b) to appoint a person or body to exercise a power; or\n- (c) to appoint a person or body to do another thing;\n- (d) appointing a person or body by name; or\n- (e) appointing a specified officer, or the holder of a specified office, by reference to the title of the office concerned.","sortOrder":64},{"sectionNumber":"sec.24B","sectionType":"section","heading":"Acting appointments","content":"### sec.24B Acting appointments\n\nIf an Act authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with the Act , appoint—\na person by name; or\na specified officer, or the holder of a specified office, by reference to the title of the office concerned;\nto act in the office.\nThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\nThe appointer may—\ndetermine the terms and conditions of the appointment, including remuneration and allowances; and\nend the appointment at any time.\nIf the appointer is a body, the appointment may be made or ended by a resolution of the body.\nThe appointment, or the ending of the appointment under subsection (3) (b) , must be in, or evidenced by, writing, signed by the appointer or, if the appointer is a body, by a person authorised by the body for the purpose.\nIf the appointee is acting in the office because of a vacancy in the office—\nthe term of the appointment may not be more than 1 year; and\nthe appointee may be reappointed to act in the office, but the term of each reappointment may not be more than 1 year.\nIf the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subsection (2) , the appointee may continue to act until—\nthe appointer otherwise directs; or\nthe vacancy ends; or\nthe end of a year from the day of the vacancy;\nwhichever happens first.\nSubsection (6) (c) does not prevent a further appointment of the appointee to act for a period ending later than a year from the day of the vacancy.\nThe appointment ends if the appointee resigns by writing signed and delivered to the appointer.\nIf the vacancy in the office in which a person is acting ends, the person’s appointment to act in the office because of the vacancy also ends.\nIf the holder of the office in which a person is acting resumes the office, the person’s appointment to act in the office because of the absence of the holder of the office ends.\nSubsections (7A) and (7B) apply even if a contrary intention appears in the instrument of, or evidencing the, appointment to act.\nA person’s substantive appointment to an office does not end merely because the person acts in another office.\nTo avoid any doubt, it is declared that subsections (7A) to (7D) do not change the law of Queensland.\nWhile the appointee is acting in the office—\nthe appointee has all the functions and powers of the holder of the office; and\nlaws apply to the appointee, and to other persons in relationship to the appointee, as if the appointee were the holder of the office.\nAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\nthe occasion for the appointment had not arisen; or\nthe appointment had ended; or\nthe occasion for the person to act had not arisen or had ended.\nIf the Act authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\nIf—\nthe appointer is a specified officer or the holder of a specified office; and\nthe person who was the specified officer or holder of the specified office when the appointment was made ceases to be the officer or holder of the office;\nthen—\nthe appointment continues in force; and\nthe person for the time being occupying or acting in the office concerned is taken to be the appointer for the purposes of this section.\nIf—\nthe appointer is a body; and\nthere is a change in the membership of the body;\nthen—\nthe appointment continues in force; and\nthe body as constituted for the time being is taken to be the appointer for the purposes of this section.\nWriting purporting to be, or to contain, an appointment, or the ending of an appointment under subsection (3) (b) , is evidence of the appointment or the ending of the appointment.\nA certificate signed by the appointer (or, if the appointer is a body, by a person authorised by the body for the purpose) stating anything in relation to an appointment is evidence of the thing.\nA document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established.\ns 24B ins 1991 No. 30 s 22\namd 1992 No. 22 s 48 sch 3 ; 1993 No. 32 s 3 sch 1 ; 1994 No. 15 s 3 sch 1 ; 2005 No. 70 s 10 ; 2023 No. 23 s 6\n(sec.24B-ssec.1) If an Act authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with the Act , appoint— a person by name; or a specified officer, or the holder of a specified office, by reference to the title of the office concerned; to act in the office.\n(sec.24B-ssec.2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sec.24B-ssec.3) The appointer may— determine the terms and conditions of the appointment, including remuneration and allowances; and end the appointment at any time.\n(sec.24B-ssec.3A) If the appointer is a body, the appointment may be made or ended by a resolution of the body.\n(sec.24B-ssec.4) The appointment, or the ending of the appointment under subsection (3) (b) , must be in, or evidenced by, writing, signed by the appointer or, if the appointer is a body, by a person authorised by the body for the purpose.\n(sec.24B-ssec.5) If the appointee is acting in the office because of a vacancy in the office— the term of the appointment may not be more than 1 year; and the appointee may be reappointed to act in the office, but the term of each reappointment may not be more than 1 year.\n(sec.24B-ssec.6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subsection (2) , the appointee may continue to act until— the appointer otherwise directs; or the vacancy ends; or the end of a year from the day of the vacancy; whichever happens first.\n(sec.24B-ssec.6A) Subsection (6) (c) does not prevent a further appointment of the appointee to act for a period ending later than a year from the day of the vacancy.\n(sec.24B-ssec.7) The appointment ends if the appointee resigns by writing signed and delivered to the appointer.\n(sec.24B-ssec.7A) If the vacancy in the office in which a person is acting ends, the person’s appointment to act in the office because of the vacancy also ends.\n(sec.24B-ssec.7B) If the holder of the office in which a person is acting resumes the office, the person’s appointment to act in the office because of the absence of the holder of the office ends.\n(sec.24B-ssec.7C) Subsections (7A) and (7B) apply even if a contrary intention appears in the instrument of, or evidencing the, appointment to act.\n(sec.24B-ssec.7D) A person’s substantive appointment to an office does not end merely because the person acts in another office.\n(sec.24B-ssec.7E) To avoid any doubt, it is declared that subsections (7A) to (7D) do not change the law of Queensland.\n(sec.24B-ssec.8) While the appointee is acting in the office— the appointee has all the functions and powers of the holder of the office; and laws apply to the appointee, and to other persons in relationship to the appointee, as if the appointee were the holder of the office.\n(sec.24B-ssec.9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— the occasion for the appointment had not arisen; or the appointment had ended; or the occasion for the person to act had not arisen or had ended.\n(sec.24B-ssec.10) If the Act authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n(sec.24B-ssec.11) If— the appointer is a specified officer or the holder of a specified office; and the person who was the specified officer or holder of the specified office when the appointment was made ceases to be the officer or holder of the office; then— the appointment continues in force; and the person for the time being occupying or acting in the office concerned is taken to be the appointer for the purposes of this section.\n(sec.24B-ssec.12) If— the appointer is a body; and there is a change in the membership of the body; then— the appointment continues in force; and the body as constituted for the time being is taken to be the appointer for the purposes of this section.\n(sec.24B-ssec.13) Writing purporting to be, or to contain, an appointment, or the ending of an appointment under subsection (3) (b) , is evidence of the appointment or the ending of the appointment.\n(sec.24B-ssec.14) A certificate signed by the appointer (or, if the appointer is a body, by a person authorised by the body for the purpose) stating anything in relation to an appointment is evidence of the thing.\n(sec.24B-ssec.15) A document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established.\n- (a) a person by name; or\n- (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned;\n- (a) determine the terms and conditions of the appointment, including remuneration and allowances; and\n- (b) end the appointment at any time.\n- (a) the term of the appointment may not be more than 1 year; and\n- (b) the appointee may be reappointed to act in the office, but the term of each reappointment may not be more than 1 year.\n- (a) the appointer otherwise directs; or\n- (b) the vacancy ends; or\n- (c) the end of a year from the day of the vacancy;\n- (a) the appointee has all the functions and powers of the holder of the office; and\n- (b) laws apply to the appointee, and to other persons in relationship to the appointee, as if the appointee were the holder of the office.\n- (a) the occasion for the appointment had not arisen; or\n- (b) the appointment had ended; or\n- (c) the occasion for the person to act had not arisen or had ended.\n- (a) the appointer is a specified officer or the holder of a specified office; and\n- (b) the person who was the specified officer or holder of the specified office when the appointment was made ceases to be the officer or holder of the office;\n- (c) the appointment continues in force; and\n- (d) the person for the time being occupying or acting in the office concerned is taken to be the appointer for the purposes of this section.\n- (a) the appointer is a body; and\n- (b) there is a change in the membership of the body;\n- (c) the appointment continues in force; and\n- (d) the body as constituted for the time being is taken to be the appointer for the purposes of this section.","sortOrder":65},{"sectionNumber":"sec.24C","sectionType":"section","heading":"Acting person nominated by Act etc.","content":"### sec.24C Acting person nominated by Act etc.\n\nThis section applies if an Act provides that a specified officer, or the holder of a specified office, (the nominated person ) acts as another specified officer or in another specified office on a specified occasion.\nWhile the nominated person is acting as the other officer or in the other office—\nthe nominated person has all the functions and powers of the officer or holder of the office; and\nlaws apply to the nominated person, and to other persons in relationship to the nominated person, as if the nominated person were the officer or holder of the office.\nAnything done by or in relation to the nominated person while the nominated person is purporting to act as the other officer or in the other office is not invalid merely because the occasion for the nominated person to act had not happened or had ceased.\ns 24C ins 1993 No. 32 s 3 sch 1\namd 2005 No. 70 s 11\n(sec.24C-ssec.1) This section applies if an Act provides that a specified officer, or the holder of a specified office, (the nominated person ) acts as another specified officer or in another specified office on a specified occasion.\n(sec.24C-ssec.2) While the nominated person is acting as the other officer or in the other office— the nominated person has all the functions and powers of the officer or holder of the office; and laws apply to the nominated person, and to other persons in relationship to the nominated person, as if the nominated person were the officer or holder of the office.\n(sec.24C-ssec.3) Anything done by or in relation to the nominated person while the nominated person is purporting to act as the other officer or in the other office is not invalid merely because the occasion for the nominated person to act had not happened or had ceased.\n- (a) the nominated person has all the functions and powers of the officer or holder of the office; and\n- (b) laws apply to the nominated person, and to other persons in relationship to the nominated person, as if the nominated person were the officer or holder of the office.","sortOrder":66},{"sectionNumber":"sec.25","sectionType":"section","heading":"Powers of appointment imply certain incidental powers","content":"### sec.25 Powers of appointment imply certain incidental powers\n\nIf an Act authorises or requires a person or body to appoint a person to an office—\nthe power may be exercised as occasion requires; and\nthe power includes—\npower to remove or suspend, at any time, a person appointed to the office; and\npower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\npower to reinstate or reappoint a person removed or suspended; and\npower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\npower to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and\nthe power also includes power to reappoint a person to the office if the person is eligible to be appointed to the office.\nThe power to remove or suspend a person under subsection (1) (b) may be exercised even if the Act under which the person was appointed provides that the holder of the office to which the person was appointed is to hold office for a specified period.\nThe power to make an appointment under subsection (1) (b) may be exercised as occasion requires.\nAn appointment under subsection (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\ns 25 amd 1971 No. 43 s 2 ; 1991 No. 30 s 3 sch s 1 – 2\nsub 1991 No. 97 s 3 sch 1\namd 1992 No. 55 s 163 sch 2 ; 1993 No. 32 s 3 sch 1\n(sec.25-ssec.1) If an Act authorises or requires a person or body to appoint a person to an office— the power may be exercised as occasion requires; and the power includes— power to remove or suspend, at any time, a person appointed to the office; and power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and power to reinstate or reappoint a person removed or suspended; and power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and the power also includes power to reappoint a person to the office if the person is eligible to be appointed to the office.\n(sec.25-ssec.2) The power to remove or suspend a person under subsection (1) (b) may be exercised even if the Act under which the person was appointed provides that the holder of the office to which the person was appointed is to hold office for a specified period.\n(sec.25-ssec.3) The power to make an appointment under subsection (1) (b) may be exercised as occasion requires.\n(sec.25-ssec.4) An appointment under subsection (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n- (a) the power may be exercised as occasion requires; and\n- (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and\n- (i) power to remove or suspend, at any time, a person appointed to the office; and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n- (iii) power to reinstate or reappoint a person removed or suspended; and\n- (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n- (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and\n- (c) the power also includes power to reappoint a person to the office if the person is eligible to be appointed to the office.\n- (i) power to remove or suspend, at any time, a person appointed to the office; and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n- (iii) power to reinstate or reappoint a person removed or suspended; and\n- (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n- (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and","sortOrder":67},{"sectionNumber":"sec.26","sectionType":"section","heading":"Appointment not affected by defect etc.","content":"### sec.26 Appointment not affected by defect etc.\n\nThe appointment of a person to an office, to act in an office, to exercise a power or to do anything else is not invalid merely because of a defect or irregularity in relation to the appointment.\ns 26 prev s 26 om 1991 No. 97 s 3 sch 1\npres s 26 ins 1992 No. 55 s 163 sch 2","sortOrder":68},{"sectionNumber":"sec.27","sectionType":"section","heading":"Power to hear and determine includes power to administer oath","content":"### sec.27 Power to hear and determine includes power to administer oath\n\nA person or body authorised by law, or by consent of parties, to conduct a hearing for the purpose of the determination (by that or another person or body) of any matter has authority—\nto receive evidence; and\nto examine witnesses, and to administer oaths to witnesses, who have been lawfully called before the person or body.\ns 27 sub 1991 No. 97 s 3 sch 1\n- (a) to receive evidence; and\n- (b) to examine witnesses, and to administer oaths to witnesses, who have been lawfully called before the person or body.","sortOrder":69},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Delegation of functions or powers","content":"### sec.27A Delegation of functions or powers\n\nIf an Act authorises a person or body to delegate a function or power, the person or body may, in accordance with the Act and any other applicable law, delegate the function or power to—\na person or body by name; or\na specified officer, or the holder of a specified office, by reference to the title of the office concerned.\nThe delegation may be—\ngeneral or limited; and\nmade from time to time; and\nrevoked, wholly or partly, by the delegator.\nThe delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\nIf the delegator is a body, the delegation may be made or revoked by a resolution of the body.\nAll conditions and preliminary steps required for the exercise of a delegation are presumed to have been satisfied and performed unless the contrary is established.\nLaws apply to the delegate, and to other persons in relationship to the delegate, in the performance of the delegated function or in the exercise of a delegated power as if the delegate were the delegator.\nAnything done by or in relation to the delegate in relation to the delegation is taken to have been done by or in relation to the delegator.\nUnder an Act an evidentiary certificate purporting to be signed by an office holder is evidence of the content in any proceeding (the facilitation provision ). The Act confers a general power of delegation on the office holder. The office holder uses the power to delegate the function of issuing the certificate to someone else. Under subsections (3C) and (3D) (and (6) and (7)), the facilitation provision is taken to provide for the certificate purporting to be signed by the delegate as having been signed by the delegator.\nA delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject.\nThe delegate may, in the performance of a delegated function or in the exercise of a delegated power, do anything that is incidental to the delegated function or power.\nA delegated function or power that purports to have been performed or exercised by the delegate is taken to have been properly performed or exercised by the delegate unless the contrary is proved.\nA delegated function or power that is properly performed or exercised by the delegate is taken to have been performed or exercised by the delegator.\nIf, when performed or exercised by the delegator, a function or power is dependent on the delegator’s opinion, belief or state of mind, then, when performed or exercised by the delegate, the function or power is dependent on the delegate’s opinion, belief or state of mind.\nIf—\nthe delegator is a specified officer or the holder of a specified office; and\nthe person who was the specified officer or holder of the specified office when the delegation was made ceases to be the officer or holder of the office;\nthen—\nthe delegation continues in force; and\nthe person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.\nIf—\nthe delegator is a body; and\nthere is a change in the membership of the body;\nthen—\nthe delegation continues in force; and\nthe body as constituted for the time being is taken to be the delegator for the purposes of this section.\nIf a function or power is delegated to a specified officer or the holder of a specified office—\nthe delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function or power was delegated ceases to be the officer or the holder of the office; and\nthe function or power may be performed or exercised by the person for the time being occupying or acting in the office concerned.\nA function or power that has been delegated may, despite the delegation, be performed or exercised by the delegator.\nThe delegation of a function or power does not relieve the delegator of the delegator’s obligation to ensure that the function or power is properly performed or exercised.\nSubject to subsection (12) , this section applies to a subdelegation of a function or power in the same way as it applies to a delegation of a function or power.\nIf an Act authorises the delegation of a function or power, the function or power may be subdelegated only if the Act expressly authorises the function or power to be subdelegated.\nWriting purporting to be, or to contain, a delegation, or the revocation of a delegation, is evidence of the delegation or revocation.\nA certificate signed by the delegator (or, if the delegator is a body, by a person authorised by the body for the purpose) stating anything in relation to a delegation is evidence of the thing.\nA document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established.\nAuthority to delegate a person’s or body’s powers includes authority to delegate doing an act or making a decision for performing a function of the person or body.\nIn this section—\npower includes doing an act or making a decision for the purpose of performing a function.\ns 27A ins 1971 No. 43 s 3\nsub 1991 No. 30 s 23\namd 1991 No. 97 s 3 sch 1 ; 1992 No. 68 s 3 sch 1 ; 1993 No. 32 s 3 sch 1 ; 1993 No. 76 s 3 sch 1 ; 1994 No. 87 s 3 sch 1 ; 2005 No. 70 s 12 ; 2010 No. 13 s 138 sch pt 1\n(sec.27A-ssec.1) If an Act authorises a person or body to delegate a function or power, the person or body may, in accordance with the Act and any other applicable law, delegate the function or power to— a person or body by name; or a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n(sec.27A-ssec.2) The delegation may be— general or limited; and made from time to time; and revoked, wholly or partly, by the delegator.