{"id":"nsw:act-1987-015","name":"Interpretation Act 1987","slug":"interpretation-act-1987","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"15 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2594,"registerId":"nsw-act-1987-015-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Sections 1 and 2 shall commence on the date of assent to this Act.\n> \n> > (2) Subject to this section, this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.\n> \n> > (3) Section 23 shall commence on such day, being a day occurring after the day appointed and notified under subsection (2), as may be appointed by the Governor and notified by proclamation published in the Gazette.\n> \n> > (4) Section 81 and Schedule 1 shall commence—\n> > \n> > > (a) on the day appointed and notified under subsection (2), or\n> > \n> > > (b) on the day fixed by proclamation for the purposes of section 2 (2) of the [Australian Citizenship Amendment Act 1984](http://www.legislation.gov.au/) of the Commonwealth,\n> > \n> > whichever is the later.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > instrument means an instrument (including a statutory rule or an environmental planning instrument) made under an Act, and includes an instrument made under any such instrument.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.\n> \n> > (3) The Dictionary in Schedule 4 defines certain terms used in Acts and instruments.\n> \n> **s 3:** Am 1995 No 16, Sch 1; 2005 No 43, Sch 7.7 \\[1\\]; 2023 No 7, Sch 3.1\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"#### 4 Act binds Crown\n\n4 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"#### 5 Application of Act\n\n5 Application of Act\n\n> > (1) This Act applies to all Acts and instruments (including this Act) whether enacted or made before or after the commencement of this Act.\n> \n> > (2) This Act applies to an Act or instrument except in so far as the contrary intention appears in this Act or in the Act or instrument concerned.\n> \n> > (3) Wherever appropriate, this Act applies to a portion of an Act or instrument in the same way as it applies to the whole of an Act or instrument.\n> \n> > (4) Nothing in this Act excludes the application to an Act or instrument of a rule of construction applicable to it and not inconsistent with this Act.\n> \n> > (5) This section does not authorise a statutory rule to exclude or modify the operation of Part 6 (statutory rules and certain other instruments).\n> \n> > (6) The provisions of sections 24, 28, 29, 30, 30B, 33, 42, 43, 69A, 75 and 80 that apply to a statutory rule also apply to an environmental planning instrument.\n> \n> **s 5:** Am 2005 No 43, Sch 7.7 \\[2\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Words and expressions","content":"# Part 2 Words and expressions\n\nPart 2 Words and expressions","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Definitions to be read in context","content":"#### 6 Definitions to be read in context\n\n6 Definitions to be read in context\n\n> Definitions that occur in an Act or instrument apply to the construction of the Act or instrument except in so far as the context or subject-matter otherwise indicates or requires.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Cognate words","content":"#### 7 Cognate words\n\n7 Cognate words\n\n> If an Act or instrument defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Gender and number","content":"#### 8 Gender and number\n\n8 Gender and number\n\n> In any Act or instrument—\n> \n> > (a) a word or expression that indicates one or more particular genders shall be taken to indicate every other gender,\n> \n> > (b) a reference to a word or expression in the singular form includes a reference to the word or expression in the plural form,\n> \n> > (c) a reference to a word or expression in the plural form includes a reference to the word or expression in the singular form,\n> \n> > (d) a reference to a person does not exclude a reference to a corporation merely because elsewhere in the Act or instrument there is particular reference to a corporation (in whatever terms expressed), and\n> \n> > (e) a reference to a person does not exclude a reference to an individual merely because elsewhere in the Act or instrument there is particular reference to an individual (in whatever terms expressed).","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of may and shall","content":"#### 9 Meaning of may and shall\n\n9 Meaning of may and shall\n\n> > (1) In any Act or instrument, the word “may”, if used to confer a power, indicates that the power may be exercised or not, at discretion.\n> \n> > (2) In any Act or instrument, the word “shall”, if used to impose a duty, indicates that the duty must be performed.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Construction of amending Acts and instruments","content":"#### 10 Construction of amending Acts and instruments\n\n10 Construction of amending Acts and instruments\n\n> Words and expressions that occur in an Act or instrument that amends or repeals some other Act or instrument have the same meanings as they have in the other Act or instrument.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Words etc in instruments under an Act have same meanings as in the Act","content":"#### 11 Words etc in instruments under an Act have same meanings as in the Act\n\n11 Words etc in instruments under an Act have same meanings as in the Act\n\n> Words and expressions that occur in an instrument have the same meanings as they have in the Act, or in the relevant provisions of the Act, under which the instrument is made.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"References to New South Wales to be implied","content":"#### 12 References to New South Wales to be implied\n\n12 References to New South Wales to be implied\n\n> > (1) In any Act or instrument—\n> > \n> > > (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for New South Wales, and\n> > \n> > > (b) a reference to a locality, jurisdiction or other matter or thing is a reference to such a locality, jurisdiction or other matter or thing in and of New South Wales.\n> \n> > (2) In any Act or instrument, a reference to a body constituted by or under an Act or instrument need not include the words “New South Wales” or “of New South Wales” merely because those words form part of the body’s name or title.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Sovereign and Crown","content":"#### 13 Sovereign and Crown\n\n13 Sovereign and Crown\n\n> In any Act or instrument—\n> \n> > (a) a reference to the Sovereign (whether the words “Her Majesty” or “His Majesty” or any other words are used) is a reference to the Sovereign for the time being, and\n> \n> > (b) a reference to the Crown is a reference to the Crown in right of New South Wales.","sortOrder":14},{"sectionNumber":"13A","sectionType":"section","heading":"NSW Government agencies and statutory bodies representing the Crown","content":"#### 13A NSW Government agencies and statutory bodies representing the Crown\n\n13A NSW Government agencies and statutory bodies representing the Crown\n\n> > (1) If an Act provides that a body is—\n> > \n> > > (a) a NSW Government agency, or\n> > \n> > > (b) a statutory body representing the Crown,\n> > \n> > the body has the status, privileges and immunities of the Crown.\n> \n> > (2) If an Act provides that a body—\n> > \n> > > (a) is not or does not represent the Crown, or\n> > \n> > > (b) is not a NSW Government agency or a statutory body representing the Crown,\n> > \n> > the body does not have the status, privileges and immunities of the Crown.\n> \n> > (3) This section extends (without limiting its operation)—\n> > \n> > > (a) to a provision that is expressed to be made for the purposes of any Act or more generally, and\n> > \n> > > (b) to privileges and immunities conferred by law expressly or as a matter of construction.\n> \n> > (4) In any Act or instrument—\n> > \n> > > (a) a reference to a NSW Government agency includes a reference to a body that is declared to be a statutory body representing the Crown, or\n> > \n> > > (b) a reference to a statutory body representing the Crown includes a reference to a body that is declared to be a NSW Government agency.\n> \n> > (5) In this section, the Crown includes the State and the Government of the State.\n> \n> **s 13A:** Ins 2006 No 43, Sch 1 \\[1\\].","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Governor","content":"#### 14 Governor\n\n14 Governor\n\n> In any Act or instrument, a reference to the Governor is a reference to the Governor with the advice of the Executive Council, and includes a reference to any person for the time being lawfully administering the Government.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Minister","content":"#### 15 Minister\n\n15 Minister\n\n> > (1) In any Act or instrument—\n> > \n> > > (a) a reference to a Minister is a reference to a Minister of the Crown, and\n> > \n> > > (b) a reference to a particular Minister includes a reference to any other Minister who is acting for or on behalf of the Minister.\n> \n> > (2) In any Act, a reference to “the Minister” is a reference to—\n> > \n> > > (a) the Minister administering the Act,\n> > \n> > > (b) if different Ministers are administering the Act in different respects—the Minister administering the Act in the relevant respect,\n> > \n> > > (c) if different Ministers are administering different portions of the Act—the Minister administering the relevant portion of the Act, or\n> > \n> > > (d) if paragraphs (b) and (c) do not apply and 2 or more Ministers are administering that Act or a portion of that Act—any one of the Ministers administering the Act or portion of the Act.\n> \n> > (3) In any instrument, a reference to “the Minister” is a reference to—\n> > \n> > > (a) the Minister administering the Act under which the instrument is made,\n> > \n> > > (b) if different Ministers are administering that Act in different respects—the Minister administering that Act in the respect in relation to which the instrument is made,\n> > \n> > > (c) if different Ministers are administering different portions of that Act—the Minister administering the portion of that Act under which the instrument is made, or\n> > \n> > > (d) if paragraphs (b) and (c) do not apply and 2 or more Ministers are administering that Act or a portion of that Act—any one of the Ministers administering the Act or the portion of the Act under which the instrument is made.\n> \n> > (4) In an Act or instrument, a reference to the Minister administering another Act means—\n> > \n> > > (a) the Minister administering the other Act, or\n> > \n> > > (b) if different Ministers are administering the other Act in different respects—the Minister administering the other Act in the relevant respect, or\n> > \n> > > (c) if different Ministers are administering different portions of the other Act—the Minister administering the relevant portion of the other Act, or\n> > \n> > > (d) if paragraphs (b) and (c) do not apply and 2 or more Ministers are administering the other Act or a portion of the other Act—any 1 of the Ministers administering the other Act or portion of the other Act.\n> \n> **s 15:** Am 1991 No 94, Sch 1; 2023 No 35, Sch 1.12\\[1\\].","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"British subjects and aliens","content":"#### 16 British subjects and aliens\n\n16 British subjects and aliens\n\n> > (1) In any Act or instrument—\n> > \n> > > (a) a reference to a British subject, or to a natural-born or naturalised subject of Her Majesty or to any other similar expression, is a reference to—\n> > > \n> > > > (i) an Australian citizen, or\n> > > \n> > > > (ii) any other person who would, had the relevant Commonwealth law continued in force, be a person who has the status of a British subject or the status of a British subject without citizenship, and\n> > \n> > > (b) a reference to an alien is a reference to a person who would, had the relevant Commonwealth law continued in force, be a person who is an alien within the meaning of that law.\n> \n> > (2) If a rule of law applies to or in relation to, or has effect with respect to, a British subject, the rule of law shall apply to or in relation to, or have effect with respect to—\n> > \n> > > (a) an Australian citizen, and\n> > \n> > > (b) any other person who would, had the relevant Commonwealth law continued in force, be a person who has the status of a British subject or the status of a British subject without citizenship,\n> > \n> > as if the Australian citizen or other person were a British subject.\n> \n> > (3) If a rule of law applies to or in relation to, or has effect with respect to, an alien, the rule of law shall apply to or in relation to, or have effect with respect to, a person who would, had the relevant Commonwealth law continued in force, be a person who is an alien within the meaning of that law.\n> \n> > (4) In this section, a reference to the relevant Commonwealth law is a reference to—\n> > \n> > > (a) the [Australian Citizenship Act 1948](http://www.legislation.gov.au/) of the Commonwealth, as in force immediately before the commencement of this subsection, and\n> > \n> > > (b) the regulations in force immediately before the commencement of this subsection under the [Australian Citizenship Act 1948](http://www.legislation.gov.au/) of the Commonwealth, as so in force.\n> \n> **s 16:** Am 1987 No 15, Sch 1.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Public Seal of the State","content":"#### 17 Public Seal of the State\n\n17 Public Seal of the State\n\n> In any Act or instrument, a reference to—\n> \n> > (a) the Great Seal of the State, or\n> \n> > (b) the Seal of the State,\n> \n> shall be read as a reference to the Public Seal of the State.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Sitting days","content":"#### 18 Sitting days\n\n18 Sitting days\n\n> In any Act or statutory rule—\n> \n> > (a) a reference to a sitting day, in relation to a House of Parliament, is a reference to a day on which the House actually sits, and\n> \n> > (b) a reference to a number of sitting days, in relation to a House of Parliament, is a reference to that number of sitting days, regardless of whether those days occur within the same or within different sessions of Parliament.","sortOrder":20},{"sectionNumber":"18A","sectionType":"section","heading":"Tabling of documents","content":"#### 18A Tabling of documents\n\n18A Tabling of documents\n\n> > (1) In an Act or statutory rule, a reference to tabling a document in a House of Parliament includes taking any action allowed or required under the Standing Rules or Orders of the House to table the document when the House is not sitting.\n> \n> > (2) This section applies in relation to the tabling of a document before or after the commencement of this section.\n> \n> **s 18A:** Ins 2022 No 5, Sch 1.10.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Holders of offices","content":"#### 19 Holders of offices\n\n19 Holders of offices\n\n> > (1) In any Act or instrument, a reference to a particular officer or to the holder of a particular office includes a reference to the person for the time being occupying or acting in the office concerned.\n> \n> > (2) The office of chairperson, chairman or chairwoman may be referred to by whichever of those words is appropriate in relation to the particular holder of that office.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"References to statutory rules etc","content":"#### 20 References to statutory rules etc\n\n20 References to statutory rules etc\n\n> In any Act—\n> \n> by-law means a by-law made under the Act in which that word occurs.\n> \n> ordinance means an ordinance made under the Act in which that word occurs.\n> \n> prescribed means prescribed by, or by a statutory rule made under, the Act in which that word occurs.\n> \n> regulation means a regulation made under the Act in which that word occurs.\n> \n> rule means a rule made under the Act in which that word occurs.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"References to Colony and punishments for offences","content":"#### 21 References to Colony and punishments for offences\n\n21 References to Colony and punishments for offences\n\n> > (1) (Renumbered as Schedule 4)\n> \n> > (2) In any Act passed before the commencement of this Act, and in any instrument made under such an Act—\n> > \n> > Colony, in relation to any part of Australia, means the State or Territory that corresponds to that part of Australia.\n> > \n> > the Colony means the State of New South Wales.\n> \n> > (3) In any Act or instrument—\n> > \n> > > (a) a reference to an offence that is punishable by imprisonment for a specified term or more includes a reference to a common law offence, and\n> > \n> > > (b) a reference to an offence that is punishable by imprisonment for a specified term or more includes a reference to an offence punishable by imprisonment for life.\n> \n> **s 21:** Am 1990 No 11, Sch 2; 1990 No 48, Sch 1; 1990 No 83, Sch 1; 1990 No 108, Sch 2; 1991 No 53, Sch 1; 1992 No 46, Sch 1; 1992 No 94, sec 197; 1995 No 7, Sch 1; 1995 No 16, Sch 1; 1995 No 27, Sch 1; 1995 No 99, Sch 1; 1996 No 17, Sch 5; 1996 No 24, Sch 1; 1997 No 11, Sch 1.10; 1997 No 20, Sch 1.7 \\[1\\]; 1997 No 77, Sch 6.2; 1998 No 41, Sch 1.4 \\[1\\]; 1999 No 1, Sch 2.2 \\[1\\]–\\[3\\]; 1999 No 85, Sch 1.16 \\[1\\]; 1999 No 94, Sch 4.33 \\[1\\], 4.122; 2001 No 15, Sch 6.3; 2001 No 16, Sch 6.3; 2001 No 34, Sch 4.26 \\[1\\]; 2001 No 64, Sch 6.3; 2001 No 67, Sch 6.4; 2001 No 69, Sch 6.2; 2001 No 121, Sch 2.129 \\[1\\] \\[2\\]; 2002 No 30, Sch 6.3; 2002 No 43, Sch 7.4 \\[1\\]; 2002 No 51, Sch 2.3; 2003 No 69, Sch 6.3; 2004 No 114, Sch 2.11; 2005 No 43, Sch 7.7 \\[3\\]; 2005 No 46, Sch 11.4; 2005 No 98, Sch 3.34; 2006 No 2, Sch 5.7 \\[1\\]; 2006 No 43, Sch 1 \\[2\\] \\[3\\]; 2006 No 59, Sch 7.8; 2006 No 94, Sch 3.18; 2007 No 8, Sch 7.5; 2007 No 94, Sch 1.53 \\[1\\]; 2008 No 31, Sch 1.3 \\[1\\]; 2008 No 79, Sch 3.9; 2009 No 49, Sch 2.30; 2010 No 6, Sch 2.7; 2010 No 17, Sch 1.1; 2010 No 34, Sch 2.29; 2011 No 41, Sch 5.13; 2013 No 40, Sch 6.5 \\[1\\]; 2013 No 47, Schs 1.17 \\[1\\], 2.16; 2013 No 90, Sch 1.6 \\[1\\]; 2013 No 95, Sch 2.86; 2015 No 7, Sch 2.24; 2015 No 23, Sch 2.l; 2017 No 50, Sch 4 \\[1\\]; 2017 No 55, Sch 3.6; 2020 No 30, Sch 2.22; 2022 No 8, Sch 5.6\\[1\\]; 2023 No 7, Schs 2.31, 3.1\\[2\\] \\[3\\] \\[6\\].","sortOrder":24},{"sectionNumber":"21A","sectionType":"section","heading":null,"content":"#### 21A\n\n21A, 21B (Repealed)","sortOrder":25},{"sectionNumber":"21C","sectionType":"section","heading":"References to de facto partners and de facto relationships","content":"#### 21C References to de facto partners and de facto relationships\n\n21C References to de facto partners and de facto relationships\n\n> > (1) Meaning of “de facto partner” For the purposes of any Act or instrument, a person is the de facto partner of another person (whether of the same sex or a different sex) if—\n> > \n> > > (a) the person is in a registered relationship or interstate registered relationship with the other person within the meaning of the [Relationships Register Act 2010](/view/html/inforce/current/act-2010-019), or\n> > \n> > > (b) the person is in a de facto relationship with the other person.