{"id":"interpretation-act-1978","name":"Interpretation Act 1978","slug":"interpretation-act-1978","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30174,"registerId":"nt-interpretation-act-1978-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Interpretation Act 1978.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Repeal and savings","content":"2 Repeal and savings\n(1) The Ordinances set out in Parts 1, 2 and 3 of the Schedule are\nrepealed.\n(2) The laws of the State of South Australia set out in Part 4 of the\nSchedule cease to have effect in the Northern Territory as laws of\nthe Northern Territory.\n(3) Where there is, in an Act, or a law of the State of South Australia in\nits application to the Northern Territory, made before the\ncommencement of this Act, a word, expression or provision as to\nwhich there is no provision in this Act which is appropriate to its\ninterpretation, application or effect but as to which a provision of a\nlaw in force before the commencement of this Act would, but for the\nrepeal effected by this section, have continued to be appropriate to\nits interpretation, application or effect, the provision in that last-\nmentioned law continues to apply to the word, expression or\nprovision in that first-mentioned law, notwithstanding the repeal\neffected by this section.\n(4) Notwithstanding the repeal effected by this section, in the\ninterpretation, application or effect of a word, expression or\nprovision in an Act, or law of the State of South Australia in its\napplication to the Northern Territory, to or in relation to anything\ndone or suffered before the commencement of this Act, reference\nshall be made to the law as in force or deemed before the\ncommencement of this Act to be in force at the time when that thing\nwas done or suffered and not to this Act, and that law continues to\nhave effect for that purpose.\n\nInterpretation Act 1978 2\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Application of this Act","content":"3 Application of this Act\n(1) Subject to section 2, this Act applies to each Act, and to each\nOrdinance and Act of the State of South Australia in its application\nto the Northern Territory, and to each Ordinance of the Northern\nTerritory, whether made before or after the making of this Act,\nincluding this Act, as though that law were an Act.\n(2) This Act binds the Crown not only in right of the Territory but, so far\nas the legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(3) In the application of a provision of this Act to a provision, whether in\nthis Act or in another law, the first-mentioned provision yields to the\nappearance of an intention to the contrary in that other provision.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application to statutory instruments","content":"4 Application to statutory instruments\nThis Act applies, so far as it is applicable:\n(a) to and in respect of statutory instruments made under laws to\nwhich this Act applies, and to and in respect of the\ninterpretation, application and effect of such instruments, as if\nthose instruments were Acts; and\n(b) without limiting its general application:\n(i) to and in respect of references to statutory instruments\nas if they were references to Acts; and\n(ii) to and in respect of references to Acts as if they were\nreferences to such instruments.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Date of commencement","content":"5 Date of commencement\n(1) An Act commences on the day specified or provided for in the Act.\n(2) An Act may be specified to commence:\n(a) on a particular day or on a number of different days; or\n(b) on a day to be fixed by Gazette notice; or\n(c) on the happening of a particular event or events.\nExample for subsection (2)(c)\nOn the commencement of another Act.\n\nInterpretation Act 1978 3\n(3) If an Act is specified to commence as specified in subsection (2)(b):\n(a) a single day or time may be fixed; or\n(b) different days or times may be fixed for different provisions of\nthe Act.\n(4) If an Act does not specify or provide for its commencement, or the\ncommencement of any provision, the Act or the provision of the Act\ncommences on the day after the day on which assent to the Act is\ndeclared.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Proposed laws reserved for Governor-General","content":"6 Proposed laws reserved for Governor-General\nA proposed law or part of a proposed law reserved for the\nsignification of the pleasure of the Governor-General does not have\neffect before the day on which notification of the\nGovernor-General's assent is published in the Gazette, despite\nanything to the contrary in section 5 or in the proposed law.\nNote for section 6\nSee section 8 of the Northern Territory (Self-Government) Act 1978 (Cth).\n","sortOrder":5},{"sectionNumber":"6A","sectionType":"section","heading":"Time of commencement","content":"6A Time of commencement\nAn Act or a provision of an Act commences at the beginning of the\nday on which it commences, unless otherwise provided in the Act.\n","sortOrder":6},{"sectionNumber":"6B","sectionType":"section","heading":"References to commencement","content":"6B References to commencement\nA reference in an Act to the commencement or the day or time of\ncommencement of the Act or part of the Act, or another Act or part\nof another Act, (the provisions concerned) is a reference to:\n(a) if the provisions concerned commence on a single day or at a\nparticular time – that day or time; or\n(b) if different parts of the provisions concerned commence on\ndifferent days or at different times – the last of those days or\ntimes.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Evidence of assent etc.","content":"7 Evidence of assent etc.\n(1) The date appearing on a copy of an Act printed by the Government\nPrinter and purporting to be the day on which assent was given to\nthe Act shall be evidence of that day.\n(2) The date appearing on a copy of an Act printed by the Government\nPrinter and purporting to be the day on which the assent to the Act\nwas notified in the Gazette shall be evidence of that day.\n\nInterpretation Act 1978 4\n(3) The dates appearing on a copy of subordinate legislation printed by\nthe Government Printer and purporting to be:\n(a) the date on which the subordinate legislation was made; and\n(b) the date on which the subordinate legislation was notified in\nthe Gazette,\nshall be evidence of those dates.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Exercise of powers before commencement","content":"8 Exercise of powers before commencement\n(1) A power to make a statutory instrument, or to do any other thing,\nunder a provision of an Act may be exercised before the provision\ncommences.\nExamples of powers under subsection (1)\n1 A power to establish a board or other body.\n2 A power to make regulations.\n3 A power to approve forms.\n(2) The statutory instrument or other thing may take effect either:\n(a) on the commencement of the provision under which the power\nwas exercised; or\n(b) before the commencement of the provision under which the\npower was exercised, to the extent necessary for the effective\noperation of the Act.\n(3) Subsection (1) applies whether the provision is in the Act as\nenacted or whether it is to be inserted into the Act by another Act.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Amendment before commencement","content":"9 Amendment before commencement\nAt any time after a proposed law has been passed by the\nLegislative Assembly and before it has commenced:\n(a) it may be cited by its proposed short title; and\n(b) it may be the subject of a further proposed law to amend or\nrepeal it,\nand if a provision of an Act to amend or repeal another Act\n(including a provision relating to the commencement of the Act\nproposed to be amended) commences before or on the same day\nas the Act or provision amended or repealed, the Act or provision\namended or repealed, as the case may be, shall not commence\nexcept as amended or for the purpose of making the repeal\neffective as though the repealed provision had never existed.\n\nInterpretation Act 1978 5\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Repeal does not revive previous Act","content":"11 Repeal does not revive previous Act\nSubject to section 63C(5), the repeal of an Act or part of an Act by\nwhich a previous Act or part of an Act was repealed, does not\nwithout express words have the effect of reviving that last-\nmentioned Act or part.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Effect of repeal","content":"12 Effect of repeal\nThe repeal of an Act or part of an Act does not:\n(a) revive anything not in force or existing at the time at which the\nrepeal takes effect;\n(b) affect the previous operation of the Act or the part of the Act\nso repealed, or anything duly done or suffered under the Act\nor the part of the Act so repealed;\n(c) affect a right, privilege, obligation or liability acquired, accrued\nor incurred under an Act or the part of the Act so repealed, or\nan investigation, legal proceeding or remedy in respect of that\nright, privilege, obligation or liability; or\n(d) affect a penalty, forfeiture or punishment incurred in respect of\nan offence against the Act or part of the Act so repealed, or an\ninvestigation, legal proceeding or remedy in respect of that\npenalty, forfeiture or punishment,\nand the investigation, legal proceeding or remedy may be instituted,\ncontinued or enforced, and a penalty, forfeiture or punishment may\nbe imposed, as if the repealing Act had not been made.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Effect of State laws ceasing to apply","content":"13 Effect of State laws ceasing to apply\nWhere an Act repeals in whole or in part a law of the State of South\nAustralia in its application to the Territory or provides that such a\nlaw or any part of such a law shall cease to apply to the Territory\nsections 11, 12, 14 and 15 apply as if the law of the State were an\nAct or a part of an Act which had been repealed.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Continuance of repealed provisions","content":"14 Continuance of repealed provisions\nWhere an Act repeals in whole or in part a former Act and\nsubstitutes provisions in lieu thereof, the repealed provisions\ncontinue in force until the substituted provisions commence.\n\nInterpretation Act 1978 6\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"References to repealed provisions","content":"15 References to repealed provisions\n(1) If an Act repeals and re-enacts, with or without modification, any\nprovision of a former Act, a reference in any other Act to the\nprovision so repealed is taken to be a reference to the provision so\nre-enacted.\n(2) If a Commonwealth Act or legislative instrument repeals and\nre-enacts, with or without modification, any provision of a former\nCommonwealth Act or legislative instrument, a reference in an Act\nto the provision so repealed is taken to be reference to the\nprovision so re-enacted.\n(3) If a State, Territory or New Zealand Act or subordinate legislation\nrepeals and re-enacts, with or without modification, any provision of\na former State, Territory or New Zealand Act or subordinate\nlegislation, a reference in an Act to the provision so repealed is\ntaken to be a reference to the provision so re-enacted.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Expiration of Acts","content":"16 Expiration of Acts\nWhere an Act or part of an Act expires, sections 11, 12, 14 and 15\napply in respect of that expiration as though the Act or part had\nbeen repealed.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Definitions","content":"17 Definitions\nIn an Act:\nAct means an Act passed by the Legislative Assembly and\nassented to under the Northern Territory (Self-Government)\nAct 1978 (Cth), and includes:\n(a) a Territory Ordinance; and\n(b) an Ordinance or Act of South Australia in its application to the\nTerritory; and\n(c) a part of an Act.\nActing Administrator means a person appointed under the\nNorthern Territory (Self-Government) Act 1978 (Cth) to act in the\noffice of Administrator.\nADI means an authorised deposit-taking institution as defined in\nsection 5(1) of the Banking Act 1959 (Cth).\n\nInterpretation Act 1978 7\nAdministrative Arrangements Order means an Administrative\nArrangements Order made under section 35 and notified under\nsection 36.\nAdministrator means the Administrator of the Territory, and\nincludes an acting Administrator.\nadult means an individual who is at least 18 years old.\naffidavit means an affidavit made in accordance with the Oaths,\nAffidavits and Declarations Act 2010.\nAgency has the meaning in section 18A(1).\nappropriation, see section 3(1) of the Financial Management\nAct 1995.\nASIC means the Australian Securities and Investments\nCommission continued in existence under the ASIC Act.\nASIC Act means the Australian Securities and Investments\nCommission Act 2001 (Cth).\nAssociate Judge means an Associate Judge as defined in\nsection 9(1) of the Supreme Court Act 1979.\nAttorney-General has the same meaning as in section 7 of the\nLaw Officers Act 1978.\nAuditor-General has the same meaning as in the Audit Act 1995.\nAustralian Crime Commission means the Australian Crime\nCommission established by section 7 of the Australian Crime\nCommission Act 2002 (Cth).\nbank means an ADI that is permitted under the Banking Act 1959\n(Cth) to assume or use:\n(a) the word bank, banker or banking; or\n(b) any other word (whether or not in English) that is of like import\nto a word mentioned in paragraph (a).\nbank cheque or banker's cheque means a cheque that an ADI\ndraws on itself.\nbuilding society means an ADI that is permitted under the Banking\nAct 1959 (Cth) to assume or use:\n(a) the expression building society; or\n\nInterpretation Act 1978 8\n(b) any other expression (whether or not in English) that is of like\nimport to the expression mentioned in paragraph (a).\nbusiness day means a day other than:\n(a) a Saturday or Sunday; or\n(b) a day that is a public holiday in the place in which any relevant\nact is to be done or may be done (other than a public holiday\nthat is part of a day).\ncalendar month means a period commencing at the beginning of\nany day of a named month and ending:\n(a) at the end of the day before the corresponding day of the next\nnamed month; or\n(b) if there is no such corresponding day – at the end of the next\nnamed month.\ncalendar year means the year commencing on 1 January.\nCentral Holding Authority means the Central Holding Authority\nestablished under the Financial Management Act 1995.\nChief Health Officer, see section 4 of the Public and\nEnvironmental Health Act 2011.\nChief Judge, see section 3 of the Local Court Act 2015.\nChief Justice, see section 9(1) of the Supreme Court Act 1979.\nCivil and Administrative Tribunal means the Northern Territory\nCivil and Administrative Tribunal established under the Northern\nTerritory Civil and Administrative Tribunal Act 2014.\nCommissioner of Correctional Services means the person\nholding or occupying the office of Commissioner of Correctional\nServices mentioned in section 17 of the Correctional Services\nAct 2014.\nCommissioner of Police means the Commissioner of Police\nappointed or holding office under the Police Administration\nAct 1978.