\n(sec.27A-ssec.3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\n(sec.27A-ssec.3A) If the delegator is a body, the delegation may be made or revoked by a resolution of the body.\n(sec.27A-ssec.3B) All conditions and preliminary steps required for the exercise of a delegation are presumed to have been satisfied and performed unless the contrary is established.\n(sec.27A-ssec.3C) Laws apply to the delegate, and to other persons in relationship to the delegate, in the performance of the delegated function or in the exercise of a delegated power as if the delegate were the delegator.\n(sec.27A-ssec.3D) Anything done by or in relation to the delegate in relation to the delegation is taken to have been done by or in relation to the delegator. Under an Act an evidentiary certificate purporting to be signed by an office holder is evidence of the content in any proceeding (the facilitation provision ). The Act confers a general power of delegation on the office holder. The office holder uses the power to delegate the function of issuing the certificate to someone else. Under subsections (3C) and (3D) (and (6) and (7)), the facilitation provision is taken to provide for the certificate purporting to be signed by the delegate as having been signed by the delegator.\n(sec.27A-ssec.4) A delegated function or power may be exercised only in accordance with any conditions to which the delegation is subject.\n(sec.27A-ssec.5) The delegate may, in the performance of a delegated function or in the exercise of a delegated power, do anything that is incidental to the delegated function or power.\n(sec.27A-ssec.6) A delegated function or power that purports to have been performed or exercised by the delegate is taken to have been properly performed or exercised by the delegate unless the contrary is proved.\n(sec.27A-ssec.7) A delegated function or power that is properly performed or exercised by the delegate is taken to have been performed or exercised by the delegator.\n(sec.27A-ssec.8) If, when performed or exercised by the delegator, a function or power is dependent on the delegator’s opinion, belief or state of mind, then, when performed or exercised by the delegate, the function or power is dependent on the delegate’s opinion, belief or state of mind.\n(sec.27A-ssec.8A) If— the delegator is a specified officer or the holder of a specified office; and the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the officer or holder of the office; then— the delegation continues in force; and the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.\n(sec.27A-ssec.8B) If— the delegator is a body; and there is a change in the membership of the body; then— the delegation continues in force; and the body as constituted for the time being is taken to be the delegator for the purposes of this section.\n(sec.27A-ssec.9) If a function or power is delegated to a specified officer or the holder of a specified office— the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function or power was delegated ceases to be the officer or the holder of the office; and the function or power may be performed or exercised by the person for the time being occupying or acting in the office concerned.\n(sec.27A-ssec.10) A function or power that has been delegated may, despite the delegation, be performed or exercised by the delegator.\n(sec.27A-ssec.10A) The delegation of a function or power does not relieve the delegator of the delegator’s obligation to ensure that the function or power is properly performed or exercised.\n(sec.27A-ssec.11) Subject to subsection (12) , this section applies to a subdelegation of a function or power in the same way as it applies to a delegation of a function or power.\n(sec.27A-ssec.12) If an Act authorises the delegation of a function or power, the function or power may be subdelegated only if the Act expressly authorises the function or power to be subdelegated.\n(sec.27A-ssec.13) Writing purporting to be, or to contain, a delegation, or the revocation of a delegation, is evidence of the delegation or revocation.\n(sec.27A-ssec.14) A certificate signed by the delegator (or, if the delegator is a body, by a person authorised by the body for the purpose) stating anything in relation to a delegation is evidence of the thing.\n(sec.27A-ssec.15) A document purporting to be a certificate mentioned in subsection (14) is taken to be the certificate, and to have been properly given, unless the contrary is established.\n(sec.27A-ssec.15A) Authority to delegate a person’s or body’s powers includes authority to delegate doing an act or making a decision for performing a function of the person or body.\n(sec.27A-ssec.16) In this section— power includes doing an act or making a decision for the purpose of performing a function.\n- (a) a person or body by name; or\n- (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n- (a) general or limited; and\n- (b) made from time to time; and\n- (c) revoked, wholly or partly, by the delegator.\n- (a) the delegator is a specified officer or the holder of a specified office; and\n- (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the officer or holder of the office;\n- (c) the delegation continues in force; and\n- (d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.\n- (a) the delegator is a body; and\n- (b) there is a change in the membership of the body;\n- (c) the delegation continues in force; and\n- (d) the body as constituted for the time being is taken to be the delegator for the purposes of this section.\n- (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function or power was delegated ceases to be the officer or the holder of the office; and\n- (b) the function or power may be performed or exercised by the person for the time being occupying or acting in the office concerned.","sortOrder":70},{"sectionNumber":"sec.27B","sectionType":"section","heading":"Content of statement of reasons for decision","content":"### sec.27B Content of statement of reasons for decision\n\nIf an Act requires a tribunal, authority, body or person making a decision to give written reasons for the decision (whether the expression ‘reasons’, ‘grounds’ or another expression is used), the instrument giving the reasons must also—\nset out the findings on material questions of fact; and\nrefer to the evidence or other material on which those findings were based.\ns 27B ins 1991 No. 100 s 61 (2)\nhdg prec s 28 om 1991 No. 97 s 3 sch 1\n- (a) set out the findings on material questions of fact; and\n- (b) refer to the evidence or other material on which those findings were based.","sortOrder":71},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 amd 1991 No. 30 s 3 sch s 1 – 2\nsub 1991 No. 97 s 3 sch 1\nom 1992 No. 22 s 48 sch 3","sortOrder":72},{"sectionNumber":"sec.28AA","sectionType":"section","heading":null,"content":"### Section sec.28AA\n\ns 28AA ins 1991 No. 30 s 24\namd 1991 No. 97 s 3 sch 1\nom 1992 No. 22 s 48 sch 3","sortOrder":73},{"sectionNumber":"sec.28AB","sectionType":"section","heading":null,"content":"### Section sec.28AB\n\ns 28AB ins 1991 No. 97 s 3 sch 1\nom 1992 No. 22 s 48 sch 3","sortOrder":74},{"sectionNumber":"sec.28AC","sectionType":"section","heading":null,"content":"### Section sec.28AC\n\ns 28AC ins 1991 No. 97 s 3 sch 1\nom 1992 No. 22 s 48 sch 3","sortOrder":75},{"sectionNumber":"sec.28A","sectionType":"section","heading":null,"content":"### Section sec.28A\n\ns 28A ins 1971 No. 43 s 4\namd 1977 No. 37 s 4 ; 1977 No. 47 s 3 (6) sch 1 pt F; 1991 No. 30 s 3 sch 1 ; 1991 No. 97 s 3 sch 1\nom 1992 No. 22 s 48 sch 3","sortOrder":76},{"sectionNumber":"sec.29","sectionType":"section","heading":"Legislative Assembly’s resolutions to be interpreted not to exceed authority","content":"### sec.29 Legislative Assembly’s resolutions to be interpreted not to exceed authority\n\nA resolution of the Legislative Assembly, or a committee of the Legislative Assembly, made under an Act is to be interpreted as operating—\nto the full extent of, but not to exceed, the Legislative Assembly’s constitutional powers; and\nsubject to the Act ; and\ndistributively.\nWithout limiting subsection (1) , if part of a resolution would, apart from this section, be interpreted as exceeding authority—\nthe resolution is valid to the extent to which it does not exceed authority; and\nthe remainder of the resolution is not affected.\nWithout limiting subsection (1) , if the application of part of a resolution to a person, matter or circumstance would, apart from this section, be interpreted as exceeding authority, the part’s application to other persons, matters or circumstances is not affected.\nThis section applies to an Act in addition to, and without limiting, any provision of the Act .\ns 29 amd 1991 No. 30 s 3 sch 1\nsub 1993 No. 32 s 3 sch 1\n(sec.29-ssec.1) A resolution of the Legislative Assembly, or a committee of the Legislative Assembly, made under an Act is to be interpreted as operating— to the full extent of, but not to exceed, the Legislative Assembly’s constitutional powers; and subject to the Act ; and distributively.\n(sec.29-ssec.2) Without limiting subsection (1) , if part of a resolution would, apart from this section, be interpreted as exceeding authority— the resolution is valid to the extent to which it does not exceed authority; and the remainder of the resolution is not affected.\n(sec.29-ssec.3) Without limiting subsection (1) , if the application of part of a resolution to a person, matter or circumstance would, apart from this section, be interpreted as exceeding authority, the part’s application to other persons, matters or circumstances is not affected.\n(sec.29-ssec.4) This section applies to an Act in addition to, and without limiting, any provision of the Act .\n- (a) to the full extent of, but not to exceed, the Legislative Assembly’s constitutional powers; and\n- (b) subject to the Act ; and\n- (c) distributively.\n- (a) the resolution is valid to the extent to which it does not exceed authority; and\n- (b) the remainder of the resolution is not affected.","sortOrder":77},{"sectionNumber":"sec.29A","sectionType":"section","heading":null,"content":"### Section sec.29A\n\ns 29A ins 1989 No. 28 s 3\nsub 1995 No. 24 s 3\nom 2001 No. 81 s 127","sortOrder":78},{"sectionNumber":"sec.29B","sectionType":"section","heading":"Working out number of sitting days","content":"### sec.29B Working out number of sitting days\n\nIn working out a particular number of sitting days of the Legislative Assembly, it does not matter whether the days are within the same or different Parliaments or within different sessions of Parliament.\ns 29B ins 1992 No. 22 s 48 sch 3\nsub 1994 No. 83 s 13\nhdg prec s 30 om 1991 No. 97 s 3 sch 1","sortOrder":79},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 amd 1991 No. 30 s 3 sch 1\nom 1991 No. 97 s 3 sch 1\nhdg prec s 31 om 1991 No. 97 s 3 sch 1","sortOrder":80},{"sectionNumber":"pt.8","sectionType":"part","heading":"Terms and references in Acts","content":"# Terms and references in Acts","sortOrder":81},{"sectionNumber":"sec.32","sectionType":"section","heading":"Defined terms—other parts of speech and grammatical forms","content":"### sec.32 Defined terms—other parts of speech and grammatical forms\n\nIf an Act defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\ns 32 sub 1991 No. 30 s 25","sortOrder":82},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Definitions to be read in context","content":"### sec.32A Definitions to be read in context\n\nDefinitions in or applicable to an Act apply except so far as the context or subject matter otherwise indicates or requires.\ns 32A ins 1991 No. 30 s 26","sortOrder":83},{"sectionNumber":"sec.32AA","sectionType":"section","heading":"Definitions generally apply to entire Act","content":"### sec.32AA Definitions generally apply to entire Act\n\nA definition in or applying to an Act applies to the entire Act.\ns 32AA ins 1995 No. 58 s 4 sch 1","sortOrder":84},{"sectionNumber":"sec.32AB","sectionType":"section","heading":"Terms defined both in this Act and another Act","content":"### sec.32AB Terms defined both in this Act and another Act\n\nIf—\na word or expression is defined non-exhaustively for the purposes of an Act other than this Act (the non-exhaustive definition ); and\nthe word or expression is also defined in this Act (the Interpretation Act definition );\nthen, for the purposes of the first Act—\nthe non-exhaustive definition does not exclude or limit, but may extend, the meaning of the word or expression given by the Interpretation Act definition; and\nthe non-exhaustive and Interpretation Act definitions are to be read in the context of each other and the other provisions of the first Act, but, if the definitions so read are inconsistent, the Interpretation Act definition is displaced.\ns 32AB (prev s 32AA) ins 1993 No. 32 s 3 sch 1\namd 1994 No. 87 s 3 sch 1\nrenum 1995 No. 58 s 4 sch 1\n- (a) a word or expression is defined non-exhaustively for the purposes of an Act other than this Act (the non-exhaustive definition ); and\n- (b) the word or expression is also defined in this Act (the Interpretation Act definition );\n- (c) the non-exhaustive definition does not exclude or limit, but may extend, the meaning of the word or expression given by the Interpretation Act definition; and\n- (d) the non-exhaustive and Interpretation Act definitions are to be read in the context of each other and the other provisions of the first Act, but, if the definitions so read are inconsistent, the Interpretation Act definition is displaced.","sortOrder":85},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Gender","content":"### sec.32B Gender\n\nIn an Act, words indicating a gender include each other gender.\ns 32B ins 1991 No. 30 s 26","sortOrder":86},{"sectionNumber":"sec.32C","sectionType":"section","heading":"Number","content":"### sec.32C Number\n\nIn an Act—\nwords in the singular include the plural; and\nwords in the plural include the singular.\ns 32C ins 1991 No. 30 s 26\n- (a) words in the singular include the plural; and\n- (b) words in the plural include the singular.","sortOrder":87},{"sectionNumber":"sec.32CA","sectionType":"section","heading":"Meaning of may and must etc.","content":"### sec.32CA Meaning of may and must etc.\n\nIn an Act, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\nIn an Act, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\nTo remove any doubt, it is declared that this section applies to an Act passed after 1 January 1992 despite any presumption or rule of interpretation.\ns 32CA ins 1991 No. 97 s 3 sch 1\namd 1994 No. 87 s 3 sch 1\n(sec.32CA-ssec.1) In an Act, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\n(sec.32CA-ssec.2) In an Act, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\n(sec.32CA-ssec.3) To remove any doubt, it is declared that this section applies to an Act passed after 1 January 1992 despite any presumption or rule of interpretation.","sortOrder":88},{"sectionNumber":"sec.32CB","sectionType":"section","heading":"Words and expressions used in amending Acts","content":"### sec.32CB Words and expressions used in amending Acts\n\nWords and expressions used in an Act that amends another law have the same meanings as they have in the other law.\nSubsection (1) does not limit section 22 (Act and amending Acts to be read as one).\ns 32CB ins 1991 No. 97 s 3 sch 1\namd 1993 No. 32 s 3 sch 1\n(sec.32CB-ssec.1) Words and expressions used in an Act that amends another law have the same meanings as they have in the other law.\n(sec.32CB-ssec.2) Subsection (1) does not limit section 22 (Act and amending Acts to be read as one).","sortOrder":89},{"sectionNumber":"sec.32CC","sectionType":"section","heading":"Words and expressions used in statutory instruments","content":"### sec.32CC Words and expressions used in statutory instruments\n\ns 32CC ins 1991 No. 97 s 3 sch 1\nom 1992 No. 22 s 48 sch 3","sortOrder":90},{"sectionNumber":"sec.32D","sectionType":"section","heading":"References to persons generally","content":"### sec.32D References to persons generally\n\nIn an Act, a reference to a person generally includes a reference to a corporation as well as an individual.\nSubsection (1) is not displaced merely because there is an express reference to either an individual or a corporation elsewhere in the Act .\nanother\nanyone\nno-one\none\nparty\nperson\nsomeone\nwhoever\nbody corporate\ncompany\ncorporation sole\nadult\nchild\nspouse\ns 32D ins 1991 No. 30 s 26\namd 1991 No. 97 s 3 sch 1\nsub 1993 No. 76 s 3 sch 1\namd 1994 No. 15 s 3 sch 1\n(sec.32D-ssec.1) In an Act, a reference to a person generally includes a reference to a corporation as well as an individual.\n(sec.32D-ssec.2) Subsection (1) is not displaced merely because there is an express reference to either an individual or a corporation elsewhere in the Act . another anyone no-one one party person someone whoever body corporate company corporation sole adult child spouse\n- another\n- anyone\n- no-one\n- one\n- party\n- person\n- someone\n- whoever\n- body corporate\n- company\n- corporation sole\n- adult\n- child\n- spouse","sortOrder":91},{"sectionNumber":"sec.32DA","sectionType":"section","heading":"Meaning of de facto partner","content":"### sec.32DA Meaning of de facto partner\n\nIn an Act, a reference to a de facto partner is a reference to either 1 of 2 persons who are living together as a couple on a genuine domestic basis but who are not married to each other or related by family.\nIn deciding whether 2 persons are living together as a couple on a genuine domestic basis, any of their circumstances may be taken into account, including, for example, any of the following circumstances—\nthe nature and extent of their common residence;\nthe length of their relationship;\nwhether or not a sexual relationship exists or existed;\nthe degree of financial dependence or interdependence, and any arrangement for financial support;\ntheir ownership, use and acquisition of property;\nthe degree of mutual commitment to a shared life, including the care and support of each other;\nthe care and support of children;\nthe performance of household tasks;\nthe reputation and public aspects of their relationship.\nNo particular finding in relation to any circumstance is to be regarded as necessary in deciding whether 2 persons are living together as a couple on a genuine domestic basis.\nTwo persons are not to be regarded as living together as a couple on a genuine domestic basis only because they have a common residence.\nFor subsection (1) —\nthe gender of the persons is not relevant; and\na person is related by family to another person if the person and the other person would be within a prohibited relationship within the meaning of the Marriage Act 1961 (Cwlth) , section 23B , if they were parties to a marriage to which that section applies.\nIn an Act enacted before the commencement of this section, a reference to a spouse includes a reference to a de facto partner as defined in this section unless the Act expressly provides to the contrary.\ns 32DA ins 2002 No. 74 s 4\n(sec.32DA-ssec.1) In an Act, a reference to a de facto partner is a reference to either 1 of 2 persons who are living together as a couple on a genuine domestic basis but who are not married to each other or related by family.\n(sec.32DA-ssec.2) In deciding whether 2 persons are living together as a couple on a genuine domestic basis, any of their circumstances may be taken into account, including, for example, any of the following circumstances— the nature and extent of their common residence; the length of their relationship; whether or not a sexual relationship exists or existed; the degree of financial dependence or interdependence, and any arrangement for financial support; their ownership, use and acquisition of property; the degree of mutual commitment to a shared life, including the care and support of each other; the care and support of children; the performance of household tasks; the reputation and public aspects of their relationship.\n(sec.32DA-ssec.3) No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether 2 persons are living together as a couple on a genuine domestic basis.\n(sec.32DA-ssec.4) Two persons are not to be regarded as living together as a couple on a genuine domestic basis only because they have a common residence.\n(sec.32DA-ssec.5) For subsection (1) — the gender of the persons is not relevant; and a person is related by family to another person if the person and the other person would be within a prohibited relationship within the meaning of the Marriage Act 1961 (Cwlth) , section 23B , if they were parties to a marriage to which that section applies.\n(sec.32DA-ssec.6) In an Act enacted before the commencement of this section, a reference to a spouse includes a reference to a de facto partner as defined in this section unless the Act expressly provides to the contrary.\n- (a) the nature and extent of their common residence;\n- (b) the length of their relationship;\n- (c) whether or not a sexual relationship exists or existed;\n- (d) the degree of financial dependence or interdependence, and any arrangement for financial support;\n- (e) their ownership, use and acquisition of property;\n- (f) the degree of mutual commitment to a shared life, including the care and support of each other;\n- (g) the care and support of children;\n- (h) the performance of household tasks;\n- (i) the reputation and public aspects of their relationship.\n- (a) the gender of the persons is not relevant; and\n- (b) a person is related by family to another person if the person and the other person would be within a prohibited relationship within the meaning of the Marriage Act 1961 (Cwlth) , section 23B , if they were parties to a marriage to which that section applies.","sortOrder":92},{"sectionNumber":"sec.32E","sectionType":"section","heading":"Production of records kept in computers etc.","content":"### sec.32E Production of records kept in computers etc.\n\nIf a person who keeps a record of information by way of a mechanical, electronic or other device is required by or under an Act—\nto produce the information or a document containing the information to a court, tribunal or person; or\nto make a document containing the information available for inspection by a court, tribunal or person;\nthen, unless the court, tribunal or person otherwise directs—\nthe requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\nthe production to the court, tribunal or person of the document in that form complies with the requirement.