\n> \n> > (2) Meaning of “de facto relationship” For the purposes of any Act or instrument, a person is in a de facto relationship with another person if—\n> > \n> > > (a) they have a relationship as a couple living together, and\n> > \n> > > (b) they are not married to one another or related by family.\n> > \n> > A de facto relationship can exist even if one of the persons is legally married to someone else or in a registered relationship or interstate registered relationship with someone else.\n> \n> > (3) Determination of “relationship as a couple” In determining whether 2 persons have a relationship as a couple for the purposes of subsection (2), all the circumstances of the relationship are to be taken into account, including any of the following matters that are relevant in a particular case—\n> > \n> > > (a) the duration of the relationship,\n> > \n> > > (b) the nature and extent of their common residence,\n> > \n> > > (c) whether a sexual relationship exists,\n> > \n> > > (d) the degree of financial dependence or interdependence, and any arrangements for financial support, between them,\n> > \n> > > (e) the ownership, use and acquisition of property,\n> > \n> > > (f) the degree of mutual commitment to a shared life,\n> > \n> > > (g) the care and support of children,\n> > \n> > > (h) the performance of household duties,\n> > \n> > > (i) the reputation and public aspects of the relationship.\n> > \n> > No particular finding in relation to any of those matters is necessary in determining whether 2 persons have a relationship as a couple.\n> \n> > (4) Meaning of “related by family” For the purposes of subsection (2), 2 persons are related by family if—\n> > \n> > > (a) one is the child (including an adopted child) of the other, or\n> > \n> > > (b) one is another descendant of the other (even if the relationship between them is traced through an adoptive parent), or\n> > \n> > > (c) they have a parent in common (including an adoptive parent of either or both of them).\n> \n> > (5) Subsection (4) applies—\n> > \n> > > (a) even if an adoption has been declared void or is of no effect, and\n> > \n> > > (b) to adoptions under the law of any place (whether in or out of Australia) relating to the adoption of children.\n> \n> > (6) Subsection (4) applies in relation to a child whose parentage is transferred as a result of a parentage order, or an Interstate parentage order, within the meaning of the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102) in the same way as it applies in relation to an adopted child, even if the parentage order is discharged or otherwise ceases to have effect. For that purpose, a reference in that subsection to an adoptive parent is to be read as a reference to a person to whom the parentage of a child is transferred under such a parentage order.\n> \n> **s 21C:** Ins 2010 No 19, Sch 2.2. Am 2010 No 102, Sch 2.4.","sortOrder":27},{"sectionNumber":"21D","sectionType":"section","heading":"References to health practitioners","content":"#### 21D References to health practitioners\n\n21D References to health practitioners\n\n> > (1) In any Act or instrument, a reference to a named class of health practitioner in a health profession within the meaning of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) means a person who, under that Law, is registered (other than as a student) and is authorised to use that name.\n> \n> > (2) However, if the reference is to a registered nurse this is taken not to include a reference to a person who is registered under that Law as an enrolled nurse.\n> \n> **s 21D:** Ins 2017 No 50, Sch 4 \\[2\\].","sortOrder":28},{"sectionNumber":"Part 3","sectionType":"part","heading":"Commencement of Acts and instruments","content":"# Part 3 Commencement of Acts and instruments\n\nPart 3 Commencement of Acts and instruments","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"References to enactment etc of Acts","content":"#### 22 References to enactment etc of Acts\n\n22 References to enactment etc of Acts\n\n> > (1) In any Act or instrument, a reference to the enactment of an Act or the passing of an Act is a reference to the fact of the Act’s having received the Royal Assent.\n> \n> > (2) The date purporting to be the date of assent to an Act, as appearing on a copy of the Act published on the NSW legislation website, is admissible in any legal proceedings as evidence of the date of assent to the Act.\n> \n> **s 22:** Am 2024 No 82, Sch 3.5\\[1\\].","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Commencement of Acts","content":"#### 23 Commencement of Acts\n\n23 Commencement of Acts\n\n> > (1) An Act shall commence, or shall be deemed to have commenced—\n> > \n> > > (a) except as provided by paragraphs (b) and (c)—on the day occurring 28 days after the date of assent to the Act,\n> > \n> > > (b) if the Act provides for its commencement, whether by proclamation under the Act or otherwise—on the day or days specified in, or ascertained in accordance with, that provision, or\n> > \n> > > (c) if a day is appointed for its commencement by a proclamation under subsection (2)—on the day so appointed.\n> \n> > (2) The Governor may, by proclamation, appoint a day for the commencement of an Act that does not provide for its commencement, being a day that occurs—\n> > \n> > > (a) no earlier than the date of assent to the Act, and\n> > \n> > > (b) no later than the day occurring 28 days after the date of assent to the Act.\n> \n> > (3) A power to appoint by proclamation a day on which an Act shall commence does not include power to appoint a day prior to the day on which the proclamation appointing the day is published.\n> \n> > (4) A power to appoint by proclamation a day on which an Act shall commence does not include power to appoint different days for different portions of the Act unless express provision is made in the Act for that purpose.\n> \n> > (4A) A power to appoint by proclamation different days for the commencement of different portions of an Act includes the power to appoint different days for the commencement of the repeal of different portions of any previous Act or instrument repealed by a provision of the Act.\n> \n> > (5) A proclamation appointing a day on which an Act shall commence does not fail merely because the proclamation is not published until after that day but, in that event, the Act shall not commence on that day but shall commence—\n> > \n> > > (a) except as provided by paragraph (b)—on the day on which the proclamation is published, or\n> > \n> > > (b) in the case of a proclamation under subsection (2)—\n> > > \n> > > > (i) on the day on which the proclamation is published, or\n> > > \n> > > > (ii) on the day on which the Act would have commenced had the proclamation not been made,\n> > > \n> > > whichever is the earlier.\n> \n> > (6) An Act may be referred to by its short title (or name) even though the provision that specifies the short title (or name) has not commenced.\n> \n> > (7) If an Act provides for its commencement, whether by proclamation under the Act or otherwise—\n> > \n> > > (a) that provision has effect for the purposes of subsection (1) (b), and\n> > \n> > > (b) in the case of an Act that provides for its commencement by proclamation under the Act—such a proclamation may be made and shall have effect,\n> > \n> > even though that provision has not commenced.\n> \n> > (8) In this section, published means published on the NSW legislation website.\n> \n> **s 23:** Am 1995 No 16, Sch 1; 2006 No 43, Sch 1 \\[4\\]– \\[6\\]; 2013 No 47, Sch 1.17 \\[2\\].","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Time of commencement of Acts and statutory rules","content":"#### 24 Time of commencement of Acts and statutory rules\n\n24 Time of commencement of Acts and statutory rules\n\n> If an Act or statutory rule provides that it shall commence, or be deemed to have commenced, on a particular day, it shall commence, or be deemed to have commenced, at the beginning of that day.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"References to commencement of Acts and instruments","content":"#### 25 References to commencement of Acts and instruments\n\n25 References to commencement of Acts and instruments\n\n> If an Act or instrument provides that all of its provisions, with specified exceptions, shall commence, or be deemed to have commenced, at the same time, a reference in any other Act or instrument to the commencement of the firstmentioned Act or instrument shall be read as a reference to the commencement of all of its provisions, with those specified exceptions.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Exercise of certain powers between enactment and commencement of Acts and making and commencement of instruments","content":"#### 26 Exercise of certain powers between enactment and commencement of Acts and making and commencement of instruments\n\n26 Exercise of certain powers between enactment and commencement of Acts and making and commencement of instruments\n\n> > (1) If an Act (in this section referred to as the Act concerned) that does not commence on its enactment would, had it commenced—\n> > \n> > > (a) confer a power, or\n> > \n> > > (b) amend some other Act in such a manner that the other Act, as amended, would confer a power,\n> > \n> > that must or may be exercised by the making of an instrument of a legislative or administrative character, then—\n> > \n> > > (c) such an instrument may be made, and\n> > \n> > > (d) any thing may be done for the purpose of enabling such an instrument to be made or of bringing such an instrument into effect,\n> > \n> > before the Act concerned commences, as if the Act concerned had commenced.\n> \n> > (2) A provision of an instrument made by virtue of subsection (1) shall take effect—\n> > \n> > > (a) on the day on which the Act concerned commences, or\n> > \n> > > (b) on the day on which the provision would have taken effect had the Act concerned commenced when the instrument was made,\n> > \n> > whichever is the later.\n> \n> > (3) If—\n> > \n> > > (a) this section applies to an Act that would, had it commenced, amend some other Act as referred to in subsection (1) (b), and\n> > \n> > > (b) the other Act has not commenced,\n> > \n> > this section has effect as if the references in subsections (1) and (2) to the commencement of the Act concerned were references to the commencement of the other Act, as amended by the Act concerned.\n> \n> > (4) This section applies to an instrument that does not commence on its making in the same way as it applies to an Act that does not commence on its enactment. For that purpose, a reference in this section to an amendment of some other Act includes a reference to an amendment of some other instrument.\n> \n> **s 26:** Am 2009 No 106, Sch 1.10 \\[1\\].","sortOrder":34},{"sectionNumber":"Part 4","sectionType":"part","heading":"Amendments and repeals","content":"# Part 4 Amendments and repeals\n\nPart 4 Amendments and repeals","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Acts may be amended etc in the same session of Parliament","content":"#### 27 Acts may be amended etc in the same session of Parliament\n\n27 Acts may be amended etc in the same session of Parliament\n\n> An Act may be amended or repealed in the same session of Parliament as that in which it was passed.","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Repealed Acts and statutory rules not revived","content":"#### 28 Repealed Acts and statutory rules not revived\n\n28 Repealed Acts and statutory rules not revived\n\n> An Act or statutory rule that has been repealed by some other Act or statutory rule is not revived merely because the other Act or statutory rule is subsequently amended or repealed or subsequently ceases to have effect.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Repealed Acts and statutory rules continue in force","content":"#### 29 Repealed Acts and statutory rules continue in force\n\n29 Repealed Acts and statutory rules continue in force\n\n> If an Act or statutory rule repeals some or all of the provisions of some other Act or statutory rule and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.","sortOrder":38},{"sectionNumber":"29A","sectionType":"section","heading":"Revocation of repeal of Acts and instruments","content":"#### 29A Revocation of repeal of Acts and instruments\n\n29A Revocation of repeal of Acts and instruments\n\n> > (1) The Governor may, by proclamation published on the NSW legislation website, revoke the repeal of an Act or instrument if the revocation of the repeal is authorised by this section. In that case, the Act or instrument is taken not to be, and never to have been, repealed.\n> \n> > (2) The revocation of the repeal of an Act or instrument is authorised only if, at the time of the repeal, the Act or instrument effecting the repeal—\n> > \n> > > (a) stated that this section applied to the repeal or otherwise authorised the Governor to revoke the repeal, or\n> > \n> > > (b) described the repeal (in a heading or otherwise) as the repeal of redundant, spent or unnecessary Acts or instruments.\n> \n> > (3) The revocation of the repeal of an Act or instrument under this section does not operate so as—\n> > \n> > > (a) to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the revocation of the repeal, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the revocation of the repeal.\n> \n> **s 29A:** Ins 2010 No 119, Sch 4.","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Effect of amendment or repeal of Acts and statutory rules","content":"#### 30 Effect of amendment or repeal of Acts and statutory rules\n\n30 Effect of amendment or repeal of Acts and statutory rules\n\n> > (1) The amendment or repeal of an Act or statutory rule does not—\n> > \n> > > (a) revive anything not in force or existing at the time at which the amendment or repeal takes effect, or\n> > \n> > > (b) affect the previous operation of the Act or statutory rule or anything duly suffered, done or commenced under the Act or statutory rule, or\n> > \n> > > (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act or statutory rule, or\n> > \n> > > (d) affect any penalty incurred in respect of any offence arising under the Act or statutory rule, or\n> > \n> > > (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability or penalty,\n> > \n> > and any such penalty may be imposed and enforced, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, as if the Act or statutory rule had not been amended or repealed.\n> \n> > (2) Without limiting the effect of subsection (1), the amendment or repeal of an Act or statutory rule does not affect—\n> > \n> > > (a) the proof of any past act or thing, or\n> > \n> > > (b) any right, privilege, obligation or liability saved by the operation of the Act or statutory rule, or\n> > \n> > > (c) any amendment or validation made by the Act or statutory rule, or\n> > \n> > > (d) the operation of any savings or transitional provision contained in the Act or statutory rule.\n> \n> > (3) This section applies to the amendment or repeal of an Act or statutory rule in addition to, and without limiting the effect of, any provision of the Act or statutory rule by which the amendment or repeal is effected.\n> \n> > (4) In this section, a reference to the amendment or repeal of an Act or statutory rule includes—\n> > \n> > > (a) a reference to the expiration of the Act or statutory rule,\n> > \n> > > (b) a reference to an amendment or repeal of the Act or statutory rule effected by implication,\n> > \n> > > (c) a reference to the abrogation, limitation or extension of the effect of the Act or statutory rule, and\n> > \n> > > (d) a reference to—\n> > > \n> > > > (i) the exclusion from the application of the Act or statutory rule, or\n> > > \n> > > > (ii) the inclusion within the application of the Act or statutory rule,\n> > > \n> > > of any person, subject-matter or circumstance.\n> \n> **s 30:** Am 1995 No 99, Sch 1.","sortOrder":40},{"sectionNumber":"30A","sectionType":"section","heading":"Transferred provisions","content":"#### 30A Transferred provisions\n\n30A Transferred provisions\n\n> > (1) This section applies where a provision is transferred from an Act or statutory rule to another Act or statutory rule and an Act or statutory rule states that the provision is a transferred provision to which this section applies.\n> \n> > (2) The transfer does not affect the operation (if any) or meaning of the provision, and accordingly the provision is to be construed as if it had not been so transferred.\n> \n> > (3) This section applies whether or not the provision is modified, but has effect subject to any such modification.\n> \n> **s 30A:** Ins 1995 No 16, Sch 1. Am 2021 No 22, Sch 5.2.","sortOrder":41},{"sectionNumber":"30B","sectionType":"section","heading":"Effect of amendment of instrument by an Act","content":"#### 30B Effect of amendment of instrument by an Act\n\n30B Effect of amendment of instrument by an Act\n\n> The amendment of an instrument by an Act does not prevent its later amendment or repeal by another instrument.\n> \n> **s 30B:** Ins 1996 No 121, Sch 1.7. Am 2012 No 42, Sch 1.17 \\[1\\] \\[2\\].","sortOrder":42},{"sectionNumber":"30C","sectionType":"section","heading":"Automatic repeal of amending Acts that have commenced","content":"#### 30C Automatic repeal of amending Acts that have commenced\n\n30C Automatic repeal of amending Acts that have commenced\n\n> > (1) In this section—\n> > \n> > amending Act means—\n> > \n> > > (a) a whole Act that directly amends or repeals other Acts or instruments and that contains no other provisions apart from ancillary provisions, or\n> > \n> > > (b) a section or subsection of an Act, a schedule or subschedule to an Act or a provision of any such schedule or subschedule that directly amends or repeals other Acts or instruments and that contains no other provisions apart from ancillary provisions.