\ncommissioner for oaths, see section 3 of the Oaths, Affidavits\nand Declarations Act 2010.\n\nInterpretation Act 1978 9\ncommitted for trial, in relation to a person, means:\n(a) committed into the custody of the Commissioner of\nCorrectional Services, or the Chief Executive Officer (as\ndefined in section 19 of the Public Sector Employment and\nManagement Act 1993) of the Agency responsible for youth\njustice, with a view to being tried before a judge and jury; or\n(b) granted bail under the Bail Act 1982 to appear and be tried\nbefore a judge and jury.\nCommonwealth means the Commonwealth of Australia.\nCommonwealth Act means an Act passed by the Parliament of\nthe Commonwealth.\nConsolidated Revenue Account means the Central Holding\nAuthority.\ncontravene includes fail to comply with.\nCorporations Act 2001 means the Corporations Act 2001 (Cth).\ncourt of competent jurisdiction means a court or tribunal having\njurisdiction to hear and determine the legal proceeding mentioned\nin the Act in which the expression occurs.\ncredit union has the same meaning as in section 47 of the\nFinancial Sector Reform (Northern Territory) Act 1999.\nCriminal Code means the Criminal Code Act 1983, Schedule I.\nde facto partner has the meaning in section 19A(3).\nde facto relationship has the meaning in section 19A(3).\ndepartment means a department of the Public Service of the\ndocument includes:\n(a) any of, or part of any of, the following things:\n(i) paper or other material on which there is writing;\n(ii) a map, plan, drawing or photograph;\n(iii) paper or other material on which there are marks,\nfigures, symbols or perforations having a meaning for\npersons qualified to interpret them;\n\nInterpretation Act 1978 10\n(iv) an article or any material from which sounds, images or\nwritings are capable of being reproduced with or without\nthe aid of another article or device;\n(v) an article on which information has been stored or\nrecorded, either mechanically or electronically;\n(vi) any other record or information; and\n(b) a copy, reproduction or duplicate, or part of a copy,\nreproduction or duplicate, of a thing mentioned in\nparagraph (a).\nElectoral Commission means the Northern Territory Electoral\nCommission established by the Electoral Act 2004.\nElectoral Commissioner means the person holding or occupying\nthe office of Electoral Commissioner established by section 314 of\nthe Electoral Act 2004.\nestate includes any estate or interest, charge, right, title, claim,\ndemand, lien or encumbrance at law or in equity.\nExecutive Council means the Executive Council of the Territory as\nestablished under section 33 of the Northern Territory (Self-\nGovernment) Act 1978 (Cth).\nexternal territory means a Territory, other than the Australian\nCapital Territory, the Jervis Bay Territory or the Northern Territory,\nfor the government of which as a Territory provision is made by a\nCommonwealth Act.\nFamily Court means the Federal Circuit and Family Court of\nAustralia (Division 1) under the Federal Circuit and Family Court of\nAustralia Act 2021 (Cth).\nFederal Circuit Court means the Federal Circuit and Family Court\nof Australia (Division 2) under the Federal Circuit and Family Court\nof Australia Act 2021 (Cth).\nFederal Circuit Court and Family Court of Australia, see\nsection 7(1) of the Federal Circuit and Family Court of Australia\nAct 2021 (Cth).\nFederal Court means the Federal Court of Australia created by\nsection 5 of the Federal Court of Australia Act 1976 (Cth).\nfinancial year means the year ending on 30 June.\n\nInterpretation Act 1978 11\nfriendly society has the same meaning as in section 48 of the\nFinancial Sector Reform (Northern Territory) Act 1999.\nfunction includes duty.\nGazette, Government Gazette, Northern Territory Government\nGazette or Gazette of the Northern Territory means the\nGovernment Gazette of the Territory.\nGazette notice means a notice published in the Gazette.\nGovernment Printer includes a person printing with the authority of\nthe Territory.\nHealth Practitioner Regulation National Law means:\n(a) the Health Practitioner Regulation National Law:\n(i) as in force from time to time, set out in the Schedule to\nthe Health Practitioner Regulation National Law\nAct 2009 (Qld); and\n(ii) as it applies as a law of the Territory, a State or another\nTerritory (with or without modification); or\n(b) the law of a State or another Territory that substantially\ncorresponds to the law mentioned in paragraph (a).\nNote for definition Health Practitioner Regulation National Law\nThe Health Practitioner Regulation National Law is applied as a law of the\nTerritory by the Health Practitioner Regulation (National Uniform Legislation)\nAct 2009.\nhusband has the meaning in section 19A(2).\nICAC means the Independent Commissioner Against Corruption\nestablished by section 17 of the Independent Commissioner\nAgainst Corruption Act 2017.\nImperial Act means an Act passed by the Parliament of the United\nKingdom.\nindictable offence means:\n(a) an offence that is an indictable offence under section 3(2) of\nthe Criminal Code; or\n(b) an act or omission committed outside the Territory that would\nbe an indictable offence under paragraph (a) if it were\ncommitted in the Territory.\n\nInterpretation Act 1978 12\nindictment includes information.\nindividual means a natural person.\ninfant means a person who has not attained the age of 18 years.\ninsert, in relation to a provision, includes substitute.\ninstrument of a legislative or administrative character includes\nregulations, rules, by-laws, orders, determinations, proclamations,\nawards, documents and authorities made, granted or issued under\na power conferred by an Act.\njustice of the peace means a justice of the peace within the\nmeaning of the Justices of the Peace Act 1991.\nland includes all messuages, tenements and hereditaments,\ncorporeal and incorporeal, of any tenure or description and\nwhatever may be the estate or interest in the land.\nlaw of the Territory means:\n(a) an Act; or\n(b) an instrument of a legislative character; or\n(c) an existing law of the Territory within the meaning of\nsection 57 of the Northern Territory (Self-Government)\nAct 1978 (Cth) that is not a law mentioned in paragraph (a)\nor (b); or\n(d) the common law.\nlawyer means an Australian lawyer as defined in section 5(a) of the\nLegal Profession Act 2006.\nlegal practitioner means an Australian legal practitioner as defined\nin section 6(a) of the Legal Profession Act 2006.\nlegislation website means:\n(a) the website with the address legislation.nt.gov.au maintained\nby the Agency; or\n(b) an alternative website authorised in writing by the Chief\nExecutive Officer of the Agency.\nLegislative Assembly means the Legislative Assembly of the\n\nInterpretation Act 1978 13\nLocal Court means the Local Court of the Northern Territory under\nthe Local Court Act 2015.\nLocal Court Judge, means a Judge or acting Judge as defined in\nsection 3 of the Local Court Act 2015.\nlocal government area means an area as defined in section 7 of\nthe Local Government Act 2019.\nlocal government council means a council as defined in section 7\nof the Local Government Act 2019.\nmarriage has the meaning in section 19A(2).\nmedical practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise in the medical\nprofession (other than as a student).\nmember of the Police Force means a member of the Police Force\nappointed or holding office under the Police Administration\nAct 1978.\nminister has the meaning in section 19(1).\nMinisterial office, see section 4(1) of the Northern Territory\n(Self-Government) Act 1978 (Cth).\nmonetary unit means, during a financial year, the amount, in\ndollars, calculated for that year in accordance with the Monetary\nUnits Act 2018.\nmonth means a calendar month.\nNorthern Territory Government Account means the official ADI\naccount opened under the Financial Management Act 1995.\nnotified in the Gazette, in relation to an instrument, means that\nnotification of the making of the instrument and the following\ninformation is published in the Gazette:\n(a) the title of the Act under which the instrument is published;\n(b) the provision of the Act under which the instrument is required\nto be published that provides the power for the making of the\ninstrument;\n(c) the title of the instrument;\n(d) the date of making of the instrument.\n\nInterpretation Act 1978 14\nNTCAT means the Northern Territory Civil and Administrative\nTribunal established under section 7 of the Northern Territory Civil\nand Administrative Tribunal Act 2014.\noath means an oath made in accordance with the Oaths, Affidavits\nand Declarations Act 2010.\nOrdinance includes:\n(a) an Act; and\n(b) an Ordinance or Act of South Australia in its application to the\nParliament means the Legislative Assembly.\nparty includes a body politic and a body corporate.\npenalty unit has the same meaning as in the Penalty Units\nAct 2009.\nperson includes a body politic and a body corporate.\nNote for definition of person\nSection 24AA also deals with references to persons generally.\npolice officer means a member of the Police Force.\nprescribed means prescribed by the Act in which the word is used\nor by a statutory instrument made, granted or issued under that Act.\nproclamation means proclamation by the Administrator published\nin the Gazette.\npublic holiday means a day or part of a day specified in, or\nappointed under, the Public Holidays Act 1981 to be observed as a\npublic holiday.\npublic place includes the following:\n(a) a place to which free access is permitted to the public with the\nexpress or tacit consent of the owner or occupier of the place;\n(b) a place to which the public are admitted on payment of\nmoney;\n(c) a road, street, footway, court, alley or thoroughfare that the\npublic are allowed to use, even if the road, street, footway,\ncourt, alley or thoroughfare is on private property.\n\nInterpretation Act 1978 15\npublic sector employee means an employee within the meaning\nof the Public Sector Employment and Management Act 1993.\nreal property includes a lease of land.\nRegistrar-General means the person holding or occupying the\noffice of Registrar-General mentioned in section 5(1) of the\nRegistration Act 1927.\nregulatory offence means an offence specified in an Act or\nsubordinate legislation to be a regulatory offence.\nrevenue unit, see the Revenue Units Act 2009.\nsee, when used to define a term, means the term has the same\nmeaning as in the law or provision mentioned in that definition.\nsitting day, of the Legislative Assembly, means a day on which the\nAssembly meets.\nSpeaker means the Speaker of the Legislative Assembly.\nspouse has the meaning in section 19A(1).\nState means a State of the Commonwealth.\nstatutory corporation means a corporation, commission or\nauthority incorporated by name for a public purpose by a law of the\nTerritory, but does not include a local government council.\nstatutory declaration means a statutory declaration made in\naccordance with the Oaths, Affidavits and Declarations Act 2010.\nstatutory instrument means an instrument of a legislative or\nadministrative character.\nstepchild has the meaning in section 19A(4).\nstep-relative has the meaning in section 19A(5).\nsubordinate legislation means:\n(a) regulations, rules or by-laws to which section 63 or 63A\napplies; or\n(b) a statutory instrument that, under an Act, is an instrument to\nwhich section 63 or 63A applies.\nsummary offence, see section 3(3) of the Criminal Code.\n\nInterpretation Act 1978 16\nSupreme Court means the Supreme Court of the Northern\nTerritory of Australia established under the Supreme Court\nAct 1979.\nSupreme Court Judge means a Judge as defined in section 9(1)\nof the Supreme Court Act 1979.\ntable, in the Legislative Assembly, means to lay before the\nAssembly.\nTerritory means a Territory of the Commonwealth.\nthe Agency has the meaning in section 18A(2).\nthe Chief Executive Officer means the person holding or\noccupying the office of the Chief Executive Officer of the Agency\nadministering the provision of the Act in which the expression\noccurs.\nthe Minister has the meaning in section 19(2).\nthe Regulations means the regulations made under the Act in\nwhich the expression occurs.\nthe Territory means, according to the context, the body politic\nestablished by the Northern Territory (Self-Government)\nAct 1978 (Cth) as the Northern Territory of Australia or the\ngeographical area constituting the Northern Territory of Australia.\nthis Act includes a statutory instrument under the Act in which the\nexpression occurs.\nTreasurer means the Treasurer of the Northern Territory.\nUnder Treasurer means the Chief Executive Officer, within the\nmeaning of the Public Sector Employment and Management\nAct 1993, of the Agency administering the Financial Management\nAct 1995.\nValuer-General means the person holding or occupying the office\nof the Valuer-General mentioned in section 5(1) of the Valuation of\nLand Act 1963.\nwidow has the meaning in section 19A(2).\nwidower has the meaning in section 19A(2).\nwife has the meaning in section 19A(2).\nyear means a period of 12 months.\n\nInterpretation Act 1978 17\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Definitions to be read in context","content":"18 Definitions to be read in context\nDefinitions in or applicable to an Act apply except so far as the\ncontext or subject matter otherwise indicates or requires.\n","sortOrder":18},{"sectionNumber":"18A","sectionType":"section","heading":"References relating to an Agency","content":"18A References relating to an Agency\n(1) An Agency is a department or unit of a department, or other\nauthority or body:\n(a) nominated as an Agency in an Administrative Arrangements\nOrder; or\n(b) declared by an Act to be an Agency for the Public Sector\nEmployment and Management Act 1993 or the Financial\nManagement Act 1995.\n(2) A reference to the Agency in a provision of an Act is a reference to\nthe Agency administering the provision in which the expression\noccurs.\n(3) A reference to the Agency administering a provision of an Act or\nhaving responsibility for an area or activity of government is a\nreference to the Agency to which the administration of the provision\nor responsibility for the area or activity is allocated by an\nAdministrative Arrangements Order or Act.\n(4) A reference to a specified Agency (including a reference to an\nAgency that no longer exists) in a provision of an Act includes a\nreference to the department, authority or body to which the\nadministration of the provision is allocated by an Administrative\nArrangements Order or Act.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Ministerial references","content":"19 Ministerial references\n(1) A minister is a person holding a Ministerial office.\n(2) A reference in an Act to the Minister:\n(a) is a reference to:\n(i) the minister administering the Act in or for which the\nexpression is used; or\n(ii) if different ministers are administering the Act in different\nrespects, each of the ministers to the extent the minister\nis administering it in the relevant respect; and\n(b) includes a minister acting for the Minister.