\ns 32E ins 1991 No. 30 s 26\namd 1993 No. 32 s 3 sch 1\n- (a) to produce the information or a document containing the information to a court, tribunal or person; or\n- (b) to make a document containing the information available for inspection by a court, tribunal or person;\n- (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\n- (d) the production to the court, tribunal or person of the document in that form complies with the requirement.","sortOrder":93},{"sectionNumber":"sec.32F","sectionType":"section","heading":"References to commencement","content":"### sec.32F References to commencement\n\nIn an Act, a reference to commencement for an Act or a provision of an Act is a reference to the time the Act or provision comes into operation.\nIn a provision of an Act, a reference to the commencement without indicating a particular Act or provision is a reference to the commencement of the provision in which the reference occurs.\nIf section 24(3) of an Act stated ‘This section expires 1 month after the commencement’, ‘the commencement’ referred to is the commencement of section 24(3) .\ns 32F ins 1994 No. 87 s 3 sch 1\n(sec.32F-ssec.1) In an Act, a reference to commencement for an Act or a provision of an Act is a reference to the time the Act or provision comes into operation.\n(sec.32F-ssec.2) In a provision of an Act, a reference to the commencement without indicating a particular Act or provision is a reference to the commencement of the provision in which the reference occurs. If section 24(3) of an Act stated ‘This section expires 1 month after the commencement’, ‘the commencement’ referred to is the commencement of section 24(3) .","sortOrder":94},{"sectionNumber":"sec.33","sectionType":"section","heading":"References to Ministers","content":"### sec.33 References to Ministers\n\nIn an Act—\na reference to a Minister is a reference to a Minister of the State; and\na reference to a particular Minister by title, or to the Minister without specifying a particular Minister by title, includes a reference to another Minister, or member of the Executive Council, who is acting for the Minister.\nIn a provision of an Act, a reference to the Minister without specifying a particular Minister by title is a reference to—\nthe Minister administering the provision; or\nif, for the time being, different Ministers administer the provision in relation to different matters—\nif only 1 Minister administers the provision in relation to the relevant matter—the Minister; or\nif 2 or more Ministers administer the provision in relation to the relevant matter—any 1 of the Ministers; or\nif paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision—any 1 of the Ministers.\nIf a provision of an Act refers to a Minister and specifies the Minister merely by reference to the fact that the Minister administers a specified Act or enactment, subsection (2) applies as if references in paragraphs (a) to (c) to the provision were references to the specified Act or enactment.\nIf an Act defines the expression ‘Minister’ or ‘the Minister’ for the purposes of the Act or a provision of the Act in a way that does not specify a particular Minister by title, subsections (2) and (3) apply to the provision despite that definition of the expression.\nIn an Act, a reference to a specified Minister who no longer exists—\nis a reference to the Minister specified by notification by the Governor in Council; and\nincludes another Minister, or a member of the Executive Council, who is acting for the specified Minister.\ns 33 amd 1957 6 Eliz 2 No. 18 s 2; 1971 No. 43 s 5 ; 1991 No. 30 ss 27 , 3 sch  2 ; 1993 No. 32 s 3 sch 1 ; 1993 No. 76 s 3 sch 1 ; 1994 No. 15 s 3 sch 1 ; 1994 No. 87 s 3 sch 1 ; 1996 No. 37 s 147 sch 2 ; 2001 No. 80 s 94 sch 2 ; 2008 No. 38 s 252 sch 3 ; 2022 No. 34 s 365 sch 3 ; 2023 No. 23 s 7\n(sec.33-ssec.1) In an Act— a reference to a Minister is a reference to a Minister of the State; and a reference to a particular Minister by title, or to the Minister without specifying a particular Minister by title, includes a reference to another Minister, or member of the Executive Council, who is acting for the Minister.\n(sec.33-ssec.2) In a provision of an Act, a reference to the Minister without specifying a particular Minister by title is a reference to— the Minister administering the provision; or if, for the time being, different Ministers administer the provision in relation to different matters— if only 1 Minister administers the provision in relation to the relevant matter—the Minister; or if 2 or more Ministers administer the provision in relation to the relevant matter—any 1 of the Ministers; or if paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision—any 1 of the Ministers.\n(sec.33-ssec.3) If a provision of an Act refers to a Minister and specifies the Minister merely by reference to the fact that the Minister administers a specified Act or enactment, subsection (2) applies as if references in paragraphs (a) to (c) to the provision were references to the specified Act or enactment.\n(sec.33-ssec.4) If an Act defines the expression ‘Minister’ or ‘the Minister’ for the purposes of the Act or a provision of the Act in a way that does not specify a particular Minister by title, subsections (2) and (3) apply to the provision despite that definition of the expression.\n(sec.33-ssec.5) In an Act, a reference to a specified Minister who no longer exists— is a reference to the Minister specified by notification by the Governor in Council; and includes another Minister, or a member of the Executive Council, who is acting for the specified Minister.\n- (a) a reference to a Minister is a reference to a Minister of the State; and\n- (b) a reference to a particular Minister by title, or to the Minister without specifying a particular Minister by title, includes a reference to another Minister, or member of the Executive Council, who is acting for the Minister.\n- (a) the Minister administering the provision; or\n- (b) if, for the time being, different Ministers administer the provision in relation to different matters— (i) if only 1 Minister administers the provision in relation to the relevant matter—the Minister; or (ii) if 2 or more Ministers administer the provision in relation to the relevant matter—any 1 of the Ministers; or\n- (i) if only 1 Minister administers the provision in relation to the relevant matter—the Minister; or\n- (ii) if 2 or more Ministers administer the provision in relation to the relevant matter—any 1 of the Ministers; or\n- (c) if paragraph (b) does not apply and, for the time being, 2 or more Ministers administer the provision—any 1 of the Ministers.\n- (i) if only 1 Minister administers the provision in relation to the relevant matter—the Minister; or\n- (ii) if 2 or more Ministers administer the provision in relation to the relevant matter—any 1 of the Ministers; or\n- (a) is a reference to the Minister specified by notification by the Governor in Council; and\n- (b) includes another Minister, or a member of the Executive Council, who is acting for the specified Minister.","sortOrder":95},{"sectionNumber":"sec.33AA","sectionType":"section","heading":"References to departments","content":"### sec.33AA References to departments\n\nIn an Act, a reference to a department is a reference to an entity that is a department of government under the Public Sector Act 2022 .\nIn a provision of an Act, a reference to the department without specifying a particular department of government by name is a reference to—\nif, for the time being, different Ministers administer the provision in relation to different matters—the department of government that—\ndeals with the relevant matter; and\nis administered by the Minister or Ministers administering the provision in relation to the matter; or\nin any other case—the department of government that—\ndeals with the matters to which the provision relates; and\nis administered by the Minister or Ministers for the time being administering the provision.\nIn an Act, a reference to a specified department of government that no longer exists is a reference to the department specified by notification by the Governor in Council.\nIf a provision of an Act refers to a department of government and specifies the department by reference to the administration (however described) of a specified Act or enactment, subsection (2) applies as if references in paragraphs (a) and (b) to the provision were references to the specified Act or enactment.\ns 33AA ins 2023 No. 23 s 8\n(1)–(4) reloc from s 33 2023 No. 23 s 7 (5) and renum\n(sec.33AA-ssec.1) In an Act, a reference to a department is a reference to an entity that is a department of government under the Public Sector Act 2022 .\n(sec.33AA-ssec.2) In a provision of an Act, a reference to the department without specifying a particular department of government by name is a reference to— if, for the time being, different Ministers administer the provision in relation to different matters—the department of government that— deals with the relevant matter; and is administered by the Minister or Ministers administering the provision in relation to the matter; or in any other case—the department of government that— deals with the matters to which the provision relates; and is administered by the Minister or Ministers for the time being administering the provision.\n(sec.33AA-ssec.3) In an Act, a reference to a specified department of government that no longer exists is a reference to the department specified by notification by the Governor in Council.\n(sec.33AA-ssec.4) If a provision of an Act refers to a department of government and specifies the department by reference to the administration (however described) of a specified Act or enactment, subsection (2) applies as if references in paragraphs (a) and (b) to the provision were references to the specified Act or enactment.\n- (a) if, for the time being, different Ministers administer the provision in relation to different matters—the department of government that— (i) deals with the relevant matter; and (ii) is administered by the Minister or Ministers administering the provision in relation to the matter; or\n- (i) deals with the relevant matter; and\n- (ii) is administered by the Minister or Ministers administering the provision in relation to the matter; or\n- (b) in any other case—the department of government that— (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister or Ministers for the time being administering the provision.\n- (i) deals with the matters to which the provision relates; and\n- (ii) is administered by the Minister or Ministers for the time being administering the provision.\n- (i) deals with the relevant matter; and\n- (ii) is administered by the Minister or Ministers administering the provision in relation to the matter; or\n- (i) deals with the matters to which the provision relates; and\n- (ii) is administered by the Minister or Ministers for the time being administering the provision.","sortOrder":96},{"sectionNumber":"sec.33AB","sectionType":"section","heading":"References to chief executives","content":"### sec.33AB References to chief executives\n\nIn an Act, a reference to a chief executive is a reference to a chief executive of a public sector unit.\nIn a provision of an Act, a reference to the chief executive without specifying a particular public sector unit by name is a reference to the chief executive of—\nif, for the time being, different Ministers administer the provision in relation to different matters—the public sector unit that—\ndeals with the relevant matter; and\nis administered by the Minister or Ministers administering the provision in relation to the matter; or\nin any other case—the public sector unit that—\ndeals with the matters to which the provision relates; and\nis administered by the Minister or Ministers for the time being administering the provision.\nIf a provision of an Act refers to a chief executive by reference to the administration (however described) of a specified Act or enactment, subsection (2) applies as if references in paragraph (a) or (b) to the provision were references to the specified Act or enactment.\ns 33AB ins 2023 No. 23 s 8\n(1)–(3) reloc from s 33 2023 No. 23 s 7 (6) and renum\n(sec.33AB-ssec.1) In an Act, a reference to a chief executive is a reference to a chief executive of a public sector unit.\n(sec.33AB-ssec.2) In a provision of an Act, a reference to the chief executive without specifying a particular public sector unit by name is a reference to the chief executive of— if, for the time being, different Ministers administer the provision in relation to different matters—the public sector unit that— deals with the relevant matter; and is administered by the Minister or Ministers administering the provision in relation to the matter; or in any other case—the public sector unit that— deals with the matters to which the provision relates; and is administered by the Minister or Ministers for the time being administering the provision.\n(sec.33AB-ssec.3) If a provision of an Act refers to a chief executive by reference to the administration (however described) of a specified Act or enactment, subsection (2) applies as if references in paragraph (a) or (b) to the provision were references to the specified Act or enactment.\n- (a) if, for the time being, different Ministers administer the provision in relation to different matters—the public sector unit that— (i) deals with the relevant matter; and (ii) is administered by the Minister or Ministers administering the provision in relation to the matter; or\n- (i) deals with the relevant matter; and\n- (ii) is administered by the Minister or Ministers administering the provision in relation to the matter; or\n- (b) in any other case—the public sector unit that— (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister or Ministers for the time being administering the provision.\n- (i) deals with the matters to which the provision relates; and\n- (ii) is administered by the Minister or Ministers for the time being administering the provision.\n- (i) deals with the relevant matter; and\n- (ii) is administered by the Minister or Ministers administering the provision in relation to the matter; or\n- (i) deals with the matters to which the provision relates; and\n- (ii) is administered by the Minister or Ministers for the time being administering the provision.","sortOrder":97},{"sectionNumber":"sec.33AC","sectionType":"section","heading":"Provisions administered by 2 or more Ministers","content":"### sec.33AC Provisions administered by 2 or more Ministers\n\nTo remove any doubt, it is declared that if—\na provision of an Act is administered by 2 or more Ministers; and\nunder any of sections 33 to 33AB , the provision authorises or requires anything to be done by or in relation to any 1 of the Ministers;\nthe provision does not authorise or require it to be done in a particular case by or in relation to more than 1 of the Ministers.\ns 33AC ins 2023 No. 23 s 8\nreloc from s 33 2023 No. 23 s 7 (7)\n- (a) a provision of an Act is administered by 2 or more Ministers; and\n- (b) under any of sections 33 to 33AB , the provision authorises or requires anything to be done by or in relation to any 1 of the Ministers;","sortOrder":98},{"sectionNumber":"sec.33A","sectionType":"section","heading":"References to States include Territories","content":"### sec.33A References to States include Territories\n\nIn an Act, a reference to a State (other than a reference to Queensland or a particular State by name) includes a reference to the Australian Capital Territory and the Northern Territory.\n‘A law of a State’ includes a law of the Australian Capital Territory and a law of the Northern Territory.\n‘A law of the Commonwealth or another State’ includes a law of the Australian Capital Territory and a law of the Northern Territory.\nSubsection (1) is not displaced merely because there is an express reference to a Territory elsewhere in the Act .\nThis section applies to an Act (other than this Act) enacted before 1 July 1994 only if the Act includes a definition to the effect that a reference to a State includes a reference to a Territory.\ns 33A ins 1994 No. 15 s 3 sch 1\namd 1995 No. 24 s 4\n(sec.33A-ssec.1) In an Act, a reference to a State (other than a reference to Queensland or a particular State by name) includes a reference to the Australian Capital Territory and the Northern Territory. ‘A law of a State’ includes a law of the Australian Capital Territory and a law of the Northern Territory. ‘A law of the Commonwealth or another State’ includes a law of the Australian Capital Territory and a law of the Northern Territory.\n(sec.33A-ssec.2) Subsection (1) is not displaced merely because there is an express reference to a Territory elsewhere in the Act .\n(sec.33A-ssec.3) This section applies to an Act (other than this Act) enacted before 1 July 1994 only if the Act includes a definition to the effect that a reference to a State includes a reference to a Territory.\n- 1 ‘A law of a State’ includes a law of the Australian Capital Territory and a law of the Northern Territory.\n- 2 ‘A law of the Commonwealth or another State’ includes a law of the Australian Capital Territory and a law of the Northern Territory.","sortOrder":99},{"sectionNumber":"sec.34","sectionType":"section","heading":"References to officers and holders of offices","content":"### sec.34 References to officers and holders of offices\n\nIn an Act, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.\ns 34 sub 1991 No. 30 s 28","sortOrder":100},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Chair titles","content":"### sec.34A Chair titles\n\nIf an Act establishes an office with a chair title (the statutory title ), a person holding the office may choose to be referred to by the statutory title or another chair title (the alternative title ).\nFor performing functions and exercising powers, it is irrelevant that the person holding the office uses the alternative title.\nIn this section—\nchair title means the title of chair, chairperson, chairman or chairwoman or another similar title.\ns 34A ins 2014 No. 39 s 3\n(sec.34A-ssec.1) If an Act establishes an office with a chair title (the statutory title ), a person holding the office may choose to be referred to by the statutory title or another chair title (the alternative title ).\n(sec.34A-ssec.2) For performing functions and exercising powers, it is irrelevant that the person holding the office uses the alternative title.\n(sec.34A-ssec.3) In this section— chair title means the title of chair, chairperson, chairman or chairwoman or another similar title.","sortOrder":101},{"sectionNumber":"sec.34B","sectionType":"section","heading":"Deputy chair titles","content":"### sec.34B Deputy chair titles\n\nIf an Act establishes an office with a deputy chair title (the statutory title ), a person holding the office may choose to be referred to by the statutory title or another deputy chair title (the alternative title ).\nFor performing functions and exercising powers, it is irrelevant that the person holding the office uses the alternative title.\nIn this section—\ndeputy chair title means the title of deputy chair, deputy chairperson, deputy chairman or deputy chairwoman or another similar title.\ns 34B ins 2014 No. 39 s 3\n(sec.34B-ssec.1) If an Act establishes an office with a deputy chair title (the statutory title ), a person holding the office may choose to be referred to by the statutory title or another deputy chair title (the alternative title ).\n(sec.34B-ssec.2) For performing functions and exercising powers, it is irrelevant that the person holding the office uses the alternative title.\n(sec.34B-ssec.3) In this section— deputy chair title means the title of deputy chair, deputy chairperson, deputy chairman or deputy chairwoman or another similar title.","sortOrder":102},{"sectionNumber":"sec.35","sectionType":"section","heading":"References to Queensland to be implied","content":"### sec.35 References to Queensland to be implied\n\nIn an Act—\na reference to an officer, office or entity is a reference to such an officer, office or entity in and for Queensland; and\na reference to a locality, jurisdiction or other thing is a reference to such a locality, jurisdiction or other thing in and of Queensland.\nIn an Act, a reference to an office or entity established by or under an Act need not include the words ‘Queensland’ or ‘of Queensland’ merely because the words form part of its name or title.\ns 35 sub 1991 No. 30 s 29\namd 1992 No. 68 s 3 sch 1 ; 1993 No. 32 s 3 sch 1 ; 1993 No. 76 s 3 sch 1\n(sec.35-ssec.1) In an Act— a reference to an officer, office or entity is a reference to such an officer, office or entity in and for Queensland; and a reference to a locality, jurisdiction or other thing is a reference to such a locality, jurisdiction or other thing in and of Queensland.\n(sec.35-ssec.2) In an Act, a reference to an office or entity established by or under an Act need not include the words ‘Queensland’ or ‘of Queensland’ merely because the words form part of its name or title.\n- (a) a reference to an officer, office or entity is a reference to such an officer, office or entity in and for Queensland; and\n- (b) a reference to a locality, jurisdiction or other thing is a reference to such a locality, jurisdiction or other thing in and of Queensland.","sortOrder":103},{"sectionNumber":"sec.35A","sectionType":"section","heading":"References to person with interest in land includes personal representative etc.","content":"### sec.35A References to person with interest in land includes personal representative etc.\n\nIn an Act, a reference to a person as proprietor, transferor, transferee, mortgagor, mortgagee, lessor, lessee, trustee or as having an interest in land includes a reference to the person’s personal representatives, successors and assigns.\ns 35A prev s 35A ins 1971 No. 43 s 6\nsub 1977 No. 37 s 5 ; 1991 No. 30 s 30\nom 1992 No. 27 s 52\npres s 35A ins 1994 No. 11 s 194 sch 2","sortOrder":104},{"sectionNumber":"sec.35B","sectionType":"section","heading":"References to provisions designated by number without mentioning another Act","content":"### sec.35B References to provisions designated by number without mentioning another Act\n\nIn this section—\nbody of the Act means the Act apart from any preamble, schedule or appendix of the Act .