\n> > \n> > ancillary provision of an amending Act means the long title of the Act, a preamble to the Act, a provision that specifies the short title or name of the Act, a provision that provides for the commencement of the Act, a provision that declares that notes in the Act do not form part of the Act or a provision that gives effect to or describes a schedule to the Act.\n> \n> > (2) An amending Act is repealed on the day after all of its provisions have commenced (except as provided by subsection (3)).\n> \n> > (3) If an amending Act commences before the date of assent, the amending Act is repealed on the day after the date of assent.\n> \n> > (4) The repeal by this section of an amending Act does not, because of the operation of section 30, affect any amendment or repeal made by the amending Act.\n> \n> > (5) This section does not apply to an amending Act that makes provision for the repeal of the amending Act.\n> \n> > (6) This section applies only to an amending Act enacted after 1 January 2009.\n> \n> **s 30C:** Ins 2008 No 114, Sch 1.10 \\[1\\]. Am 2012 No 42, Sch 1.17 \\[3\\] \\[4\\].","sortOrder":43},{"sectionNumber":"30D","sectionType":"section","heading":"Time of repeal of Acts and instruments","content":"#### 30D Time of repeal of Acts and instruments\n\n30D Time of repeal of Acts and instruments\n\n> If an Act or instrument, or a provision of an Act or instrument, is repealed on a day, the Act or instrument, or provision, is repealed at the beginning of the day.\n> \n> **s 30D:** Ins 2024 No 47, Sch 1.18\\[1\\].","sortOrder":44},{"sectionNumber":"Part 5","sectionType":"part","heading":"Construction of Acts and instruments","content":"# Part 5 Construction of Acts and instruments\n\nPart 5 Construction of Acts and instruments","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Acts and instruments to be construed so as not to exceed the legislative power of Parliament","content":"#### 31 Acts and instruments to be construed so as not to exceed the legislative power of Parliament\n\n31 Acts and instruments to be construed so as not to exceed the legislative power of Parliament\n\n> > (1) An Act or instrument shall be construed as operating to the full extent of, but so as not to exceed, the legislative power of Parliament.\n> \n> > (2) If any provision of an Act or instrument, or the application of any such provision to any person, subject-matter or circumstance, would, but for this section, be construed as being in excess of the legislative power of Parliament—\n> > \n> > > (a) it shall be a valid provision to the extent to which it is not in excess of that power, and\n> > \n> > > (b) the remainder of the Act or instrument, and the application of the provision to other persons, subject-matters or circumstances, shall not be affected.\n> \n> > (3) This section applies to an Act or instrument in addition to, and without limiting the effect of, any provision of the Act or instrument.","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Instruments to be construed so as not to exceed the powers conferred by the Acts under which they are made","content":"#### 32 Instruments to be construed so as not to exceed the powers conferred by the Acts under which they are made\n\n32 Instruments to be construed so as not to exceed the powers conferred by the Acts under which they are made\n\n> > (1) An instrument shall be construed as operating to the full extent of, but so as not to exceed, the power conferred by the Act under which it is made.\n> \n> > (2) If any provision of an instrument, or the application of any such provision to any person, subject-matter or circumstance, would, but for this section, be construed as being in excess of the power conferred by the Act under which it is made—\n> > \n> > > (a) it shall be a valid provision to the extent to which it is not in excess of that power, and\n> > \n> > > (b) the remainder of the instrument, and the application of the provision to other persons, subject-matters or circumstances, shall not be affected.\n> \n> > (3) This section applies to an instrument in addition to, and without limiting the effect of, any provision of the instrument or of the Act under which it is made.","sortOrder":47},{"sectionNumber":"33","sectionType":"section","heading":"Regard to be had to purposes or objects of Acts and statutory rules","content":"#### 33 Regard to be had to purposes or objects of Acts and statutory rules\n\n33 Regard to be had to purposes or objects of Acts and statutory rules\n\n> In the interpretation of a provision of an Act or statutory rule, a construction that would promote the purpose or object underlying the Act or statutory rule (whether or not that purpose or object is expressly stated in the Act or statutory rule or, in the case of a statutory rule, in the Act under which the rule was made) shall be preferred to a construction that would not promote that purpose or object.","sortOrder":48},{"sectionNumber":"34","sectionType":"section","heading":"Use of extrinsic material in the interpretation of Acts and statutory rules","content":"#### 34 Use of extrinsic material in the interpretation of Acts and statutory rules\n\n34 Use of extrinsic material in the interpretation of Acts and statutory rules\n\n> > (1) In the interpretation of a provision of an Act or statutory rule, if any material not forming part of the Act or statutory rule is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to that material—\n> > \n> > > (a) to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision (taking into account its context in the Act or statutory rule and the purpose or object underlying the Act or statutory rule and, in the case of a statutory rule, the purpose or object underlying the Act under which the rule was made), or\n> > \n> > > (b) to determine the meaning of the provision—\n> > > \n> > > > (i) if the provision is ambiguous or obscure, or\n> > > \n> > > > (ii) if the ordinary meaning conveyed by the text of the provision (taking into account its context in the Act or statutory rule and the purpose or object underlying the Act or statutory rule and, in the case of a statutory rule, the purpose or object underlying the Act under which the rule was made) leads to a result that is manifestly absurd or is unreasonable.\n> \n> > (2) Without limiting the effect of subsection (1), the material that may be considered in the interpretation of a provision of an Act, or a statutory rule made under the Act, includes—\n> > \n> > > (a) all matters not forming part of the Act that are set out in the document containing the text of the Act as published on the NSW legislation website,\n> > \n> > > (b) any relevant report of a Royal Commission, Law Reform Commission, committee of inquiry or other similar body that was laid before either House of Parliament before the provision was enacted or made,\n> > \n> > > (c) any relevant report of a committee of Parliament or of either House of Parliament before the provision was enacted or made,\n> > \n> > > (d) any treaty or other international agreement that is referred to in the Act,\n> > \n> > > (e) any explanatory note or memorandum relating to the Bill for the Act, or any other relevant document, that was laid before, or furnished to the members of, either House of Parliament by a Minister or other member of Parliament introducing the Bill before the provision was enacted or made,\n> > \n> > > (f) the speech made to a House of Parliament by a Minister or other member of Parliament on the occasion of the moving by that Minister or member of a motion that the Bill for the Act be read a second time in that House,\n> > \n> > > (g) any document (whether or not a document to which a preceding paragraph applies) that is declared by the Act to be a relevant document for the purposes of this section, and\n> > \n> > > (h) any relevant material in the Minutes of Proceedings or the Votes and Proceedings of either House of Parliament or in any official record of debates in Parliament or either House of Parliament.\n> \n> > (3) In determining whether consideration should be given to any material, or in considering the weight to be given to any material, regard shall be had, in addition to any other relevant matters, to—\n> > \n> > > (a) the desirability of persons being able to rely on the ordinary meaning conveyed by the text of the provision (taking into account its context in the Act or statutory rule and the purpose or object underlying the Act or statutory rule and, in the case of a statutory rule, the purpose or object underlying the Act under which the rule was made), and\n> > \n> > > (b) the need to avoid prolonging legal or other proceedings without compensating advantage.\n> \n> **s 34:** Am 1992 No 57, Sch 1; 2024 No 82, Sch 3.5\\[2\\].","sortOrder":49},{"sectionNumber":"34A","sectionType":"section","heading":"Declaration of validity of certain laws","content":"#### 34A Declaration of validity of certain laws\n\n34A Declaration of validity of certain laws\n\n> Each provision of an Act or statutory rule enacted or made, or purporting to have been enacted or made, before the commencement of the Australia Acts—\n> \n> > (a) has the same effect as it would have had, and\n> \n> > (b) is as valid as it would have been,\n> \n> if the Australia Acts had been in operation at the time of its enactment or making, or purported enactment or making.\n> \n> **s 34A:** Ins 1992 No 21, sec 3.","sortOrder":50},{"sectionNumber":"35","sectionType":"section","heading":"Headings etc","content":"#### 35 Headings etc\n\n35 Headings etc\n\n> > (1) Headings to provisions of an Act or instrument, being headings to—\n> > \n> > > (a) Chapters, Parts, Divisions or Subdivisions into which the Act or instrument is divided, or\n> > \n> > > (b) Schedules to the Act or instrument,\n> > \n> > shall be taken to be part of the Act or instrument.\n> \n> > (2) Except as provided by subsections (3) and (4)—\n> > \n> > > (a) a heading to a provision of an Act or instrument (not being a heading referred to in subsection (1)),\n> > \n> > > (b) matter within a provision of an Act or instrument (being matter in parentheses that merely sets out a heading to or describes the effect of some other provision of the Act or instrument or of some other Act or instrument), or\n> > \n> > > (c) a marginal note, footnote or endnote in an Act or instrument,\n> > \n> > shall be taken not to be part of the Act or instrument.\n> \n> > (3) A heading to a provision of an Act or instrument (not being a heading referred to in subsection (1)) shall be taken to be part of the Act or instrument if, immediately before 1 February 1981 (being the date on which section 3 of the [Interpretation (Amendment) Act 1980](/view/pdf/asmade/act-1980-171) commenced), it was part of the Act or instrument.\n> \n> > (4) A heading to a provision of an Act or instrument (not being a heading referred to in subsection (1)), or a marginal note, footnote or endnote in an Act or instrument, shall be taken to be part of the Act or instrument if—\n> > \n> > > (a) it is referred to expressly, otherwise than by means of matter within some other provision of the Act or instrument (being matter in parentheses that merely sets out a heading to or describes the effect of the firstmentioned provision) or by means of a symbol, in some other part of the Act or instrument, or\n> > \n> > > (b) not being so referred to, it is a heading, marginal note, footnote or endnote to a table or form in the Act or instrument.\n> \n> > (4A) The number of a section, subsection, clause or subclause of an Act or instrument is taken to be part of the Act or instrument even though it appears in a heading to the section, subsection, clause or subclause.\n> \n> > (5) This section does not limit the application of section 34 in relation to the use of any heading, marginal note, footnote or endnote in the interpretation of the provision to which the heading, marginal note, footnote or endnote relates.\n> \n> **s 35:** Am 1995 No 16, Sch 1; 2006 No 58, Sch 2.25.","sortOrder":51},{"sectionNumber":"36","sectionType":"section","heading":"Reckoning of time","content":"#### 36 Reckoning of time\n\n36 Reckoning of time\n\n> > (1) If in any Act or instrument a period of time, dating from a given day, act or event, is prescribed or allowed for any purpose, the time shall be reckoned exclusive of that day or of the day of that act or event.\n> \n> > (2) If the last day of a period of time prescribed or allowed by an Act or instrument for the doing of any thing falls—\n> > \n> > > (a) on a Saturday or Sunday, or\n> > \n> > > (b) on a day that is a public holiday or bank holiday in the place in which the thing is to be or may be done,\n> > \n> > the thing may be done on the first day following that is not a Saturday or Sunday, or a public holiday or bank holiday in that place, as the case may be.\n> \n> > (3) If in any Act or instrument a period of time is prescribed or allowed for the doing of any thing and a power is conferred on any person or body to extend the period of time—\n> > \n> > > (a) that power may be exercised, and\n> > \n> > > (b) if the exercise of that power depends on the making of an application for an extension of the period of time—such an application may be made,\n> > \n> > after the period of time has expired.","sortOrder":52},{"sectionNumber":"37","sectionType":"section","heading":"Age","content":"#### 37 Age\n\n37 Age\n\n> For the purposes of any Act or instrument, a person attains an age in years at the beginning of the person’s birthday for that age.","sortOrder":53},{"sectionNumber":"38","sectionType":"section","heading":"Measurement of distance","content":"#### 38 Measurement of distance\n\n38 Measurement of distance\n\n> In the measurement of any distance—\n> \n> > (a) for the purposes of any Act passed before the commencement of this Act, or any instrument made under such an Act, the distance shall be measured according to the nearest route ordinarily used in travelling, and\n> \n> > (b) for the purposes of any Act passed after the commencement of this Act, or any instrument made under such an Act, the distance shall be measured in a straight line on a horizontal plane.","sortOrder":54},{"sectionNumber":"Part 6","sectionType":"part","heading":"Statutory rules and certain other instruments","content":"# Part 6 Statutory rules and certain other instruments\n\nPart 6 Statutory rules and certain other instruments","sortOrder":55},{"sectionNumber":"39","sectionType":"section","heading":"The making of statutory rules","content":"#### 39 The making of statutory rules\n\n39 The making of statutory rules\n\n> > (1) A statutory rule—\n> > \n> > > (a) shall be published on the NSW legislation website, and\n> > \n> > > (b) commences on the day on which it is so published or, if a later day is specified in the rule for that purpose, on the later day so specified.\n> \n> > (2) Subsection (1) does not prevent a statutory rule from specifying different days for the commencement of different portions of the rule.\n> \n> > (2A) Neither the whole nor any part of a statutory rule is invalid merely because (without statutory authority) the statutory rule is published on the NSW legislation website after the day on which one or more of its provisions is or are expressed to commence. In that case, that or those provisions commence on the day the statutory rule is published on the NSW legislation website, instead of on the earlier day.\n> \n> > (3) If an Act provides for the making of a statutory rule by a person or body other than the Governor, but the rule is required by law to be approved or confirmed by the Governor, subsections (1) and (2A) do not apply to the rule unless it has been approved or confirmed as so required.\n> \n> > (4) The Governor may, by order published on the NSW legislation website, exclude any specified class of statutory rules from the application of this section, but may do so only—\n> > \n> > > (a) in respect of statutory rules made under Acts passed before the commencement of this Act, and\n> > \n> > > (b) if, immediately before the commencement of this Act, section 41 of the [Interpretation Act 1897](/view/html/repealed/current/act-1897-004) did not apply to statutory rules of that class.\n> \n> > (5) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly.\n> \n> **s 39:** Am 1995 No 16, Sch 1; 2006 No 43, Sch 1 \\[7\\]; 2009 No 56, Sch 2.25 \\[1\\]–\\[3\\].","sortOrder":56},{"sectionNumber":"40","sectionType":"section","heading":"Notice of statutory rules to be tabled","content":"#### 40 Notice of statutory rules to be tabled\n\n40 Notice of statutory rules to be tabled\n\n> > (1) Written notice of the making of a statutory rule must be laid before each House of Parliament within 14 sitting days of that House after the day on which it is published on the NSW legislation website.\n> \n> > (2) A written notice is to identify the statutory rule to which it relates.\n> \n> > (3) A written notice shall identify a statutory rule by reference to—\n> > \n> > > (a) the Act under which it is made, and\n> > \n> > > (b) its citation (if any),\n> > \n> > but need not refer to this Act merely because of the operation of section 26 or 43 in relation to the making of the statutory rule.\n> \n> > (3A) A written notice may be laid before a House of Parliament by a Minister or by the Clerk of that House.\n> \n> > (4) Failure to lay a written notice before each House of Parliament in accordance with this section does not affect the validity of a statutory rule, but such a notice must nevertheless be laid before each House.\n> \n> > (5) Any provision of an Act that relates to the laying before each House of Parliament of statutory rules made under the Act is of no effect.\n> \n> > (6) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly.\n> \n> **s 40:** Am 1993 No 48, Sch 2; 2006 No 43, Sch 1 \\[8\\].","sortOrder":57},{"sectionNumber":"41","sectionType":"section","heading":"Disallowance of statutory rules","content":"#### 41 Disallowance of statutory rules\n\n41 Disallowance of statutory rules\n\n> > (1) Either House of Parliament may pass a resolution disallowing a statutory rule—\n> > \n> > > (a) at any time before the relevant written notice is laid before the House, or\n> > \n> > > (b) at any time after the relevant written notice is laid before the House, but only if notice of the resolution was given within 15 sitting days of the House after the relevant written notice was so laid.