\n\nInterpretation Act 1978 18\n(3) A reference to the minister administering a provision of an Act or\nhaving responsibility for an area or activity of government is a\nreference to the minister to whom the provision or responsibility for\nthe area or activity is allocated by an Administrative Arrangements\nOrder or Act.\n(4) A reference in a provision of an Act to the Minister or a specified\nminister (including a reference to a minister that no longer exists)\nincludes a reference to the minister to whom the administration of\nthe provision is allocated by an Administrative Arrangements Order\nor Act.\n(5) If a reference is made in a provision of an Act to the Minister and\nthe administration of the provision has not been allocated to a\nminister by an Administrative Arrangements Order or Act, the\nreference is a reference to any minister.\n","sortOrder":20},{"sectionNumber":"19A","sectionType":"section","heading":"Definitions of certain domestic relationships","content":"19A Definitions of certain domestic relationships\n(1) In any Act:\nspouse, of a person, means:\n(a) a person to whom the person is validly married under the\nMarriage Act 1961 of the Commonwealth; or\n(b) if the person is an Aboriginal or Torres Strait Islander – an\nAboriginal or Torres Strait Islander to whom the person is\nmarried according to the customs and traditions of the\nparticular community of Aboriginals or Torres Strait Islanders\nwith which either person identifies.\n(2) In any Act, marriage, husband, wife, widow and widower have\nthe meanings that correspond with the meaning of spouse.\n(3) In any Act, de facto partner and de facto relationship have the\nmeanings in section 3(1) of the De Facto Relationships Act.\n(4) In any Act:\nstepchild, of a person, means a child who is:\n(a) if the person is married – a child of the person's spouse but\nnot a child of the person; or\n(b) if the person is in a de facto relationship – a child of the\nperson's de facto partner but not a child of the person.\n\nInterpretation Act 1978 19\n(5) In any Act, a reference to a step-relative of a person is read as\nhaving the meaning that corresponds with the meaning of\nstepchild.\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Construction of statutory instruments","content":"20 Construction of statutory instruments\n(1) Words, expressions and provisions in a statutory instrument have\nthe same interpretation, application and effect as they have in the\nAct under which the instrument is made, granted or issued.\n(2) A reference in a statutory instrument to the Act is a reference to the\nAct under which the instrument is made, granted or issued.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"By, under or pursuant to Act","content":"21 By, under or pursuant to Act\nIn an Act, by, under, pursuant to or in pursuance of that Act or\nanother Act means by, under, pursuant to or in pursuance of that\nAct or other Act or a statutory instrument under that Act or other\nAct.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Construction of amending Acts","content":"22 Construction of amending Acts\nWords, expressions and provisions contained in an Act amending\nanother Act shall have the same interpretation, application and\neffect as in that Act being amended.\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Parts of speech and grammatical forms","content":"23 Parts of speech and grammatical forms\nIn an Act, where a word or phrase is given a particular meaning,\nother parts of speech and grammatical forms of that word or phrase\nhave corresponding meanings.\n","sortOrder":25},{"sectionNumber":"23A","sectionType":"section","heading":"Defined words in Acts and references in other legislation","content":"23A Defined words in Acts and references in other legislation\n(1) This section applies to a word or term defined in a particular way in\nan Act if the spelling of the word, or a word in the term, is no longer\nconsistent with current legislative drafting practice.\n(2) In subordinate legislation made under that Act or in other Acts or\nsubordinate legislation, the word may be spelt in accordance with\ncurrent legislative drafting practice and, if it is so spelt, the idea\nexpressed must not be taken to be different merely because of the\nspelling.\nNote for section 23A\nIf an Act uses or defines the term \"authorized officer\" or \"authorized person\", then\nin subordinate legislation made under the Act \"authorized\" may be spelt as\n\"authorised\" without changing the idea relating to the word’s usage.\n\nInterpretation Act 1978 20\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Gender and number","content":"24 Gender and number\n(1) In an Act, any language that indicates or could be taken to indicate\na person of a particular gender or sex includes any individual,\nregardless of gender or sex.\n(2) In an Act:\n(a) words in the singular include the plural; and\n(b) words in the plural include the singular.\nExamples for section 24(2)\n1 The word \"dog\" includes the word \"dogs\".\n2 The word \"cats\" includes the word \"cat\".\n24A Range of numbers, words or other things\nIf an Act refers to a range of numbers, words or other things, the\nnumbers, words or things indicating the beginning and end of the\nrange are included in the range.\nExamples for section 24A\n1. A reference to sections 56 to 60 includes sections 56 and 60.\n2. A reference to all the words from eagle to kite includes eagle and kite.\n24AA References to persons generally\n(1) In an Act, a reference to a person generally includes a reference to\na body politic and body corporate as well as an individual.\nExamples of references to persons generally in subsection (1)\n1. anyone.\n2. no-one.\n3. party.\n4. someone.\n(2) Subsection (1) is not displaced merely because there is an express\nreference to either an individual, body politic or body corporate\nelsewhere in the Act.\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Service of documents","content":"25 Service of documents\n(1) A person may serve a document on an individual or body (the\nrecipient):\n(a) by giving it to:\n(i) if the recipient is an individual – the recipient; or\n\nInterpretation Act 1978 21\n(ii) if the recipient is a body – an executive officer of the\nbody; or\n(iii) in any case – a person authorised by the recipient to\nreceive the document; or\n(b) by sending it by prepaid post addressed to the recipient at the\nrecipient's address; or\n(c) by sending it to the recipient by fax; or\n(d) by leaving it, addressed to the recipient, at the recipient's\naddress with someone who appears to be at least 16 years\nold and appears to live or be employed there.\n(2) A document served under subsection (1)(b) is taken to be served\nwhen it would have been delivered in the ordinary course of post.\n(3) Subject to evidence to the contrary, a document served under\nsubsection (1)(c) is taken to be served when it was sent to a current\nfax number of the recipient.\n(4) A document served under subsection (1)(d) is taken to be served\nwhen it was left with the person mentioned in the subsection.\n(5) This section has effect for the service of a document whether or not\nthe word serve is used in the law providing for the service of the\ndocument.\n(6) In this section:\naddress, of a recipient, includes the latest home and business\naddresses of the recipient that are recorded for a law in force in the\nbody includes an incorporated body.\ndocument includes a notice and any other thing that may be sent\nby a method mentioned in subsection (1).\nexecutive officer, of a body, means:\n(a) for an Agency – the Chief Executive Officer of the Agency. or\n(b) otherwise – a person (however described) who is concerned\nwith, or participates in, the body's management.\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"References to writing","content":"26 References to writing\nIn an Act, words, expressions and provisions referring to writing\nshall be construed as including references to any mode of\n\nInterpretation Act 1978 22\nrepresenting or reproducing words, figures or symbols in a visible\nform whether or not an optical, electronic, mechanical or other\nmeans or process must be used before they can be perceived.\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Measurement of distance","content":"27 Measurement of distance\nIn the measurement of a distance for the purposes of an Act the\nmeasurement shall be made in a straight line in a horizontal plane.\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Reckoning of time","content":"28 Reckoning of time\n(1) If in an Act a period of time dating from a given day, act or event is\nprescribed, allowed or limited for any purpose, the time must be\nreckoned exclusive of such day or of the day of such act or event.\n(1A) If an Act provides that a period of time ends at, with or on a given\nday, act or event, the time is reckoned to include that day or the day\nof that act or event.\n(2) If the last day of any period prescribed, allowed or limited by an Act\nfor the doing of any thing falls on a Saturday, on a Sunday or on a\npublic holiday in the place in which the thing is to or may be done\n(other than a public holiday that is part of a day), the thing may be\ndone on the first day following which is not a Saturday, a Sunday or\na public holiday in that place.\n(3) In an Act, a reference to time must be read as a reference to\nstandard time declared by section 4 of the Standard Time Act 2005.\n(4) A reference in an Act to a thing existing or having effect from time\nto time is a reference to the thing existing or having effect at any\ntime.\n(5) A reference in an Act to a thing existing or having effect for the time\nbeing is a reference to the thing existing or having effect at that\ntime.\n29 24 hour clock\n(1) A reference in an Act to a time of day expressed as 4 digits in hours\nis a reference to the time after midnight that is the number of hours\n(if any) equal to the number constituted by the first and second of\nthose digits and the number of minutes (if any) less than an hour\nequal to the number constituted by the third and fourth of those\ndigits.\n\nInterpretation Act 1978 23\n(2) For the purposes of subsection (1), where the first of 2 digits\nconstituting a number of hours or a number of minutes is 0, that\nnumber of hours or number of minutes, as the case may be, shall\nbe taken to be the number constituted by the second of those\n2 digits.\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Reckoning of age","content":"30 Reckoning of age\n(1) In the reckoning of age of a person for the purposes of any Act, the\nperson must be taken to have attained a particular age on the\nrelevant anniversary of the person's birth.\n(2) Subject to subsection (3), if an Act refers to the anniversary of the\nbirth of a person, that reference must be read as a reference to the\nday on which the anniversary occurs.\n(3) If a person was born on 29 February in any year, then, in any\nsubsequent year that is not a leap year, the anniversary of the birth\nof that person is taken to be 28 February in that subsequent year.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"References to the Sovereign","content":"31 References to the Sovereign\nA reference in an Act to the Sovereign reigning at the time of the\npassing of the Act, or to the Crown, is a reference to the Sovereign\nreigning for the time being.\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"References to Administrator","content":"34 References to Administrator\n(1) Subject to this section, a provision of an Act that confers upon the\nAdministrator a power or function shall not be read as requiring,\npermitting or enabling the Administrator to exercise that power or\nperform that function except with the advice of the Executive\nCouncil.\n(2) The Administrator may, without reference to the Executive Council:\n(a) exercise a power to fix a date for the bringing into operation of\nan Act or subordinate legislation or provisions of an Act or\nsubordinate legislation; or\n(b) exercise any other power or perform any function that the\nAdministrator, with the advice of the Executive Council,\ndetermines, by notice in the Gazette, to be a power that may\nbe exercised, or a function that may be performed, as the\ncase may be, by the Administrator without reference to the\nExecutive Council.\n\nInterpretation Act 1978 24\n(3) The Administrator may, without reference to the Executive Council:\n(a) exercise any power where the exercise of that power relates\nonly to; or\n(b) perform any function where the performance of that function\nrelates only to,\nmatters in respect of which the Ministers of the Territory do not\nhave executive authority under section 35 of the Northern Territory\n(Self-Government) Act 1978 of the Commonwealth.\n","sortOrder":34},{"sectionNumber":"34A","sectionType":"section","heading":"References to Administrator in Council","content":"34A References to Administrator in Council\nA reference in an Act to the Administrator in Council shall be read\nas a reference to the Administrator, and section 34 applies\naccordingly.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Administrative Arrangements Order","content":"35 Administrative Arrangements Order\n(1) The Administrator may make an Administrative Arrangements\nOrder.\n(2) An Administrative Arrangements Order may do any of the following:\n(a) nominate a department or other authority or body as an\nAgency;\n(b) allocate to a specified minister or the minister holding a\nspecified Ministerial office:\n(i) the administration of an Act or a provision of an Act; or\n(ii) the responsibility for an area or activity of government or\na government authority or government entity; or\n(iii) responsibility for an Agency nominated under\nparagraph (a);\n(c) allocate to an Agency nominated under paragraph (a):\n(i) the administration of an Act or a provision of an Act; or\n(ii) the responsibility for an area or activity of government or\na government authority or government entity.\nNote for subsection (2)(a)\nSee the definition of Agency in sections 3(1) of the Financial Management\nAct 1995 and 3(1) of the Public Sector Employment and Management Act 1993.\n\nInterpretation Act 1978 25\n(3) For subsection (2)(b)(i):\n(a) different provisions of an Act may be administered by different\nministers; and\n(b) different ministers may administer an Act in different respects;\nand\n(c) 2 or more ministers may jointly administer the same Act or the\nsame provisions of an Act.\n(4) For subsection (3)(c), the joint administration of an Act or provisions\nof an Act does not require the ministerial function to be exercised\njointly.\n(5) The administration of any Act not allocated to a minister or an\nAgency by an Administrative Arrangements Order is allocated to\nthe minister who has, and the Agency that has, responsibility for the\narea or activity of government under the Administrative\nArrangements Order to which the subject matter of the Act most\nclosely relates.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Publication and commencement of Administrative","content":"36 Publication and commencement of Administrative\nArrangements Order\n(1) Notice of the making of an Administrative Arrangements Order must\nbe published in the Gazette.\n(2) The notice must specify where a copy of the Administrative\nArrangements Order may be obtained.