\nprovision unit means—\nthe body of the Act or the preamble, a schedule or appendix of the Act ; or\na chapter, part, division, subdivision, section, subsection, paragraph, subparagraph or sub-subparagraph of the body of the Act or a schedule or appendix of the Act ; or\nanother provision of the body of the Act or a schedule or appendix of the Act ; or\na provision of a preamble of the Act .\nThis section explains the meaning of a reference in an Act (the Act concerned ) to a provision, designated by a number, that does not mention another Act.\n‘ chapter 10 ’\n‘ part 5 , division 4 ’\n‘ section 10 of this Act’\n‘ paragraph (a) of this subsection’\nIf a reference in an Act to a provision also mentions the Act or a larger provision unit of the Act , the reference itself indicates the provision of the Act to which it refers.\nA reference in the body of the Act to ‘ section 10 of this Act’ is a reference to section 10 of the body of the Act concerned.\nA reference in a schedule of an Act to ‘ section 10 of this schedule’ is a reference to section 10 of the schedule where the reference occurs.\nA reference to ‘ paragraph (a) of this subsection’ is a reference to paragraph (a) of the subsection where the reference occurs.\nFor subsection (3) , a reference in a schedule or appendix of an Act to a provision, designated by a number, together with the words ‘of the Act ’ is a reference to the provision, designated by the number, of the body of the Act concerned.\nA reference in a schedule of an Act to ‘ section 10 of the Act ’ is a reference to section 10 of the body of the Act .\nIf—\nthe reference is in the body of an Act; and\nsubsection (4) does not apply to the reference;\nthe reference is a reference to the provision, designated by the number, of the body of the Act or, if there are 2 such provisions, the provision, designated by the number, of the next larger, appropriate provision unit where the reference occurs.\nA reference in the body of an Act to ‘ chapter 10 ’ is a reference to chapter 10 of the body of the Act .\nA reference to ‘ part 1 ’ is a reference to—\nif the body of the Act is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or\nif the body of the Act is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the body of the Act .\nA reference in the body of an Act to ‘ division 2 ’ is a reference to division 2 of the part of the Act where the reference occurs.\nA reference in the body of an Act to ‘ subdivision 3 ’ is a reference to subdivision 3 of the division of the Act where the reference occurs.\nA reference in the body of an Act to ‘ section 10 ’ is a reference to section 10 of the body of the Act .\nA reference in the body of an Act to ‘ subsection (1) ’ is a reference to subsection (1) of the section of the Act where the reference occurs.\nA reference in the body of an Act to ‘ paragraph (a) ’ is a reference to—\nif the section where the reference occurs is divided into subsections— paragraph (a) of the subsection where the reference occurs; or\nif the section where the reference occurs is not divided into subsections— paragraph (a) of the section of the Act where the reference occurs.\nA reference to ‘ subparagraph (i) ’ is a reference to subparagraph (i) of the paragraph where the reference occurs.\nIf—\nthe reference is in the preamble or a schedule or appendix of an Act; and\nsubsection (4) does not apply to the reference; and\nthe reference is a reference to a provision that does not occur in the preamble, schedule or appendix;\nthe reference is a reference to the provision, designated by the number, of the body of the Act .\nA reference in a schedule that is not divided into chapters to ‘ chapter 10 ’ is a reference to chapter 10 in the body of the Act .\nA reference in a dictionary schedule to ‘ section 30 ’ is a reference to section 30 in the body of the Act .\nIf—\nthe reference is in the preamble or a schedule or appendix of an Act; and\nsubsection (4) does not apply to the reference; and\nthe reference is a reference to a provision that does occur in the preamble, schedule or appendix;\nthe reference is a reference to the provision designated by the number, of the schedule, appendix or preamble or, if there are 2 such provisions, the provision, designated by the number, of the next larger, appropriate provision unit where the reference occurs.\nA reference in a schedule divided into parts to ‘ part 1 ’ is a reference to—\nif the schedule is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or\nif the schedule is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the schedule.\nA reference in a schedule divided into sections to ‘ section 10 ’ is a reference to section 10 of the schedule.\nA reference in a schedule divided into a single series of items to ‘item 5’ is a reference to item 5 of the schedule.\nA reference in a schedule divided into 2 or more series of items to ‘item 5’ is a reference to item 5 of the series in which the reference occurs.\ns 35B ins 1991 No. 30 s 31\namd 1992 No. 22 s 48 sch 3\nsub 1993 No. 32 s 3 sch 1 ; 1994 No. 87 s 3 sch 1 ; 1995 No. 58 s 4 sch 1\n(sec.35B-ssec.1) In this section— body of the Act means the Act apart from any preamble, schedule or appendix of the Act . provision unit means— the body of the Act or the preamble, a schedule or appendix of the Act ; or a chapter, part, division, subdivision, section, subsection, paragraph, subparagraph or sub-subparagraph of the body of the Act or a schedule or appendix of the Act ; or another provision of the body of the Act or a schedule or appendix of the Act ; or a provision of a preamble of the Act .\n(sec.35B-ssec.2) This section explains the meaning of a reference in an Act (the Act concerned ) to a provision, designated by a number, that does not mention another Act. ‘ chapter 10 ’ ‘ part 5 , division 4 ’ ‘ section 10 of this Act’ ‘ paragraph (a) of this subsection’\n(sec.35B-ssec.3) If a reference in an Act to a provision also mentions the Act or a larger provision unit of the Act , the reference itself indicates the provision of the Act to which it refers. A reference in the body of the Act to ‘ section 10 of this Act’ is a reference to section 10 of the body of the Act concerned. A reference in a schedule of an Act to ‘ section 10 of this schedule’ is a reference to section 10 of the schedule where the reference occurs. A reference to ‘ paragraph (a) of this subsection’ is a reference to paragraph (a) of the subsection where the reference occurs.\n(sec.35B-ssec.4) For subsection (3) , a reference in a schedule or appendix of an Act to a provision, designated by a number, together with the words ‘of the Act ’ is a reference to the provision, designated by the number, of the body of the Act concerned. A reference in a schedule of an Act to ‘ section 10 of the Act ’ is a reference to section 10 of the body of the Act .\n(sec.35B-ssec.5) If— the reference is in the body of an Act; and subsection (4) does not apply to the reference; the reference is a reference to the provision, designated by the number, of the body of the Act or, if there are 2 such provisions, the provision, designated by the number, of the next larger, appropriate provision unit where the reference occurs. A reference in the body of an Act to ‘ chapter 10 ’ is a reference to chapter 10 of the body of the Act . A reference to ‘ part 1 ’ is a reference to— if the body of the Act is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or if the body of the Act is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the body of the Act . A reference in the body of an Act to ‘ division 2 ’ is a reference to division 2 of the part of the Act where the reference occurs. A reference in the body of an Act to ‘ subdivision 3 ’ is a reference to subdivision 3 of the division of the Act where the reference occurs. A reference in the body of an Act to ‘ section 10 ’ is a reference to section 10 of the body of the Act . A reference in the body of an Act to ‘ subsection (1) ’ is a reference to subsection (1) of the section of the Act where the reference occurs. A reference in the body of an Act to ‘ paragraph (a) ’ is a reference to— if the section where the reference occurs is divided into subsections— paragraph (a) of the subsection where the reference occurs; or if the section where the reference occurs is not divided into subsections— paragraph (a) of the section of the Act where the reference occurs. A reference to ‘ subparagraph (i) ’ is a reference to subparagraph (i) of the paragraph where the reference occurs.\n(sec.35B-ssec.6) If— the reference is in the preamble or a schedule or appendix of an Act; and subsection (4) does not apply to the reference; and the reference is a reference to a provision that does not occur in the preamble, schedule or appendix; the reference is a reference to the provision, designated by the number, of the body of the Act . A reference in a schedule that is not divided into chapters to ‘ chapter 10 ’ is a reference to chapter 10 in the body of the Act . A reference in a dictionary schedule to ‘ section 30 ’ is a reference to section 30 in the body of the Act .\n(sec.35B-ssec.7) If— the reference is in the preamble or a schedule or appendix of an Act; and subsection (4) does not apply to the reference; and the reference is a reference to a provision that does occur in the preamble, schedule or appendix; the reference is a reference to the provision designated by the number, of the schedule, appendix or preamble or, if there are 2 such provisions, the provision, designated by the number, of the next larger, appropriate provision unit where the reference occurs. A reference in a schedule divided into parts to ‘ part 1 ’ is a reference to— if the schedule is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or if the schedule is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the schedule. A reference in a schedule divided into sections to ‘ section 10 ’ is a reference to section 10 of the schedule. A reference in a schedule divided into a single series of items to ‘item 5’ is a reference to item 5 of the schedule. A reference in a schedule divided into 2 or more series of items to ‘item 5’ is a reference to item 5 of the series in which the reference occurs.\n- (a) the body of the Act or the preamble, a schedule or appendix of the Act ; or\n- (b) a chapter, part, division, subdivision, section, subsection, paragraph, subparagraph or sub-subparagraph of the body of the Act or a schedule or appendix of the Act ; or\n- (c) another provision of the body of the Act or a schedule or appendix of the Act ; or\n- (d) a provision of a preamble of the Act .\n- 1 ‘ chapter 10 ’\n- 2 ‘ part 5 , division 4 ’\n- 3 ‘ section 10 of this Act’\n- 4 ‘ paragraph (a) of this subsection’\n- 1 A reference in the body of the Act to ‘ section 10 of this Act’ is a reference to section 10 of the body of the Act concerned.\n- 2 A reference in a schedule of an Act to ‘ section 10 of this schedule’ is a reference to section 10 of the schedule where the reference occurs.\n- 3 A reference to ‘ paragraph (a) of this subsection’ is a reference to paragraph (a) of the subsection where the reference occurs.\n- (a) the reference is in the body of an Act; and\n- (b) subsection (4) does not apply to the reference;\n- 1 A reference in the body of an Act to ‘ chapter 10 ’ is a reference to chapter 10 of the body of the Act .\n- 2 A reference to ‘ part 1 ’ is a reference to— (a) if the body of the Act is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or (b) if the body of the Act is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the body of the Act .\n- (a) if the body of the Act is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or\n- (b) if the body of the Act is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the body of the Act .\n- 3 A reference in the body of an Act to ‘ division 2 ’ is a reference to division 2 of the part of the Act where the reference occurs.\n- 4 A reference in the body of an Act to ‘ subdivision 3 ’ is a reference to subdivision 3 of the division of the Act where the reference occurs.\n- 5 A reference in the body of an Act to ‘ section 10 ’ is a reference to section 10 of the body of the Act .\n- 6 A reference in the body of an Act to ‘ subsection (1) ’ is a reference to subsection (1) of the section of the Act where the reference occurs.\n- 7 A reference in the body of an Act to ‘ paragraph (a) ’ is a reference to— (a) if the section where the reference occurs is divided into subsections— paragraph (a) of the subsection where the reference occurs; or (b) if the section where the reference occurs is not divided into subsections— paragraph (a) of the section of the Act where the reference occurs.\n- (a) if the section where the reference occurs is divided into subsections— paragraph (a) of the subsection where the reference occurs; or\n- (b) if the section where the reference occurs is not divided into subsections— paragraph (a) of the section of the Act where the reference occurs.\n- 8 A reference to ‘ subparagraph (i) ’ is a reference to subparagraph (i) of the paragraph where the reference occurs.\n- (a) if the body of the Act is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or\n- (b) if the body of the Act is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the body of the Act .\n- (a) if the section where the reference occurs is divided into subsections— paragraph (a) of the subsection where the reference occurs; or\n- (b) if the section where the reference occurs is not divided into subsections— paragraph (a) of the section of the Act where the reference occurs.\n- (a) the reference is in the preamble or a schedule or appendix of an Act; and\n- (b) subsection (4) does not apply to the reference; and\n- (c) the reference is a reference to a provision that does not occur in the preamble, schedule or appendix;\n- 1 A reference in a schedule that is not divided into chapters to ‘ chapter 10 ’ is a reference to chapter 10 in the body of the Act .\n- 2 A reference in a dictionary schedule to ‘ section 30 ’ is a reference to section 30 in the body of the Act .\n- (a) the reference is in the preamble or a schedule or appendix of an Act; and\n- (b) subsection (4) does not apply to the reference; and\n- (c) the reference is a reference to a provision that does occur in the preamble, schedule or appendix;\n- 1 A reference in a schedule divided into parts to ‘ part 1 ’ is a reference to— (a) if the schedule is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or (b) if the schedule is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the schedule.\n- (a) if the schedule is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or\n- (b) if the schedule is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the schedule.\n- 2 A reference in a schedule divided into sections to ‘ section 10 ’ is a reference to section 10 of the schedule.\n- 3 A reference in a schedule divided into a single series of items to ‘item 5’ is a reference to item 5 of the schedule.\n- 4 A reference in a schedule divided into 2 or more series of items to ‘item 5’ is a reference to item 5 of the series in which the reference occurs.\n- (a) if the schedule is divided into chapters (that is, at least 2 of the chapters are further divided into parts)— part 1 of the chapter where the reference occurs; or\n- (b) if the schedule is not divided into chapters (that is, there is only 1 part 1 )— part 1 of the schedule.","sortOrder":105},{"sectionNumber":"sec.35BA","sectionType":"section","heading":null,"content":"### Section sec.35BA\n\ns 35BA ins 1991 No. 97 s 3 sch 1\nom 1992 No. 27 s 53","sortOrder":106},{"sectionNumber":"sec.35BB","sectionType":"section","heading":null,"content":"### Section sec.35BB\n\ns 35BB ins 1991 No. 97 s 3 sch 1\nom 1992 No. 27 s 54","sortOrder":107},{"sectionNumber":"sec.35C","sectionType":"section","heading":"Headings part of provision etc.","content":"### sec.35C Headings part of provision etc.\n\nThe heading to a chapter, part, division, subdivision, section, subsection, schedule or another provision of an Act forms part of the provision to which it is a heading.\nAn example of the operation of a provision of an Act at the end of the provision is part of the provision unless the example relates to a different provision.\nThis example forms part of subsection (2) and an amendment omitting subsection (2) would omit this example.\nA note to a provision of an Act at the end of the provision is part of the provision unless the note relates to a different provision.\nA penalty at the end of a subsection of an Act—\nis part of the subsection unless the penalty relates to other subsections of the section; or\nin any other case—is part of the section.\nA penalty at the end of a section of an Act that is not divided into subsections is part of the section.\nThe word ‘and’, ‘or’ or ‘but’, or a similar word, at the end of a paragraph, subparagraph, sub-subparagraph or another provision of an Act forms part of the provision concerned.\nThe word ‘and’, ‘or’ or ‘but’, or a similar word, between paragraphs, subparagraphs, sub-subparagraphs or other provisions of an Act forms part of the first of the provisions.\nA provision reference associated with a heading to a schedule is part of the heading.\nThe provision referred to is the authorising provision or another provision relevant to the schedule.\ns 35C ins 1991 No. 30 s 31\namd 1993 No. 32 s 3 sch 1 ; 1994 No. 87 s 3 sch 1 ; 2005 No. 70 s 13 ; 2010 No. 42 s 5\n(sec.35C-ssec.1) The heading to a chapter, part, division, subdivision, section, subsection, schedule or another provision of an Act forms part of the provision to which it is a heading.\n(sec.35C-ssec.2) An example of the operation of a provision of an Act at the end of the provision is part of the provision unless the example relates to a different provision. This example forms part of subsection (2) and an amendment omitting subsection (2) would omit this example.\n(sec.35C-ssec.3) A note to a provision of an Act at the end of the provision is part of the provision unless the note relates to a different provision.\n(sec.35C-ssec.4) A penalty at the end of a subsection of an Act— is part of the subsection unless the penalty relates to other subsections of the section; or in any other case—is part of the section.\n(sec.35C-ssec.5) A penalty at the end of a section of an Act that is not divided into subsections is part of the section.\n(sec.35C-ssec.6) The word ‘and’, ‘or’ or ‘but’, or a similar word, at the end of a paragraph, subparagraph, sub-subparagraph or another provision of an Act forms part of the provision concerned.\n(sec.35C-ssec.7) The word ‘and’, ‘or’ or ‘but’, or a similar word, between paragraphs, subparagraphs, sub-subparagraphs or other provisions of an Act forms part of the first of the provisions.\n(sec.35C-ssec.8) A provision reference associated with a heading to a schedule is part of the heading. The provision referred to is the authorising provision or another provision relevant to the schedule.\n- (a) is part of the subsection unless the penalty relates to other subsections of the section; or\n- (b) in any other case—is part of the section.","sortOrder":108},{"sectionNumber":"sec.35CA","sectionType":"section","heading":"References to items at the end of a provision","content":"### sec.35CA References to items at the end of a provision\n\nIn an Act, a penalty, example or note ( end item ) is taken to be at the end of a provision even if there is another end item also at the end of the provision.\ns 35CA ins 2005 No. 70 s 14","sortOrder":109},{"sectionNumber":"sec.35D","sectionType":"section","heading":"Reference to provisions of a law is inclusive","content":"### sec.35D Reference to provisions of a law is inclusive\n\nIn an Act, a reference to a part of a law (including the Act ) is a reference to the following—\nthe provision of the law that forms the beginning of the part;\nthe provision of the law that forms the end of the part;\nany provision of the law between the beginning and end of the part.\nA reference to ‘ sections 5 to 9 ’ includes both section 5 and section 9 . It is not necessary to refer to ‘ sections 5 to 9 (both inclusive)’ to ensure that the reference is given an inclusive interpretation.\nA reference to ‘ sections 260 to 264 ’ includes a provision such as a part heading between sections 260 and 261 .\ns 35D ins 1991 No. 97 s 3 sch 1\nsub 1993 No. 32 s 3 sch 1\n- (a) the provision of the law that forms the beginning of the part;\n- (b) the provision of the law that forms the end of the part;\n- (c) any provision of the law between the beginning and end of the part.","sortOrder":110},{"sectionNumber":"sec.35E","sectionType":"section","heading":"Instrument made under the Act","content":"### sec.35E Instrument made under the Act\n\nIn an Act, a reference to a type of statutory instrument is a reference to an instrument of that type made or in force under the Act in which the reference is used.\nThe word ‘by-law’ means a by-law made under the Act in which the word is used.\ns 35E ins 1992 No. 22 s 48 sch 3","sortOrder":111},{"sectionNumber":"sec.36","sectionType":"section","heading":"Meaning of commonly used words and expressions","content":"### sec.36 Meaning of commonly used words and expressions\n\nIn an Act, a term defined in schedule 1 has the meaning stated in that schedule.\nIn an Act, a reference to schedule 1 of this Act includes, if the context permits, a reference to this section.\ns 36 amd 2013 No. 39 s 49 (3) – (4)\nNote—s 36 contained definitions for this Act. Definitions are now located in schedule 1 (Dictionary). Annotations for definitions contained in s 36 are located in annotations for sch 1.\n(sec.36-ssec.1) In an Act, a term defined in schedule 1 has the meaning stated in that schedule.\n(sec.36-ssec.2) In an Act, a reference to schedule 1 of this Act includes, if the context permits, a reference to this section.","sortOrder":112},{"sectionNumber":"pt.9","sectionType":"part","heading":"Distance, time and age","content":"# Distance, time and age","sortOrder":113},{"sectionNumber":"sec.37","sectionType":"section","heading":"Measurement of distance","content":"### sec.37 Measurement of distance\n\nIn applying a pre-2023 provision, distance is to be measured along the shortest road ordinarily used for travelling unless there is a contrary intention that distance is to be measured in a straight line on a horizontal plane or in another way.\nIn applying a post-2023 provision, distance is to be measured in a straight line on a horizontal plane.