\n> \n> > (2) On the passing of a resolution disallowing a statutory rule, the rule shall cease to have effect.\n> \n> > (3) The disallowance of a statutory rule has the same effect as a repeal of the rule.\n> \n> > (4) If—\n> > \n> > > (a) a statutory rule ceases to have effect by virtue of its disallowance, and\n> > \n> > > (b) the rule amended or repealed some other Act or statutory rule that was in force immediately before the rule took effect,\n> > \n> > the disallowance of the rule has the effect of restoring or reviving the other Act or statutory rule, as it was immediately before it was amended or repealed, as if the rule had not been made.\n> \n> > (5) The restoration or revival of an Act or statutory rule pursuant to subsection (4) takes effect on the day on which the statutory rule by which it was amended or repealed ceases to have effect.\n> \n> > (6) This section applies to a portion of a statutory rule in the same way as it applies to the whole of a statutory rule.\n> \n> > (7) Any provision of an Act that relates to the disallowance of statutory rules made under the Act is of no effect.\n> \n> > (8) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly.\n> \n> > (9) This section does not limit any provision of an Act (for example, section 14A (6) of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032)) that provides that a statutory rule shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament.","sortOrder":58},{"sectionNumber":"42","sectionType":"section","heading":"Matters for which statutory rules may make provision","content":"#### 42 Matters for which statutory rules may make provision\n\n42 Matters for which statutory rules may make provision\n\n> > (1) If an Act authorises or requires provision to be made for or with respect to any matter by a statutory rule, such a rule may make provision for or with respect to that matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or of any other publication, whether of the same or of a different kind.\n> \n> > (2) A statutory rule may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,\n> > \n> > > (b) apply differently according to different factors of a specified kind, or\n> > \n> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,\n> > \n> > or may do any combination of those things.\n> \n> > (3) This section applies to a statutory rule in addition to, and without limiting the effect of, any provision of the Act under which the rule is made.\n> \n> > (4) The Governor may, by order published in the Gazette, exclude any specified class of statutory rules from the application of subsection (1) or (2), but may do so only in respect of statutory rules made under Acts passed before the commencement of this Act.","sortOrder":59},{"sectionNumber":"43","sectionType":"section","heading":"Implied power to amend or repeal statutory rules and orders","content":"#### 43 Implied power to amend or repeal statutory rules and orders\n\n43 Implied power to amend or repeal statutory rules and orders\n\n> > (1) If an Act confers a power on any person or body to make a statutory rule, the power includes power to amend or repeal any statutory rule made in the exercise of that power.\n> \n> > (2) If an Act or statutory rule confers a power on any person or body to make an order (whether or not the order must be in writing), the power includes power to amend or repeal any order made in the exercise of that power.\n> \n> > (3) If the power of a person or body to make a statutory rule or order is exercisable only on the recommendation, or with the approval or consent, of some other person or body, the power to amend or repeal a statutory rule or order made in the exercise of that power is exercisable only on the recommendation, or with the approval or consent, of that other person or body.","sortOrder":60},{"sectionNumber":"44","sectionType":"section","heading":null,"content":"#### 44\n\n44 (Repealed)","sortOrder":61},{"sectionNumber":"45","sectionType":"section","heading":"Presumption of validity of certain instruments","content":"#### 45 Presumption of validity of certain instruments\n\n45 Presumption of validity of certain instruments\n\n> > (1) It shall be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of an instrument have been complied with and performed.\n> \n> > (2) In this section—\n> > \n> > instrument means—\n> > \n> > > (a) an instrument—\n> > > \n> > > > (i) that is made by the Governor, or\n> > > \n> > > > (ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or\n> > \n> > > (b) a rule of court, or\n> > \n> > > (c) an environmental planning instrument,\n> > \n> > being an instrument or rule of court that is required by law to be published on the NSW legislation website or in the Gazette.\n> \n> **s 45:** Am 2005 No 43, Sch 7.7 \\[4\\]; 2006 No 43, Sch 1 \\[10\\].","sortOrder":63},{"sectionNumber":"45A","sectionType":"section","heading":"Tabling of instruments","content":"#### 45A Tabling of instruments\n\n45A Tabling of instruments\n\n> An instrument that, under any other Act, may or must be tabled in a House of Parliament (without any indication as to who is authorised or required to table it) may be laid before the House by a Minister or the Clerk of the House. This section does not affect any other way in which the instrument can be laid before the House.\n> \n> **s 45A:** Ins 1995 No 16, Sch 1.","sortOrder":64},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Publication of legislation","content":"# Part 6A Publication of legislation\n\nPart 6A Publication of legislation\n\n**pt 6A:** Ins 2006 No 43, Sch 1 \\[11\\].","sortOrder":65},{"sectionNumber":"45B","sectionType":"section","heading":"Definitions","content":"#### 45B Definitions\n\n45B Definitions\n\n> In this Part—\n> \n> legislation means—\n> \n> > (a) an Act or instrument of this jurisdiction, or\n> \n> > (b) a law of another jurisdiction that, under such an Act or instrument, applies as a law of New South Wales, or\n> \n> > (c) a publication applied, adopted or incorporated by such an Act or instrument by way of reference,\n> \n> and includes a portion of any such legislation.\n> \n> **s 45B:** Ins 2006 No 43, Sch 1 \\[11\\]. Am 2023 No 7, Sch 3.1\\[4\\].","sortOrder":66},{"sectionNumber":"45C","sectionType":"section","heading":"Publication on NSW legislation website","content":"#### 45C Publication on NSW legislation website\n\n45C Publication on NSW legislation website\n\n> > (1) The Parliamentary Counsel may publish on the NSW legislation website under the authority of the Government—\n> > \n> > > (a) legislation (as originally made or as amended), and\n> > \n> > > (a1) the Gazette (as individual gazette notices or as a collection of gazette notices), and\n> > \n> > > (b) other matter (including information relating to legislation and any matter authorised by law to be published on the website).\n> \n> > (2) Legislation, the Gazette or other matter is published on the NSW legislation website—\n> > \n> > > (a) if it is made accessible in full on that website, or\n> > \n> > > (b) if notice of its making, issue or other production is made accessible on that website and it is made accessible separately in full on that website or in any other identified location.\n> \n> > (3) The date on which legislation, the Gazette or other matter is published on the NSW legislation website is the date notified by the Parliamentary Counsel as the date of its publication (being not earlier than the date on which it was first made so accessible).\n> \n> > (4) If legislation, the Gazette or other matter cannot for technical or other reasons be published on the NSW legislation website at a particular time, the legislation, the Gazette or other matter may be published at that time in such other manner as the Parliamentary Counsel determines and published on that website as soon as practicable thereafter. In that case, it is taken to have been published on that website at that earlier time.\n> \n> > (5) The Parliamentary Counsel is to compile and maintain a database of legislation or Gazettes published on the NSW legislation website, and may certify the form of legislation or Gazettes so published that is correct.\n> \n> > (6) For the purpose of facilitating public access to instruments on the NSW legislation website, the Parliamentary Counsel may determine the following matters—\n> > \n> > > (a) the requirements for lodging instruments required to be published on that website,\n> > \n> > > (b) standard technical requirements with respect to the drafting or form of those instruments.\n> \n> **s 45C:** Ins 2006 No 43, Sch 1 \\[11\\]. Am 2009 No 106, Sch 1.10 \\[2\\]; 2013 No 47, Sch 1.17 \\[4\\]–\\[7\\].","sortOrder":67},{"sectionNumber":"45D","sectionType":"section","heading":null,"content":"#### 45D\n\n45D (Repealed)","sortOrder":68},{"sectionNumber":"45E","sectionType":"section","heading":"Style changes, roman numerals, colons and dashes","content":"#### 45E Style changes, roman numerals, colons and dashes\n\n45E Style changes, roman numerals, colons and dashes\n\n(cf former ss 9D and 9F of [Reprints Act 1972](/view/html/repealed/current/act-1972-048))\n\n> > (1) Legislation may be published under this Part—\n> > \n> > > (a) with the omission of the enacting formula, and\n> > \n> > > (b) with the omission of any comma before or after the year in the short title or citation of the legislation (or in references to the short title or citation of legislation of this or any other jurisdiction), and\n> > \n> > > (c) with the omission of inverted commas around the short title or citation of legislation, and\n> > \n> > > (d) with other changes to the format (but not to the text) of legislation so as to conform to current styles in the State.\n> \n> > (2) For the purposes of publication under this Part and for all other purposes—\n> > \n> > > (a) roman numerals in legislation may be regarded as being interchangeable with the corresponding arabic numerals, and\n> > \n> > > (b) colons in legislation may be regarded as being interchangeable with dashes.\n> \n> **s 45E:** Ins 2006 No 43, Sch 1 \\[11\\].","sortOrder":70},{"sectionNumber":"Part 7","sectionType":"part","heading":"Exercise of statutory functions","content":"# Part 7 Exercise of statutory functions\n\nPart 7 Exercise of statutory functions","sortOrder":71},{"sectionNumber":"46","sectionType":"section","heading":"Appointments may be made by name or by office","content":"#### 46 Appointments may be made by name or by office\n\n46 Appointments may be made by name or by office\n\n> > (1) If an Act or instrument confers a power on any person or body—\n> > \n> > > (a) to appoint a person to an office,\n> > \n> > > (b) to appoint a person or body to exercise a function, or\n> > \n> > > (c) to appoint a person or body to do any other thing,\n> > \n> > the person or body may make the appointment by appointing a person or body by name or by appointing a particular officer or the holder of a particular office by reference to the title of the office concerned.\n> \n> > (2) Any appointment of a particular officer or the holder of a particular office shall be taken to be the appointment of the person for the time being occupying or acting in the office concerned.","sortOrder":72},{"sectionNumber":"47","sectionType":"section","heading":"Powers of appointment imply certain incidental powers","content":"#### 47 Powers of appointment imply certain incidental powers\n\n47 Powers of appointment imply certain incidental powers\n\n> > (1) If an Act or instrument confers a power on any person or body to appoint a person to an office—\n> > \n> > > (a) the power may be exercised from time to time, as occasion requires, and\n> > \n> > > (b) the power includes—\n> > > \n> > > > (i) power to remove or suspend, at any time, a person so appointed,\n> > > \n> > > > (ii) power to appoint some other person to act in the office of a person so removed or suspended,\n> > > \n> > > > (iii) power to appoint a person to act in a vacant office, whether or not the office has ever been filled, and\n> > > \n> > > > (iv) power to appoint a person to act in the office of a person who is absent from that office, whether because of illness or otherwise.\n> \n> > (2) The power to remove or suspend a person under subsection (1) (b) may be exercised even if the Act or instrument under which the person was appointed provides that a holder of the office to which the person was appointed shall hold office for a specified period of time.\n> \n> > (3) The power to make an appointment under subsection (1) (b) may be exercised—\n> > \n> > > (a) as occasion requires,\n> > \n> > > (b) in anticipation of a particular event, so as to provide that the appointment shall take effect when that event occurs, or\n> > \n> > > (c) in anticipation of a particular state of affairs, so as to provide that the appointment shall have effect while that state of affairs exists.","sortOrder":73},{"sectionNumber":"48","sectionType":"section","heading":"Exercise of statutory functions","content":"#### 48 Exercise of statutory functions\n\n48 Exercise of statutory functions\n\n> > (1) If an Act or instrument confers or imposes a function on any person or body, the function may be exercised (or, in the case of a duty, shall be performed) from time to time as occasion requires.\n> \n> > (2) If an Act or instrument confers or imposes a function on a particular officer or the holder of a particular office, the function may be exercised (or, in the case of a duty, shall be performed) by the person for the time being occupying or acting in the office concerned.","sortOrder":74},{"sectionNumber":"49","sectionType":"section","heading":"Delegation of functions","content":"#### 49 Delegation of functions\n\n49 Delegation of functions\n\n> > (1) If an Act or instrument confers a power on any person or body to delegate a function, the person or body may, in accordance with the Act or instrument, delegate the function to a person or body by name or to a particular officer or the holder of a particular office by reference to the title of the office concerned.\n> \n> > (2) A delegation—\n> > \n> > > (a) may be general or limited,\n> > \n> > > (b) shall be in, or be evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for that purpose, and\n> > \n> > > (c) may be revoked, wholly or partly, by the delegator.\n> \n> > (3) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n> \n> > (4) A delegate may, in the exercise of a delegated function, exercise any other function that is incidental to the delegated function.\n> \n> > (5) A delegated function that purports to have been exercised by a delegate shall, until the contrary is proved, be taken to have been duly exercised by the delegate.\n> \n> > (6) A delegated function that is duly exercised by a delegate shall be taken to have been exercised by the delegator.\n> \n> > (7) If—\n> > \n> > > (a) the exercise of a function by a person or body is, by virtue of an Act or instrument, dependent on the opinion, belief or state of mind of the person or body in relation to any matter, and\n> > \n> > > (b) the person or body has delegated the function to some other person or body,\n> > \n> > the function may be exercised by the delegate on the opinion, belief or state of mind of the delegate in relation to any such matter.\n> \n> > (8) If a function is delegated by or to a particular officer or the holder of a particular office—\n> > \n> > > (a) the delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office when the function was delegated ceases to be that officer or the holder of that office, and\n> > \n> > > (b) the person for the time being occupying or acting in the office concerned is taken to be the delegator or delegate (as the case requires).\n> \n> > (9) A function that has been delegated may, notwithstanding the delegation, be exercised by the delegator.\n> \n> > (10) This section applies to a sub-delegation of a function in the same way as it applies to a delegation of a function, but only in so far as the Act or instrument that authorises the delegation of the function also authorises the sub-delegation of the function.\n> \n> **s 49:** Am 2012 No 42, Sch 1.17 \\[5\\] \\[6\\].","sortOrder":75},{"sectionNumber":"Part 8","sectionType":"part","heading":"Statutory bodies","content":"# Part 8 Statutory bodies\n\nPart 8 Statutory bodies","sortOrder":76},{"sectionNumber":"50","sectionType":"section","heading":"Statutory corporations","content":"#### 50 Statutory corporations\n\n50 Statutory corporations\n\n> > (1) A statutory corporation—\n> > \n> > > (a) has perpetual succession,\n> > \n> > > (b) shall have a seal,\n> > \n> > > (c) may take proceedings and be proceeded against in its corporate name,\n> > \n> > > (d) may, for the purpose of enabling it to exercise its functions, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and\n> > \n> > > (e) may do and suffer all other things that bodies corporate may, by law, do and suffer and that are necessary for, or incidental to, the exercise of its functions.\n> \n> > (2) The seal of a statutory corporation (being a corporation that has 2 or more members) shall be kept by the president, chairperson or other principal officer of the corporation and shall be affixed to a document only—\n> > \n> > > (a) in the presence of at least 2 members of the corporation, and\n> > \n> > > (b) with an attestation by the signatures of those members of the fact of the affixing of the seal.\n> \n> > (3) Every document requiring authentication by a statutory corporation may be sufficiently authenticated without the seal of the corporation—\n> > \n> > > (a) in the case of a corporation that has 2 or more members—if it is signed by the president, chairperson or other principal officer of the corporation or by any member of the staff of the corporation authorised to do so by the president, chairperson or other principal officer,\n> > \n> > > (b) in the case of a corporation sole—if it is signed by the person by whom the corporation is constituted or by any member of the staff of the corporation authorised to do so by that person, or\n> > \n> > > (c) in the case of a corporation that has no members—if it is signed by the person for the time being managing the affairs of the corporation or by any member of the staff of the corporation authorised to do so by that person.