\n(3) An Administrative Arrangements Order takes effect:\n(a) when notice of its making is published under subsection (1); or\n(b) at a later time specified in the Administrative Arrangements\nOrder.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"References in agreements","content":"37 References in agreements\nWhere an agreement is entered into by or on behalf of the Territory\nand, after the date of the agreement, the functions of an Agency in\nrelation to the administration of matters to which the agreement\nrelates are or have been allocated to another Agency by an\nAdministrative Arrangements Order or an Act:\n\nInterpretation Act 1978 26\n(a) a reference in the agreement to the Minister administering the\nfirst-mentioned Agency shall be read as a reference to the\nMinister administering the second-mentioned Agency or to a\nminister acting for the time being for him and on his behalf;\nand\n(b) a reference in the agreement to the first-mentioned Agency\nshall be read as a reference to the second-mentioned Agency.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"References to offices etc.","content":"38 References to offices etc.\n(1) In an Act:\n(a) a reference to an officer or office shall be construed as a\nreference to such an officer or office for the Territory; and\n(b) references to localities, jurisdictions and other matters and\nthings shall be construed as references to such localities,\njurisdictions and other matters and things in and of the\n(2) Where, in relation to a power or function, there is, in a provision of\nan Act or in an agreement entered into by or on behalf of the\nTerritory, reference to a person, an officer, an office, a body\ncorporate or a body of persons and there is no longer such a\nperson, officer, office or body, or that power or function is no longer\na power or function of that person, officer, office or body, the\nreference shall be read as including:\n(a) a reference to a person, officer, office or body for the time\nbeing having that power or function; or\n(b) if there is no person, officer, office or body for the time being\nhaving that power or function, a reference to such person,\nofficer, office or body as is specified by order of the Minister\nadministering that provision or administering the Department\nor other Agency the functions of which include the\nadministration of matters to which the provision relates; or\n(c) if there is no person, officer, office or body for the time being\nhaving that power or function, no minister administering that\nprovision and no department or other Agency with functions\nthat include the administration of matters to which the\nprovision relates, the Administrator.\n(3) Where in an Act or in an order made under subsection (2), a person\nholding or occupying a particular designation, office or position is\nmentioned or referred to in general terms, the mention or reference\nshall be read as including a reference to all persons who at any\ntime for the time being hold or occupy or perform the duties of that\n\nInterpretation Act 1978 27\ndesignation, office or position.\n","sortOrder":39},{"sectionNumber":"38A","sectionType":"section","heading":"Reference to Commonwealth ministers etc.","content":"38A Reference to Commonwealth ministers etc.\n(1) Notwithstanding section 38, where in a provision of an Act\nreference is made to a Commonwealth minister or department or to\nan office, officer, body corporate or body of persons established by\nor under an Act of the Commonwealth, that reference shall be read\nas or as including a reference to such minister, department, office,\nofficer or body, whether Commonwealth or Territory, as is\ndetermined by the Administrator by notice published in the Gazette.\n(2) Where in a provision of an Act reference is made to a\nCommonwealth minister or department and there is no longer any\nsuch minister or department and no determination has been made\nunder subsection (1), that reference shall be read as a reference to\nthe minister for the time being administering the Northern Territory\n(Self-Government) Act 1978 of the Commonwealth, or to the\ndepartment of that minister, as the case may be.\n","sortOrder":40},{"sectionNumber":"38B","sectionType":"section","heading":"Penal provisions include bodies corporate","content":"38B Penal provisions include bodies corporate\nA provision of an Act relating to offences shall be read as referring\nto bodies corporate as well as to individuals.\n","sortOrder":41},{"sectionNumber":"38C","sectionType":"section","heading":"Penalties at foot of sections and subsections","content":"38C Penalties at foot of sections and subsections\n(1) The penalty, pecuniary or otherwise, set out:\n(a) at the foot of a section; or\n(b) at the foot of a subsection,\nof an Act indicates that a contravention of the section or of the\nsubsection respectively, is an offence against the Act punishable on\na finding of guilt by a penalty not exceeding the penalty so set out.\n(1AA) Subsection (1) applies regardless of whether the penalty is\nexpressed as a maximum penalty.\n(1A) For subsection (1), a penalty is taken to be at the foot of a section\nor subsection even if an example or note appears after the penalty.\n(2) A penalty set out as provided in subsection (1) which is expressed\nto apply only to a part of the section or subsection applies\naccording to the tenor of the provision.\n\nInterpretation Act 1978 28\n(3) In this section section includes a rule, regulation or by-law and\nsubsection has a corresponding meaning.\n38DC Body corporate fines under provision authorising subordinate\nlegislation\n(1) This section applies to a provision of an Act authorising a maximum\nfine for an offence that may be imposed under subordinate\nlegislation under the Act only if the provision does not expressly\nauthorise a maximum fine for a body corporate different from the\nmaximum fine for an individual.\n(2) The maximum fine is taken only to be the maximum fine for an\nindividual that may be imposed under the subordinate legislation.\n(3) The maximum fine for a body corporate that may be imposed under\nthe subordinate legislation is taken to be 5 times the maximum fine\nfor an individual.\n","sortOrder":42},{"sectionNumber":"38F","sectionType":"section","heading":"Penalties for breach of subordinate legislation","content":"38F Penalties for breach of subordinate legislation\n(1) Subordinate legislation may prescribe a fine for an offence against\nthe legislation.\n(2) The fine prescribed must not exceed 100 penalty units.\nNote for subsection (2)\nBecause of section 38DC, the maximum fine for a body corporate that may be\nimposed under the subordinate legislation is 500 penalty units.\n(3) This section has effect subject to the Act under which the legislation\nis made.\n","sortOrder":43},{"sectionNumber":"38G","sectionType":"section","heading":"Civil penalties","content":"38G Civil penalties\nIn an Act, a reference to a civil penalty (however described) being\nimposed or required to be paid for a contravention of a provision of\nthe Act indicates that the contravention may lead to a penalty being\nimposed not exceeding the penalty specified in, or prescribed for\nthe purposes of, the provision.\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Confirmation of appointments not required","content":"39 Confirmation of appointments not required\nAn appointment or other exercise of a power does not cease to\nhave effect or need to be confirmed by reason only that the person\nmaking the appointment or exercising the power has ceased to hold\noffice or otherwise to be capable of exercising the power.\n\nInterpretation Act 1978 29\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Continuing to act during vacancy in office","content":"40 Continuing to act during vacancy in office\n(1) If a person is acting in an office (including a Ministerial office) during\nthe absence or inability of the office-holder and, for any reason, the\noffice-holder ceases to hold the office, the person acting may\ncontinue to act in the office until the earlier of the following:\n(a) the lawful revocation of the person's authority to act;\n(b) 1 year after the office-holder ceased to hold office.\n(2) In this section:\nacting in an office includes performing the duties of the office.\noffice includes a position and a designation.\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Occasions for exercise of powers etc.","content":"41 Occasions for exercise of powers etc.\n(1) Where an Act confers a power or imposes a duty, the power may\nbe exercised and the duty shall be performed from time to time as\noccasion requires.\n(2) Where an Act confers a power or imposes a duty on the holder of\nan office or the occupier of a position or designation as such, the\npower may be exercised and the duty shall be performed by the\nperson for the time being holding or occupying or performing the\nduties of the office, position or designation.\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"How power may be exercised","content":"42 How power may be exercised\n(1) A power under an Act to make, grant or issue a statutory instrument\nmay be exercised:\n(a) in whole or in part;\n(b) so that it is subject to any conditions, limitations or\nqualifications specified in the instrument;\n(c) to make different provision in relation to different matters or\nclasses of matters; or\n(d) to apply differently by reference to exceptions or factors\nspecified in the instrument.\n(2) The power is not limited to making provision in relation to a\nparticular matter or a particular aspect of a matter merely because\nthe Act makes provision in relation to another matter or another\naspect of the matter.\n\nInterpretation Act 1978 30\n(4) This section applies in relation to a power whether exercised before\nor after the commencement of this section.\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Power to take action or make statutory instrument includes","content":"43 Power to take action or make statutory instrument includes\npower to revoke, amend etc.\nA power under an Act to take an action or to make, grant or issue a\nstatutory instrument includes a power, exercisable in the same\nmanner and subject to the same conditions, to repeal, rescind,\nrevoke, amend or vary the action or instrument.\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Power to appoint includes power to remove","content":"44 Power to appoint includes power to remove\n(1) Subject to subsection (3), where an Act confers on any person or\nauthority a power to make appointments to any office or position,\nthe power shall be construed as including a power to terminate\nsuch an appointment or to remove or suspend any person\nappointed.\n(3) Where a power to make appointments to an office or position is\nexercisable only upon the recommendation or subject to the\napproval or consent of some other person or authority, the power of\ntermination or removal referred to in subsection (1) is exercisable\nonly upon the recommendation or subject to the approval or\nconsent of that other person or authority.\n","sortOrder":50},{"sectionNumber":"44A","sectionType":"section","heading":"Acting appointment","content":"44A Acting appointment\nIf an Act authorises or requires a person or authority (the\nappointer) to appoint a person to an office or position, the\nappointer may appoint a person, or 2 or more people, to act in the\noffice or position:\n(a) during a vacancy, or all vacancies, in the office or position\nwhether or not an appointment has previously been made to\nthe office or position; or\n(b) during any period, or all periods, when the holder of the office\nor position is unable to perform the duties of the office or\nposition.\n","sortOrder":51},{"sectionNumber":"46","sectionType":"section","heading":"Power to authorise another person to exercise power or","content":"46 Power to authorise another person to exercise power or\nperform function\n(1) If an Act or a statutory instrument confers a function or power on a\nminister or other person (whether by reference to an office or\notherwise), the function or power may be performed or exercised:\n(a) for a minister – by a person who has the authority of the\nminister; or\n\nInterpretation Act 1978 31\n(b) otherwise – by a person who, with the approval of the minister\nadministering the provision conferring the function or power, or\nof a person authorised by that minister to give that approval,\nhas the authority of the person on whom the function or power\nis conferred.\nNote for subsection (1)\nSee subsection (7) for functions and powers to which this section does not apply.\n(2) Subsection (1) does not empower the exercise of a power or the\nperformance of a function by the authority of a person where that\nauthority is not evidenced in a written instrument.\n(3) Authority may be conferred pursuant to subsection (1) on:\n(a) a person by name;\n(b) a person by reference to the office, position or designation\nheld or occupied by the person; or\n(c) a person from time to time holding, acting in or performing the\nduties of a named office, designation or position.\n(5) The conferring of authority by an instrument under this section does\nnot prevent the exercise of the power or the performance of the\nfunction by the person conferring the authority or by another person\non whom authority to exercise the power or perform the function is\nconferred.\n(6) The performance of a function or exercise of a power by the\nauthority of a person under this section is subject to any conditions\nand limitations specified in the instrument conferring the authority.\n(7) This section does not apply to:\n(a) a function or power of a legislative or judicial nature; or\n(b) a function or power relating to:\n(i) the investigation or detection of offences or other\nunlawful acts; or\n(ii) the grant or the defeasance or forfeiture of a right or title\nto land.\n\nInterpretation Act 1978 32\n","sortOrder":52},{"sectionNumber":"46A","sectionType":"section","heading":"Power of delegation","content":"46A Power of delegation\n(1) A provision of an Act that confers a power to delegate a power or\nfunction on a person (whether by reference to an office,\ndesignation, position or otherwise) is to be construed as conferring\non the person a power to delegate the power or function to:\n(a) a person by name;\n(b) a person by reference to the office, position or designation\nheld or occupied by the person; or\n(c) a person from time to time holding, acting in or performing the\nduties of a named office, designation or position.\n(2) A provision of an Act that confers a power to delegate a power or\nfunction is not to be construed as including the power to delegate\nthat power of delegation.\n(3) If a power or function is delegated under an Act, the power or\nfunction is, when exercised or performed by the delegate, to be\ntaken to be exercised or performed by the person who delegated it.\n(4) The delegation of the power or function under an Act does not\nprevent the exercise of the power or the performance of the\nfunction by the person who delegated it.