\nIn this section—\npost-2023 provision means a provision enacted after the commencement of the Justice and Other Legislation Amendment Act 2023 , section 9 .\npre-2023 provision means a provision other than a post-2023 provision.\nprovision means a provision of an Act.\ns 37 sub 1993 No. 32 s 3 sch 1\namd 2023 No. 23 s 9\n(sec.37-ssec.1) In applying a pre-2023 provision, distance is to be measured along the shortest road ordinarily used for travelling unless there is a contrary intention that distance is to be measured in a straight line on a horizontal plane or in another way.\n(sec.37-ssec.2) In applying a post-2023 provision, distance is to be measured in a straight line on a horizontal plane.\n(sec.37-ssec.3) In this section— post-2023 provision means a provision enacted after the commencement of the Justice and Other Legislation Amendment Act 2023 , section 9 . pre-2023 provision means a provision other than a post-2023 provision. provision means a provision of an Act.","sortOrder":114},{"sectionNumber":"sec.38","sectionType":"section","heading":"Reckoning of time","content":"### sec.38 Reckoning of time\n\nIf a period beginning on a given day, act or event is provided or allowed for a purpose by an Act, the period is to be calculated by excluding the day, or the day of the act or event, and—\nif the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\nin any other case—by including the day on which the purpose is to be fulfilled.\nIf the time, or last day of a period, calculated forwards that is provided or allowed by an Act for doing anything falls on an excluded day, the time, or last day, is taken to fall on the next day later that is not an excluded day.\nIf the time, or earliest day of a period, calculated backwards that is provided or allowed by an Act for doing anything falls on an excluded day, the time, or earliest day, is taken to fall on the next day earlier that is not an excluded day.\nIf no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the relevant occasion happens.\nIn this section—\nexcluded day —\nfor filing or registering a document—means a day on which the office is closed where the filing or registration must or may be done; or\notherwise—means a day that is not a business day in the place in which the thing must or may be done.\ns 38 sub 1991 No. 97 s 3 sch 1\namd 1993 No. 32 s 3 sch 1 ; 2000 No. 58 s 2 sch\n(sec.38-ssec.1) If a period beginning on a given day, act or event is provided or allowed for a purpose by an Act, the period is to be calculated by excluding the day, or the day of the act or event, and— if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and in any other case—by including the day on which the purpose is to be fulfilled.\n(sec.38-ssec.2) If the time, or last day of a period, calculated forwards that is provided or allowed by an Act for doing anything falls on an excluded day, the time, or last day, is taken to fall on the next day later that is not an excluded day.\n(sec.38-ssec.3) If the time, or earliest day of a period, calculated backwards that is provided or allowed by an Act for doing anything falls on an excluded day, the time, or earliest day, is taken to fall on the next day earlier that is not an excluded day.\n(sec.38-ssec.4) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the relevant occasion happens.\n(sec.38-ssec.5) In this section— excluded day — for filing or registering a document—means a day on which the office is closed where the filing or registration must or may be done; or otherwise—means a day that is not a business day in the place in which the thing must or may be done.\n- (a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\n- (b) in any other case—by including the day on which the purpose is to be fulfilled.\n- (a) for filing or registering a document—means a day on which the office is closed where the filing or registration must or may be done; or\n- (b) otherwise—means a day that is not a business day in the place in which the thing must or may be done.","sortOrder":115},{"sectionNumber":"sec.38A","sectionType":"section","heading":"Age","content":"### sec.38A Age\n\nFor the purposes of an Act, a person is an age in years at the beginning of the person’s birthday for the age.\ns 38A ins 1991 No. 30 s 33\nsub 1993 No. 32 s 3 sch 1\namd 1993 No. 76 s 3 sch 1","sortOrder":116},{"sectionNumber":"pt.10","sectionType":"part","heading":"Service of documents","content":"# Service of documents","sortOrder":117},{"sectionNumber":"sec.39","sectionType":"section","heading":"Service of documents","content":"### sec.39 Service of documents\n\nIf an Act requires or permits a document to be served on a person, the document may be served—\non an individual—\nby delivering it to the person personally; or\nby leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the place of residence or business of the person last known to the person serving the document; or\non a body corporate—by leaving it at, or sending it by post, telex, facsimile or similar facility to, the head office, a registered office or a principal office of the body corporate.\nSubsection (1) applies whether the expression ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used.\nNothing in subsection (1) —\naffects the operation of another law that authorises the service of a document otherwise than as provided in the subsection; or\naffects the power of a court or tribunal to authorise service of a document otherwise than as provided in the subsection.\ns 39 amd 1960 9 Eliz 2 No. 14 s 2\nsub 1991 No. 30 s 34\namd 1993 No. 32 s 3 sch 1 ; 1993 No. 76 s 3 sch 1\n(sec.39-ssec.1) If an Act requires or permits a document to be served on a person, the document may be served— on an individual— by delivering it to the person personally; or by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the place of residence or business of the person last known to the person serving the document; or on a body corporate—by leaving it at, or sending it by post, telex, facsimile or similar facility to, the head office, a registered office or a principal office of the body corporate.\n(sec.39-ssec.2) Subsection (1) applies whether the expression ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used.\n(sec.39-ssec.3) Nothing in subsection (1) — affects the operation of another law that authorises the service of a document otherwise than as provided in the subsection; or affects the power of a court or tribunal to authorise service of a document otherwise than as provided in the subsection.\n- (a) on an individual— (i) by delivering it to the person personally; or (ii) by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the place of residence or business of the person last known to the person serving the document; or\n- (i) by delivering it to the person personally; or\n- (ii) by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the place of residence or business of the person last known to the person serving the document; or\n- (b) on a body corporate—by leaving it at, or sending it by post, telex, facsimile or similar facility to, the head office, a registered office or a principal office of the body corporate.\n- (i) by delivering it to the person personally; or\n- (ii) by leaving it at, or by sending it by post, telex, facsimile or similar facility to, the address of the place of residence or business of the person last known to the person serving the document; or\n- (a) affects the operation of another law that authorises the service of a document otherwise than as provided in the subsection; or\n- (b) affects the power of a court or tribunal to authorise service of a document otherwise than as provided in the subsection.","sortOrder":118},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Meaning of service by post etc.","content":"### sec.39A Meaning of service by post etc.\n\nIf an Act requires or permits a document to be served by post, service—\nmay be effected by properly addressing, prepaying and posting the document as a letter; and\nis taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.\nIf an Act requires or permits a document to be served by a particular postal method, the requirement or permission is taken to be satisfied if the document is posted by that method or, if that method is not available, by the equivalent, or nearest equivalent, method provided for the time being by Australia Post.\nSubsections (1) and (2) apply whether the expression ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used.\ns 39A ins 1991 No. 30 s 35\namd 1993 No. 76 s 3 sch 1 ; 1996 No. 76 s 3 ; 2020 No. 15 s 4\nhdg prec s 40 om 1991 No. 97 s 3 sch 1\n(sec.39A-ssec.1) If an Act requires or permits a document to be served by post, service— may be effected by properly addressing, prepaying and posting the document as a letter; and is taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.\n(sec.39A-ssec.2) If an Act requires or permits a document to be served by a particular postal method, the requirement or permission is taken to be satisfied if the document is posted by that method or, if that method is not available, by the equivalent, or nearest equivalent, method provided for the time being by Australia Post.\n(sec.39A-ssec.3) Subsections (1) and (2) apply whether the expression ‘deliver’, ‘give’, ‘notify’, ‘send’ or ‘serve’ or another expression is used.\n- (a) may be effected by properly addressing, prepaying and posting the document as a letter; and\n- (b) is taken to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.","sortOrder":119},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 amd 1991 No. 30 s 3 sch 1\nom 1991 No. 97 s 3 sch 1","sortOrder":120},{"sectionNumber":"pt.11","sectionType":"part","heading":"Offences and criminal proceedings","content":"# Offences and criminal proceedings","sortOrder":121},{"sectionNumber":"sec.41","sectionType":"section","heading":"Penalty at end of provision","content":"### sec.41 Penalty at end of provision\n\nIn an Act, a penalty specified at the end of—\na section (whether or not the section is divided into subsections); or\na subsection (but not at the end of a section); or\na section or subsection and expressed in such a way as to indicate that it applies only to part of the section or subsection;\nindicates that an offence mentioned in the section, subsection or part is punishable on conviction (whether or not a conviction is recorded) or, if no offence is mentioned, a contravention of the section, subsection or part constitutes an offence against the provision that is punishable on conviction (whether or not a conviction is recorded)—\nif a minimum as well as a maximum penalty is specified—by a penalty not less than the minimum and not more than the maximum; or\nin any other case—by a penalty not more than the specified penalty.\ns 41 amd 1977 No. 37 s 6 ; 1988 No. 88 s 3 sch 1 ; 1991 No. 30 s 3 sch s 1 – 2\nsub 1991 No. 97 s 3 sch 1\namd 1993 No. 76 s 3 sch 1\n- (a) a section (whether or not the section is divided into subsections); or\n- (b) a subsection (but not at the end of a section); or\n- (c) a section or subsection and expressed in such a way as to indicate that it applies only to part of the section or subsection;\n- (d) if a minimum as well as a maximum penalty is specified—by a penalty not less than the minimum and not more than the maximum; or\n- (e) in any other case—by a penalty not more than the specified penalty.","sortOrder":122},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Penalty other than at end of provision","content":"### sec.41A Penalty other than at end of provision\n\nIn an Act, a penalty specified for an offence, or a contravention of a provision, indicates that the offence is punishable on conviction (whether or not a conviction is recorded), or the contravention constitutes an offence against the provision that is punishable on conviction (whether or not a conviction is recorded)—\nif a minimum as well as a maximum penalty is specified—by a penalty not less than the minimum and not more than the maximum; or\nin any other case—by a penalty not more than the specified penalty.\nThis section does not apply to a penalty to which section 41 applies.\ns 41A ins 1991 No. 97 s 3 sch 1\namd 1993 No. 76 s 3 sch 1\n(sec.41A-ssec.1) In an Act, a penalty specified for an offence, or a contravention of a provision, indicates that the offence is punishable on conviction (whether or not a conviction is recorded), or the contravention constitutes an offence against the provision that is punishable on conviction (whether or not a conviction is recorded)— if a minimum as well as a maximum penalty is specified—by a penalty not less than the minimum and not more than the maximum; or in any other case—by a penalty not more than the specified penalty.\n(sec.41A-ssec.2) This section does not apply to a penalty to which section 41 applies.\n- (a) if a minimum as well as a maximum penalty is specified—by a penalty not less than the minimum and not more than the maximum; or\n- (b) in any other case—by a penalty not more than the specified penalty.","sortOrder":123},{"sectionNumber":"sec.42","sectionType":"section","heading":"Any person may prosecute etc.","content":"### sec.42 Any person may prosecute etc.\n\nAny person may take a proceeding for the imposition or enforcement of a penalty, or the making of a forfeiture order, under an Act.\ns 42 sub 1993 No. 32 s 3 sch 1\namd 1993 No. 76 s 3 sch 1","sortOrder":124},{"sectionNumber":"sec.43","sectionType":"section","heading":"Appropriation of penalties","content":"### sec.43 Appropriation of penalties\n\nThe following rules apply to an amount recovered because of the imposition of a penalty or the making of a forfeiture order—\nany part of the amount that is ordered under subsection (2) to be paid to the party prosecuting must first be paid to the party;\nthe remaining part of the amount must then be paid to the consolidated fund.\nThe court that imposes the penalty, or makes the forfeiture order, may order that not more than half of the amount recovered be paid to the party prosecuting.\nSubsection (2) does not apply if the party prosecuting is prosecuting as an officer or employee of the State or an officer of the public service.\ns 43 sub 1993 No. 32 s 3 sch 1\nhdg prec s 44 om 1991 No. 97 s 3 sch 1\n(sec.43-ssec.1) The following rules apply to an amount recovered because of the imposition of a penalty or the making of a forfeiture order— any part of the amount that is ordered under subsection (2) to be paid to the party prosecuting must first be paid to the party; the remaining part of the amount must then be paid to the consolidated fund.\n(sec.43-ssec.2) The court that imposes the penalty, or makes the forfeiture order, may order that not more than half of the amount recovered be paid to the party prosecuting.\n(sec.43-ssec.3) Subsection (2) does not apply if the party prosecuting is prosecuting as an officer or employee of the State or an officer of the public service.\n- (a) any part of the amount that is ordered under subsection (2) to be paid to the party prosecuting must first be paid to the party;\n- (b) the remaining part of the amount must then be paid to the consolidated fund.","sortOrder":125},{"sectionNumber":"sec.44","sectionType":"section","heading":"Summary proceedings","content":"### sec.44 Summary proceedings\n\nIn an Act, a provision of the type mentioned in subsection (2) means that a proceeding for an offence, or a specified offence, against the Act is a summary proceeding under the Justices Act 1886 .\nSubsection (1) applies to provisions of the following type—\na provision to the effect that a proceeding for the offence is to be heard and decided summarily;\na provision to the effect that a proceeding for the offence is to be heard and decided by or before justices or a magistrate;\na provision to the effect that the offence is a summary offence or is punishable on summary conviction or summarily;\na provision for an offence that does not expressly or impliedly make the offence an indictable offence.\nIn an Act, a provision that provides that another type of proceeding is to be heard and decided summarily, or before justices or a magistrate, means that the proceeding is a summary proceeding under the Justices Act 1886 .\nA provision providing for the imposition of a penalty or the making of a forfeiture order, without providing how the penalty is to be recovered or the order made, is taken to mean that the penalty may be recovered, or the order made, under the Justices Act 1886 .\ns 44 amd 1985 No. 73 s 13 (1) ; 1991 No. 30 s 3 sch 1\nsub 1993 No. 32 s 3 sch 1\nhdg prec s 45 om 1991 No. 97 s 3 sch 1\n(sec.44-ssec.1) In an Act, a provision of the type mentioned in subsection (2) means that a proceeding for an offence, or a specified offence, against the Act is a summary proceeding under the Justices Act 1886 .\n(sec.44-ssec.2) Subsection (1) applies to provisions of the following type— a provision to the effect that a proceeding for the offence is to be heard and decided summarily; a provision to the effect that a proceeding for the offence is to be heard and decided by or before justices or a magistrate; a provision to the effect that the offence is a summary offence or is punishable on summary conviction or summarily; a provision for an offence that does not expressly or impliedly make the offence an indictable offence.\n(sec.44-ssec.3) In an Act, a provision that provides that another type of proceeding is to be heard and decided summarily, or before justices or a magistrate, means that the proceeding is a summary proceeding under the Justices Act 1886 .\n(sec.44-ssec.4) A provision providing for the imposition of a penalty or the making of a forfeiture order, without providing how the penalty is to be recovered or the order made, is taken to mean that the penalty may be recovered, or the order made, under the Justices Act 1886 .\n- (a) a provision to the effect that a proceeding for the offence is to be heard and decided summarily;\n- (b) a provision to the effect that a proceeding for the offence is to be heard and decided by or before justices or a magistrate;\n- (c) a provision to the effect that the offence is a summary offence or is punishable on summary conviction or summarily;\n- (d) a provision for an offence that does not expressly or impliedly make the offence an indictable offence.","sortOrder":126},{"sectionNumber":"sec.45","sectionType":"section","heading":"Offence punishable only once","content":"### sec.45 Offence punishable only once\n\nIf an act or omission is an offence under each of 2 or more laws, the offender may be prosecuted and punished under any of the laws, but the offender may not be punished more than once for the same offence.\nSubsection (1) applies to a law unless an Act otherwise expressly provides.\nIn this section—\nlaw includes the common law.\ns 45 sub 1993 No. 32 s 3 sch 1\nhdg prec s 46 om 1991 No. 97 s 3 sch 1\n(sec.45-ssec.1) If an act or omission is an offence under each of 2 or more laws, the offender may be prosecuted and punished under any of the laws, but the offender may not be punished more than once for the same offence.\n(sec.45-ssec.2) Subsection (1) applies to a law unless an Act otherwise expressly provides.\n(sec.45-ssec.3) In this section— law includes the common law.","sortOrder":127},{"sectionNumber":"sec.46","sectionType":"section","heading":"Bodies corporate","content":"### sec.46 Bodies corporate\n\nA provision of an Act relating to offences punishable on indictment or summary conviction applies to bodies corporate as well as individuals.\ns 46 amd 1991 No. 30 s 3 sch 1\nsub 1992 No. 48 s 207 sch","sortOrder":128},{"sectionNumber":"pt.12","sectionType":"part","heading":"Application of particular State laws to coastal waters","content":"# Application of particular State laws to coastal waters","sortOrder":129},{"sectionNumber":"sec.47","sectionType":"section","heading":"Definitions for pt 12","content":"### sec.47 Definitions for pt 12\n\nIn this part—\ncooperative scheme means the cooperative scheme as defined under the Crimes at Sea Act 2001 , section 3 .\ncriminal laws means the substantive criminal law, and the law of criminal investigation, procedure and evidence, within the meaning of the cooperative scheme.\nlaws of the State means the laws, whether written or unwritten and whether substantive or procedural, that are from time to time in force in the State, but does not include—\nlaws of the Commonwealth; or\ncriminal laws.\ns 47 orig s 47 amd 1991 No. 30 s 36 ; 1991 No. 97 s 3 sch 1\nom 1992 No. 27 s 56\nprev s 47 ins 1994 No. 73 s 3\nom 2001 No. 80 s 94 sch 2\npres s 47 ins 2010 No. 42 s 6\n- (a) laws of the Commonwealth; or\n- (b) criminal laws.","sortOrder":130},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Application of laws of the State to coastal waters","content":"### sec.47A Application of laws of the State to coastal waters\n\nThe laws of the State apply in and in relation to—\nthe coastal waters of the State; and\nthe seabed and subsoil beneath, and the airspace above, the coastal waters of the State;\nas if the coastal waters of the State, as extending from time to time, were within the limits of the State.\ns 47A orig s 47A ins 1991 No. 30 s 37\namd 1991 No. 97 s 3 sch 1\nom 1992 No. 27 s 56\nprev s 47A ins 1994 No. 73 s 3\nom 2001 No. 80 s 94 sch 2\npres s 47A ins 2010 No. 42 s 6\n- (a) the coastal waters of the State; and\n- (b) the seabed and subsoil beneath, and the airspace above, the coastal waters of the State;","sortOrder":131},{"sectionNumber":"sec.47B","sectionType":"section","heading":"Laws with specific application not to apply","content":"### sec.47B Laws with specific application not to apply\n\nNothing in this part makes a provision of the laws of the State applicable in or in relation to a particular place—\nto the extent the provision is incapable of applying in or in relation to that place; or\nif those laws expressly provide that the provision does not extend or apply in or in relation to that place; or\nif those laws expressly provide that the provision applies only in a stated locality in the State that does not include that place.\nA provision of the laws of the State is not to be taken to be a provision to which subsection (1) applies merely because it is limited in its application to acts, matters and things within Queensland waters, coastal waters or the adjacent area, however described, of the State.