\n> \n> > (4) This section applies to a statutory corporation in addition to, and without limiting the effect of, any provision of the Act by or under which the corporation is constituted.","sortOrder":77},{"sectionNumber":"51","sectionType":"section","heading":null,"content":"#### 51\n\n51 (Repealed)","sortOrder":78},{"sectionNumber":"52","sectionType":"section","heading":"Proceedings of statutory bodies","content":"#### 52 Proceedings of statutory bodies\n\n52 Proceedings of statutory bodies\n\n> > (1) Any act or proceeding of a statutory body shall not be called into question merely because of—\n> > \n> > > (a) any vacancies in the membership of the body,\n> > \n> > > (b) any defects in the appointment of any members of the body,\n> > \n> > > (c) any disqualifications of any members of the body,\n> > \n> > > (d) any minor irregularities in the manner in which any meetings of the body have been convened or conducted, or\n> > \n> > > (e) the presence or participation at any meetings of the body of any persons not entitled to be present or to participate at those meetings.\n> \n> > (2) This section applies to a statutory body in addition to, and without limiting the effect of, any provision of the Act by or under which the body is constituted.","sortOrder":80},{"sectionNumber":"53","sectionType":"section","heading":"Alterations of names and constitutions","content":"#### 53 Alterations of names and constitutions\n\n53 Alterations of names and constitutions\n\n> > (1) If an Act or statutory rule alters the name of a body or office—\n> > \n> > > (a) the body or office continues in existence under its new name so that its identity is not affected, and\n> > \n> > > (b) a reference in any Act or instrument, or in any other document, to the body or office under its former name shall, except in relation to matters that occurred before the alteration took place, be read as a reference to the body or office under its new name.\n> \n> > (2) If an Act or statutory rule alters the constitution of a body—\n> > \n> > > (a) the body continues in existence as newly constituted so that its identity is not affected,\n> > \n> > > (b) the alteration does not affect any functions of the body,\n> > \n> > > (c) the alteration does not affect any legal or other proceedings instituted or to be instituted by or against the body and any legal or other proceedings that might have been continued or commenced by or against the body as previously constituted may be continued or commenced by or against the body as newly constituted, and\n> > \n> > > (d) the alteration does not affect any investigation or inquiry being or proposed to be undertaken by any other person or body into any action taken or practice engaged in by the body before the alteration took place and any investigation or inquiry that might have been continued or commenced into any such action or practice may be continued or commenced as if the action had been taken or the practice had been engaged in by the body as newly constituted.","sortOrder":81},{"sectionNumber":"53A","sectionType":"section","heading":"Extension of age limit for part-time members of statutory bodies","content":"#### 53A Extension of age limit for part-time members of statutory bodies\n\n53A Extension of age limit for part-time members of statutory bodies\n\n> > (1) If—\n> > \n> > > (a) a person is or has, within the last 3 months, been the holder of a part-time office as a member of a statutory body,\n> > \n> > > (b) the person cannot be re-appointed to the office because a provision of an Act or statutory rule imposes an age limit,\n> > \n> > > (c) a Minister certifies to the Governor that that Minister is of the opinion that it is in the public interest that the person should be able to continue to hold the office after reaching the age limit, and\n> > \n> > > (d) the person has reached the age limit or is within 3 months of reaching it,\n> > \n> > the Governor may extend the age limit for the person, but not beyond the age of 72 years.\n> \n> > (2) While under the extended age limit, the person (if otherwise qualified) may be re-appointed to the office.\n> \n> > (3) An office held by a person re-appointed under this section becomes vacant if the person reaches the extended age limit, instead of the former age limit.\n> \n> > (4) This section prevails over any Act or statutory rule relating to the constitution of the statutory body concerned, unless any such Act or statutory rule expressly excludes this section.\n> \n> > (5) A notification in the Gazette by a Minister to the effect that the age limit has been extended for the person is evidence of the extension.\n> \n> > (6) The age limit for a person may be extended under this section on more than one occasion, but so that the age limit is not extended beyond the age of 72 years.\n> \n> > (7) In this section, part-time office means an office other than—\n> > \n> > > (a) an office required to be held on a full-time basis, or\n> > \n> > > (b) an office specified in any of the Schedules to the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004).\n> \n> **s 53A:** Ins 1987 No 152, sec 3.","sortOrder":82},{"sectionNumber":"Part 9","sectionType":"part","heading":null,"content":"# Part 9\n\nPart 9\n\n54–57 (Repealed)\n\n**pt 9:** Rep 1999 No 94, Sch 4.33 \\[2\\].\n\n**s 54:** Rep 1999 No 94, Sch 4.33 \\[2\\].\n\n**s 55:** Rep 1999 No 94, Sch 4.33 \\[2\\].\n\n**s 56:** Am 1997 No 55, Sch 1.11 \\[1\\]. Rep 1999 No 94, Sch 4.33 \\[2\\].\n\n**s 56, note:** Ins 1997 No 55, Sch 1.11 \\[2\\]. Rep 1999 No 94, Sch 4.33 \\[2\\].\n\n**s 57:** Rep 1999 No 94, Sch 4.33 \\[2\\].","sortOrder":83},{"sectionNumber":"Part 10","sectionType":"part","heading":"Application of State laws to coastal waters","content":"# Part 10 Application of State laws to coastal waters\n\nPart 10 Application of State laws to coastal waters","sortOrder":84},{"sectionNumber":"58","sectionType":"section","heading":"Definitions","content":"#### 58 Definitions\n\n58 Definitions\n\n> In this Part—\n> \n> adjacent area in respect of the State means the area the boundary of which was described under the heading referring to the State in Schedule 2 to the repealed [Petroleum (Submerged Lands) Act 1967](http://www.legislation.gov.au/) of the Commonwealth, as in force immediately before the commencement of the [Coastal Waters (State Powers) Act 1980](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> coastal waters of the State means—\n> \n> > (a) the part or parts of the territorial sea of Australia that is or are within the adjacent area in respect of the State, other than any part referred to in section 4 (2) of the [Coastal Waters (State Powers) Act 1980](http://www.legislation.gov.au/) of the Commonwealth, or\n> \n> > (b) any sea that is on the landward side of any part of the territorial sea of Australia and is within the adjacent area in respect of the State, but is not within the limits of the State.\n> \n> laws of the State means the laws (whether written or unwritten and whether substantive or procedural) that are from time to time in force in the State, but does not include laws of the Commonwealth.\n> \n> territorial sea of Australia means the territorial sea of Australia within the limits referred to in section 4 (1) of the [Coastal Waters (State Powers) Act 1980](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 58:** Am 2007 No 27, Sch 1.23.","sortOrder":85},{"sectionNumber":"59","sectionType":"section","heading":"Application of laws of the State to coastal waters","content":"#### 59 Application of laws of the State to coastal waters\n\n59 Application of laws of the State to coastal waters\n\n> The laws of the State apply in and in relation to—\n> \n> > (a) the coastal waters of the State, and\n> \n> > (b) the sea-bed and subsoil beneath, and the airspace above, the coastal waters of the State,\n> \n> as if the coastal waters of the State, as extending from time to time, were within the limits of the State.","sortOrder":86},{"sectionNumber":"60","sectionType":"section","heading":"Laws with specific application not to apply","content":"#### 60 Laws with specific application not to apply\n\n60 Laws with specific application not to apply\n\n> > (1) Nothing in this Part renders a provision of the laws of the State applicable in a particular place—\n> > \n> > > (a) in so far as the provision is incapable of applying in or in relation to that place,\n> > \n> > > (b) if those laws expressly provide that the provision does not extend or apply in or in relation to that place, or\n> > \n> > > (c) if those laws expressly provide that the provision applies only in a specified locality in the State that does not include that place.\n> \n> > (2) A provision of the laws of the State shall not be taken to be a provision to which subsection (1) applies merely because it is limited in its application to acts, matters and things within the territorial or adjacent waters (however described) of the State.","sortOrder":87},{"sectionNumber":"61","sectionType":"section","heading":"Extent of jurisdiction in relation to coastal waters","content":"#### 61 Extent of jurisdiction in relation to coastal waters\n\n61 Extent of jurisdiction in relation to coastal waters\n\n> > (1) All persons who have functions conferred or imposed on them by law for the purposes of or in connection with a provision of the laws of the State shall have and may exercise all or any of those functions for the purposes of or in connection with that provision, as applying by virtue of this Part, as if the coastal waters of the State, as extending from time to time, were within the limits of the State.\n> \n> > (2) The several courts of the State are invested with jurisdiction in all matters arising under the provisions of the laws of the State, as applying by virtue of this Part, as if the coastal waters of the State, as extending from time to time, were within the limits of the State.","sortOrder":88},{"sectionNumber":"62","sectionType":"section","heading":"Constitutional basis","content":"#### 62 Constitutional basis\n\n62 Constitutional basis\n\n> In addition to any other power under which the provisions of this Part may be enacted, the provisions of this Part are enacted under the legislative power of Parliament as extended by section 5 of the [Coastal Waters (State Powers) Act 1980](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":89},{"sectionNumber":"63","sectionType":"section","heading":"Saving","content":"#### 63 Saving\n\n63 Saving\n\n> Nothing in this Part limits any other law that provides for the application of the laws of the State, or any part of those laws, beyond the limits of the State.","sortOrder":90},{"sectionNumber":"Part 11","sectionType":"part","heading":"Miscellaneous","content":"# Part 11 Miscellaneous\n\nPart 11 Miscellaneous","sortOrder":91},{"sectionNumber":"64","sectionType":"section","heading":"Every section of an Act a substantive enactment","content":"#### 64 Every section of an Act a substantive enactment\n\n64 Every section of an Act a substantive enactment\n\n> Every section of an Act has effect as a substantive enactment without introductory words.","sortOrder":92},{"sectionNumber":"64A","sectionType":"section","heading":"Schedules","content":"#### 64A Schedules\n\n64A Schedules\n\n> A schedule to an Act or instrument has effect according to its tenor when it comes into force, whether or not the Act or instrument declares that the schedule has effect.\n> \n> **s 64A:** Ins 2008 No 114, Sch 1.10 \\[2\\].","sortOrder":93},{"sectionNumber":"65","sectionType":"section","heading":"References to Acts generally","content":"#### 65 References to Acts generally\n\n65 References to Acts generally\n\n> An Act passed by Parliament, or by any earlier legislature of New South Wales, may be referred to by the word “Act” alone.","sortOrder":94},{"sectionNumber":"66","sectionType":"section","heading":"Citation of particular Acts","content":"#### 66 Citation of particular Acts\n\n66 Citation of particular Acts\n\n> > (1) An Act may be cited—\n> > \n> > > (a) by its short title (or name), or\n> > \n> > > (b) by reference to—\n> > > \n> > > > (i) the year in which it was passed or, in the case of an Act passed before 1897, by reference to the regnal year in which it was passed, and\n> > > \n> > > > (ii) its number.\n> \n> > (2) A Commonwealth Act may be cited—\n> > \n> > > (a) by its short title (or name), or\n> > \n> > > (b) in such other manner as is sufficient in a Commonwealth Act,\n> > \n> > together with a reference to the Commonwealth.\n> \n> > (3) An Act or Ordinance of some other State or Territory may be cited—\n> > \n> > > (a) by its short title (or name), or\n> > \n> > > (b) in such other manner as is sufficient in an Act or Ordinance of that other State or Territory,\n> > \n> > together with a reference to that other State or Territory.\n> \n> > (4) A British Act may be cited—\n> > \n> > > (a) by its short title (or name), or\n> > \n> > > (b) in such other manner as is sufficient in a British Act,\n> > \n> > together with a reference to the United Kingdom.\n> \n> **s 66:** Am 1995 No 16, Sch 1.","sortOrder":95},{"sectionNumber":"67","sectionType":"section","heading":"Citation of instruments etc","content":"#### 67 Citation of instruments etc\n\n67 Citation of instruments etc\n\n> > (1) An instrument may be referred to—\n> > \n> > > (a) by its citation (or name), or\n> > \n> > > (b) by reference to—\n> > > \n> > > > (i) in the case of an instrument that has been published in a printed copy of the Gazette—the number, date and page or pages of the Gazette in which it was published, or\n> > > \n> > > > (ia) in the case of an instrument that has been published on the NSW legislation website—the date of its publication on that website, or\n> > > \n> > > > (ii) in any other case—the date on which it was made,\n> > > \n> > > together with a reference to the Act under which it was made.\n> \n> > (2) An instrument made under a Commonwealth Act may be referred to—\n> > \n> > > (a) by its citation (or name), or\n> > \n> > > (b) in such other manner as is sufficient in a Commonwealth Act,\n> > \n> > together with a reference to the Commonwealth.\n> \n> > (3) An instrument made under an Act or Ordinance of some other State or Territory may be referred to—\n> > \n> > > (a) by its citation (or name), or\n> > \n> > > (b) in such other manner as is sufficient in an Act or Ordinance of that other State or Territory,\n> > \n> > together with a reference to that other State or Territory.\n> \n> > (4) An instrument made under a British Act may be referred to—\n> > \n> > > (a) by its citation (or name), or\n> > \n> > > (b) in such other manner as is sufficient in a British Act,\n> > \n> > together with a reference to the United Kingdom.\n> \n> **s 67:** Am 1995 No 16, Sch 1; 2013 No 47, Sch 1.17 \\[9\\] \\[10\\].","sortOrder":96},{"sectionNumber":"68","sectionType":"section","heading":"References to amended or repealed Acts and instruments","content":"#### 68 References to amended or repealed Acts and instruments\n\n68 References to amended or repealed Acts and instruments\n\n> > (1) In any Act or instrument, a reference to some other Act or instrument extends to the other Act or instrument, as in force for the time being.\n> \n> > (2) Subsection (1) applies to a reference to an Act or instrument—\n> > \n> > > (a) whether or not the reference includes a reference to subsequent amendments of the Act or instrument, and\n> > \n> > > (b) whether or not the reference is to a mode of citation that includes 2 calendar years.\n> \n> > (3) Notwithstanding subsection (1), in any Act or instrument—\n> > \n> > > (a) a reference to an Act that has been repealed and re-enacted, with or without modification, extends to the re-enacted Act, as in force for the time being, and\n> > \n> > > (b) a reference to an instrument that has been repealed and re-made, with or without modification, extends to the re-made instrument, as in force for the time being,\n> > \n> > and a reference to a provision of the repealed Act or instrument extends to the corresponding provision of the re-enacted Act or the re-made instrument, as the case may be.\n> \n> > (3A) Nothing in this section affects the operation of sections 11 and 12 of the [Corporations (Ancillary Provisions) Act 2001](/view/html/inforce/current/act-2001-032).\n> \n> > (4) In this section—\n> > \n> > > (a) a reference to an Act includes a reference to—\n> > > \n> > > > (i) a Commonwealth Act, and\n> > > \n> > > > (ii) an Act or Ordinance of some other State or Territory, and\n> > > \n> > > > (iii) a British Act, and\n> > > \n> > > > (iv) the [Companies (New South Wales) Code](/view/pdf/asmade/act-1981-122a), the Companies (Acquisition of Shares) (New South Wales) Code, the Securities Industry (New South Wales) Code, the Futures Industry (New South Wales) Code and the Companies and Securities (Interpretation and Miscellaneous Provisions) (New South Wales) Code, and\n> > > \n> > > > (v) the ASIC Law of New South Wales, and\n> > > \n> > > > (vi) the [Corporations Law](/view/html/inforce/current/sl-1999-0703) of New South Wales, and\n> > > \n> > > > (vii) the AFIC (NSW) Code and the Financial Institutions (NSW) Code, and\n> > > \n> > > > (viia) the [National Electricity (NSW) Law](/view/html/inforce/current/act-1997-20a), and\n> > > \n> > > > (viii) the Friendly Societies (NSW) Code, and\n> > > \n> > > > (ix) the [National Gas (NSW) Law](/view/html/inforce/current/act-2008-31a),\n> > \n> > > (b) a reference to an instrument includes a reference to an instrument made under such an Act or Ordinance.\n> \n> > (5) This section extends to a reference to a repealed Act or instrument that is replaced by Commonwealth legislation (including legislation enacted in reliance on a referral of legislative power by the State).\n> \n> **s 68:** Am 1990 No 83, Sch 1; 1992 No 46, Sch 1; 1997 No 20, Sch 1.7 \\[2\\]; 1997 No 55, Sch 1.11 \\[3\\]; 1998 No 41, Sch 1.4 \\[2\\]; 1999 No 1, Sch 2.2 \\[4\\]; 1999 No 31, Sch 2.19 \\[1\\] \\[2\\]; 2001 No 34, Sch 4.26 \\[2\\]; 2008 No 31, Sch 1.3 \\[2\\]; 2008 No 62, Sch 2.30; 2009 No 106, Sch 1.10 \\[3\\] \\[4\\].","sortOrder":97},{"sectionNumber":"69","sectionType":"section","heading":"References to publications other than Acts or instruments","content":"#### 69 References to publications other than Acts or instruments\n\n69 References to publications other than Acts or instruments\n\n> > (1) In any Act or instrument, a reference to a publication other than an Act or instrument is a reference to the publication—\n> > \n> > > (a) if a particular day is specified for that purpose in the Act or instrument—as in force or current on that particular day, or\n> > \n> > > (b) in any other case—as in force or current on the day on which the provision containing the reference took effect.