Schedule 7 Miscellaneous provisions
relating to interpretation
(Section 6)
1 Displacement of Schedule by contrary intention
The application of this Schedule may be displaced, wholly or partly,
by a contrary intention appearing in this Law.
2 Law to be construed not to exceed legislative power of
Legislature
(1) This Law is to be construed as operating to the full extent of, but so
as not to exceed, the legislative power of the Legislature of this
(2) If a provision of this Law, or the application of a provision of this
Law to a person, subject matter or circumstance, would, but for this
clause, be construed as being in excess of the legislative power of the
Legislature of this jurisdiction—
(a) it is a valid provision to the extent to which it is not in excess of
the power; and
(b) the remainder of this Law, and the application of the provision
to other persons, subject matters or circumstances, is not
affected.
(3) This clause applies to this Law in addition to, and without limiting
the effect of, any provision of this Law.
3 Every section to be a substantive enactment
Every section of this Law has effect as a substantive enactment
without introductory words.
4 Material that is, and is not, part of this Law
(1) The heading to a Part, Division or Subdivision into which this Law is
divided is part of this Law.
(2) A Schedule to this Law is part of this Law.
(3) Punctuation in this Law is part of this Law.
(4) A heading to a section or subsection of this Law does not form part
of this Law.
(5) Notes included in this Law (including footnotes and endnotes) do not
form part of this Law.
5 References to particular Acts and to enactments
(a) an Act of this jurisdiction may be cited—
(ii) by reference to the year in which it was passed and its
number; and
(b) a Commonwealth Act may be cited—
(ii) in another way sufficient in a Commonwealth Act for the
citation of such an Act;
together with a reference to the Commonwealth; and
(c) an Act of another jurisdiction may be cited—
(ii) in another way sufficient in an Act of the jurisdiction for
the citation of such an Act;
together with a reference to the jurisdiction.
6 References taken to be included in Act or Law citation etc
(1) A reference in this Law to an Act includes a reference to—
(a) the Act as originally enacted, and as amended from time to time
since its original enactment; and
(b) if the Act has been repealed and re-enacted (with or without
modification) since the enactment of the reference—the Act as
re-enacted, and as amended from time to time since its re-
enactment.
(2) A reference in this Law to a provision of this Law or of an Act
includes a reference to—
(a) the provision as originally enacted, and as amended from time
to time since its original enactment; and
(b) if the provision has been omitted and re-enacted (with or without
modification) since the enactment of the reference—the
provision as re-enacted, and as amended from time to time since
its re-enactment.
(3) Subclauses (1) and (2) apply to a reference in this Law to a law of the
Commonwealth or another jurisdiction as they apply to a reference in
this Law to an Act and to a provision of an Act.
7 Interpretation best achieving Law’s purpose
(1) In the interpretation of a provision of this Law, the interpretation that
will best achieve the purpose or object of this Law is to be preferred
to any other interpretation.
(2) Subclause (1) applies whether or not the purpose is expressly stated
in this Law.
8 Use of extrinsic material in interpretation
(1) In this clause—
extrinsic material means relevant material not forming part of this
Law, including, for example—
(a) material that is set out in the document containing the text of this
Law as printed by the Government Printer; and
(b) a relevant report of a Royal Commission, Law Reform
Commission, commission or committee of inquiry, or a similar
body, that was laid before the Parliament of this jurisdiction
before the provision concerned was enacted; and
Schedule Sch 7 - HEALTH PRACTITIONER REGULATION NATIONAL LAW (ACT) - Miscellaneous provisions | Zoe
(c) a relevant report of a committee of the Parliament of this
jurisdiction that was made to the Parliament before the provision
was enacted; and
(d) a treaty or other international agreement that is mentioned in this
(e) an explanatory note or memorandum relating to the Bill that
contained the provision, or any relevant document, that was laid
before, or given to the members of, the Parliament of this
jurisdiction by the member bringing in the Bill before the
provision was enacted; and
(f) the speech made to the Parliament of this jurisdiction by the
member in moving a motion that the Bill be read a second time;
and
(g) material in the Votes and Proceedings of the Parliament of this
jurisdiction or in any official record of debates in the Parliament
of this jurisdiction; and
(h) a document that is declared by this Law to be a relevant
document for the purposes of this clause.
ordinary meaning means the ordinary meaning conveyed by a
provision having regard to its context in this Law and to the purpose
of this Law.
(2) Subject to subclause (3), in the interpretation of a provision of this
Law, consideration may be given to extrinsic material capable of
assisting in the interpretation—
(a) if the provision is ambiguous or obscure—to provide an
interpretation of it; or
(b) if the ordinary meaning of the provision leads to a result that is
manifestly absurd or is unreasonable—to provide an
interpretation that avoids such a result; or
(c) in any other case—to confirm the interpretation conveyed by the
ordinary meaning of the provision.
(3) In determining whether consideration should be given to extrinsic
material, and in determining the weight to be given to extrinsic
material, regard is to be had to—
(a) the desirability of a provision being interpreted as having its
ordinary meaning; and
(b) the undesirability of prolonging proceedings without
compensating advantage; and
(c) other relevant matters.