\n","sortOrder":53},{"sectionNumber":"48","sectionType":"section","heading":"Discretions","content":"48 Discretions\nWhere, under an Act, the exercise of a power or the performance of\na function by a person is dependent upon the opinion, belief or\nstate of mind of that person in relation to a matter, that power may\nbe exercised or that function may be performed by a delegate or by\nauthority of that person upon the opinion, belief or state of mind of\nthe delegate or authorized person in relation to that matter.\n","sortOrder":54},{"sectionNumber":"48A","sectionType":"section","heading":"Participation in meetings by telephone etc.","content":"48A Participation in meetings by telephone etc.\n(1) This section applies to a body (whether or not incorporated)\nestablished by an Act if the Act requires or permits meetings of the\nmembers of the body to be held.\n(2) The body may permit its members to participate in a meeting or all\nmeetings by:\n(a) telephone; or\n(b) exchange of emails; or\n(c) online facilities; or\n\nInterpretation Act 1978 33\n(d) any other means of communication.\n(3) A member who participates in a meeting under a permission under\nsubsection (2) is taken to be present at the meeting.\n","sortOrder":55},{"sectionNumber":"48B","sectionType":"section","heading":"Power to correct minor errors","content":"48B Power to correct minor errors\n(1) Where a decision made in proceedings before a person or body\nauthorised by or under an Act to hear and determine a matter\ncontains:\n(a) a clerical mistake;\n(b) an error arising from an accidental slip or omission;\n(c) a material miscalculation of figures or a material mistake in the\ndescription of a person, thing or matter referred to in the\ndecision; or\n(d) a defect of form,\nthe decision maker, of his or her own motion or on application by a\nparty to the proceeding, may correct the decision.\n(2) In this section decision includes a judgment, order and\ndetermination, and the reasons for a decision.\n","sortOrder":56},{"sectionNumber":"49","sectionType":"section","heading":"Citation","content":"49 Citation\n(1) An Act may be cited in any of the following ways:\n(a) by its short title including the year of enactment;\n(b) by reference to its number and the calendar year in which it\nreceived assent.\n(2) A provision of an Act may be cited by reference to the part, section,\nsubsection or other division of the Act in which the provision is\ncontained.\n(3) A reference mentioned in subsection (2) must be made according\nto the copy of the Act printed or purporting to be printed by the\nGovernment Printer.\n","sortOrder":57},{"sectionNumber":"50","sectionType":"section","heading":"References to other legislation","content":"50 References to other legislation\n(1) A reference in an Act to other legislation is a reference to the other\nlegislation as amended from time to time.\n\nInterpretation Act 1978 34\n(2) If a provision of an Act amends another Act, a reference in the\nprovision to the other Act is a reference to the other Act as in force\nimmediately before the commencement of the provision.\n","sortOrder":58},{"sectionNumber":"51","sectionType":"section","heading":"Reference to Act includes reference to statutory instruments","content":"51 Reference to Act includes reference to statutory instruments\nunder Act\n(1) In an Act, a reference (either generally or specifically) to a law or\nstatutory instrument, or a provision of a law or statutory instrument,\nincludes a reference to the statutory instruments in force under the\nlaw, instrument or provision.\n(2) In this section:\nlaw includes an Act of the Commonwealth or a State or Territory.\n","sortOrder":59},{"sectionNumber":"52","sectionType":"section","heading":"References to Imperial, Commonwealth and State Acts","content":"52 References to Imperial, Commonwealth and State Acts\nAn Imperial Act, a Commonwealth Act or an Act of a State or\nanother Territory of Australia may be cited by a reference to the\nplace by the Parliament of which the Act was passed together with\nsuch mode of reference as is sufficient in Acts passed by that\nParliament and, where it is so cited and that Act is subsequently\namended, the reference shall, from the date of the amendment, be\ndeemed to be to that Act as so amended.\n","sortOrder":60},{"sectionNumber":"53","sectionType":"section","heading":"References in an Act to provisions of that Act","content":"53 References in an Act to provisions of that Act\n(1) A reference in an Act to a Part, section or Schedule shall be read\nas a reference to a Part or section of, or a Schedule to, that Act.\n(2) A reference in a Part of an Act to a Division shall be read as a\nreference to a Division of that Part.\n(3) A reference in a section of an Act to a subsection or paragraph\nshall be read as a reference to a subsection or paragraph of that\nsection.\n(4) A reference in a subsection of a section of an Act to a paragraph\nshall be read as a reference to a paragraph of that subsection.\n(5) A reference in a paragraph of a section, or of a subsection of a\nsection, of an Act to a subparagraph shall be read as a reference to\na subparagraph of that paragraph.\n(6) A reference in a Schedule, or part of a Schedule, to an Act to a\nform, paragraph, item or clause, shall be read as a reference to a\nform, paragraph, item or clause of that Schedule or part.\n\nInterpretation Act 1978 35\n(7) A reference to a form in an Act the Schedule to which or only one of\nthe Schedules to which contains a form or forms shall be read as a\nreference to a form in that Schedule.\n","sortOrder":61},{"sectionNumber":"54","sectionType":"section","heading":"Every section a substantive enactment","content":"54 Every section a substantive enactment\nEvery section of an Act shall have effect as a substantive\nenactment without introducing words.\n","sortOrder":62},{"sectionNumber":"55","sectionType":"section","heading":"Material that is, and is not, part of an Act","content":"55 Material that is, and is not, part of an Act\n(1) A heading to a Chapter, Part, Division or Subdivision of an Act is\npart of the Act.\n(2) A heading to a section of an Act is part of the Act if:\n(a) the Act is enacted after 1 July 2006; or\n(b) the heading is amended or inserted after 1 July 2006.\n(3) Subsection (2) does not prevent the amendment of a heading to a\nsection by an Act.\n(4) An example or note in the text of an Act is part of the provision of\nthe Act to which it relates.\n(5) A Schedule to an Act is part of the Act.\n(6) A marginal note, footnote, endnote or any other note that is not part\nof the text of the Act is not part of the Act.\n","sortOrder":63},{"sectionNumber":"56","sectionType":"section","heading":"Numbering of Acts","content":"56 Numbering of Acts\n(1) The Acts which receive assent in each calendar year shall be\nnumbered in regular arithmetical series, beginning with the number\none, in the order in which they receive assent.\n(2) For the purposes of subsection (1), an Act which receives the\nGovernor-General's assent is deemed to receive assent on the day\nupon which notification that the Governor-General has assented to\nthe Act is published in the Gazette.\n","sortOrder":64},{"sectionNumber":"57","sectionType":"section","heading":"Numbering of subordinate legislation","content":"57 Numbering of subordinate legislation\n(1) This section applies to subordinate legislation other than:\n(a) rules of court that relate only to dates of sittings of a court; or\n(b) by-laws made by the Commissioner for Public Employment\nunder the Public Sector Employment and Management\nAct 1993; or\n\nInterpretation Act 1978 36\n(c) subordinate legislation that expressly provides this section\ndoes not apply to it.\n(2) Subordinate legislation made in each calendar year must be\nnumbered in regular arithmetical series, beginning with the number\none, as close as possible to the order in which it is made.\n(3) Subordinate legislation may, without prejudice to any other method\nof citation, be cited by the number given to it and the calendar year\nin which it is made.\n","sortOrder":65},{"sectionNumber":"57A","sectionType":"section","heading":"Amendment of instruments by Act","content":"57A Amendment of instruments by Act\n(1) If a statutory instrument under an Act (the parent Act) has been\namended by an Act, the instrument may be amended, varied,\nrepealed, rescinded or revoked by a statutory instrument under the\nparent Act.\n(2) Subsection (1) applies in relation to amendments effected before or\nafter the commencement of this section.\n","sortOrder":66},{"sectionNumber":"57B","sectionType":"section","heading":"Definitions automatically inserted in alphabetical order","content":"57B Definitions automatically inserted in alphabetical order\nIf an Act amends a provision of another Act that contains definitions\nby inserting another definition in that provision but does not specify\nwhere in that provision the definition is to be inserted, it is taken to\nbe inserted in alphabetical order.\n","sortOrder":67},{"sectionNumber":"58","sectionType":"section","heading":"Amending act to be construed with amended Act","content":"58 Amending act to be construed with amended Act\nAn Act amending another Act or a law of the State of South\nAustralia in its application to the Territory shall be construed with\nthat other Act or law of the State and as part thereof.\n","sortOrder":68},{"sectionNumber":"59","sectionType":"section","heading":"Act to be construed subject to power","content":"59 Act to be construed subject to power\nEvery Act shall be read and construed subject to the Northern\nTerritory (Self-Government) Act 1978 of the Commonwealth and\nany other Act of the Commonwealth relating to the power of the\nLegislative Assembly to make laws in respect of particular matters,\nand so as not to exceed the legislative power of the Legislative\nAssembly, to the intent that where any Act would, but for this\nsection, have been construed as being in excess of that power it\nshall nevertheless be a valid Act to the extent to which it is not in\nexcess of that power.\n\nInterpretation Act 1978 37\n","sortOrder":69},{"sectionNumber":"59A","sectionType":"section","heading":"Public places etc. on Aboriginal land","content":"59A Public places etc. on Aboriginal land\n(1) Where by or under a law of the Territory a right, privilege, obligation\nor liability is expressed or implied to be acquired, accrued or\nincurred by reference to a public place, public street, public road,\nplace of public resort or other place, however described, open to or\nused by the public or to which the public has access, whether as of\nright or on the payment of a fee or other charge, that reference\nincludes, and shall be deemed always to have included, any place\nwhich but for the fact that it was on Aboriginal land within the\nmeaning of the Aboriginal Land Rights (Northern Territory) Act 1976\nof the Commonwealth, would have been included in such a\nreference, and even though that Act of the Commonwealth or the\nAboriginal Land Act 1978 limits the persons or classes of persons\nwho may enter and remain on that Aboriginal land.\n(2) For the purposes of a law of the Territory referred to in\nsubsection (1), the persons who are not precluded by the Aboriginal\nLand Rights (Northern Territory) Act 1976 of the Commonwealth or\nthe Aboriginal Land Act 1978 from entering or remaining on\nAboriginal land, or who are on Aboriginal land whether or not they\nare entitled by those Acts, or either of them, to enter or remain on\nAboriginal land, are capable of constituting, and shall be deemed\nalways to have been capable of constituting, a section of the public\nin relation to that land.\n","sortOrder":70},{"sectionNumber":"61","sectionType":"section","heading":"Construction of statutory instruments","content":"61 Construction of statutory instruments\n(1) If an Act confers upon any authority power to make, grant or issue a\nstatutory instrument, any instrument so made, granted or issued\nshall be read and construed subject to the Act under which it was\nmade and so as not to exceed the power of that authority, to the\nintent that, where any such instrument would, but for this section,\nhave been construed as being in excess of the power conferred\nupon that authority, it shall nevertheless be a valid instrument to the\nextent to which it is not in excess of that power.\n(2) It is presumed, unless the contrary is proved, that all conditions and\nsteps required for the making, granting or issuing of a statutory\ninstrument have been satisfied and carried out.\n","sortOrder":71},{"sectionNumber":"62","sectionType":"section","heading":"Construction of resolutions of Legislative Assembly","content":"62 Construction of resolutions of Legislative Assembly\nWhere a resolution is passed by the Legislative Assembly\npurportedly in pursuance of an Act, the resolution shall be read and\nconstrued subject to the Northern Territory (Self-Government)\nAct 1978 of the Commonwealth and to the Act in pursuance of\nwhich it purports to have been passed, to the intent that, where the\nresolution would, but for this section, have been construed as being\n\nInterpretation Act 1978 38\nin excess of authority, it shall, nevertheless, be a valid resolution to\nthe extent to which it is not in excess of authority.\n","sortOrder":72},{"sectionNumber":"62A","sectionType":"section","heading":"Regard to be had to purpose or object of Act","content":"62A Regard to be had to purpose or object of Act\nIn interpreting a provision of an Act, a construction that promotes\nthe purpose or object underlying the Act (whether the purpose or\nobject is expressly stated in the Act or not) is to be preferred to a\nconstruction that does not promote the purpose or object.\n","sortOrder":73},{"sectionNumber":"62B","sectionType":"section","heading":"Use of extrinsic material in interpreting Act","content":"62B Use of extrinsic material in interpreting Act\n(1) In interpreting a provision of an Act, if material not forming part of\nthe Act is capable of assisting in ascertaining the meaning of the\nprovision, the material may be considered:\n(a) to confirm that the meaning of the provision is the ordinary\nmeaning conveyed by the text of the provision taking into\naccount its context in the Act and the purpose or object\nunderlying the Act; or\n(b) to determine the meaning of the provision when:\n(i) the provision is ambiguous or obscure; or\n(ii) the ordinary meaning conveyed by the text of the\nprovision taking into account its context in the Act and\nthe purpose or object underlying the Act leads to a result\nthat is manifestly absurd or is unreasonable.\n(2) Without limiting subsection (1), the material that may be considered\nin interpreting a provision of an Act includes the following:\n(a) all matters not forming part of the Act that are set out in the\ndocument containing the text of the Act as printed by the\nGovernment Printer;\n(b) any relevant report of a Royal Commission, Law Reform\nCommission, committee of inquiry or other similar body that\nwas laid before the Legislative Assembly before the time when\nthe provision was enacted;\n(c) any relevant report of a committee of the Legislative Assembly\nthat was made to the Legislative Assembly before the time\nwhen the provision was enacted;\n(d) any treaty or other international agreement that is referred to\nin the Act;\n\nInterpretation Act 1978 39\n(e) any explanatory memorandum relating to the Bill containing\nthe provision, or any other relevant document, that was laid\nbefore, or furnished to the members of the Legislative\nAssembly by a Minister or other Member before the time when\nthe provision was enacted;\n(f) any explanatory speech or statement given by a Minister or\nother Member to the Legislative Assembly on introducing the\nBill;\n(g) any document (whether or not a document to which a\npreceding paragraph applies) that is declared by the Act to be\na relevant document for the purposes of this section;\n(h) any relevant material in any official record of debates in the\nLegislative Assembly.