\n> \n> > (2) Notwithstanding subsection (1), a reference in any Act or instrument to a publication extends to the publication, as in force for the time being—\n> > \n> > > (a) if that intention appears in the Act or instrument, and\n> > \n> > > (b) where that intention appears in the instrument—if the Act under which the instrument is made provides that such instruments may apply, adopt or incorporate publications, as in force for the time being.","sortOrder":98},{"sectionNumber":"69A","sectionType":"section","heading":"Evidence of publication of Australian standards or other publications","content":"#### 69A Evidence of publication of Australian standards or other publications\n\n69A Evidence of publication of Australian standards or other publications\n\n> If an Act or statutory rule applies, adopts or incorporates by way of reference any publication, or any provision of a publication, of Standards Australia, any other body or any person expressly or impliedly identified in the Act or statutory rule, evidence of the publication or provision may be given in any proceedings—\n> \n> > (a) by the production of a document purporting to be a copy of it and purporting to be published by or on behalf of Standards Australia or the other body or person concerned, or\n> \n> > (b) by the production of a document purporting to be a copy of it and purporting to be published on the NSW legislation website or in the Gazette, or printed by the authority of the Government of the Commonwealth, a State or a Territory.\n> \n> **s 69A:** Ins 1999 No 31, Sch 1.20 \\[1\\]. Am 2024 No 82, Sch 3.5\\[3\\].","sortOrder":99},{"sectionNumber":"69B","sectionType":"section","heading":null,"content":"#### 69B\n\n69B (Repealed)","sortOrder":100},{"sectionNumber":"70","sectionType":"section","heading":"References to changed short titles, names and citations","content":"#### 70 References to changed short titles, names and citations\n\n70 References to changed short titles, names and citations\n\n> If the short title, name or citation of an Act or instrument is changed, a reference to the short title, name or citation in any other Act or instrument or in a document of any kind shall be read as a reference to the short title, name or citation as changed.\n> \n> **s 70:** Am 1995 No 16, Sch 1.","sortOrder":102},{"sectionNumber":"71","sectionType":"section","heading":"Time of expiry of temporary Acts and instruments","content":"#### 71 Time of expiry of temporary Acts and instruments\n\n71 Time of expiry of temporary Acts and instruments\n\n> If an Act or instrument is expressed to expire, lapse or otherwise cease to have effect on a particular day, or to remain in force until a particular day, the Act or instrument shall continue in operation until the end of that day.","sortOrder":103},{"sectionNumber":"72","sectionType":"section","heading":"Retrospective commencement of continuing Acts","content":"#### 72 Retrospective commencement of continuing Acts\n\n72 Retrospective commencement of continuing Acts\n\n> > (1) If a Bill for an Act to continue a temporary Act has been introduced into Parliament and is still pending at the expiration of the temporary Act, the Act shall, on the date of its assent, be deemed to have taken effect in continuing the temporary Act on the expiration of the temporary Act.\n> \n> > (2) This section does not make any person liable to any penalty for or in respect of a contravention of the temporary Act that occurs after the expiration of the temporary Act and before the date of assent to the Act by which the temporary Act is continued.","sortOrder":104},{"sectionNumber":"73","sectionType":"section","heading":"Private Acts not to affect rights of the Crown etc","content":"#### 73 Private Acts not to affect rights of the Crown etc\n\n73 Private Acts not to affect rights of the Crown etc\n\n> > (1) A Private Act that is passed after the commencement of this Act shall not be construed so as—\n> > \n> > > (a) to affect, in a manner prejudicial to the Crown or any other person (other than a person at whose instance or for whose special benefit the Act is passed or some other person claiming by, through or under such a person), the rights of the Crown or any such other person existing before the passing of the Act, or\n> > \n> > > (b) to impose liabilities on the Crown or any other person (other than a person at whose instance or for whose special benefit the Act is passed or some other person claiming by, through or under such a person) in respect of any thing done or omitted to be done before the passing of the Act.\n> \n> > (2) Without limiting the effect of section 30—\n> > \n> > > (a) the provisions of section 17 of the Act 16 Victoria No 1 (the Acts Shortening Act of 1852) continue to apply in relation to the rights of the Crown and any other person, being rights that would, but for those provisions, be affected by the passing of Private Acts to which that Act applied before the commencement of this Act, and\n> > \n> > > (b) the provisions of section 14 of the [Interpretation Act 1897](/view/html/repealed/current/act-1897-004) continue to apply in relation to the rights of the Crown and any other person, being rights that would, but for those provisions, be affected by the passing of Private Acts to which that Act applied before the commencement of this Act,\n> > \n> > notwithstanding the repeal of those Acts by this Act.","sortOrder":105},{"sectionNumber":"74","sectionType":"section","heading":"Private Acts amended by Public Acts do not thereby become Public Acts","content":"#### 74 Private Acts amended by Public Acts do not thereby become Public Acts\n\n74 Private Acts amended by Public Acts do not thereby become Public Acts\n\n> A Private Act does not become a Public Act merely because it has been amended by or under a Public Act.","sortOrder":106},{"sectionNumber":"75","sectionType":"section","heading":"Publication of statutory notices","content":"#### 75 Publication of statutory notices\n\n75 Publication of statutory notices\n\n> If an Act or statutory rule requires a notice or advertisement to be published in the Gazette and in one or more newspapers or other location, it is sufficient compliance with the requirement if—\n> \n> > (a) the notice or advertisement is published in the Gazette, and\n> \n> > (b) there is published in each newspaper or other location—\n> > \n> > > (i) a summary of the notice or advertisement, or\n> > \n> > > (ii) a statement to the effect that the notice or advertisement has been published in the Gazette,\n> > \n> > together with a reference to the date of publication of the Gazette in which the notice or advertisement has been published.\n> \n> **s 75:** Am 2013 No 47, Sch 1.17 \\[11\\] \\[12\\].","sortOrder":107},{"sectionNumber":"76","sectionType":"section","heading":"Service by post","content":"#### 76 Service by post\n\n76 Service by post\n\n> > (1) If an Act or instrument authorises or requires any document to be served by post (whether the word “serve”, “give” or “send” or any other word is used), service of the document—\n> > \n> > > (a) may be effected by properly addressing, prepaying and posting a letter containing the document, and\n> > \n> > > (b) in Australia or in an external Territory—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected on the seventh working day after the letter was posted, and\n> > \n> > > (c) in another place—is, unless evidence sufficient to raise doubt is adduced to the contrary, taken to have been effected at the time when the letter would have been delivered in the ordinary course of post.\n> \n> > (2) In this section—\n> > \n> > working day means a day that is not—\n> > \n> > > (a) a Saturday or Sunday, or\n> > \n> > > (b) a public holiday or a bank holiday in the place to which the letter was addressed.\n> \n> **s 76:** Am 1995 No 27, Sch 1; 2018 No 87, Sch 1.18.","sortOrder":108},{"sectionNumber":"77","sectionType":"section","heading":"Registered post etc not necessary in the case of Acts and statutory rules passed etc before 24.4.1969","content":"#### 77 Registered post etc not necessary in the case of Acts and statutory rules passed etc before 24.4.1969\n\n77 Registered post etc not necessary in the case of Acts and statutory rules passed etc before 24.4.1969\n\n> > (1) Any Act or statutory rule under which a document (other than a summons) may be or is required to be served on a person by registered mail, registered post, certified mail or certified post (whether the word “serve”, “give” or “send” or any other word is used) shall be taken to authorise the service of the document by post (other than registered mail, registered post, certified mail or certified post) in addition to any other means by which the Act or statutory rule authorises the document to be served.\n> \n> > (2) Subsection (1)—\n> > \n> > > (a) applies only to Acts and statutory rules enacted or made before 24 April 1969 (being the day on which the [Interpretation (Amendment) Act 1969](/view/pdf/asmade/act-1969-36) commenced), and\n> > \n> > > (b) so applies notwithstanding any provision of any such Act or statutory rule.\n> \n> > (3) The Governor may, by order published in the Gazette, declare that subsection (1) does not apply to any specified Act or statutory rule or to any specified provision of any specified Act or statutory rule.\n> \n> > (4) An order in force under subsection (3) does not affect the operation of subsection (1) in relation to the service of a document that was posted before the order was made.","sortOrder":109},{"sectionNumber":"78","sectionType":"section","heading":"Rules of court","content":"#### 78 Rules of court\n\n78 Rules of court\n\n> > (1) The power of a person or body to make rules of court includes power to make rules of court for the purposes of any Act or statutory rule that permits or requires any thing to be done by or in accordance with rules of court.\n> \n> > (2) If an Act or statutory rule—\n> > \n> > > (a) confers any jurisdiction on a court or tribunal, or\n> > \n> > > (b) extends or varies the jurisdiction of a court or tribunal,\n> > \n> > the person or body having power to make rules or orders regulating the practice and procedure of the court or tribunal may make rules or orders (including rules or orders with respect to costs) regulating the practice and procedure of the court or tribunal in the exercise of the jurisdiction so conferred, extended or varied.","sortOrder":110},{"sectionNumber":"79","sectionType":"section","heading":"Authority to administer oaths","content":"#### 79 Authority to administer oaths\n\n79 Authority to administer oaths\n\n> Any person or body authorised by law, or by consent of parties, to conduct a hearing for the purpose of the determination (by that or any other person or body) of any matter or thing shall have authority—\n> \n> > (a) to receive evidence, and\n> \n> > (b) to examine witnesses, and to administer oaths to witnesses, who have been lawfully called before that person or body.","sortOrder":111},{"sectionNumber":"80","sectionType":"section","heading":"Compliance with forms","content":"#### 80 Compliance with forms\n\n80 Compliance with forms\n\n> > (1) If a form is prescribed by, or approved under, an Act or statutory rule, strict compliance with the form is not necessary but substantial compliance is sufficient.\n> \n> > (2) If a form prescribed by, or approved under, an Act or instrument requires the form to be completed in a specified manner, or requires specified information to be included in, attached to or furnished with the form, the form is not duly completed unless it is completed in that manner and unless it includes, or has attached to or furnished with it, that information.\n> \n> > (3) Without limiting the generality of subsections (1) and (2), in any form in, or approved under, an Act or statutory rule, a reference to a date that is presumed to be in the nineteenth or twentieth century may be construed as a reference to a date in the twenty-first century and the form may be altered accordingly.\n> \n> > (4) If an Act or statutory rule requires anything to be in a form prescribed by rules of court (whether generally or in relation to a particular court or tribunal), any such rules of court may instead provide for the thing to be in a form approved under or in accordance with those rules.\n> \n> **s 80:** Am 1999 No 31, Sch 1.20 \\[2\\]; 2002 No 99, Sch 4.3 \\[1\\]–\\[4\\].","sortOrder":112},{"sectionNumber":"80A","sectionType":"section","heading":"Maximum monetary penalty Local Court may impose in certain circumstances","content":"#### 80A Maximum monetary penalty Local Court may impose in certain circumstances\n\n80A Maximum monetary penalty Local Court may impose in certain circumstances\n\n> If an Act—\n> \n> > (a) provides that an offence under the Act may be dealt with summarily by the Local Court or, in the alternative, by another court, and\n> \n> > (b) imposes a limit by reference solely to an amount of money (however expressed) on the penalty that the Local Court may impose when dealing with such an offence,\n> \n> that limit, unless otherwise expressly provided by the Act, does not affect any non-monetary penalty that may be imposed by the Local Court for the offence.\n> \n> **s 80A:** Ins 1999 No 85, Sch 1.16 \\[3\\]. Am 2007 No 94, Sch 1.53 \\[2\\].","sortOrder":113},{"sectionNumber":"81","sectionType":"section","heading":null,"content":"#### 81\n\n81 (Repealed)","sortOrder":114},{"sectionNumber":"82","sectionType":"section","heading":"Repeals","content":"#### 82 Repeals\n\n82 Repeals\n\n> Each Act specified in Schedule 2 is, to the extent indicated in that Schedule, repealed.","sortOrder":116},{"sectionNumber":"83","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 83 Savings and transitional provisions\n\n83 Savings and transitional provisions\n\n> Schedule 3 has effect.","sortOrder":117},{"sectionNumber":"Part 12","sectionType":"part","heading":null,"content":"# Part 12\n\nPart 12\n\n84–91 (Repealed)\n\n**pt 12:** Ins 2020 No 5, Sch 1.17. Rep 1987 No 15, sec 90(1).\n\n**s 84:** Ins 2020 No 5, Sch 1.17. Am 2020 No 31, Sch 2.4\\[1\\]; 2021 No 4, Sch 1.19\\[1\\]. Rep 1987 No 15, sec 90(1).\n\n**s 85:** Ins 2020 No 5, Sch 1.17. Am 2020 No 31, Sch 2.4\\[2\\]. Rep 1987 No 15, sec 90(2).\n\n**s 86:** Ins 2020 No 5, Sch 1.17. Rep 1987 No 15, sec 90(2).\n\n**s 87:** Ins 2020 No 5, Sch 1.17. Am 1987 No 15, sec 90(2). Rep 1987 No 15, sec 90(1).\n\n**s 88:** Ins 2020 No 5, Sch 1.17. Rep 1987 No 15, sec 90(2).\n\n**s 89:** Ins 2020 No 5, Sch 1.17. Am 2020 No 31, Sch 2.4\\[3\\] \\[4\\]. Rep 1987 No 15, sec 90(2).\n\n**s 90:** Ins 2020 No 5, Sch 1.17. Subst 2020 No 31, Sch 2.4\\[5\\]. Subst 2021 No 4, Sch 1.19\\[2\\]. Rep 1987 No 15, sec 90(1).\n\n**s 91:** Ins 2020 No 5, Sch 1.17. Rep 1987 No 15, sec 90(1).","sortOrder":118},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Greater Sydney Region","content":"# Schedule 1 Greater Sydney Region\n\nSchedule 1 Greater Sydney Region\n\n**sch 1:** Rep 1999 No 85, Sch 4. Ins 2022 No 8, Sch 5.6\\[2\\].","sortOrder":119},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Repeals","content":"# Schedule 2 Repeals\n\nSchedule 2 Repeals\n\n(Section 82)\n\nActs Shortening Act of 1852 16 Vic No 1—the unrepealed portion  \nActs Shortening Act of 1858 22 Vic No 12—the unrepealed portion  \n[Interpretation Act 1897 No 4](/view/html/repealed/current/act-1897-004)—the whole Act  \n[Crimes Act 1900 No 40](/view/html/inforce/current/act-1900-040)—so much of the First Schedule as amends Act 16 Vic No 1 and Act 22 Vic No 12  \n[Fines and Penalties Act 1901 No 16](/view/pdf/asmade/act-1901-16)—so much of the Schedule as amends Act 16 Vic No 1  \n[Justices Act 1902 No 27](/view/html/repealed/current/act-1902-027)—so much of the First Schedule as amends Act 16 Vic No 1  \n[Local Government Act 1919 No 41](/view/html/repealed/current/act-1919-041)—sections 577 and 579 and the words “by proclamation” in section 575  \n[Publication of Statutory Advertisements and Notices Act 1920 No 32](/view/pdf/asmade/act-1920-32)—the whole Act  \n[Minors (Property and Contracts) Act 1970 No 60](/view/html/inforce/current/act-1970-060)—so much of the First Schedule as amends Act No 4, 1897  \n[Miscellaneous Acts (Local Courts) Amendment Act 1982 No 168](/view/pdf/asmade/act-1982-168)—so much of Schedule 1 as amends Act No 4, 1897  \n[Statute Law (Miscellaneous Amendments) Act 1984 No 153](/view/pdf/asmade/act-1984-153)—Schedule 7  \n[Statute Law (Miscellaneous Provisions) Act 1985 No 231](/view/pdf/asmade/act-1985-231)—Schedule 11","sortOrder":122},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 3 Savings and transitional provisions\n\nSchedule 3 Savings and transitional provisions\n\n(Section 83)\n\n**sch 3:** Am 2006 No 43, Sch 1 \\[12\\]; 2009 No 56, Sch 4.30; 2013 No 47, Sch 1.17 \\[13\\]; 2013 No 90, Sch 1.6 \\[2\\]; 2024 No 82, Sch 3.5\\[4\\].","sortOrder":123},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 4 Dictionary\n\nSchedule 4 Dictionary\n\naffidavit, in the case of persons for the time being allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.\n\nAgeing and Disability Commissioner means the Ageing and Disability Commissioner under the [Ageing and Disability Commissioner Act 2019](/view/html/inforce/current/act-2019-007).\n\nAmbulance Service of NSW means the Ambulance Service of NSW under the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n\namend, in relation to an Act or instrument, includes alter and vary.\n\nAnti-Discrimination Board means the Anti-Discrimination Board under the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048).\n\nAuditor-General means the Auditor-General under the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152).\n\nASC Law has the same meaning as ASIC Law.\n\nASC Regulations has the same meaning as ASIC Regulations when used in relation to the ASIC Law.\n\nASIC Law has the meaning provided for by Part 11 of the [Corporations (New South Wales) Act 1990](/view/html/inforce/current/act-1990-083).