\ns 47B orig s 47B ins 1991 No. 30 s 37\namd 1991 No. 97 s 3 sch 1\nom 1992 No. 27 s 56\nprev s 47B ins 1994 No. 73 s 3\nom 2001 No. 80 s 94 sch 2\npres s 47B ins 2010 No. 42 s 6\n(sec.47B-ssec.1) Nothing in this part makes a provision of the laws of the State applicable in or in relation to a particular place— to the extent the provision is incapable of applying in or in relation to that place; or if those laws expressly provide that the provision does not extend or apply in or in relation to that place; or if those laws expressly provide that the provision applies only in a stated locality in the State that does not include that place.\n(sec.47B-ssec.2) A provision of the laws of the State is not to be taken to be a provision to which subsection (1) applies merely because it is limited in its application to acts, matters and things within Queensland waters, coastal waters or the adjacent area, however described, of the State.\n- (a) to the extent the provision is incapable of applying in or in relation to that place; or\n- (b) if those laws expressly provide that the provision does not extend or apply in or in relation to that place; or\n- (c) if those laws expressly provide that the provision applies only in a stated locality in the State that does not include that place.","sortOrder":132},{"sectionNumber":"sec.47C","sectionType":"section","heading":"Extent of jurisdiction in relation to coastal waters","content":"### sec.47C Extent of jurisdiction in relation to coastal waters\n\nA person who has a function or power conferred on the person under a law for the purposes of or in connection with a provision of the laws of the State has and may perform the function for the purposes of or in connection with that provision, as applying because of this part, as if the coastal waters of the State, as extending from time to time, were within the limits of the State.\nAll courts of the State are invested with jurisdiction in all matters arising under the provisions of the laws of the State, as applying because of this part, as if the coastal waters of the State, as extending from time to time, were within the limits of the State.\ns 47C orig s 47C ins 1991 No. 30 s 37\namd 1991 No. 97 s 3 sch 1\nom 1992 No. 27 s 56\nprev s 47C ins 1994 No. 73 s 3\namd 1999 No. 29 s 50 sch\nom 2001 No. 80 s 94 sch 2\npres s 47C ins 2010 No. 42 s 6\n(sec.47C-ssec.1) A person who has a function or power conferred on the person under a law for the purposes of or in connection with a provision of the laws of the State has and may perform the function for the purposes of or in connection with that provision, as applying because of this part, as if the coastal waters of the State, as extending from time to time, were within the limits of the State.\n(sec.47C-ssec.2) All courts of the State are invested with jurisdiction in all matters arising under the provisions of the laws of the State, as applying because of this part, as if the coastal waters of the State, as extending from time to time, were within the limits of the State.","sortOrder":133},{"sectionNumber":"sec.47D","sectionType":"section","heading":"Constitutional basis","content":"### sec.47D Constitutional basis\n\nIn addition to any other power under which the provisions of this part may be enacted, the provisions of this part are enacted under the legislative power of Parliament as extended by the Coastal Waters (State Powers) Act 1980 (Cwlth) , section 5 and the Coastal Waters (State Title) Act 1980 (Cwlth) , section 4 .\ns 47D orig s 47D ins 1991 No. 30 s 37\namd 1991 No. 97 s 3 sch 1\nom 1992 No. 27 s 56\nprev s 47D ins 1994 No. 73 s 3\nom 2001 No. 80 s 94 sch 2\npres s 47D ins 2010 No. 42 s 6","sortOrder":134},{"sectionNumber":"sec.47E","sectionType":"section","heading":"Saving","content":"### sec.47E Saving\n\nNothing in this part limits any law, other than this part, that provides for the application of the laws of the State, or any part of those laws, beyond the limits of the State.\nSome Acts have special application provisions, for example, the following—\nFisheries Act 1994 , section 11\nOffshore Minerals Act 1998 , section 16\nPetroleum Act 1923 , section 7A\nPetroleum (Submerged Lands) Act 1982 , section 14 .\ns 47E orig s 47E ins 1991 No. 30 s 37\nom 1992 No. 27 s 56\nprev s 47E ins 1994 No. 73 s 3\nom 2001 No. 80 s 94 sch 2\npres s 47E ins 2010 No. 42 s 6\n- • Fisheries Act 1994 , section 11\n- • Offshore Minerals Act 1998 , section 16\n- • Petroleum Act 1923 , section 7A\n- • Petroleum (Submerged Lands) Act 1982 , section 14 .","sortOrder":135},{"sectionNumber":"sec.47F","sectionType":"section","heading":null,"content":"### Section sec.47F\n\ns 47F orig s 47F ins 1991 No. 30 s 37\namd 1991 No. 97 s 3 sch 1\nom 1992 No. 27 s 56\nprev s 47F ins 1995 No. 58 s 4 sch 1\nom 2001 No. 80 s 94 sch 2","sortOrder":136},{"sectionNumber":"sec.47G","sectionType":"section","heading":null,"content":"### Section sec.47G\n\ns 47G ins 1991 No. 30 s 37\nom 1992 No. 27 s 56","sortOrder":137},{"sectionNumber":"pt.12A","sectionType":"part","heading":"Forms","content":"# Forms","sortOrder":138},{"sectionNumber":"sec.48","sectionType":"section","heading":"Forms—notification and availability","content":"### sec.48 Forms—notification and availability\n\nThis section applies if under an Act (the authorising law ) forms are to be approved or made available by an entity.\nA form under the authorising law must have a heading stating the name of the authorising law and briefly indicating the form’s purpose.\nAll forms under the authorising law must be numbered using a system that gives each form a unique number.\nForms may be numbered consecutively starting with the number 1.\nForms may be numbered to reflect the provisions of the Act to which they relate.\nAll versions of a form under the authorising law must be numbered consecutively using a system that gives each version of the form a unique number.\nThe approval or availability under the authorising law of a form, or a new version of a form, must be notified in the gazette or on a relevant website.\nSubsection (5) may be complied with by—\npublishing in the gazette or on a relevant website or a website (a related website ) accessible through the relevant website—\nthe form or the new version; or\na notice stating—\nthe approval or availability of the form or the new version; and\nthe heading, number and version number of the form or the new version; and\na place or places where copies of the form or the new version are available; and\nif the form or the new version, or the notice, is published on a relevant website or a related website—stating on the website the date on which it is first published.\nOn the day the approval or availability of the form is notified or as soon as practicable after the day, copies of the form must be available (for purchase or free of charge) at the place, or each of the places, stated in the notice.\nFailure to comply with this section does not affect a form’s validity.\nIn this section—\nrelevant department , in relation to an entity that approves or makes available forms under an authorising law, means the department in which the authorising law is administered.\nrelevant website means—\nfor publication in relation to a form, or a new version of a form, approved or made available by a local government—the local government’s website; or\nfor publication in relation to a form, or a new version of a form, approved or made available by another entity—\nthe whole-of-government website; or\nthe entity’s website; or\nif the entity does not have a website—\nthe relevant department’s website; or\na website identified on the relevant department’s website as a website for this purpose.\nwhole-of-government website means—\nwww.qld.gov.au; or\nanother website prescribed by regulation.\ns 48 prev s 48 reloc to 1867 31 Vic No. 12 s 42 1995 No. 24 s 6\npres s 48 (prev 1992 No. 22 s 58 ) ins 1994 No. 83 s 4\namd 2013 No. 39 s 105 (1) – (2)\nrenum and reloc 2013 No. 39 s 105 (3)\namd 2017 No. 17 s 6 ; 2020 No. 15 s 5\n(sec.48-ssec.1) This section applies if under an Act (the authorising law ) forms are to be approved or made available by an entity.\n(sec.48-ssec.2) A form under the authorising law must have a heading stating the name of the authorising law and briefly indicating the form’s purpose.\n(sec.48-ssec.3) All forms under the authorising law must be numbered using a system that gives each form a unique number. Forms may be numbered consecutively starting with the number 1. Forms may be numbered to reflect the provisions of the Act to which they relate.\n(sec.48-ssec.4) All versions of a form under the authorising law must be numbered consecutively using a system that gives each version of the form a unique number.\n(sec.48-ssec.5) The approval or availability under the authorising law of a form, or a new version of a form, must be notified in the gazette or on a relevant website.\n(sec.48-ssec.6) Subsection (5) may be complied with by— publishing in the gazette or on a relevant website or a website (a related website ) accessible through the relevant website— the form or the new version; or a notice stating— the approval or availability of the form or the new version; and the heading, number and version number of the form or the new version; and a place or places where copies of the form or the new version are available; and if the form or the new version, or the notice, is published on a relevant website or a related website—stating on the website the date on which it is first published.\n(sec.48-ssec.7) On the day the approval or availability of the form is notified or as soon as practicable after the day, copies of the form must be available (for purchase or free of charge) at the place, or each of the places, stated in the notice.\n(sec.48-ssec.8) Failure to comply with this section does not affect a form’s validity.\n(sec.48-ssec.9) In this section— relevant department , in relation to an entity that approves or makes available forms under an authorising law, means the department in which the authorising law is administered. relevant website means— for publication in relation to a form, or a new version of a form, approved or made available by a local government—the local government’s website; or for publication in relation to a form, or a new version of a form, approved or made available by another entity— the whole-of-government website; or the entity’s website; or if the entity does not have a website— the relevant department’s website; or a website identified on the relevant department’s website as a website for this purpose. whole-of-government website means— www.qld.gov.au; or another website prescribed by regulation.\n- 1 Forms may be numbered consecutively starting with the number 1.\n- 2 Forms may be numbered to reflect the provisions of the Act to which they relate.\n- (a) publishing in the gazette or on a relevant website or a website (a related website ) accessible through the relevant website— (i) the form or the new version; or (ii) a notice stating— (A) the approval or availability of the form or the new version; and (B) the heading, number and version number of the form or the new version; and (C) a place or places where copies of the form or the new version are available; and\n- (i) the form or the new version; or\n- (ii) a notice stating— (A) the approval or availability of the form or the new version; and (B) the heading, number and version number of the form or the new version; and (C) a place or places where copies of the form or the new version are available; and\n- (A) the approval or availability of the form or the new version; and\n- (B) the heading, number and version number of the form or the new version; and\n- (C) a place or places where copies of the form or the new version are available; and\n- (b) if the form or the new version, or the notice, is published on a relevant website or a related website—stating on the website the date on which it is first published.\n- (i) the form or the new version; or\n- (ii) a notice stating— (A) the approval or availability of the form or the new version; and (B) the heading, number and version number of the form or the new version; and (C) a place or places where copies of the form or the new version are available; and\n- (A) the approval or availability of the form or the new version; and\n- (B) the heading, number and version number of the form or the new version; and\n- (C) a place or places where copies of the form or the new version are available; and\n- (A) the approval or availability of the form or the new version; and\n- (B) the heading, number and version number of the form or the new version; and\n- (C) a place or places where copies of the form or the new version are available; and\n- (a) for publication in relation to a form, or a new version of a form, approved or made available by a local government—the local government’s website; or\n- (b) for publication in relation to a form, or a new version of a form, approved or made available by another entity— (i) the whole-of-government website; or (ii) the entity’s website; or (iii) if the entity does not have a website— (A) the relevant department’s website; or (B) a website identified on the relevant department’s website as a website for this purpose.\n- (i) the whole-of-government website; or\n- (ii) the entity’s website; or\n- (iii) if the entity does not have a website— (A) the relevant department’s website; or (B) a website identified on the relevant department’s website as a website for this purpose.\n- (A) the relevant department’s website; or\n- (B) a website identified on the relevant department’s website as a website for this purpose.\n- (i) the whole-of-government website; or\n- (ii) the entity’s website; or\n- (iii) if the entity does not have a website— (A) the relevant department’s website; or (B) a website identified on the relevant department’s website as a website for this purpose.\n- (A) the relevant department’s website; or\n- (B) a website identified on the relevant department’s website as a website for this purpose.\n- (A) the relevant department’s website; or\n- (B) a website identified on the relevant department’s website as a website for this purpose.\n- (a) www.qld.gov.au; or\n- (b) another website prescribed by regulation.","sortOrder":139},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Compliance with forms","content":"### sec.48A Compliance with forms\n\nIf a form is prescribed or approved under an Act, strict compliance with the form is not necessary and substantial compliance is sufficient.\nIf a form prescribed or approved under an Act requires—\nthe form to be completed in a specified way; or\nspecified information or documents to be included in, attached to or given with the form; or\nthe form, or information or documents included in, attached to or given with the form, to be verified in a specified way;\nthe form is not properly completed unless the requirement is complied with.\nIf—\na form ( form 1 ) may be prescribed or approved under an Act for a purpose or 2 or more purposes; and\nanother form ( form 2 ) may be prescribed or approved under the Act or another Act for the same or another purpose or purposes;\nthen, if separate forms 1 and 2 are prescribed or approved, a combined form 1 and 2 may be prescribed or approved and used for the purpose or all the purposes.\nIf a form may be prescribed or approved under an Act for a purpose or 2 or more purposes, the form may only require information or documents to be included in, attached to or given with the form that are reasonably necessary for the purpose or 1 or more of the purposes.\nA prescribed or approved form may not require the provision of personal information irrelevant to a purpose for which the form is required.\nA prescribed or approved form may not require the provision of personal information that has some relevance to a purpose for which the form is required, but is excessively intrusive to personal privacy.\ns 48A (prev s 49) sub 1991 No. 97 s 3 sch 1\namd 1992 No. 22 s 48 sch 3 ; 1992 No. 68 s 3 sch 1 ; 1993 No. 32 s 3 sch 1 ; 1993 No. 76 s 3 sch 1 ; 2013 No. 39 s 52\nrenum and reloc 2013 No. 39 s 52 (4)\n(sec.48A-ssec.1) If a form is prescribed or approved under an Act, strict compliance with the form is not necessary and substantial compliance is sufficient.\n(sec.48A-ssec.2) If a form prescribed or approved under an Act requires— the form to be completed in a specified way; or specified information or documents to be included in, attached to or given with the form; or the form, or information or documents included in, attached to or given with the form, to be verified in a specified way; the form is not properly completed unless the requirement is complied with.\n(sec.48A-ssec.3) If— a form ( form 1 ) may be prescribed or approved under an Act for a purpose or 2 or more purposes; and another form ( form 2 ) may be prescribed or approved under the Act or another Act for the same or another purpose or purposes; then, if separate forms 1 and 2 are prescribed or approved, a combined form 1 and 2 may be prescribed or approved and used for the purpose or all the purposes.\n(sec.48A-ssec.4) If a form may be prescribed or approved under an Act for a purpose or 2 or more purposes, the form may only require information or documents to be included in, attached to or given with the form that are reasonably necessary for the purpose or 1 or more of the purposes. A prescribed or approved form may not require the provision of personal information irrelevant to a purpose for which the form is required. A prescribed or approved form may not require the provision of personal information that has some relevance to a purpose for which the form is required, but is excessively intrusive to personal privacy.\n- (a) the form to be completed in a specified way; or\n- (b) specified information or documents to be included in, attached to or given with the form; or\n- (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way;\n- (a) a form ( form 1 ) may be prescribed or approved under an Act for a purpose or 2 or more purposes; and\n- (b) another form ( form 2 ) may be prescribed or approved under the Act or another Act for the same or another purpose or purposes;","sortOrder":140},{"sectionNumber":"pt.12B","sectionType":"part","heading":"Fee units","content":"# Fee units","sortOrder":141},{"sectionNumber":"sec.48B","sectionType":"section","heading":"Value of fee unit","content":"### sec.48B Value of fee unit\n\nA regulation may prescribe a monetary amount to be the value of a fee unit.\nThe amount prescribed may include a fraction of a cent.\nThe amount of $1.015 may be prescribed.\nWithout limiting the Statutory Instruments Act 1992 , section 25 , a regulation may prescribe different amounts for different Acts.\nThe value of a fee unit for an Act is—\nthe amount prescribed under this section; or\nif no amount is prescribed—$1.\ns 48B ins 2021 No. 12 s 150\n(sec.48B-ssec.1) A regulation may prescribe a monetary amount to be the value of a fee unit.\n(sec.48B-ssec.2) The amount prescribed may include a fraction of a cent. The amount of $1.015 may be prescribed.\n(sec.48B-ssec.3) Without limiting the Statutory Instruments Act 1992 , section 25 , a regulation may prescribe different amounts for different Acts.\n(sec.48B-ssec.4) The value of a fee unit for an Act is— the amount prescribed under this section; or if no amount is prescribed—$1.\n- (a) the amount prescribed under this section; or\n- (b) if no amount is prescribed—$1.","sortOrder":142},{"sectionNumber":"sec.48C","sectionType":"section","heading":"Working out amounts","content":"### sec.48C Working out amounts\n\nAn Act may express a fee or other matter as a number (whether whole or fractional) of fee units.\nThe Act may also provide for how an amount is to be rounded for the purpose of subsection (3) .\nThe amount of the fee or other matter is the number of dollars obtained by—\nmultiplying the value of a fee unit for the Act by the number of fee units; and\nrounding the result—\nif the Act provides for how the result is to be rounded—in that way; or\notherwise—to the nearest cent (rounding one-half upwards).\nA regulation under section 48B prescribes $1.015 to be the value of a fee unit for an Act. The Act provides for a licence fee of 120.44 fee units and does not provide for how amounts are to be rounded for the purpose of this subsection. The number of dollars obtained by multiplying $1.015 by 120.44 is $122.2466. So, after rounding, the amount of the licence fee is $122.25.\ns 48C ins 2021 No. 12 s 150\n(sec.48C-ssec.1) An Act may express a fee or other matter as a number (whether whole or fractional) of fee units.\n(sec.48C-ssec.2) The Act may also provide for how an amount is to be rounded for the purpose of subsection (3) .\n(sec.48C-ssec.3) The amount of the fee or other matter is the number of dollars obtained by— multiplying the value of a fee unit for the Act by the number of fee units; and rounding the result— if the Act provides for how the result is to be rounded—in that way; or otherwise—to the nearest cent (rounding one-half upwards). A regulation under section 48B prescribes $1.015 to be the value of a fee unit for an Act. The Act provides for a licence fee of 120.44 fee units and does not provide for how amounts are to be rounded for the purpose of this subsection. The number of dollars obtained by multiplying $1.015 by 120.44 is $122.2466. So, after rounding, the amount of the licence fee is $122.25.\n- (a) multiplying the value of a fee unit for the Act by the number of fee units; and\n- (b) rounding the result— (i) if the Act provides for how the result is to be rounded—in that way; or (ii) otherwise—to the nearest cent (rounding one-half upwards).\n- (i) if the Act provides for how the result is to be rounded—in that way; or\n- (ii) otherwise—to the nearest cent (rounding one-half upwards).\n- (i) if the Act provides for how the result is to be rounded—in that way; or\n- (ii) otherwise—to the nearest cent (rounding one-half upwards).","sortOrder":143},{"sectionNumber":"pt.13","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":144},{"sectionNumber":"sec.49","sectionType":"section","heading":"Verification of documents","content":"### sec.49 Verification of documents\n\nIf an Act requires that, for a purpose of the Act or another law, a document, or information or a document included in, attached to or given with a document, be verified in a specified way, the purpose is not fulfilled unless the requirement is satisfied.\nIf an Act requires a document accompanying an application form to be verified by statutory declaration and the document is lodged without being verified in this way, the document has not been properly lodged for the purposes of the Act .