\n","sortOrder":74},{"sectionNumber":"62C","sectionType":"section","heading":"Changes in drafting practice do not affect meaning","content":"62C Changes in drafting practice do not affect meaning\n(1) Subsection (2) applies if:\n(a) a provision of an Act expresses an idea in particular words;\nand\n(b) a provision of the Act enacted later appears to express the\nsame idea in different words for the purpose of implementing a\ndifferent legislative drafting practice.\n(2) The ideas must not be taken to be different merely because\ndifferent words are used.\n","sortOrder":75},{"sectionNumber":"62D","sectionType":"section","heading":"Examples","content":"62D Examples\nIf a provision of an Act includes an example:\n(a) the example is not exhaustive;\n(b) the example does not limit or extend the meaning of the\nprovision; and\n(c) if the example is inconsistent with the provision, the provision\nprevails to the extent of the inconsistency.\n","sortOrder":76},{"sectionNumber":"62E","sectionType":"section","heading":"Notes","content":"62E Notes\n(1) A note at the foot of a provision:\n(a) is not exhaustive; and\n(b) does not limit or extend the meaning of the provision.\n\nInterpretation Act 1978 40\n(2) If a note at the foot of a provision is inconsistent with the provision,\nthe provision prevails to the extent of the inconsistency.\n","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"Procedure for making regulations","content":"63 Procedure for making regulations\nIf an Act contains a power to make regulations, a regulation made\nunder that power must:\n(a) as soon as practicable after it is made:\n(i) be published on the legislation website; and\n(ii) be notified in the Gazette; and\n(b) within 6 sitting days after it is made, be tabled in the\nLegislative Assembly.\n","sortOrder":78},{"sectionNumber":"63A","sectionType":"section","heading":"Procedure for making rules or by-laws","content":"63A Procedure for making rules or by-laws\n(1) If an Act contains a power to make rules or by-laws, a rule or by-law\nmade under that power must be:\n(a) signed by:\n(i) the person making it; or\n(ii) if the person making it is a statutory corporation or a\nlocal government council – a person authorised by the\ncorporation or council to sign it; and\n(b) once signed, given to the minister administering the provision\ncontaining the power.\n(2) Subject to this section, if a signed rule or by-law is given to a\nminister under subsection (1), that minister must:\n(a) as soon as practicable after it is made, cause it to be:\n(i) published; and\n(ii) notified in the Gazette; and\n(b) within 6 sitting days after it is notified in the Gazette, cause it\nto be tabled in the Legislative Assembly.\n\nInterpretation Act 1978 41\n(3) If a rule or by-law is given to a minister under subsection (1)(b), the\nminister may, before is it notified in the Gazette, return it to the\nperson who signed it with a request for any amendment the minister\nrecommends.\n(4) If a minister returns a rule or by-law under subsection (3), the\nperson making the rule or by-law must:\n(a) consider the amendment; and\n(b) give the rule or by-law, signed in accordance with\nsubsection (1)(a), to the minister, with or without the\namendment included.\n(5) Subsection (2) applies to a rule or by-law given to the minister\nunder subsection (4)(b).\n(6) Subsection (1)(b) does not apply to a by-law made under the Unit\nTitle Schemes Act 2009 or the Unit Titles Act 1975.\n","sortOrder":79},{"sectionNumber":"63B","sectionType":"section","heading":"Commencement of subordinate legislation","content":"63B Commencement of subordinate legislation\n(1) Subordinate legislation commences on the day specified or\nprovided for in the subordinate legislation.\n(2) Subordinate legislation may be specified to commence:\n(a) subject to subsection (3), on a particular day or on a number\nof different days; or\n(b) on the happening of a particular event or events.\nExamples for subsection (2)(b)\n1 On the commencement of a section of an Act.\n2 On the day after the day on which it is notified in the Gazette under\nsection 63A(2)(a)(ii).\n(3) Subordinate legislation must not be specified to commence or to\ntake effect on a day that is before the day it is made, unless the Act\nunder which it is made expressly provides for commencement or\ntaking effect on a day before it is made.\n(4) A provision of subordinate legislation made in contravention of\nsubsection (3) is of no effect.\n(5) If subordinate legislation does not specify or provide for its\ncommencement, or the commencement of any provision, the\nsubordinate legislation or the provision of the subordinate\nlegislation commences on the day after the day on which it is made.\n\nInterpretation Act 1978 42\n(6) Despite subsection (5), a rule or by-law that does not specify or\nprovide for its commencement and that is not published or to be\npublished on the legislation website commences on the day on\nwhich it is notified in the Gazette.\n","sortOrder":80},{"sectionNumber":"63C","sectionType":"section","heading":"Tabling and disallowance requirements","content":"63C Tabling and disallowance requirements\n(1) A failure to table subordinate legislation in the Legislative Assembly\ndoes not affect the validity of the subordinate legislation, but may\nbe the subject of a referral by the Assembly to the committee\nresponsible for the examination of instruments of a legislative\ncharacter or another committee of the Assembly.\n(2) The Legislative Assembly may pass a resolution disallowing\nsubordinate legislation, or specified provisions of it, that is required\nto be tabled under this Division, whether or not it has been tabled.\n(3) Notice of a resolution referred to in subsection (2) must be given\nwithin:\n(a) in the case of subordinate legislation that is tabled in\naccordance with section 63(b) or 63A(2)(b) – 12 sitting days\nafter the subordinate legislation is tabled; or\n(b) in the case of subordinate legislation that has not been tabled\nin accordance with section 63(b) or 63A(2)(b) – 12 sitting days\nafter the last sitting day the subordinate legislation was\nrequired to be tabled.\n(4) Subject to subsection (5), disallowance under this section has the\nsame effect as a repeal of the subordinate legislation or specified\nprovisions of it.\n(5) If a provision of disallowed subordinate legislation (the disallowed\nprovision) amended or repealed a provision of other subordinate\nlegislation, the disallowance revives the other provision from the\ndate of the disallowance as if the disallowed provision had not been\nmade.\n","sortOrder":81},{"sectionNumber":"64","sectionType":"section","heading":"Subordinate legislation not to be made in terms of disallowed","content":"64 Subordinate legislation not to be made in terms of disallowed\nsubordinate legislation\n(1) This section applies if, under section 63C, the Legislative Assembly\npasses a resolution disallowing subordinate legislation or provisions\nof subordinate legislation (the disallowed legislation).\n\nInterpretation Act 1978 43\n(2) Subordinate legislation or provisions of subordinate legislation that\nis the same in substance or has the same effect as the disallowed\nlegislation must not be made within 6 months after the disallowance\nunless the Legislative Assembly rescinds the resolution for\ndisallowance.\n(3) Subordinate legislation or provisions of subordinate legislation\nmade in contravention of subsection (2) is of no effect.\n","sortOrder":82},{"sectionNumber":"65","sectionType":"section","heading":"Power to make subordinate legislation","content":"65 Power to make subordinate legislation\n(1) If an Act authorises or requires the making of subordinate\nlegislation under the Act, the power enables subordinate legislation\nto be made with respect to any matter that:\n(a) is required or permitted to be prescribed by the Act; or\n(b) is necessary or convenient to be prescribed for carrying out or\ngiving effect to the Act.\n(2) Subsection (1) applies even though the Act also authorises the\nmaking of subordinate legislation for a particular purpose.\n(3) Power conferred by the Act to make subordinate legislation for a\nparticular purpose is in addition to, and does not limit the effect of,\npower conferred by the Act to make subordinate legislation under\nthe Act unless the Act expressly provides otherwise.\n","sortOrder":83},{"sectionNumber":"65A","sectionType":"section","heading":"Subordinate legislation may prohibit","content":"65A Subordinate legislation may prohibit\nIf an Act authorises or requires a matter to be regulated by\nsubordinate legislation, the power may be exercised by prohibiting\nby subordinate legislation the matter or any aspect of the matter.\n","sortOrder":84},{"sectionNumber":"65B","sectionType":"section","heading":"Subordinate legislation may provide for review or appeal","content":"65B Subordinate legislation may provide for review or appeal\n(1) Subordinate legislation may provide for the review of, or a right of\nappeal against, a decision made under the legislation or the Act\nunder which the legislation is made or in force.\n(2) For subsection (1), the subordinate legislation may confer\njurisdiction on any court, tribunal, person or body.\n\nInterpretation Act 1978 44\n","sortOrder":85},{"sectionNumber":"65C","sectionType":"section","heading":"Subordinate legislation may provide for exemption, waiver or","content":"65C Subordinate legislation may provide for exemption, waiver or\nrefund of fees\nIf a power is conferred under an Act for subordinate legislation to\nprescribe a fee, the power includes power to provide for the\nfollowing:\n(a) the exemption from payment of the fee;\n(b) the waiver (wholly or partly) of the fee;\n(c) the refund (wholly or partly) of the fee.\n","sortOrder":86},{"sectionNumber":"65D","sectionType":"section","heading":"Subordinate legislation may provide for infringement notice","content":"65D Subordinate legislation may provide for infringement notice\noffences\nIf an Act authorises the making of subordinate legislation under the\nAct, the power enables subordinate legislation to be made providing\nfor:\n(a) the payment of a prescribed amount instead of a penalty that\nmay otherwise be imposed for an offence against the Act or\nthe subordinate legislation; and\n(b) the service of a notice relating to payment of the amount on a\nperson alleged to have committed the offence; and\n(c) the particulars to be included in the notice.\n","sortOrder":87},{"sectionNumber":"65E","sectionType":"section","heading":"Statutory instrument may require making of statutory","content":"65E Statutory instrument may require making of statutory\ndeclaration\n(1) If an Act gives power to make, grant or issue a statutory instrument,\nthe instrument may require the making of a statutory declaration.\n(2) Subsection (1) applies:\n(a) whether or not the Act authorises or requires penalties to be\nprescribed by instrument; and\n(b) if the Act authorises or requires penalties to be prescribed by\ninstrument not exceeding a specified amount or period of\nimprisonment.\n","sortOrder":88},{"sectionNumber":"65F","sectionType":"section","heading":"Simultaneous actions","content":"65F Simultaneous actions\n(1) If the effect of a statutory instrument is to substitute an action\n(action A) for another action (action B) that is being revoked at the\nsame time, action A is taken to have occurred after the revocation\nof action B and is therefore not ineffective by reason of the\n\nInterpretation Act 1978 45\nrevocation not having commenced before the substitution.\n(2) If a series of actions has effect simultaneously, the actions are\ntaken to have effect in the sequence that is indicated or as the\nnature of the case requires.\nExample for section 65F\nA statutory instrument that revokes the appointment of a person and appoints\nanother person to the same position is taken to have effect in sequence.\n","sortOrder":89},{"sectionNumber":"66","sectionType":"section","heading":"Prescribing matters by reference to other instruments","content":"66 Prescribing matters by reference to other instruments\nWhere an Act confers upon an authority power to make, grant or\nissue a statutory instrument, then any instrument so made, granted\nor issued may apply, adopt or incorporate, with or without\nmodification:\n(a) the provisions of any Territory or Commonwealth Act, or of a\nstatutory instrument under such an Act, as in force at a\nparticular time or as in force from time to time; or\n(b) any matter contained in any other instrument or writing as in\nforce or existing at the time when the first-mentioned\ninstrument takes effect,\nbut a statutory instrument must not, except as provided by this\nsection, make provision for or in relation to a matter by applying,\nadopting or incorporating any matter contained in an instrument or\nother writing as in force or existing from time to time.\n","sortOrder":90},{"sectionNumber":"66A","sectionType":"section","heading":"Gazette publication requirements","content":"66A Gazette publication requirements\n(1) If an Act requires a statutory instrument to be published in the\nGazette, it is sufficient compliance with the requirement if:\n(a) the instrument is notified in the Gazette; and\n(b) the notification under paragraph (a) states the place where\ncopies of the instrument may be purchased or obtained.\n(2) The place under subsection (1)(b) may be a website or another\npublicly accessible electronic format.\n\nInterpretation Act 1978 46\n","sortOrder":91},{"sectionNumber":"67","sectionType":"section","heading":"Tabling documents in Legislative Assembly","content":"67 Tabling documents in Legislative Assembly\n(1) A document is tabled in the Legislative Assembly under an Act if\nthe document is:\n(a) tabled in the Assembly under the Standing Orders of the\nAssembly; or\n(b) delivered to the Clerk of the Assembly and recorded in the\nMinutes of Proceedings of the Assembly.\n(2) The document must be tabled under subsection (1) within the\nperiod specified in the Act.\n(3) If the Act provides for a specified person to table the document, the\ndocument may be tabled by anyone acting for the person.\n(4) In this section:\nAct includes the Northern Territory (Self-Government)\nAct 1978 (Cth).\ndocument includes a report and a statutory instrument.\n","sortOrder":92},{"sectionNumber":"68","sectionType":"section","heading":"Compliance with forms","content":"68 Compliance with forms\nStrict compliance with the forms prescribed by or under an Act is\nnot necessary and substantial compliance, or such compliance as\nthe circumstances of a particular case allow, is sufficient.\n","sortOrder":93},{"sectionNumber":"69","sectionType":"section","heading":"Civil proceedings","content":"69 Civil proceedings\nIf money is due under an Act, the money is recoverable in a court or\ntribunal having, in the Territory, civil jurisdiction to the extent of the\namount due.