\n\nASIC Regulations—\n\n> (a) when used in relation to the ASIC Law, has the meaning provided for by Part 11 of the [Corporations (New South Wales) Act 1990](/view/html/inforce/current/act-1990-083),\n\n> (b) when used in relation to the [Australian Securities and Investments Commission Act 2001](http://www.legislation.gov.au/) of the Commonwealth, means regulations made under, or taken to be made under, that Act.\n\nAustralia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\n\nAustralia Acts means the [Australia Act 1986](http://www.legislation.gov.au/) of the Commonwealth and the Australia Act 1986 of the United Kingdom.\n\nAustralian lawyer means a person admitted to the Australian legal profession.\n\nAustralian legal practitioner means an Australian lawyer who holds a current Australian practising certificate.\n\nauthorised deposit-taking institution or ADI means an authorised deposit-taking institution within the meaning of the [Banking Act 1959](http://www.legislation.gov.au/) of the Commonwealth.\n\nbank means—\n\n> (a) a bank as defined by section 5 of the [Banking Act 1959](http://www.legislation.gov.au/) of the Commonwealth, or\n\n> (b) a bank constituted under a law of a State or Territory.\n\nBritish Act or Imperial Act means an Act of the British Parliament.\n\nBritish Parliament or Imperial Parliament means—\n\n> (a) the Parliament of England,\n\n> (b) the Parliament of Great Britain,\n\n> (c) the Parliament of the United Kingdom of Great Britain and Ireland, or\n\n> (d) the Parliament of the United Kingdom of Great Britain and Northern Ireland,\n\nas the case requires.\n\nbusiness day means a day that is not—\n\n> (a) a Saturday or Sunday, or\n\n> (b) a public holiday or bank holiday throughout the State.\n\ncalendar month means a period commencing at the beginning of a day of one of the 12 named months and ending—\n\n> (a) immediately before the beginning of the corresponding day of the next named month, or\n\n> (b) if there is no such corresponding day, at the end of the next named month.\n\ncalendar year means a period of 12 months commencing on 1 January.\n\nChief Commissioner of State Revenue means the Chief Commissioner of State Revenue under the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n\nChildren’s Court means the Children’s Court of New South Wales under the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053).\n\nChildren’s Guardian means the Children’s Guardian under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n\nCivil and Administrative Tribunal means the Civil and Administrative Tribunal of New South Wales under the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).\n\nCommissioner of Fire and Rescue NSW means the Commissioner under the [Fire and Rescue NSW Act 1989](/view/html/inforce/current/act-1989-192).\n\nCommissioner of Police means the Commissioner of Police under the [Police Act 1990](/view/html/inforce/current/act-1990-047).\n\ncommittal proceedings means proceedings before a Judge of the Local Court for the purpose of committing an accused person for trial or sentence.\n\nCommonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\n\nCommonwealth Constitution means the Constitution of the Commonwealth.\n\nConsolidated Fund means the fund formed as referred to in section 39 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032).\n\ncontravene includes fail to comply with.\n\nCorporations Law has the meaning provided for by Part 3 of the [Corporations (New South Wales) Act 1990](/view/html/inforce/current/act-1990-083).\n\nCorporations legislation means the Corporations legislation to which Part 1.1A of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth applies.\n\nCorporations Regulations—\n\n> (a) when used in relation to the [Corporations Law](/view/html/inforce/current/sl-1999-0703), has the meaning provided for by Part 3 of the [Corporations (New South Wales) Act 1990](/view/html/inforce/current/act-1990-083), or\n\n> (b) when used in relation to the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, means regulations made under, or taken to be made under, that Act.\n\nCourt of Appeal means the Court of Appeal under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052), Part 2, Division 6.\n\nCourt of Criminal Appeal means the Court of Criminal Appeal under the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016).\n\nCrown Prosecutor means a Crown Prosecutor under the [Crown Prosecutors Act 1986](/view/html/inforce/current/act-1986-208).\n\ndate of assent, in relation to an Act, means the day on which the Act receives the Royal Assent.\n\ndefinition means a provision of an Act or instrument (however expressed) that—\n\n> (a) gives a meaning to a word or expression, or\n\n> (b) limits or extends the meaning of a word or expression.\n\nDirector of Public Prosecutions means the Director of Public Prosecutions under the [Director of Public Prosecutions Act 1986](/view/html/inforce/current/act-1986-207).\n\nDistrict Court means the District Court of New South Wales under the [District Court Act 1973](/view/html/inforce/current/act-1973-009).\n\ndocument means any record of information, and includes—\n\n> (a) anything on which there is writing, or\n\n> (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or\n\n> (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or\n\n> (d) a map, plan, drawing or photograph.\n\nDrug Court means the Drug Court of New South Wales under the [Drug Court Act 1998](/view/html/inforce/current/act-1998-150).\n\nDust Diseases Tribunal means the Dust Diseases Tribunal of New South Wales under the [Dust Diseases Tribunal Act 1989](/view/html/inforce/current/act-1989-063).\n\nElectoral Commissioner means the Electoral Commissioner under the [Electoral Act 2017](/view/html/inforce/current/act-2017-066).\n\nenvironmental planning instrument means an environmental planning instrument within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nestate includes interest, charge, right, title, claim, demand, lien and encumbrance, whether at law or in equity.\n\nExecutive Council means the Executive Council of New South Wales.\n\nexternal Territory means a Territory, not being an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act.\n\nFederal Circuit and Family Court of Australia has the same meaning as in the [Federal Circuit and Family Court of Australia Act 2021](http://www.legislation.gov.au/) of the Commonwealth.\n\nforeign country means any country (whether or not an independent sovereign state) outside Australia and its external Territories.\n\nGazette, or Government Gazette, means the New South Wales Government Gazette published—\n\n> (a) in print, or\n\n> (b) on a website authorised by the Parliamentary Counsel to provide public access to the Gazette.\n\nGovernment means the Government of New South Wales.\n\nGreater Sydney Region—see Schedule 1.\n\nHealth Care Complaints Commission means the Health Care Complaints Commission under the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105).\n\nHigh Court means the High Court of Australia.\n\nICAC or Independent Commission Against Corruption means the Independent Commission Against Corruption under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035).\n\nindictable offence means an offence for which proceedings may be taken on indictment, whether or not proceedings for the offence may also be taken otherwise than on indictment.\n\nindividual means a natural person.\n\nIndustrial Court or Industrial Relations Commission in Court Session means the Industrial Relations Commission as constituted under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), section 151.\n\nIndustrial Relations Commission means the Industrial Relations Commission of New South Wales under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n\nInformation Commissioner means the Information Commissioner under the [Government Information (Information Commissioner) Act 2009](/view/html/inforce/current/act-2009-053).\n\nInspector of Custodial Services means the Inspector of Custodial Services under the [Inspector of Custodial Services Act 2012](/view/html/inforce/current/act-2012-055).\n\nInspector of the Independent Commission Against Corruption means the Inspector of the Independent Commission Against Corruption under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035).\n\ninternal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.\n\nIPART or Independent Pricing and Regulatory Tribunal means the Independent Pricing and Regulatory Tribunal of New South Wales under the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039).\n\nJervis Bay Territory means the Territory referred to in the [Jervis Bay Territory Acceptance Act 1915](http://www.legislation.gov.au/) of the Commonwealth.\n\nland includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein.\n\nLand and Environment Court means the Land and Environment Court under the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204).\n\nLaw Enforcement Conduct Commission means the Law Enforcement Conduct Commission under the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061).\n\nLegislative Assembly means the Legislative Assembly of New South Wales.\n\nLegislative Council means the Legislative Council of New South Wales.\n\nlocal council means a council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n\nLocal Court means the Local Court established under the [Local Court Act 2007](/view/html/inforce/current/act-2007-093).\n\nmake, in relation to an instrument, includes issue and grant.\n\nMental Health Review Tribunal means the Mental Health Review Tribunal under the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008).\n\nmentally incapacitated person means a person who is an involuntary patient or a forensic patient or a correctional patient within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), or a protected person within the meaning of the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049).\n\nmidnight, in relation to a particular day, means the point of time at which that day ends.\n\nminor means an individual who is under the age of 18 years.\n\nminor indictable offence means an indictable offence that is not a serious indictable offence.\n\nmonth means a calendar month.\n\nnamed month means January, February, March, April, May, June, July, August, September, October, November or December.\n\nNational Electricity (NSW) Law means the provisions applying because of section 6 of the [National Electricity (New South Wales) Act 1997](/view/html/inforce/current/act-1997-020).\n\nNational Electricity (NSW) Regulations means the provisions applying because of section 7 of the [National Electricity (New South Wales) Act 1997](/view/html/inforce/current/act-1997-020).\n\nNational Gas (NSW) Law means the provisions applying because of section 7 of the [National Gas (New South Wales) Act 2008](/view/html/inforce/current/act-2008-031).\n\nNational Gas (NSW) Regulations means the provisions applying because of section 8 of the [National Gas (New South Wales) Act 2008](/view/html/inforce/current/act-2008-031).\n\nNew South Wales Crime Commission means the New South Wales Crime Commission under the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066).\n\nNICC or NSW Independent Casino Commission means the NSW Independent Casino Commission under the [Casino Control Act 1992](/view/html/inforce/current/act-1992-015).\n\nNorthern Territory means the Northern Territory of Australia.\n\nNSW Health Service means the NSW Health Service referred to in the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n\nNSW legislation website means the website with the URL of www.legislation.nsw.gov.au, or any other website, used by the Parliamentary Counsel to provide public access to the legislation of New South Wales.\n\nNSW Police Force means the NSW Police Force established by the [Police Act 1990](/view/html/inforce/current/act-1990-047).\n\nNSW Rural Fire Service means the NSW Rural Fire Service under the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065).\n\nNSW Trustee and Guardian means the NSW Trustee and Guardian under the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049).\n\noath, in the case of persons for the time being allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.\n\noffice includes position.\n\nOmbudsman means the Ombudsman under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068).\n\nParliament means the Parliament of New South Wales.\n\nparty includes an individual, a corporation and a body corporate or politic.\n\npenalty includes forfeiture and punishment.\n\npenalty unit is defined in section 17 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).\n\nperson includes an individual, a corporation and a body corporate or politic.\n\npersonally insolvent, for an individual, means the individual—\n\n> (a) under the [Bankruptcy Act 1966](http://www.legislation.gov.au/) of the Commonwealth—\n> \n> > (i) is bankrupt, or\n> \n> > (ii) is a party to a debt agreement as a debtor, or\n> \n> > (iii) is a party to a personal insolvency agreement as a debtor and the obligations created by the agreement remain undischarged, or\n> \n> > (iv) authorises a controlling trustee to control the individual’s property, whether or not the individual has entered into a personal insolvency agreement as a debtor, or\n\n> (b) has a status under a law of a foreign country substantially similar to an individual referred to in paragraph (a), or\n\n> (c) otherwise applies to take the benefit of a law for the relief of bankrupt or insolvent debtors.\n\npolice officer means a member of the NSW Police Force who is a police officer within the meaning of the [Police Act 1990](/view/html/inforce/current/act-1990-047).\n\nPrivacy Commissioner means the Privacy Commissioner under the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133).\n\nproclamation means a proclamation of the Governor published in the Gazette or on the NSW legislation website.\n\nproperty means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description, including money, and includes things in action.\n\npublic holiday means a day appointed under the [Public Holidays Act 2010](/view/html/inforce/current/act-2010-115) or another Act as a public holiday.\n\nPublic Service or NSW Public Service means the Public Service referred to in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n\nRegistrar-General means the person employed in the Public Service as the Registrar-General.\n\nRegistrar of Births, Deaths and Marriages means the Registrar under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062).\n\nrepeal, in relation to an instrument, includes revoke and rescind.\n\nrules of court, in relation to a court or tribunal, means rules made by the person or body having power to make rules regulating the practice and procedure of the court or tribunal.\n\nserious indictable offence means an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.\n\nService NSW means Service NSW under the [Service NSW (One-stop Access to Government Services) Act 2013](/view/html/inforce/current/act-2013-039).\n\nSheriff means the Sheriff under the [Sheriff Act 2005](/view/html/inforce/current/act-2005-006).\n\nsign includes the affixing of a seal and the making of a mark.\n\nStandards Australia means Standards Australia International Limited (ACN 087 326 690), and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.\n\nState means a State of the Commonwealth.\n\nState Emergency Service means the NSW State Emergency Service under the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164).\n\nState industrial instrument means an industrial instrument within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n\nState owned corporation means a State owned corporation within the meaning of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134).\n\nstatutory declaration means a declaration made by virtue of any Act authorising a declaration to be made instead of an oath.\n\nstatutory rule means—\n\n> (a) a regulation, by-law, rule or ordinance—\n> \n> > (i) that is made by the Governor, or\n> \n> > (ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or\n\n> (b) a rule of court.\n\nsummary offence means an offence that is not an indictable offence.\n\nSupreme Court means the Supreme Court of New South Wales under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052).\n\nSurveyor-General means the Surveyor-General under the [Surveying and Spatial Information Act 2002](/view/html/inforce/current/act-2002-083).\n\nswear, in the case of persons for the time being allowed by law to affirm, declare or promise, includes affirm, declare and promise.\n\nTeaching Service means the Teaching Service of New South Wales referred to in the [Teaching Service Act 1980](/view/html/inforce/current/act-1980-023).\n\nTerritory means a Territory of the Commonwealth.\n\nthe State means the State of New South Wales.\n\nTransport Service means the Transport Service of New South Wales referred to in the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).\n\nUnited Kingdom means the United Kingdom of Great Britain and Northern Ireland.\n\nValuer-General means the Valuer-General under the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002).\n\nwriting includes printing, photography, photocopying, lithography, typewriting and any other mode of representing or reproducing words in visible form.\n\n**sch 4:** Ins 2023 No 7, Sch 3.1\\[6\\]. Am 2023 No 35, Sch 1.12\\[2\\]; 2023 No 41, Sch 2.22; 2024 No 47, Sch 1.18\\[2\\]; 2024 No 82, Sch 3.5\\[5\\]; 2025 No 61, Sch 2.54\\[1\\] \\[2\\].","sortOrder":136}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2505},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally conceived as a standard interpretation statute providing definitions and construction rules, the Act has expanded significantly beyond this core function. It now includes: procedural rules for the digital publication of legislation and the NSW legislation website (Part 6A, inserted 2006); specific social relationship definitions (de facto partners and relationships, s 21C, inserted 2010); health practitioner registration definitions (s 21D, inserted 2017); geographic boundary definitions (Greater Sydney Region, Schedule 1, inserted 2022); automatic repeal mechanisms for amending Acts (s 30C, inserted 2008); and detailed rules regarding the Crown status of government agencies (s 13A, inserted 2006). It has evolved from a pure 'interpretation' Act into a hybrid legislative procedure and interpretation manual."