\ns 49 (prev s 48A) ins 1993 No. 32 s 3 sch 1\nrenum 2013 No. 39 s 51\nhdg prec s 49A ins 1991 No. 30 s 38\nom 1991 No. 97 s 3 sch 1","sortOrder":145},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Jurisdiction of courts and tribunals","content":"### sec.49A Jurisdiction of courts and tribunals\n\nIf a provision of an Act, whether expressly or by implication, authorises a proceeding to be instituted in a particular court or tribunal in relation to a matter, the provision is taken to confer jurisdiction in the matter on the court or tribunal.\ns 49A ins 1991 No. 30 s 38\nhdg prec s 50 om 1991 No. 30 s 3 sch 2","sortOrder":146},{"sectionNumber":"sec.50","sectionType":"section","heading":"Making or amendment of subordinate legislation by an Act","content":"### sec.50 Making or amendment of subordinate legislation by an Act\n\nThe making or amendment of subordinate legislation by an Act does not affect—\nthe power of the empowered entity for the subordinate legislation to amend or further amend the subordinate legislation or to repeal it; or\nfor subordinate legislation required under a law to be approved by another entity—the power of the other entity to approve, or to disapprove, an amendment or further amendment of the subordinate legislation or the repeal of it.\nIn this section—\napprove means approve, confirm or otherwise consent to.\ndisapprove means disapprove or otherwise disallow.\nempowered entity , for subordinate legislation, means the entity empowered under a law to make the subordinate legislation.\ns 50 prev s 50 sub 1991 No. 30 s 39\nom 1995 No. 58 s 4 sch 1\npres s 50 ins 2013 No. 39 s 53\n(sec.50-ssec.1) The making or amendment of subordinate legislation by an Act does not affect— the power of the empowered entity for the subordinate legislation to amend or further amend the subordinate legislation or to repeal it; or for subordinate legislation required under a law to be approved by another entity—the power of the other entity to approve, or to disapprove, an amendment or further amendment of the subordinate legislation or the repeal of it.\n(sec.50-ssec.2) In this section— approve means approve, confirm or otherwise consent to. disapprove means disapprove or otherwise disallow. empowered entity , for subordinate legislation, means the entity empowered under a law to make the subordinate legislation.\n- (a) the power of the empowered entity for the subordinate legislation to amend or further amend the subordinate legislation or to repeal it; or\n- (b) for subordinate legislation required under a law to be approved by another entity—the power of the other entity to approve, or to disapprove, an amendment or further amendment of the subordinate legislation or the repeal of it.","sortOrder":147},{"sectionNumber":"sec.51","sectionType":"section","heading":"Judges of Supreme Court","content":"### sec.51 Judges of Supreme Court\n\ns 51 amd 1991 No. 30 s 3 sch 1 ; 1991 No. 68 s 111 sch 2\nom 1995 No. 58 s 4 sch 1","sortOrder":148},{"sectionNumber":"sec.51A","sectionType":"section","heading":"References to Acts Shortening Act 1867","content":"### sec.51A References to Acts Shortening Act 1867\n\nIn an Act or document, a reference to the Acts Shortening Act or Acts Shortening Act 1867 may, if the context permits, be taken to be a reference to this Act.\ns 51A ins 1995 No. 58 s 4 sch 1","sortOrder":149},{"sectionNumber":"sec.52","sectionType":"section","heading":"References to the Crown etc.","content":"### sec.52 References to the Crown etc.\n\nIn every Act—\nreference to the Sovereign reigning at the time of the passing of such Act, or to ‘Her Majesty’, ‘His Majesty’, ‘the Queen’, ‘the King’, or ‘the Crown’, shall be construed as references to the Sovereign for the time being, and, where necessary, shall include the heirs and successors of such Queen or King; and\nreferences to any style or titles appertaining to the Crown at the time of the passing of such Act, shall be construed as references to the style and titles appertaining to the Crown for the time being adopted, with the assent of the Parliament of the Commonwealth of Australia, by the Sovereign for the time being for use in relation to the Commonwealth of Australia and its Territories.\ns 52 prev s 52 om 1970 No. 10 s 3 (1) (b)\npres s 52 (prev s 31) amd 1991 No. 30 s 3 sch 1\nrenum 1991 No. 97 s 3 sch 1\namd 1992 No. 22 s 48 sch 3 ; 1992 No. 27 s 57 ; 1995 No. 24 s 7 (1)\n(1) and (2) reloc to 1867 31 Vic No. 12 s 5A(1) and (2) 1995 No. 24 s 7 (2)\n- (a) reference to the Sovereign reigning at the time of the passing of such Act, or to ‘Her Majesty’, ‘His Majesty’, ‘the Queen’, ‘the King’, or ‘the Crown’, shall be construed as references to the Sovereign for the time being, and, where necessary, shall include the heirs and successors of such Queen or King; and\n- (b) references to any style or titles appertaining to the Crown at the time of the passing of such Act, shall be construed as references to the style and titles appertaining to the Crown for the time being adopted, with the assent of the Parliament of the Commonwealth of Australia, by the Sovereign for the time being for use in relation to the Commonwealth of Australia and its Territories.","sortOrder":150},{"sectionNumber":"sec.52A","sectionType":"section","heading":"Evidentiary provision","content":"### sec.52A Evidentiary provision\n\nA certificate purporting to be signed by or for an approving entity and stating any of the following matters is evidence of the matter—\na stated form—\nwas approved or made available by the entity under a stated authorising law on a stated day; and\nwas first notified under section 48 (5) on a stated relevant website on a stated day in a stated way;\na stated document is a copy of a stated form that was first notified under section 48 (5) on a stated relevant website on a stated day in a stated way.\nAn approving entity may, in writing, authorise a person to issue certificates under subsection (1) for the entity.\nIn this section—\napproving entity means an entity authorised under an authorising law to approve forms or make forms available.\nauthorising law see section 48 (1) .\nform includes a new version of a form.\ns 52A ins 2017 No. 17 s 7\n(sec.52A-ssec.1) A certificate purporting to be signed by or for an approving entity and stating any of the following matters is evidence of the matter— a stated form— was approved or made available by the entity under a stated authorising law on a stated day; and was first notified under section 48 (5) on a stated relevant website on a stated day in a stated way; a stated document is a copy of a stated form that was first notified under section 48 (5) on a stated relevant website on a stated day in a stated way.\n(sec.52A-ssec.2) An approving entity may, in writing, authorise a person to issue certificates under subsection (1) for the entity.\n(sec.52A-ssec.3) In this section— approving entity means an entity authorised under an authorising law to approve forms or make forms available. authorising law see section 48 (1) . form includes a new version of a form.\n- (a) a stated form— (i) was approved or made available by the entity under a stated authorising law on a stated day; and (ii) was first notified under section 48 (5) on a stated relevant website on a stated day in a stated way;\n- (i) was approved or made available by the entity under a stated authorising law on a stated day; and\n- (ii) was first notified under section 48 (5) on a stated relevant website on a stated day in a stated way;\n- (b) a stated document is a copy of a stated form that was first notified under section 48 (5) on a stated relevant website on a stated day in a stated way.\n- (i) was approved or made available by the entity under a stated authorising law on a stated day; and\n- (ii) was first notified under section 48 (5) on a stated relevant website on a stated day in a stated way;","sortOrder":151},{"sectionNumber":"sec.52B","sectionType":"section","heading":"Regulation-making power","content":"### sec.52B Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 52B ins 2017 No. 17 s 7","sortOrder":152},{"sectionNumber":"pt.14","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":153},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Transitional provision for Parliamentary Service and Other Acts Amendment Act 2011","content":"## Transitional provision for Parliamentary Service and Other Acts Amendment Act 2011","sortOrder":154},{"sectionNumber":"sec.53","sectionType":"section","heading":"Transitional—extrinsic material—speech in Legislative Assembly","content":"### sec.53 Transitional—extrinsic material—speech in Legislative Assembly\n\nThis section applies in relation to a Bill introduced in the Legislative Assembly before the commencement of this section.\nA reference in section 14B(3), definition extrinsic material , paragraph (f) to a speech made to the Legislative Assembly by the member when introducing the Bill is taken to be a reference to a speech made to the Legislative Assembly by the member in moving a motion that the Bill be read a second time.\ns 53 orig s 53 om 1991 No. 97 s 3 sch 1\nprev s 53 ins 1994 No. 73 s 3\nom 1995 No. 58 s 4 sch 1\npres s 53 ins 2011 No. 24 s 5\n(sec.53-ssec.1) This section applies in relation to a Bill introduced in the Legislative Assembly before the commencement of this section.\n(sec.53-ssec.2) A reference in section 14B(3), definition extrinsic material , paragraph (f) to a speech made to the Legislative Assembly by the member when introducing the Bill is taken to be a reference to a speech made to the Legislative Assembly by the member in moving a motion that the Bill be read a second time.","sortOrder":155},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Transitional provisions for Treasury and Trade and Other Legislation Amendment Act 2013","content":"## Transitional provisions for Treasury and Trade and Other Legislation Amendment Act 2013","sortOrder":156},{"sectionNumber":"sec.54","sectionType":"section","heading":"Definitions for div 2","content":"### sec.54 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of this section.\nsubordinate legislation does not include exempt subordinate legislation.\ns 54 prev s 54 om 1991 No. 30 s 3 sch 2\npres s 54 ins 2013 No. 39 s 55","sortOrder":157},{"sectionNumber":"sec.55","sectionType":"section","heading":"References to s 36, 48A or 49","content":"### sec.55 References to s 36, 48A or 49\n\nThis section applies to references made before the commencement in an instrument.\nIf the context permits, from the commencement—\na reference to section 36 of this Act is taken to include a reference to schedule 1 of this Act; and\na reference to section 48A of this Act is taken to be a reference to section 49 of this Act; and\na reference to section 49 of this Act is taken to be a reference to section 48A of this Act.\ns 55 ins 2013 No. 39 s 55\n(sec.55-ssec.1) This section applies to references made before the commencement in an instrument.\n(sec.55-ssec.2) If the context permits, from the commencement— a reference to section 36 of this Act is taken to include a reference to schedule 1 of this Act; and a reference to section 48A of this Act is taken to be a reference to section 49 of this Act; and a reference to section 49 of this Act is taken to be a reference to section 48A of this Act.\n- (a) a reference to section 36 of this Act is taken to include a reference to schedule 1 of this Act; and\n- (b) a reference to section 48A of this Act is taken to be a reference to section 49 of this Act; and\n- (c) a reference to section 49 of this Act is taken to be a reference to section 48A of this Act.","sortOrder":158},{"sectionNumber":"sec.56","sectionType":"section","heading":"References to gazetted","content":"### sec.56 References to gazetted\n\nIn an instrument, a reference to gazetted in relation to subordinate legislation is taken to be a reference to—\nfor subordinate legislation notified or published in the gazette before the commencement—notified or published in the gazette; or\notherwise—notified under the Statutory Instruments Act 1992 , section 47.\ns 56 ins 2013 No. 39 s 55\n- (a) for subordinate legislation notified or published in the gazette before the commencement—notified or published in the gazette; or\n- (b) otherwise—notified under the Statutory Instruments Act 1992 , section 47.","sortOrder":159},{"sectionNumber":"sec.57","sectionType":"section","heading":"References to notified in the gazette","content":"### sec.57 References to notified in the gazette\n\nIn an instrument, a reference to notified in the gazette in relation to subordinate legislation is taken to be a reference to—\nfor subordinate legislation notified in the gazette before the commencement—notified in the gazette under the Statutory Instruments Act 1992 , section 47 as in force before the commencement; or\notherwise—notified under the Statutory Instruments Act 1992 , section 47.\ns 57 ins 2013 No. 39 s 55\n- (a) for subordinate legislation notified in the gazette before the commencement—notified in the gazette under the Statutory Instruments Act 1992 , section 47 as in force before the commencement; or\n- (b) otherwise—notified under the Statutory Instruments Act 1992 , section 47.","sortOrder":160},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Transitional provision for Court and Civil Legislation Amendment Act 2017","content":"## Transitional provision for Court and Civil Legislation Amendment Act 2017","sortOrder":161},{"sectionNumber":"sec.58","sectionType":"section","heading":"Form approved or made available, but not notified in gazette, before commencement","content":"### sec.58 Form approved or made available, but not notified in gazette, before commencement\n\nThis section applies if before the commencement—\na form was approved or made available by an entity under an authorising law; and\nthere had been no notification of the approval or availability of the form under previous section 48(5).\nOn or after the day of commencement, the entity may notify the approval or availability of the form under amended section 48.\nIn this section—\namended section 48 means section 48 as in force after the commencement.\nauthorising law see section 48(1).\nform includes a new version of a form.\nprevious section 48(5) means section 48(5) as in force immediately before the commencement.\ns 58 ins 2017 No. 17 s 8\nsch 1 om 1991 No. 30 s 3 sch 2\n(sec.58-ssec.1) This section applies if before the commencement— a form was approved or made available by an entity under an authorising law; and there had been no notification of the approval or availability of the form under previous section 48(5).\n(sec.58-ssec.2) On or after the day of commencement, the entity may notify the approval or availability of the form under amended section 48.\n(sec.58-ssec.3) In this section— amended section 48 means section 48 as in force after the commencement. authorising law see section 48(1). form includes a new version of a form. previous section 48(5) means section 48(5) as in force immediately before the commencement.\n- (a) a form was approved or made available by an entity under an authorising law; and\n- (b) there had been no notification of the approval or availability of the form under previous section 48(5).","sortOrder":162}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown well beyond its original purpose of providing basic rules for citing, commencing, and interpreting Acts (see original short title and **pt 2**–**pt 5**). It now encompasses statutory instruments (**s.2**, **s.7**), native title protection (**s.13A**), Legislative Assembly immunities (**s.13B**), use of extrinsic materials (**s.14B**), gender-neutral and de facto partner rules (**s.32B**, **s.32DA**), coastal waters application (**pt 12**), forms notification (**s.48**), fee units (**s.48B**–**s.48C**), and detailed savings/transitional rules (**s.19**–**s.20B**, **pt 14**), reflecting incremental expansions through amendments up to 2023."},"complexity_factors":["Over 50 sections across 14 parts with frequent cross-references to the Statutory Instruments Act 1992, Crimes at Sea Act 2001, and Commonwealth Acts like the Coastal Waters (State Powers) Act 1980","Nested definitions, exceptions, and savings provisions (e.g. **s.9(1A)**–**(1B)** on coastal waters, **s.19(2)**–**(4)** on non-revival of repealed Acts, **s.20**–**s.20A** on savings for rights and transitional effects)","Multiple layers of interpretation rules including purposive approach (**s.14A**), extrinsic materials (**s.14B**), changes in drafting practice (**s.14C**–**s.14CA**), and specific rules for forms (**s.48**) and fee units (**s.48B**–**s.48C**)","Transitional provisions (**s.53**–**s.58**) and historical amendments referenced throughout (e.g. renumbering in 1991 No. 97, additions in 2023 No. 23)","Conditional logic for displacement by contrary intention (**s.4**), binding the Crown (**s.5**), and automatic commencement or repeal mechanisms (**s.15DA**, **s.22C**)"],"plain_english_summary":"**The Acts Interpretation Act 1954** is Queensland's main rulebook for understanding and applying all other laws (Acts) and official rules (statutory instruments). It defines common words (like \"Act\" or \"Minister\"), sets rules for reading laws in a way that best achieves their goal (the purposive approach in **s.14A**), explains how to start laws (commencement in **s.15A** to **s.15DA**), handle changes or cancellations of laws (**s.19** to **s.22C**), serve documents (**s.39**), measure time and distance (**s.37**–**s.38A**), and interpret references to people, places, or the government. It also covers special topics like protecting native title (**s.13A**), Legislative Assembly powers (**s.13B**), using outside materials to understand unclear laws (**s.14B**), and modern updates like gender-neutral language, de facto partners (**s.32DA**), and fee units (**s.48B**–**s.48C**). It affects lawmakers, judges, public servants, businesses, and anyone dealing with Queensland laws by making them more consistent, fair, and predictable so people are not caught out by unclear wording or old-fashioned rules."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1954 Act was a relatively compact statute dealing primarily with basic interpretation rules — how to read Queensland Acts, their commencement, repeal effects, and a dictionary of common terms. Over nearly 70 years of amendment it has grown substantially beyond that original purpose. It now encompasses: detailed rules on acting appointments and delegation of powers (sections 24B and 27A, which are essentially administrative law mini-codes in their own right); a standalone regime for the application of Queensland law to coastal waters (Part 12, inserted 2010); a fee unit calculation framework (Part 12B, inserted 2021); detailed form notification and compliance rules (Part 12A); transitional provisions carrying their own definitions and rules (Part 14); protection of native title and Legislative Assembly privileges from inadvertent statutory amendment (sections 13A and 13B); and provisions on the meaning of 'de facto partner' that effectively import relationship law into every Queensland Act. While each of these expansions is logically connected to interpreting or administering Queensland legislation, collectively they transform what was a modest interpretive rulebook into a comprehensive administrative and constitutional framework that goes well beyond its original interpretive purpose."},"complexity_factors":["Extensive schedule of defined terms (Schedule 1 Dictionary) incorporated by reference into the main body, creating a two-location lookup requirement","Heavy internal cross-referencing throughout — provisions routinely qualify, limit or extend one another (e.g. sections 19, 20, and 20A each expressly state they do not limit each other, creating a web of interrelationships)","Deeply nested conditional logic, especially in sections 17 (exercise of powers before commencement), 24B (acting appointments with up to 16 subsections), 27A (delegation — 16 subsections with nested conditions), and 35B (internal references to provisions)","Multiple temporal layers: different rules apply depending on when an Act was enacted (before or after 30 June 1991, 31 December 1994, 1 July 1994, 1 January 1992, etc.), requiring readers to identify the era of a provision before applying the correct rule","Exceptions to exceptions: for example, section 9 sets a general rule, section 9(1A) creates a sub-rule, and section 9(1B) then carves out an exception to that sub-rule; similarly section 20A's savings provisions layer over sections 19 and 20","Extensive amendment history across nearly 70 years (1954–2023) with provisions repeatedly substituted, omitted, renumbered and relocated, making it difficult to track the current state of the law","Interaction with at least seven other Queensland Acts explicitly cross-referenced (Statutory Instruments Act 1992, Justices Act 1886, Public Sector Act 2022, Marriage Act 1961 (Cwlth), Coastal Waters Acts, Crimes at Sea Act 2001, Australia Acts)","Fourteen distinct parts plus multiple divisions within Part 14, covering interpretation, commencement, amendment, repeal, powers, terms, offences, coastal waters, forms, fee units, and transitional provisions — a very broad structural scope","Section 35B alone (references to provisions designated by number) contains seven subsections with multiple conditional branches and numerous worked examples, requiring case-by-case analysis","Transition provisions in Part 14 add a fourth temporal layer, requiring readers to determine whether specific pre-commencement instruments or practices apply, and then identify which version of a section applied at the relevant time"],"plain_english_summary":"The Acts Interpretation Act 1954 is Queensland's foundational legal \"rulebook for reading rules.\" It sets out the default principles that apply to every single Act (law) passed by the Queensland Parliament, unless a specific Act explicitly says otherwise. Think of it as the instruction manual that lawyers, judges, and public servants must consult whenever they need to figure out how to understand or apply any Queensland law.