9 Effect of change of drafting practice and use of examples
If—
(a) a provision of this Law expresses an idea in particular words;
and
(b) a provision enacted later appears to express the same idea in
different words for the purpose of implementing a different
legislative drafting practice, including, for example—
(i) the use of a clearer or simpler style; or
(ii) the use of gender-neutral language;
the ideas must not be taken to be different merely because different
words are used.
10 Use of examples
If this Law includes an example of the operation of a provision—
(a) the example is not exhaustive; and
(b) the example does not limit, but may extend, the meaning of the
provision; and
(c) the example and the provision are to be read in the context of
each other and the other provisions of this Law, but, if the
example and the provision so read are inconsistent, the provision
prevails.
11 Compliance with forms
(1) If a form is prescribed or approved by or for the purpose of this Law,
strict compliance with the form is not necessary and substantial
compliance is sufficient.
(2) If a form prescribed or approved by or for the purpose of this Law
requires—
(a) the form to be completed in a specified way; or
(b) specified information or documents to be included in, attached
to or given with the form; or
(c) the form, or information or documents included in, attached to
or given with the form, to be verified in a specified way,
the form is not properly completed unless the requirement is complied
with.
12 Definitions
(1) In this Law—
Act means an Act of the Legislature of this jurisdiction.
adult means an individual who is 18 or more.
affidavit, in relation to a person allowed by law to affirm, declare or
promise, includes affirmation, declaration and promise.
amend includes—
(a) omit or omit and substitute; or
(b) alter or vary; or
(c) amend by implication.
appoint includes reappoint.
Australia means the Commonwealth of Australia but, when used in a
geographical sense, does not include an external Territory.
business day means a day that is not—
(a) a Saturday or Sunday; or
(b) a public holiday, special holiday or bank holiday in the place in
which any relevant act is to be or may be done.
calendar month means a period starting at the beginning of any day
of one of the 12 named months and ending—
(a) immediately before the beginning of the corresponding day of
the next named month; or
(b) if there is no such corresponding day—at the end of the next
named month.
calendar year means a period of 12 months beginning on 1 January.
commencement, in relation to this Law or an Act or a provision of
this Law or an Act, means the time at which this Law, the Act or
provision comes into operation.
Commonwealth means the Commonwealth of Australia but, when
used in a geographical sense, does not include an external Territory.
confer, in relation to a function, includes impose.
contravene includes fail to comply with.
country includes—
(a) a federation; or
(b) a state, province or other part of a federation.
date of assent, in relation to an Act, means the day on which the Act
receives the Royal Assent.
definition means a provision of this Law (however expressed) that—
(a) gives a meaning to a word or expression; or
(b) limits or extends the meaning of a word or expression.
document includes—
(a) any paper or other material on which there is writing; or
(b) any paper or other material on which there are marks, figures,
symbols or perforations having a meaning for a person qualified
to interpret them; or
(c) any disc, tape or other article or any material from which sounds,
images, writings or messages are capable of being reproduced
(with or without the aid of another article or device).
electronic communication means—
(a) a communication of information in the form of data, text or
images by means of guided or unguided electromagnetic energy,
(b) a communication of information in the form of sound by means
of guided or unguided electromagnetic energy, or both, where
the sound is processed at its destination by an automated voice
recognition system.
estate includes easement, charge, right, title, claim, demand, lien or
encumbrance, whether at law or in equity.
expire includes lapse or otherwise cease to have effect.
external Territory means a Territory, other than an internal Territory,
for the government of which as a Territory provision is made by a
Commonwealth Act.
fail includes refuse.
financial year means a period of 12 months beginning on 1 July.
foreign country means a country (whether or not an independent
sovereign State) outside Australia and the external Territories.
function includes a power, authority or duty.
Gazette means the Government Gazette of this jurisdiction.
gazetted means published in the Gazette.
Gazette notice means notice published in the Gazette.
Government Printer means the Government Printer of this
jurisdiction, and includes any other person authorised by the
Government of this jurisdiction to print an Act or instrument.
individual means a natural person.
information system means a system for generating, sending,
receiving, storing or otherwise processing electronic
communications.
insert, in relation to a provision of this Law, includes substitute.
instrument includes a statutory instrument.
interest, in relation to land or other property, means—
(a) a legal or equitable estate in the land or other property; or
(b) a right, power or privilege over, or in relation to, the land or
other property.
internal Territory means the Australian Capital Territory, the Jervis
Bay Territory or the Northern Territory.
Jervis Bay Territory means the Territory mentioned in the Jervis Bay
Territory Acceptance Act 1915 (Cwlth).
make includes issue or grant.
minor means an individual who is under 18.
modification includes addition, omission or substitution.
month means a calendar month.
named month means 1 of the 12 months of the year.