\n","sortOrder":94},{"sectionNumber":"70","sectionType":"section","heading":"Powers of persons authorised to adjudicate","content":"70 Powers of persons authorised to adjudicate\nA court, judge, justice of the peace, officer, commissioner, arbitrator\nor other person or body authorised by law or consent of parties to\nhear and determine any matter, has authority to receive evidence\nand examine on oath any witness appearing before the court,\nperson or body.\n","sortOrder":95},{"sectionNumber":"71","sectionType":"section","heading":"Amendment in same session","content":"71 Amendment in same session\nAn Act may be amended or repealed in the session of the\nLegislative Assembly in which it was passed.\n\nInterpretation Act 1978 47\n","sortOrder":96},{"sectionNumber":"72","sectionType":"section","heading":"Sunday observance","content":"72 Sunday observance\n(1) It is hereby declared that all laws and statutes of England, to the\nextent that they relate to the observance of or actions that are\npermitted to be carried out or prohibited on a Sunday (however\ndescribed), have no force or effect in the Territory.\n(2) Except as provided by or under a law of the Territory or of the\nCommonwealth, it is lawful to do any act on a Sunday if the act\nwould be otherwise lawful.\n","sortOrder":97},{"sectionNumber":"72A","sectionType":"section","heading":"Meaning of reprint","content":"72A Meaning of reprint\nIn this Part:\nlegislation means an Act or subordinate legislation.\nreprint, of legislation, means a consolidated copy of the legislation\npublished by the Government Printer.\n","sortOrder":98},{"sectionNumber":"72B","sectionType":"section","heading":"Reprint of legislation in force at stated date","content":"72B Reprint of legislation in force at stated date\n(1) A reprint of legislation must show the legislation as in force at the\ndate stated in the reprint.\n(2) For the avoidance of doubt, an amendment of legislation that\ncommences after the date of the reprint is not included in the\nreprint.\n(3) Subsection (2) does not prevent the inclusion of uncommenced\namendments in a reprint that are identified as uncommenced.\n","sortOrder":99},{"sectionNumber":"72C","sectionType":"section","heading":"Omission of making words in reprint","content":"72C Omission of making words in reprint\nA reprint of legislation must be published without the inclusion of:\n(a) the words of making the legislation; or\n(b) the date of the making of the legislation; or\n(c) the signature of the person making the legislation.\n","sortOrder":100},{"sectionNumber":"72D","sectionType":"section","heading":"Inclusion of tables of amendments in reprints","content":"72D Inclusion of tables of amendments in reprints\nA reprint of legislation must include a table of amendments listing:\n(a) each amending Act or other instrument that has amended that\nlegislation; and\n\n","sortOrder":101},{"sectionNumber":"Div 2","sectionType":"division","heading":"Interpretation Legislation Amendment Act 2018","content":"Division 2 Interpretation Legislation Amendment Act 2018\nInterpretation Act 1978 48\n(b) each provision of that legislation that has been amended and\na reference to the amending Act or instrument that made the\namendment.\n","sortOrder":102},{"sectionNumber":"Div 1","sectionType":"division","heading":"Justice Legislation Amendment Act 2006","content":"Division 1 Justice Legislation Amendment Act 2006\n","sortOrder":103},{"sectionNumber":"73","sectionType":"section","heading":"Subordinate legislation","content":"73 Subordinate legislation\n(1) This section applies if, immediately before the commencement of\nthis section, a reference in an Act to regulations is construed as a\nreference to rules or by-laws because of the definition of\nregulations in section 18 as in force immediately before the\ncommencement.\n(2) Despite the repeal of the definition, the reference is taken to include\na reference to rules or by-laws if the context permits or requires.\n","sortOrder":104},{"sectionNumber":"74","sectionType":"section","heading":"Numbering of subordinate legislation","content":"74 Numbering of subordinate legislation\nRegulations, rules and by-laws numbered under section 57 before\nthe commencement of this section are taken to have been\nnumbered as subordinate legislation under section 57 as in force on\nthe commencement and may be cited accordingly.\nExample for section 74\nRegulations No. 5 of 2005 may be cited as Subordinate Legislation No. 5\nof 2005.\nDivision 2 Interpretation Legislation Amendment Act 2018\n","sortOrder":105},{"sectionNumber":"75","sectionType":"section","heading":"Short titles and cross references taken to include year of","content":"75 Short titles and cross references taken to include year of\nenactment or making\n(1) On and after the repeal of the Amendments Incorporation Act 1938:\n(a) the short title of an Act that, but for the operation of\nsection 4(1) of the Amendments Incorporation Act 1938, would\nhave included the year of enactment is taken to include the\nyear of enactment; and\n(b) the short title of subordinate legislation is taken to include the\nyear of making; and\n\nInterpretation Act 1978 49\n(c) a reference in an Act or subordinate legislation to another Act\nor subordinate legislation by its short title is taken to be a\nreference to that Act or subordinate legislation including its\nyear of enactment or making; and\n(d) the short title of an Act or subordinate legislation including its\nyear of enactment or making may be substituted in any Act or\nsubordinate legislation for any other form of reference to the\nshort title of the Act or subordinate legislation.\n(2) For the avoidance of doubt, a reference in any other document of\nany kind to an Act or subordinate legislation is not invalid merely\nbecause it does not include the year of enactment or making.\n","sortOrder":106},{"sectionNumber":"76","sectionType":"section","heading":"Disapplication of section 50(1) in certain circumstances","content":"76 Disapplication of section 50(1) in certain circumstances\nSection 50(1) does not apply to a reference in an Act to another Act\nor subordinate legislation that, under section 50(1)(a) of this Act as\nin force immediately before the commencement of section 20 of the\nInterpretation Legislation Amendment Act 2018, is read as a\nreference to the other Act as originally made.\nExample for section 76\nA reference in an Act (the relevant Act) to the Local Court Act 2015 is a reference\nto the Local Court Act 2015 as amended from time to time unless the Local Court\nAct 2015 had been amended before the making of the relevant Act. This is\nbecause under the former provision, the reference is read as a reference to the\nLocal Court Act as originally made.\n","sortOrder":107},{"sectionNumber":"77","sectionType":"section","heading":"Administrative Arrangements Orders","content":"77 Administrative Arrangements Orders\nAn Administrative Arrangements Order in force immediately before\nthe commencement of section 9 of the Interpretation Amendment\nAct 2021 is taken to have been made under section 35 as in force\nafter the commencement.\n","sortOrder":108},{"sectionNumber":"78","sectionType":"section","heading":"Tabling requirements for subordinate legislation","content":"78 Tabling requirements for subordinate legislation\nSection 63 as in force before the commencement of section 15 of\nthe Interpretation Amendment Act 2021 continues to apply to the\nfollowing until the expiry of the 12 sitting days mentioned in\nsection 63(9) as in force immediately before its repeal:\n(a) regulations made before the commencement;\n(b) rules or by-laws signed under section 63(2)(a) before the\ncommencement.\n\nInterpretation Act 1978 50\nsection 2(1)\n","sortOrder":109},{"sectionNumber":"Part 1","sectionType":"part","heading":"– Repeal of Interpretation Ordinances","content":"Part 1 – Repeal of Interpretation Ordinances\nInterpretation Ordinance 1931\nInterpretation Ordinance 1932\nInterpretation Ordinance 1933\nInterpretation Ordinance 1934\nInterpretation Ordinance 1938\nInterpretation Ordinance 1940\nInterpretation Ordinance 1948\nInterpretation Ordinance 1949\nInterpretation Ordinance 1952\nInterpretation Ordinance (No. 2) 1952\nInterpretation Ordinance 1954\nInterpretation Ordinance 1956\nInterpretation Ordinance 1957\nInterpretation Ordinance 1959\nInterpretation Ordinance 1962\nInterpretation Ordinance 1968\nInterpretation Ordinance (No. 2) 1968\nInterpretation Ordinance 1969\nInterpretation Ordinance 1972\nInterpretation Ordinance 1973\nInterpretation Ordinance (No. 2) 1973\nInterpretation Ordinance 1976\nInterpretation Ordinance (No. 3) 1976\nInterpretation Ordinance 1977\nInterpretation Ordinance (No. 2) 1977\nInterpretation (Amendment) Ordinance 1978\n","sortOrder":110},{"sectionNumber":"Part 2","sectionType":"part","heading":"– Repeal of Regulations Publication Ordinance","content":"Part 2 – Repeal of Regulations Publication Ordinance\nRegulations Publication Ordinance 1940\nRegulations Publication Ordinance 1952\n","sortOrder":111},{"sectionNumber":"Part 3","sectionType":"part","heading":"– Repeal of Administrator's Council Ordinance","content":"Part 3 – Repeal of Administrator's Council Ordinance\nAdministrator's Council Ordinance 1959\nAdministrator's Council Ordinance 1963\nAdministrator's Council Ordinance 1976\n\nInterpretation Act 1978 51\n","sortOrder":112},{"sectionNumber":"Part 4","sectionType":"part","heading":"– Repeal of State Acts","content":"Part 4 – Repeal of State Acts\nThe Act entitled \"An Act for shortening and explaining the Language used in\nActs of Parliament, and for other Purposes\", being Act No. 9 of 1872.\nThe Language of Acts Amendment Act, 1900.\n\nInterpretation Act 1978 52\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nInterpretation Ordinance 1978 (Act No. 59, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978\nInterpretation Act (No. 2) 1978 (Act No. 78, 1978)\nAssent date 23 August 1978\nCommenced 23 August 1978\nInterpretation Act (No. 3) 1978 (Act No. 1, 1979)\nAssent date 3 January 1979\nCommenced 3 January 1979\nInterpretation Act 1979 (Act No. 112, 1979)\nAssent date 24 September 1979\nCommenced 1 October 1979 (s 3, s 2 Supreme Court Act 1979 (Act\nNo. 109, 1979) and Gaz S18, 28 September 1979, p 1)\nInterpretation Act (No. 2) 1979 (Act No. 122, 1979)\nAssent date 15 October 1979\nCommenced 15 October 1979\nInterpretation Act 1980 (Act No. 21, 1980)\nAssent date 14 March 1980\nCommenced 14 March 1980\nStatute Law Revision Act (No. 4) 1981 (Act No. 4, 1982)\nAssent date 12 February 1982\nCommenced 12 February 1982\nStatute Law Revision Act 1982 (Act No. 21, 1982)\nAssent date 27 April 1982\nCommenced 27 April 1982\n\nInterpretation Act 1978 53\nStatute Law Revision Act (No. 2) 1982 (Act No. 54, 1982)\nAssent date 8 October 1982\nCommenced 8 October 1982\nInterpretation (Criminal Code) Amendment Act 1983 (Act No. 62, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nInterpretation Amendment Act 1985 (Act No. 44, 1985)\nAssent date 18 September 1985\nCommenced 18 September 1985\nStatute Law Revision Act 1985 (Act No. 49, 1985)\nAssent date 1 October 1985\nCommenced 1 October 1985\nStatute Law Revision Act 1986 (Act No. 64, 1986)\nAssent date 19 December 1986\nCommenced 19 December 1986\nInterpretation Amendment Act 1988 (Act No. 1, 1988)\nAssent date 21 March 1988\nCommenced 21 March 1988\nInterpretation Amendment Act (No. 2) 1988 (Act No. 27, 1988)\nAssent date 1 September 1988\nCommenced 1 September 1988\nInterpretation Amendment Act (No. 3) 1988 (Act No. 28, 1988)\nAssent date 1 September 1988\nCommenced 1 September 1988\nLocal Court (Consequential Amendments) Act 1989 (Act No. 14, 1989)\nAssent date 5 June 1989\nCommenced 1 January 1991 (s 2, s 2 Local Court Act 1989 (Act No. 31,\n1990) and Gaz G49, 12 December 1990, p 2)\nStatute Law Revision Act 1989 (Act No. 60, 1989)\nAssent date 2 October 1989\nCommenced 2 October 1989\nStatute Law Revision Act 1990 (Act No. 33, 1990)\nAssent date 11 June 1990\nCommenced 11 June 1990\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nInterpretation Amendment Act 1992 (Act No. 25, 1992)\nAssent date 2 June 1992\nCommenced 1 July 1992 (s 2, s 2 Financial Institutions (NT) Act 1992 (Act\nNo. 22, 1992) and Gaz S35, 30 June 1992)\n\nInterpretation Act 1978 54\nInterpretation Amendment Act 1993 (Act No. 73, 1993)\nAssent date 18 November 1993\nCommenced 1 January 1994 (Gaz G50, 15 December 1993, p 3)\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4,\n1995) and Gaz S13, 31 March 1995)\nMedical (Consequential Amendments) Act 1995 (Act No. 8, 1995)\nAssent date 10 April 1995\nCommenced 1 June 1995 (s 2, s 2 Medical Act 1995 (Act No. 7, 1995) and\nGaz S21, 1 June 1995)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nFinancial Institutions (Miscellaneous Amendments) Act 1997 (Act No. 23, 1997)\nAssent date 2 June 1997\nCommenced 2 June 1997\nInterpretation Amendment Act 1998 (Act No. 27, 1998)\nAssent date 30 March 1998\nCommenced 30 March 1998\nStatute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)\nAssent date 11 December 1998\nCommenced 11 December 1998\nInterpretation Amendment Act 1999 (Act No. 3, 1999)\nAssent date 26 February 1999\nCommenced 1 April 1999 (s 2, s 2 Penalties Act 1999 (Act No. 2, 1999)\nand Gaz G11, 24 March 1999, p 3)\nInterpretation Amendment Act (No. 2) 1999 (Act No. 37, 1999)\nAssent date 31 August 1999\nCommenced 31 August 1999\nMiscellaneous (Interpretation Act and Penalties Act) Amendment Act 2000 (Act No. 28,\n2000)\nAssent date 27 June 2000\nCommenced s 4: 1 April 1999; rem: 27 June 2000\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\n\nInterpretation Act 1978 55\nInterpretation Amendment Act 2002 (Act No. 14, 2002)\nAssent date 7 June 2002\nCommenced 5 August 2002 (s 2, s 2(2) Penalties Amendment Act 2002\n(Act No. 15, 2002) and Gaz G25, 26 June 2002, p 2)\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nLaw Reform (Gender, Sexuality and De Facto Relationships Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nElectoral (Consequential Amendments) Act 2004 (Act No. 12, 2004)\nAssent date 1 March 2004\nCommenced 15 March 2004 (s 2, s 2 Electoral Act 2004 (Act No. 11, 2004)\nand Gaz S6, 15 March 2004)\nStandard Time Act 2005 (Act No. 19, 2005)\nAssent date 5 May 2005\nCommenced 1 September 2005 (s 2)\nJustice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005)\nAssent date 6 May 2005\nCommenced 6 May 2005 (s 2(2))\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nJustice Legislation Amendment Act 2006 (Act No. 13, 2006)\nAssent date 18 May 2006\nCommenced 1 July 2006 (s 2(3))\nJustice Legislation Amendment Act (No. 2) 2006 (Act No. 35, 2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nJustice Legislation Amendment Act 2007 (Act No. 5, 2007)\nAssent date 24 April 2007\nCommenced s 37 (except amd of Criminal Code and Legal Profession\nAct 2006): 1 May 2007 (s 2(1), s 2 Victims of Crime\nAssistance Act 2006 (Act No. 15, 2006) and Gaz G17,\n26 April 2007, p 7); rem: 24 April 2007\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nFinancial Management Amendment Act 2009 (Act No. 15, 2009)\nAssent date 18 June 2009\nCommenced 18 June 2009\n\nInterpretation