\n\nThe Act covers an enormous range of practical ground. It tells you how to interpret ambiguous language in legislation (favour the interpretation that best achieves the law's purpose), what materials you can look at to help understand a law's meaning (such as parliamentary debate transcripts, royal commission reports, or explanatory notes), and how headings, examples, notes and punctuation all count as part of an Act. It also sets default rules for everyday things: how to count time deadlines, how to serve legal documents on someone, what \"may\" versus \"must\" means, how to refer to a Minister or government department that might have changed its name, and what happens when an Act is repealed (in short, existing rights and penalties are generally preserved).\n\nA significant portion of the Act deals with how laws come into force (called \"commencement\") and what happens when they are amended or repealed — for instance, it clarifies that repealing an amending Act does not undo the amendments that Act made. It also deals with the mechanics of government administration: how appointments to offices are made and managed, how powers can be delegated to someone else, and how acting arrangements work when an officeholder is away or a position is vacant.\n\nThis Act affects virtually everyone in Queensland, because it underpins the interpretation of every other Queensland law. If you have ever wondered what a law actually means — whether it applies to you, when it kicks in, or who enforces it — the Acts Interpretation Act 1954 is likely shaping the answer, even if you never see it mentioned directly."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original purpose of standardising the interpretation of Acts. Originally focused on basic rules (definitions, commencement, repeal), it now includes detailed provisions on forms (Part 12A), fee units (Part 12B), application of state laws to coastal waters (Part 12), and extensive rules on delegation and acting appointments (Part 7). These additions go well beyond pure interpretation, making the Act a repository for administrative and procedural rules that could have been placed in separate legislation."},"complexity_factors":["Over 50 sections covering a wide range of topics (definitions, time, service, offences, forms, fees)","Extensive cross-referencing between its own sections and to other Acts (e.g., Statutory Instruments Act 1992)","Multiple layers of exceptions and conditional logic (e.g., sections 9, 14B, 17)","Detailed rules on how to interpret references to provisions within an Act (section 35B)","Inclusion of transitional provisions and automatic repeal mechanisms (e.g., section 22C)","Nested definitions and interpretive rules that apply across all Queensland legislation"],"plain_english_summary":"The **Acts Interpretation Act 1954** is Queensland's rulebook for reading and understanding all other Queensland laws (Acts of Parliament). Think of it as the instruction manual for the law. It sets out standard definitions (like 'person' includes a company), rules for counting time, how Acts start and end, how to refer to ministers or departments, and how penalties work. It also explains how amendments affect existing laws and how powers can be delegated. This Act doesn't create new rights or obligations itself—it simply makes sure every other law is interpreted consistently and correctly."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.2","severity":"low","reasoning":"Section 2 states the Act applies to all Acts, including itself. This means all interpretive rules in the Act (purposive interpretation, definitions, etc.) must be applied to interpret the Act itself. While this is a deliberate and common feature of interpretation Acts, it creates a genuine bootstrapping paradox: you need to already know how to interpret the Act in order to determine how it applies to itself. For instance, s.14A requires interpreting provisions to best achieve the Act's purpose — but what is the Act's purpose? You need to interpret the Act to find out, using the very rule you're trying to apply. It's turtles all the way down.","confidence":0.75,"description":"The Act declares it applies to all Acts 'including this Act', creating a self-referential loop where the Act's own interpretive rules must be used to interpret itself — including the very provision establishing that it applies to itself."},{"type":"self_contradicting","section":"sec.4","severity":"low","reasoning":"Section 4 allows any Act to displace this Act by contrary intention. Section 2 applies this Act to all Acts. If an Act contains a provision that says 'the Acts Interpretation Act 1954 does not apply to this Act', the question becomes: how do we interpret that contrary intention? Under s.4, we presumably rely on this Act's interpretive rules to recognise the contrary intention — but those rules have been displaced by that very intention. The Act creates the conditions for its own non-application without a clear bootstrap mechanism. In practice courts handle this sensibly, but logically the provision is self-undermining.","confidence":0.6,"description":"The displacement provision can theoretically displace itself. If a contrary intention in another Act displaces the whole of this Act, that displacement would itself need to be interpreted under this Act (per s.2), but this Act has been displaced — a self-defeating loop."},{"type":"retroactive_impossibility","section":"sec.9-ssec.1A","severity":"medium","reasoning":"The phrase 'applies (and always applied)' in s.9(1A) asserts that the interpretive rule in s.9(1)(a) always applied to the Coastal Waters Acts. However, s.9 was inserted by 1991 No. 97 and s.9(1A) was added in 2010 (No. 42). The Coastal Waters Acts date from 1980. A provision inserted in 1991 cannot literally have 'always applied' to legislation from 1980 — there is a gap of at least 11 years during which it did not exist. Parliament cannot logically declare that a provision applied before it was enacted. This is a classic retroactive impossibility dressed up in declaratory language.","confidence":0.8,"description":"Section 9(1A) declares that subsection (1)(a) 'applies (and always applied)' to the Coastal Waters Acts — a retroactive declaration of how a provision always operated, made in 2010 about events potentially predating the 1991 insertion of s.9(1)(a) itself."},{"type":"retroactive_impossibility","section":"sec.9A","severity":"medium","reasoning":"The Australia Acts came into force in 1986. Section 9A, inserted in 1995, purports to declare that Queensland Acts enacted before 1986 had the same legal effect as if the Australia Acts were already in operation when they were passed. This is logically absurd: the legal effect of a statute at the time of enactment is a historical fact that cannot be retroactively altered by a later declaration. Courts can choose to treat acts as if they had that effect prospectively, but Parliament cannot change what the law actually was in 1950 by passing a declaration in 1995. The provision is doing real legal work (validating potentially invalid Acts), but frames it in an ontologically impossible way.","confidence":0.75,"description":"Section 9A declares that pre-Australia Acts provisions 'have (and always have had) the same effect' as if the Australia Acts were in operation at the time of enactment — retroactively rewriting legal history in a way that is temporally impossible."},{"type":"self_contradicting","section":"sec.14-ssec.4","severity":"low","reasoning":"Section 14(4) defines what constitutes a 'note' that is part of an Act (as opposed to a footnote/editor's note that is not). The provision itself contains embedded cross-references ('See the note to section 2') that appear within the body of subsection (4). Whether these are 'notes' (part of the Act under ss.(4)) or 'editor's notes' (not part of the Act under ss.(7)) is ambiguous. The provision that distinguishes notes from non-notes itself contains material of uncertain classification — a minor but genuine self-referential puzzle.","confidence":0.55,"description":"Section 14(4) states that a note in an Act 'is part of the Act', while s.14(7) states that a footnote or editor's note 'is not part of the Act' — but immediately within s.14(4) itself, there is text that appears to be a note ('See the note to section 2. See the footnote to schedule 1...') embedded in the provision, raising the question of whether those cross-references are themselves 'part of the Act' or merely illustrative footnotes."},{"type":"circular_definition","section":"sec.14A-ssec.3","severity":"low","reasoning":"The provision says it overrides any rule of interpretation. But the instruction that it overrides rules of interpretation is itself a rule of interpretation. Does s.14A(3) override itself? If it does, then the override provision disappears and other rules of interpretation apply — including ones that might say the purposive approach doesn't apply. If it doesn't override itself, we need another rule to tell us how to read s.14A(3), which may itself be overridden. Minor logical regress.","confidence":0.5,"description":"Section 14A(3) declares it applies to Acts passed after 30 June 1991 'despite any presumption or rule of interpretation' — but the rule about how to apply s.14A is itself a rule of interpretation, potentially including the rule in s.14A(3) itself."},{"type":"circular_definition","section":"sec.14B-ssec.3","severity":"medium","reasoning":"Section 14B(3) defines 'extrinsic material' as 'relevant material not forming part of the Act concerned', then immediately includes 'material set out in an official copy of the Act' as an example. An official copy of the Act contains the Act's own text. Under s.14, headings, notes, examples, schedules and punctuation are all 'part of the Act'. Yet s.14B treats an official copy of the Act as 'extrinsic material' — material not forming part of the Act. This creates a direct contradiction: the Act's own text is simultaneously part of the Act (s.14) and extrinsic to it (s.14B). This genuinely muddies the interpretive exercise.","confidence":0.82,"description":"Section 14B defines 'extrinsic material' to include 'material set out in an official copy of the Act' — meaning the Act's own text is defined as extrinsic to itself, which is logically contradictory."},{"type":"impossible_compliance","section":"sec.15DA-ssec.4","severity":"medium","reasoning":"A postponed law is one that has not yet commenced. Section 15DA(4) says a regulation may be made under (a) the Act that is the postponed law, or (b) the Act of which the postponed law is a provision, etc. — 'as if the Act included a provision that had commenced and authorised the regulation to be made.' The fiction in the 'as if' clause is necessary precisely because the law hasn't commenced and therefore cannot ordinarily authorise anything. While the 'as if' language is a recognised legal fiction device, the section is premised on the inherent impossibility of deriving authority from a law that isn't in force — the provision exists to paper over a genuine logical gap.","confidence":0.7,"description":"Section 15DA(4) allows a regulation to extend commencement time to be made 'under' a postponed law that has not yet commenced — authorising the making of a regulation under a law that, by definition, is not yet in force and therefore has no operative effect."},{"type":"other","section":"sec.22C-ssec.1","severity":"low","reasoning":"Once an amending Act is automatically repealed, the commencement provision within it is also repealed. Section 19A mitigates this by providing that omission of a commencement provision doesn't affect the continuing operation of the law. However, there is a logical gap: the evidence of when commencement occurred (the commencement provision) is erased, and questions about whether commencement actually happened at the required time must be resolved without the authoritative instrument. Section 19A helps but doesn't fully resolve the epistemic problem created by auto-repealing the very provision that established the operative date.","confidence":0.5,"description":"An amending Act is automatically repealed after all its provisions commence — but the section defining 'amending Act' (s.22C(4)) lists a 'provision about the Act's commencement' as one of the provisions that can form part of an amending Act. If the commencement provision is repealed along with the rest, determining whether commencement actually occurred becomes legally uncertain after the repeal."},{"type":"self_contradicting","section":"sec.32AB","severity":"medium","reasoning":"Under s.4, any Act can displace this Act by contrary intention. A non-exhaustive definition in another Act is arguably a contrary intention about the meaning of that term. Section 32AB says the Interpretation Act definition prevails over the non-exhaustive definition where they conflict. But s.4 says the other Act's contrary intention displaces this Act. These two provisions give opposite results for the same scenario: Act X has a non-exhaustive definition that conflicts with a definition in this Act — does s.4 or s.32AB win? The Act contains no express priority rule between them.","confidence":0.72,"description":"Section 32AB provides that if a non-exhaustive definition in Act X conflicts with a definition in this (Interpretation) Act, the Interpretation Act definition prevails and 'displaces' the non-exhaustive definition — but s.4 allows any Act to displace this Act by contrary intention, and a non-exhaustive definition is itself a contrary intention. The two mechanisms point in opposite directions for the same fact situation."},{"type":"other","section":"sec.37","severity":"medium","reasoning":"After the 2023 amendment, Queensland law now has two permanently parallel systems for measuring distance. A distance of, say, 5km as the crow flies might be 8km by road. An old pre-2023 Act might prohibit building within 5km of a school (measured by road), while a new post-2023 Act might require a buffer of 5km (measured in a straight line). The same property could simultaneously be within and outside the required distance depending purely on which Act applies. This is not absurd in isolation — transitional rules often create dual regimes — but the permanent, ongoing bifurcation of something as fundamental as how distance is measured creates genuine and lasting interpretive confusion.","confidence":0.65,"description":"Section 37 creates two different distance measurement rules (road distance for pre-2023 provisions; straight-line for post-2023 provisions) that will permanently coexist within the Queensland statute book, meaning the same physical distance between two points may be simultaneously measured differently depending on which Act's provision is being applied — potentially producing different legal outcomes for identical factual situations."},{"type":"circular_definition","section":"sec.55-ssec.2","severity":"low","reasoning":"Following the 2013 renumbering, s.55(2) says: a reference to s.48A = s.49, AND a reference to s.49 = s.48A. Applying this twice: a reference to s.48A → s.49 → s.48A. The substitution rule, applied iteratively, loops back to the original. While this is intended as a transitional fix to deal with renumbered references in existing instruments, the bidirectional substitution is formally circular. A document containing cross-references to both s.48A and s.49 would have both references simultaneously re-pointed to the sections they used to refer to — making the transitional provision logically vacuous as applied to such documents.","confidence":0.6,"description":"Section 55(2)(b) and (c) create a mutual cross-reference swap: references to s.48A are taken to be references to s.49, and references to s.49 are taken to be references to s.48A. This means any reference to the old s.49 (now s.48A) points to the new s.48A (old s.49) and vice versa — a circular two-way substitution that could cause interpretive confusion when the referenced sections have different content."}],"contradictions":[{"severity":"medium","section_a":"sec.14-ssec.4","section_b":"sec.14-ssec.7","confidence":0.7,"description":"Section 14(4) provides that a 'note in an Act to the Act or to a provision of the Act, as opposed to a footnote, an editor's note or an endnote' is part of the Act. Section 14(7) provides that 'a footnote or editor's note to an Act or to a provision of an Act, and an endnote to an Act, are not part of the Act.' The distinction between a 'note' and an 'editor's note' or 'footnote' is never defined, creating an irresolvable ambiguity about which category any given annotation falls into — the two subsections create mutually exclusive categories without a clear boundary."},{"severity":"medium","section_a":"sec.4","section_b":"sec.32AB-para.d","confidence":0.68,"description":"Section 4 provides that a contrary intention in any Act can displace this Act (wholly or partly). Section 32AB(d) provides that where a non-exhaustive definition in another Act conflicts with a definition in this Act, the Interpretation Act definition 'is displaced' — but only after the two definitions are 'read in context' of each other. Section 4 would suggest the other Act's definition (as a contrary intention) displaces this Act's definition immediately; s.32AB says they must first be read together and only the conflicting element is displaced. These provisions provide inconsistent procedures for resolving the same conflict."},{"severity":"low","section_a":"sec.13","section_b":"sec.5","confidence":0.5,"description":"Section 5 provides that 'this Act binds the Crown'. Section 13 provides that no Act passed after the commencement of this Act shall be binding on the Crown unless express words are included. Since this Act itself binds the Crown (s.5), and this Act applies to itself (s.2), the interpretive rules in this Act — including s.13 — bind the Crown. But s.13 would, applied to itself, require that it include express words binding on the Crown before it can so bind. Section 5 provides those express words for the whole Act, but this creates a tension: s.13 establishes the general rule (no Crown binding without express words) while s.5 provides the express words for this Act only — the two together are logically consistent only if s.5 is treated as the specific expression required by s.13, which requires one section to validate the other in a circularity."},{"severity":"medium","section_a":"sec.14A-ssec.1","section_b":"sec.14B-ssec.1","confidence":0.65,"description":"Section 14A(1) requires that in all interpretation, the interpretation that best achieves the Act's purpose is to be preferred — an absolute directive. Section 14B(1) allows (but does not require) consideration of extrinsic material, and only in specified circumstances (ambiguity, absurdity, or to confirm ordinary meaning). Where the ordinary meaning of a provision does not best achieve the Act's purpose but is not ambiguous or absurd, s.14A requires a purposive interpretation while s.14B does not permit recourse to extrinsic material to support it. The two sections create an interpretive method that can demand a purposive outcome (s.14A) without providing the evidentiary tools to establish what that purpose is (s.14B), where the purpose is not expressly stated in the Act."},{"severity":"medium","section_a":"sec.15A","section_b":"sec.15B","confidence":0.85,"description":"Section 15A provides that an Act commences on the 'date of assent' except where otherwise provided. Section 15B provides that if an Act commences 'on a day', it commences at the beginning of that day. Read together, an Act receiving royal assent at 3pm on a Tuesday is deemed to have commenced at the beginning of that day — i.e., midnight — even though assent was given hours later. This creates the legal fiction that the Act was in force before the constitutional act (royal assent) that brought it into existence, which is temporally impossible."},{"severity":"low","section_a":"sec.20-ssec.2","section_b":"sec.20A-ssec.2","confidence":0.55,"description":"Section 20(2)(a) provides that repeal of an Act does not 'revive anything not in force or existing at the time the repeal takes effect'. Section 20A(2) provides that the declaratory or validating effect of an Act does not end merely because of its repeal. A declaration made by an Act that has been repealed continues to have effect under s.20A — but under s.20(2)(a), nothing is revived by the repeal of the repealing Act. These provisions can produce contrary results: if Act A validates Act B (under s.20A) and Act A is then itself repealed, s.20A says the validation survives, but s.20(2)(a) says nothing is revived. The sections address slightly different scenarios but their interaction is not clearly resolved."},{"severity":"high","section_a":"sec.24B-ssec.7C","section_b":"sec.24B-ssec.2","confidence":0.8,"description":"Section 24B(7C) provides that subsections (7A) and (7B) — which terminate acting appointments when vacancies end or the substantive holder resumes — apply 'even if a contrary intention appears in the instrument of, or evidencing the, appointment to act.' Section 24B(2) provides that 'the appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment', implying the instrument can define and limit the circumstances of the appointment. If the instrument specifies circumstances that extend beyond the vacancy period, s.24B(2) suggests that expression is effective, while s.24B(7C) overrides it. These subsections directly conflict on the legal effect of the instrument of appointment."},{"severity":"low","section_a":"sec.27A-ssec.10A","section_b":"sec.27A-ssec.7","confidence":0.55,"description":"Section 27A(7) provides that a delegated function or power 'properly performed or exercised by the delegate is taken to have been performed or exercised by the delegator.' Section 27A(10A) provides that the delegation 'does not relieve the delegator of the delegator's obligation to ensure that the function or power is properly performed or exercised.' Read together: the delegate's act is legally the delegator's act (s.27A(7)), yet the delegator remains obligated to ensure the delegate performs properly (s.27A(10A)). This means the delegator is simultaneously the legal actor (via the deeming provision) and a supervising third party — creating an odd legal double-persona for the one act."}]}},"importantCases":[],"_links":{"self":"/api/acts/acts-interpretation-act-1954","history":"/api/acts/acts-interpretation-act-1954/history","analysis":"/api/acts/acts-interpretation-act-1954/analysis","conflicts":"/api/acts/acts-interpretation-act-1954/conflicts","importantCases":"/api/acts/acts-interpretation-act-1954/important-cases","documents":"/api/acts/acts-interpretation-act-1954/documents"}}