},"complexity_factors":["Schedule 4 (Dictionary) contains approximately 100 defined terms, including complex definitions for 'personally insolvent', 'de facto relationship', and 'document'","Extensive nested subsections with multiple levels of indentation (e.g., section 15 contains 4 subsections with nested paragraphs (a)-(d) and sub-paragraphs)","Numerous cross-references to Commonwealth legislation (e.g., Coastal Waters (State Powers) Act 1980, Banking Act 1959) and other NSW Acts","Conditional application clauses throughout (e.g., 'unless the contrary intention appears', 'except in so far as')","Savings and transitional provisions in Schedule 3 that preserve the effect of repealed legislation and transitional arrangements spanning from 1987 to 2024","Technical procedural requirements for digital publication, tabling, and disallowance of statutory rules (Part 6 and Part 6A)","Specific rules for different classes of instruments including environmental planning instruments, statutory rules, and rules of court"],"plain_english_summary":"The **Interpretation Act 1987** is essentially the 'instruction manual' for reading every other law in New South Wales. It provides default rules that apply to all NSW legislation and regulations unless a specific law explicitly says otherwise.\n\n**What it does:**\n\n*   **Dictionary for laws**: Defines common words used across all NSW legislation—everything from 'business day' and 'month' to 'de facto partner' and 'statutory rule'. If another Act uses these words without defining them, this Act supplies the meaning.\n*   **Grammar rules**: Explains how to read legislative language. For example, words in the singular (like 'person') usually include the plural ('people'), 'may' means something is optional, and 'shall' means it is mandatory.\n*   **When laws start**: Sets the rules for when new laws come into force. Generally, an Act starts 28 days after it receives Royal Assent unless it specifies a different date.\n*   **Changing and removing laws**: Ensures that when laws are amended or repealed, past decisions, rights, and penalties made under the old law remain valid. It also prevents old laws from automatically 'coming back to life' if the repealing law is later removed.\n*   **Making regulations**: Sets out the process for making statutory rules (regulations), including requirements to publish them on the NSW legislation website and table them in Parliament, and explains how Parliament can disallow (cancel) them.\n*   **Government operations**: Provides standard rules for how ministers, government agencies, and statutory bodies operate—including how appointments are made, how powers can be delegated, and how meetings are conducted.\n*   **Geographic reach**: Extends the application of NSW laws to the state's coastal waters.\n\n**Who it affects:**\nAnyone who uses NSW legislation—judges, lawyers, public servants, business owners, and citizens. It ensures that when you read a law, you interpret it the same way the courts and government do.\n\n**Why it matters:**\nWithout this Act, every single piece of legislation would need to define basic terms like 'month' or explain what happens when it is repealed. It creates consistency and prevents ambiguity across the entire NSW legal system."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Interpretation Acts of this kind typically begin with a narrow purpose: standardising common definitions and basic drafting conventions. Over time, however, the NSW Interpretation Act 1987 has been amended to cover a significantly broader range of topics, including electronic transactions considerations, rules about delegated legislation (regulations and by-laws), service of documents, and detailed commencement and repeal mechanics. It has grown from a simple glossary-style statute into a comprehensive procedural constitution for all NSW legislation, well beyond its original definitional purpose."},"complexity_factors":["Large number of defined terms that apply across all NSW legislation — typically 60+ definitions in the interpretation section alone","Extensive cross-referencing: provisions interact with virtually every other Act in the NSW statute book","Conditional logic around when provisions apply (e.g. 'unless the contrary intention appears' qualifications throughout)","Layered rules on commencement, including exceptions for proclamation-based commencement and retrospective effect","Complex provisions on the survival of rights and obligations following repeal or amendment of legislation","Rules on delegated legislation (regulations, by-laws, orders) involve nested procedural requirements","Time-calculation provisions contain multiple conditions depending on whether periods are expressed in days, months, or years","Provisions apply differently depending on whether the instrument is an Act, a statutory rule, or another type of instrument — requiring the reader to first classify the document"],"plain_english_summary":"## Interpretation Act 1987 (NSW)\n\n**What is this law?**\n\nThe *Interpretation Act 1987* (NSW) is a foundational piece of New South Wales legislation — essentially a **\"rules about rules\"** law. It sets out how all other NSW Acts of Parliament and statutory instruments (legally binding rules made under Acts, like regulations and by-laws) are to be read and understood.\n\n**Who does it affect?**\n\nIt affects virtually **everyone** who interacts with NSW law — including:\n- Courts and tribunals interpreting legislation\n- Government agencies applying laws\n- Lawyers advising clients\n- Businesses and individuals trying to understand their legal rights and obligations\n\n**What does it actually do?**\n\nThink of it as an instruction manual for reading legislation. Key things it covers include:\n\n- **Standard definitions**: Words and phrases that appear across many NSW laws are given fixed meanings here (e.g. what \"person\", \"writing\", \"document\", \"month\", or \"public holiday\" means), so each Act doesn't have to define them individually\n- **Rules of construction** (how to interpret): Guidance on how to read ambiguous laws, including that legislation should be interpreted in a way that best achieves its purpose\n- **How Acts commence**: Rules about when a law takes effect, including what happens when no commencement date is specified\n- **Repeals and amendments**: What happens when a law is repealed — for example, whether rights and obligations that arose under the old law survive\n- **Delegated legislation** (rules made by government rather than Parliament, such as regulations): How these are made, interpreted, and challenged\n- **Gender and number**: Confirming that singular includes plural, masculine includes feminine, and so on\n- **Calculation of time**: How to count days in legal timeframes (e.g. does \"within 7 days\" include the first day or not?)\n- **Service of documents**: Rules about when a document is legally taken to have been received\n\n**Why does it matter?**\n\nWithout this Act, every single NSW law would need to spell out all of these basic rules itself — creating massive duplication and inconsistency. This Act acts as a **silent background framework** that applies automatically to almost all NSW legislation unless an individual Act says otherwise. It is one of the most frequently relied-upon Acts in the entire NSW statute book, even though most people have never heard of it."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Act replaces earlier interpretation provisions (see Schedule 2) and establishes modern, centralised publication and commencement mechanics that differ from older practice. Mechanically, it extends the interpretation rules to all Acts and instruments (s 5), makes website publication the recognised method for many statutory rules (s 39; pt 6A s 45C), and adds contemporary definitions (for example, de facto relationships at s 21C and registered health practitioners at s 21D). These changes shift operational responsibility to Parliamentary Counsel for publication and certification (s 45C(1), (5)), give the Governor and executive new or clarified powers over commencement and exclusions (s 23; s 39(4)), and update delegation and form‑compliance defaults (ss 49, 80). The result is an expanded administrative and digital footprint compared with the older framework and a set of transitional provisions to preserve selected prior arrangements (Schedule 3)."},"complexity_factors":["Broad cross‑cutting coverage (applies to all Acts and instruments; s 5) — the Act affects many different legal contexts and therefore interacts with many other statutes.","Extensive definitions and dictionary (Schedule 4; s 3) creating many settled meanings that must be checked when reading other laws.","Multiple commencement and publication regimes (ss 2, 23, 24, 39, 45C) with backdating and alternative publication rules that complicate timing analysis.","Numerous cross‑references, savings and transitional provisions (ss 29–31, 29A, 30A–30D; Schedule 3) that require attention when laws are amended or repealed.","Delegation and appointment mechanics (ss 46–49) that distribute decision‑making and require documentary proof (writing, signature) for delegations (s 49(2)).","Parliamentary oversight mechanisms for statutory rules (ss 40–41) whose time limits and tabling rules can be procedurally technical.","Discretionary executive powers (Governor proclamations, exclusions under s 39(4); Parliamentary Counsel's rule‑making for publication standards s 45C(6)) that introduce administrative variance.","Interpretative aids including use of extrinsic materials (s 34) which allow courts to consider many non‑statutory documents, increasing evidentiary and interpretative complexity.","Mixture of old and new modes (s 39(4) and Schedule 2 repeals) and transitional saved rules (Schedule 3) requiring historical legal checks in some cases.","Presumptions of validity and evidentiary rules (s 45, s 69A) that shift litigation strategies about proof of publication or of standards."],"plain_english_summary":"### What this law does, in plain terms\n\nThis Act sets the default rules for how New South Wales legislation and subordinate instruments are to be read, published and brought into effect. It does not itself create substantive policy rights or obligations; rather it provides the mechanical rules that apply when other Acts or instruments are made, amended, commenced or interpreted. Key functions include:\n\n- Saying which texts count as legislation and defining commonly used words and technical terms so different Acts mean the same thing by the same words (see the Dictionary, Schedule 4; s 3).\n- Saying the Act binds the Crown (s 4) and applying these interpretation rules to all Acts and instruments whether made before or after this Act began (s 5).\n- Fixing default rules about when an Act starts to operate (commencement rules, including the 28‑day default) and how proclamations work (s 2; s 23).\n- Setting ordinary rules for grammar, gender, number, the meaning of words like “may” and “shall”, and how to treat headings, time periods and distances (ss 6–9, 18, 36, 38, 35).\n- Explaining how to treat amending and repealing provisions, transitional savings and the effect of amendments or repeals on past actions (ss 10, 27–31, 29–30, 29A, 30A–30D; Schedule 3).\n- Regulating the making, publication, tabling and disallowance of statutory rules and other instruments, including modernising publication on the NSW legislation website and giving the Parliamentary Counsel a central publishing/certifying role (ss 39–43; pt 6A ss 45B–45C).\n- Specifying rules about delegation, appointments, and exercise of statutory powers and duties (ss 46–49, 48).\n- Providing procedural defaults for statutory bodies, courts, service by post, form compliance and other practical matters used across many Acts (ss 50–53; ss 76, 80, 52, 78).\n- Including a Dictionary of statutory terms used across NSW law (Schedule 4).\n\nThe Act also modernises some technical processes: it treats publication on the NSW legislation website as the recognised method for making rules effective (s 39; s 45C), and it sets out how extrinsic materials may be used when interpreting a provision (s 34).\n\nWho is affected\n\n- Parliament and government agencies that make or publish Acts, statutory rules and other instruments (ss 39–45C, s 40). Parliamentary Counsel has explicit publishing and certifying functions (s 45C(1), (5)).\n- Ministers, the Governor and statutory decision‑makers who appoint, delegate or exercise statutory powers (ss 2, 14, 15, 46–49, 23).\n- Courts and tribunals, because the Act sets rules about interpretation, commencement, jurisdiction and evidentiary presumptions (ss 31–33, 22, 45, 61).\n- Private persons, businesses and organisations: the Act changes the default legal effects of timing, publication, references to other Acts and to defined terms (ss 23, 39, 68, Schedule 4). For example, how and when a statutory rule is published affects when it commences (s 39).\n\nWhy it matters (mechanics and practical effects)\n\n- Consistency and predictability: by prescribing default interpretative rules (ss 6–11, 31–35) and a standard dictionary (Schedule 4), drafters and courts can rely on common meanings.\n- Timing and legal certainty: default commencement rules (s 23) and the rule that publication on the NSW legislation website constitutes publication (s 39; s 45C) change when instruments take legal effect and who controls that timing (Parliamentary Counsel and the Governor via proclamation—ss 23, 39, 45C(3)).\n- Administrative and compliance consequences: agencies must publish statutory rules on the website and lay written notices before Parliament within set time frames (ss 39–40). Parliamentary Counsel may set lodging and technical requirements for instruments (s 45C(6)).\n- Delegation and decision‑making flow: the Act permits appointments and delegations by reference to office‑holders and allows delegated decisionmakers to exercise incidental powers (ss 46–49), shifting where work is done inside the administration.\n\nClaimed purpose and a practical assessment against costs and trade‑offs\n\n- The Act’s operative purpose is to provide uniform, mechanical rules for reading and operating NSW law (see s 5 and the Dictionary at Schedule 4). This centralisation of interpretative defaults and publication mechanics aims to reduce ambiguity when other laws are applied.\n\n- Costs and who pays: the administrative burden of publishing, lodging and tabling instruments falls on agencies and on Parliamentary Counsel (ss 39–40, s 45C(6)). Agencies must ensure instruments meet publishing and technical standards; Parliament must process tabled notices (s 40). Courts and litigants may also face transition costs when timing rules change (s 23), for example where an instrument’s effective date is tied to website publication.\n\n- Incentives and behaviour changes: the Act gives Parliamentary Counsel control over how legislation is published and certified (s 45C(1), (5)); that central role incentivises agencies to conform to publishing standards (s 45C(6)). The availability of delegation (s 49) and appointment by office (s 46) encourages administrative allocation of routine powers downward in organisations.\n\n- Trade‑offs and opportunity costs: the move to website publication (ss 39, 45C) reduces reliance on the Gazette but requires reliable digital systems; if publishing is delayed for technical reasons, the Act provides for alternate publication and backdating rules which can complicate timing (s 45C(4)). The preference for substantial rather than strict compliance with prescribed forms reduces procedural invalidations but requires agencies to define what is “substantial” (s 80(1)–(2)).\n\n- Implementation risk and bureaucratic discretion: the Governor retains proclamation powers for commencement (s 23) and may exclude classes of statutory rules from particular requirements (s 39(4)), creating points where executive discretion affects uniformity. Parliamentary Counsel’s rule‑setting powers for lodging and format (s 45C(6)) introduce further administrative discretion about how instruments must be presented.\n\n- Compliance burden and litigation risk: the Act presumes validity of properly published instruments absent contrary evidence (s 45), which reduces some grounds for procedural challenge; conversely, the precise timing rules for commencement and publication (ss 23, 39) create litigation risk about whether an instrument was effectively published or tabled within required periods (s 40).\n\nConcrete mechanisms that change behaviour (with sections cited)\n\n- Publication on the NSW legislation website makes instruments effective and determines their commencement date (s 39; s 45C(2)–(4)).\n- Agencies must lay written notice of made statutory rules before each House within 14 sitting days (s 40(1)); failure to do so does not invalidate the rule but notice must be laid (s 40(4)).\n- Either House may disallow a statutory rule within the specified period (s 41); a disallowed rule ceases to have effect and, where it had amended an Act or rule, the earlier text is revived (s 41(2), (4)–(5)).\n- Delegations must generally be in writing and are revocable; a delegate’s proper exercise is taken to be the delegator’s (s 49(2)–(6)).\n- Forms: strict compliance with a prescribed form is not necessary; substantial compliance suffices in many cases, but where a form requires particular information it must be completed exactly (s 80(1)–(2)).\n\nNet effect in practical terms\n\nThis Act standardises how NSW laws are read, when they take effect and how subordinate instruments are published and challenged. It centralises publication in the Parliamentary Counsel’s systems, sets default interpretative and procedural rules that apply across government and the courts, and creates administrative pathways (delegation, appointments, form rules) designed to reduce formal invalidity while concentrating certain technical responsibilities in the executive and Parliamentary Counsel (see ss 5, 39, 45C, 49, 80)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/interpretation-act-1987","history":"/api/acts/interpretation-act-1987/history","analysis":"/api/acts/interpretation-act-1987/analysis","conflicts":"/api/acts/interpretation-act-1987/conflicts","importantCases":"/api/acts/interpretation-act-1987/important-cases","documents":"/api/acts/interpretation-act-1987/documents"}}