Act 1978 56\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nStatute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)\nAssent date 21 December 2011\nCommenced 27 January 2012 ((other than amdts to Darwin Port\nCorporation Act and Marine Act listed in the Sch to Act) Gaz\nS3, 27 January 2012))\nLocal Government Amendment Act 2013 (Act No. 28, 2013)\nAssent date 8 November 2013\nCommenced 8 November 2013\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) Act 2014 (Act No. 34, 2014)\nAssent date 13 November 2014\nCommenced 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nJustice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act\nNo. 3, 2016)\nAssent date 2 March 2016\nCommenced pt 3: nc (Act rep by Act No. 33, 2019 before comm);\nrem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act No. 15,\n2015), Gaz G1, 6 January 2016, p 9 and Gaz G15,\n13 April 2016, p 4)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\n\nInterpretation Act 1978 57\nPublic Holidays Amendment Act 2016 (Act No. 33, 2016)\nAssent date 7 December 2016\nCommenced 7 December 2016\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nJustice and Other Legislation Amendment (Australian Crime Commission) Act 2017\n(Act No. 9, 2017)\nAssent date 31 May 2017\nCommenced 31 May 2017\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\nIndependent Commissioner Against Corruption Act 2017 (Act No. 23, 2017)\nAssent date 8 December 2017\nCommenced 30 November 2018 (Gaz S94, 30 November 2018)\nMonetary Units Act 2018 (Act No. 17, 2018)\nAssent date 6 September 2018\nCommenced 1 November 2018 (Gaz G40, 3 October 2018, p 7)\nInterpretation Legislation Amendment Act 2018 (Act No. 22, 2018)\nAssent date 8 November 2018\nCommenced pt 2 and ss 19, 20 and 25 to 27: 18 February 2019 (Gaz S11,\n18 February 2019); rem: 11 December 2018 (Gaz S101,\n11 December 2018)\nAgents and Land Legislation Amendment Act 2019 (Act No. 6, 2019)\nAssent date 28 March 2019\nCommenced ss 3 to 5, 9 and 10, pts 3 to 5, ss 17, 25 to 27, 29, 33 and 34:\n1 May 2019 (Gaz G18, 1 May 2019, p 4);\nrem: 1 September 2019 (Gaz G26, 26 June 2019, p 7 and\nGaz G30, 24 July 2019, p 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019(s 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n\nInterpretation Act 1978 58\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\nJabiru Town Development Repeal Act 2021 (Act No. 29, 2021)\nAssent date 15 December 2021\nCommenced 16 December 2021 (s 2)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nStatute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 2(2) and (3) Interpretation Amendment Act (No. 3) 1988 (Act No. 28, 1988)\ns 39 Law Reform (Gender, Sexuality and De Facto Relationships Act 2003\n(Act No. 1, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 17, 18A, 28, 57, 59A\nand 75.\n5 LIST OF AMENDMENTS\nlt amd No. 73, 1993, s 14\nss 1 – 2 amd No. 73, 1993, s 14\ns 3 amd No. 73, 1993, ss 4 and 14\ns 4 amd No. 73, 1993, s 14; No. 13, 2006, s 44; No. 35, 2006, s 21\ns 5 amd No. 78, 1978, s 3\nsub No. 13, 2006, s 18; No. 28, 2021, s 4\ns 6 amd No. 78, 1978, s 4; No. 1, 1988, s 2; No. 13, 2006, ss 19 and 44; No. 35,\n2006, s 21; No. 29, 2010, s 7\nsub No. 28, 2021, s 4\ns 6A ins No. 13, 2006, s 20\nsub No. 28, 2021, s 4\ns 6B ins No. 13, 2006, s 20\nsub No. 35, 2006, s 13\ns 7 amd No. 13, 2006, s 44; No. 35, 2006, s 21; No. 29, 2010, s 7\n\nInterpretation Act 1978 59\ns 8 amd No. 13, 2006, ss 21 and 44; No. 35, 2006, s 21\nsub No. 22, 2018, s 5\ns 9 amd No. 122, 1979, s 3; No. 35, 2006, s 21; No. 29, 2010, s 7\ns 10 rep No. 13, 2006, s 22\ns 11 amd No. 78, 1978, s 12; No. 28, 2021, s 5\ns 14 amd No. 13, 2006, s 44; No. 35, 2006, s 21\ns 15 amd No. 78, 1978, s 5; No. 13, 2006, s 44\nsub No. 22, 2018, s 6\ns 17 amd No. 78, 1978, s 12; No. 122, 1979, s 4; No. 14, 1989, s 7; No. 73, 1993,\ns 5; No. 50, 1994, s 9\namd No. 35, 2006, s 14; No. 5, 2007, s 18; No. 7, 2007, s 6; No. 15, 2009,\ns 16; No. 18, 2010, s 48; No. 40, 2010, s 48; No. 44, 2011, s 15; No. 28,\n2013, s 61; No. 19, 2014, s 26; No. 27, 2014, s 57; No. 38, 2014, s 2; No. 34,\n2014, s 15; No. 3, 2016, s 46; No. 9, 2016, s 112; No. 33, 2016, s 11; No. 4,\n2017, s 34; No. 9, 2017, s 9; No. 18, 2017, s 35; No. 19, 2017, s 39; No 17,\n2018, s 10; No. 23, 2017, s 174; No. 22, 2018, s 7; No. 33, 2019, s 49;\nNo. 39, 2019, s 370; No. 29, 2021, s 10; No. 28, 2021, s 6\ns 18 amd No. 122, 1979, s 5; No. 62, 1983, s 4; No. 60, 1989, s 2; No. 33, 1990,\ns 4; No. 73, 1993, ss 6 and 14; No. 84, 1993, s 6; No. 5, 1995, s 19; No. 8,\n1995, s 3; No. 38, 2002, s 5; No. 12, 2004, s 3; No. 20, 2005, s 29\ns 18A ins No. 13, 2006, s 23\namd No. 22, 2018, s 8; No. 28, 2021, s 7; No. 4, 2023, s 23\ns 19 amd No. 64, 1986, s 2; No. 59, 1990, s 3; No. 25, 1992, s 3; No. 73, 1993,\ns 7; No. 23, 1997, s 2; No. 17, 2001, s 9; No. 14, 2002, s 3; No. 38, 2002, s 5;\nNo. 1, 2004, s 37; No. 20, 2005, s 30\namd No. 28, 2021, s 8\ns 19A ins No. 1, 2004, s 38\ns 20 sub No. 13, 2006, s 24\ns 21 sub No. 20, 2005, s 31\namd No. 13, 2006, s 44\ns 23A ins No. 44, 2011, s 16\ns 24 amd No. 4, 1982, s 3\nsub No. 20, 2005, s 32\namd No. 22, 2018, s 9\ns 24A ins No. 20, 2005, s 32\namd No. 22, 2018, s 10\ns 24AA ins No. 13, 2006, s 25\ns 25 sub No. 13, 2006, s 26\ns 28 amd No. 60, 1989, s 6; No. 20, 2005, s 33; No. 19, 2005, s 8; No. 33, 2016,\ns 12; No. 22, 2018, s 11\ns 30 amd No. 22, 2018, s 12\ns 31 amd No. 112, 1979, s 4\nrep No. 13, 2006, s 27\nins No. 10, 2023, s 4\ns 32 rep No. 73, 1993, s 8\ns 33 amd No. 35, 2006, s 21\nrep No. 40, 2010, s 49\ns 34 sub No. 78, 1978, s 6\namd No. 122, 1979, s 6; No. 13, 2006, s 44\ns 34A ins No. 1, 1979, s 3\ns 34B ins No. 8, 1995, s 3\namd No. 44, 2005, s 22\nrep No. 13, 2006, s 28\ns 35 amd No. 5, 1995, s 19; No. 13, 2006, s 29; No. 26, 2020, s 3\nsub No. 28, 2021, s 9\n\nInterpretation Act 1978 60\ns 36 amd No. 1, 1979, s 4; No. 5, 1995, s 19; No. 92, 1998, s 12\nrep No. 13, 2006, s 30\nins No. 28, 2021, s 9\ns 37 amd No. 5, 1995, s 19; No. 28, 2021, s 10\ns 38 amd No. 73, 1993, s 14; No. 35, 2006, s 21\ns 38A ins No. 78, 1978, s 7\npt VIA hdg ins No. 62, 1983, s 5\ns 38B ins No. 62, 1983, s 5\ns 38C ins No. 62, 1983, s 5\namd No. 17, 1996, s 6; No. 20, 2005, s 34; No. 13, 2006, s 31\ns 38D ins No. 62, 1983, s 5\namd No. 17, 1996, s 6\ns 38DA ins No. 13, 2006, s 32\ns 38DB ins No. 13, 2006, s 32\ns 38DC ins No. 13, 2006, s 32\ns 38E ins No. 62, 1983, s 5\nsub No. 73, 1993, s 9\nrep No. 9, 2016, s 113\ns 38F ins No. 73, 1993, s 9\namd No. 3, 1999, s 3\nsub No. 13, 2006, s 33\ns 38G ins No. 28, 2000, s 3\ns 40 amd No. 35, 2006, s 21\nsub No. 28, 2021, s 11\ns 41 amd No. 35, 2006, s 21\ns 42 sub No. 20, 2005, s 35\namd No. 13, 2006, s 44; No. 22, 2018, s 14\ns 43 amd No. 13, 2006, s 44\nsub No. 28, 2021, s 12\ns 44 amd No. 78, 1978, s 8; No. 54, 1982, s 2; No. 13, 2006, s 34; No. 22, 2018,\ns 15\ns 44A ins No. 22, 2018, s 16\ns 45 amd No. 13, 2006, s 44\nrep No. 28, 2021, s 13\ns 46 amd No. 78, 1978, s 9; No. 1, 1979, s 5; No. 20, 2005, s 36; No. 13, 2006,\ns 44; No. 22, 2018, s 17\ns 46A ins No. 37, 1999, s 2\ns 47 rep No. 13, 2006, s 35\ns 48A ins No. 73, 1993, s 10\namd No. 35, 2006, s 21; No. 22, 2018, s 18\ns 48B ins No. 73, 1993, s 10\ns 49 amd No. 78, 1978, s 10; No. 22, 2018, s 19\ns 50 amd No. 78, 1978, s 12\nsub No. 22, 2018, s 20\ns 51 rep No. 78, 1978, s 11\nins No. 35, 2006, s 15\ns 55 amd No. 21, 1980, s 2\nsub No. 20, 2005, s 37; No. 13, 2006, s 36\ns 57 amd No. 73, 1993, s 11\nsub No. 13, 2006, s 37\namd No. 35, 2006, s 16\ns 57A ins No. 20, 2005, s 38\namd No. 13, 2006, s 44\n\nInterpretation Act 1978 61\ns 57B ins No. 22, 2018, s 21\ns 59 amd No. 27, 1988, s 2; No. 73, 1993, s 14\ns 59A ins No. 28, 1988, s 2\ns 60 rep No. 44, 1985, s 2\ns 61 amd No. 13, 2006, s 38; No. 35, 2006, s 21\ns 62 amd No. 73, 1993, s 14\ns 62A ins No. 27, 1998, s 2\ns 62B ins No. 27, 1998, s 2\namd No. 22, 2018, s 22\nss 62C – 62D ins No. 20, 2005, s 39\ns 62E ins No. 28, 2021, s 14\npt VII\ndiv 2 hdg sub No. 13, 2006, s 39\namd No. 35, 2006, s 17\ns 63 amd No. 78, 1978, s 12; No. 21, 1982, s 2; No. 49, 1985, s 4; No. 73, 1993,\ns 14; No. 92, 1998, s 12; No. 13, 2006, s 40; No. 35, 2006, s 21; No. 28,\n2008, s 3; No. 19, 2014, s 26; No. 6, 2019, s 12; No. 26, 2020, s 3\nsub No. 28, 2021, s 15\ns 63A ins No. 28, 2021, s 15\ns 63B ins No. 28, 2021, s 15\namd No. 4, 2023, s 23\ns 63C ins No. 28, 2021, s 15\ns 64 amd No. 78, 1978, s 12\nsub No. 13, 2006, s 41\namd No. 28, 2021, s 16\ns 65 rep No. 73, 1993, s 12\nins No. 13, 2006, s 41\nss 65A – 65B ins No. 13, 2006, s 41\nss 65C – 65D ins No. 35, 2006, s 18\ns 65E ins No. 22, 2018, s 23\ns 65F ins No. 28, 2021, s 17\ns 66 amd No. 13, 2006, s 44\ns 66A ins No. 28, 2021, s 18\ns 67 amd No. 73, 1993, s 14\nrep No. 35, 2006, s 19\nins No. 35, 2006, s 20\ns 69 sub No. 22, 2018, s 24\npt VII\ndiv 4 hdg sub No. 60, 1989, s 6\ns 70 amd No. 40, 2010, s 50; No. 9, 2016, s 114\ns 71 rep No. 73, 1993, s 12\nins No. 13, 2006, s 42\ns 72 ins No. 73, 1993, s 13\nptVIIA hdg ins No. 22, 2018, s 25\nss 72A – 72D ins No. 22, 2018, s 25\npt VIII hdg ins No. 13, 2006, s 43\nsub No. 22, 2018, s 26\ndiv 1 hdg ins No. 22, 2018, s 26\nss 73 – 74 ins No. 13, 2006, s 43\ndiv 2 hdg ins No. 22, 2018, s 27\nss 75 – 76 ins No. 22, 2018, s 27\ndiv 3 ins No. 28, 2021, s 19\nss 77 – 78 ins No. 28, 2021, s 19","sortOrder":113}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"While the Act has been amended many times to add new definitions (e.g., domestic relationships, electronic documents) and update procedures for subordinate legislation, its core purpose remains the same: to provide uniform rules for interpreting all NT legislation. The additions expand coverage but do not fundamentally alter the Act's original function."},"complexity_factors":["Over 100 defined terms in section 17, many cross-referenced to other Acts","Extensive cross-references to Commonwealth, State, and other Territory legislation","Multiple commencement and time-calculation rules with specific exceptions (e.g., leap year birthdays)","Complex subordinate legislation making, tabling, and disallowance procedures in Part VII Division 2","Conditional provisions with exceptions (e.g., section 46(7) lists powers that cannot be delegated)","Transitional provisions in Part VIII that preserve old rules for past events","Nested definitions and interpretation rules that interact with each other"],"plain_english_summary":"This is the Northern Territory's rulebook for how all its laws (Acts and regulations) are to be read and understood. It defines common words and phrases (like 'person' includes companies, 'month' means calendar month), sets out how to count time and ages, explains when laws start and stop, and gives rules for making and cancelling regulations. It also covers how government powers can be delegated and how official documents must be served. Anyone dealing with NT law—judges, lawyers, government staff, or ordinary people—needs these rules to know what a law really means. It does not create new rights or obligations; it just makes sure every other law works consistently."},"kimi_summary":{"_metrics":{"completionTokens":800},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly from its original 1978 purpose. It now includes extensive modern provisions not originally contemplated: electronic service and meetings (ss 25, 48A), civil penalties (s 38G), extrinsic materials for interpretation (s 62B), Aboriginal land rights provisions (s 59A), de facto relationships and Aboriginal customary marriages (s 19A), and detailed subordinate legislation procedures (ss 63-65F). The 2021 amendments substantially restructured subordinate legislation processes. What began as a traditional interpretation statute now functions as a comprehensive legislative governance framework."},"complexity_factors":["Extensive definition section with 80+ defined terms including nested cross-references (e.g., 'ADI' references Commonwealth Banking Act)","Multiple commencement mechanisms with conditional logic (ss 5-6B)","Complex transitional provisions preserving old laws and savings (ss 2, 11-16)","Detailed procedural requirements for subordinate legislation with tiered systems for regulations vs rules/by-laws (ss 63-65F)","Cross-referencing architecture linking to Commonwealth, State, and Imperial legislation (ss 50-52)","Conditional exceptions throughout (e.g., s 34 Administrator powers with Executive Council requirements)","Modern interpretation provisions (ss 62A-62E) layered atop traditional rules","Part VIII transitional divisions with multiple amendment Acts incorporated"],"plain_english_summary":"This is the **Interpretation Act 1978** of the **Northern Territory** — essentially the \"rulebook for reading rulebooks.\" It tells courts, lawyers, and citizens how to understand and apply all other NT laws.\n\n**What it does:**\n\n- **Defines common terms** used across NT legislation (e.g., \"person\" includes companies; \"adult\" means 18+; \"spouse\" includes both married and Aboriginal customary marriages; \"document\" covers everything from paper to digital files)\n- **Sets rules for when laws start** (commencement dates, what happens if no date is specified)\n- **Explains what happens when laws are repealed** (old rights and penalties survive; repealed laws don't automatically revive)\n- **Provides interpretation principles** (definitions read in context; gender-neutral language; singular includes plural; examples don't limit meaning)\n- **Governs subordinate legislation** (regulations, rules, by-laws — how they're made, published, tabled, and can be disallowed by the Legislative Assembly)\n- **Covers practical mechanics** (how to serve documents, measure distances, reckon time and age, cite legislation)\n- **Deals with government administration** (how \"the Minister\" and \"the Agency\" are determined; Administrative Arrangements Orders)\n- **Sets penalty rules** (fines for companies are 5× individual fines; maximum penalties for subordinate legislation)\n- **Allows extrinsic material** (parliamentary debates, explanatory memoranda) to be used when interpreting ambiguous laws\n\n**Who it affects:**\n\n- **Everyone** — anyone interpreting NT law (judges, lawyers, public servants, businesses, individuals)\n- **The NT Government** — particularly for making regulations and delegating powers\n- **The Legislative Assembly** — for disallowing subordinate legislation\n\n**Why it matters:**\n\nWithout this Act, every NT law would need its own dictionary and procedural rules. It ensures consistency, clarity, and fairness in how laws are understood and applied. It also incorporates modern practices (email service, electronic documents, video meetings) and recognises Aboriginal customary marriage.\n\n**Key modern features:**\n- Recognition of de facto relationships and Aboriginal customary marriages\n- Electronic service of documents and digital meeting participation\n- Civil penalties alongside criminal offences\n- Extrinsic materials allowed for interpretation"}},"importantCases":[],"_links":{"self":"/api/acts/interpretation-act-1978","history":"/api/acts/interpretation-act-1978/history","analysis":"/api/acts/interpretation-act-1978/analysis","conflicts":"/api/acts/interpretation-act-1978/conflicts","importantCases":"/api/acts/interpretation-act-1978/important-cases","documents":"/api/acts/interpretation-act-1978/documents"}}