Northern Territory means the Northern Territory of Australia.
number means—
(a) a number expressed in figures or words; or
(b) a letter; or
(c) a combination of a number so expressed and a letter.
oath, in relation to a person allowed by law to affirm, declare or
promise, includes affirmation, declaration or promise.
office includes position.
omit, in relation to a provision of this Law or an Act, includes repeal.
party includes an individual or a body politic or corporate.
penalty includes forfeiture or punishment.
person includes an individual or a body politic or corporate.
power includes authority.
prescribed means prescribed by, or by regulations made or in force
for the purposes of or under, this Law.
printed includes typewritten, lithographed or reproduced by any
mechanical means.
proceeding means a legal or other action or proceeding.
property means any legal or equitable estate or interest (whether
present or future, vested or contingent, or tangible or intangible) in
real or personal property of any description (including money), and
includes things in action.
provision, in relation to this Law or an Act, means words or other
matter that form or forms part of this Law or the Act, and includes—
(a) a Chapter, Part, Division, Subdivision, section, subsection,
paragraph, subparagraph, sub-subparagraph or Schedule of or to
this Law or the Act; or
(b) a section, clause, subclause, item, column, table or form of or in
a Schedule to this Law or the Act; or
(c) the long title and any preamble to the Act.
record includes information stored or recorded by means of a
computer.
repeal includes—
(a) revoke or rescind; or
(b) repeal by implication; or
(c) abrogate or limit the effect of this Law or instrument concerned;
or
(d) exclude from, or include in, the application of this Law or
instrument concerned any person, subject matter or
circumstance.
Clause 13
sign includes the affixing of a seal or the making of a mark.
statutory declaration means a declaration made under an Act, or
under a Commonwealth Act or an Act of another jurisdiction, that
authorises a declaration to be made otherwise than in the course of a
judicial proceeding.
statutory instrument means an instrument (including a regulation)
made or in force under or for the purposes of this Law, and includes
an instrument made or in force under any such instrument.
swear, in relation to a person allowed by law to affirm, declare or
promise, includes affirm, declare or promise.
word includes any symbol, figure or drawing.
writing includes any mode of representing or reproducing words in a
visible form.
(2) In a statutory instrument—
the Law means this Law.
13 Provisions relating to defined terms and gender and
number
(1) If this Law defines a word or expression, other parts of speech and
grammatical forms of the word or expression have corresponding
meanings.
(2) Definitions in or applicable to this Law apply except so far as the
context or subject matter otherwise indicates or requires.
(3) In this Law, words indicating a gender include each other gender.
(4) In this Law—
(a) words in the singular include the plural; and
(b) words in the plural include the singular.
Clause 14
14 Meaning of “may” and “must” etc
(1) In this Law, the word may, or a similar word or expression, used in
relation to a power indicates that the power may be exercised or not
exercised, at discretion.
(2) In this Law, the word must, or a similar word or expression, used in
relation to a power indicates that the power is required to be
exercised.
(3) This clause has effect despite any rule of construction to the contrary.
15 Words and expressions used in statutory instruments
(1) Words and expressions used in a statutory instrument have the same
meanings as they have, from time to time, in this Law, or relevant
provisions of this Law, under or for the purposes of which the
instrument is made or in force.
(2) This clause has effect in relation to an instrument except so far as the
contrary intention appears in the instrument.
16 Effect of express references to bodies corporate and
individuals
In this Law, a reference to a person generally (whether the expression
“person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another”
or “whoever” or another expression is used)—
(a) does not exclude a reference to a body corporate or an individual
merely because elsewhere in this Law there is particular
reference to a body corporate (however expressed); and
(b) does not exclude a reference to a body corporate or an individual
merely because elsewhere in this Law there is particular
reference to an individual (however expressed).
17 Production of records kept in computers etc
If a person who keeps a record of information by means of a
mechanical, electronic or other device is required by or under this
Law—
(a) to produce the information or a document containing the
information to a court, tribunal or person; or
(b) to make a document containing the information available for
inspection by a court, tribunal or person;
then, unless the court, tribunal or person otherwise directs—
(c) the requirement obliges the person to produce or make available
for inspection, as the case may be, a document that reproduces
the information in a form capable of being understood by the
court, tribunal or person; and
(d) the production to the court, tribunal or person of the document
in that form complies with the requirement.
18 References to this jurisdiction to be implied
(a) a reference to an officer, office or statutory body is a reference
to such an officer, office or statutory body in and for this
(b) a reference to a locality or other matter or thing is a reference to
such a locality or other matter or thing in and of this jurisdiction.
19 References to officers and holders of offices
In this Law, a reference to a particular officer, or to the holder of a
particular office, includes a reference to the person for the time being
20 Reference to certain provisions of Law
If a provision of this Law refers—
(a) to a Part, section or Schedule by a number and without reference
to this Law—the reference is a reference to the Part, section or
Schedule, designated by the number, of or to this Law; or
(b) to a Schedule without reference to it by a number and without
reference to this Law—the reference, if there is only one
Schedule to this Law, is a reference to the Schedule; or
(c) to a Division, Subdivision, subsection, paragraph, subparagraph,
sub-subparagraph, clause, subclause, item, column, table or
form by a number and without reference to this Law—the
reference is a reference to—
(i) the Division, designated by the number, of the Part in
which the reference occurs; and
(ii) the Subdivision, designated by the number, of the Division
in which the reference occurs; and
(iii) the subsection, designated by the number, of the section in
which the reference occurs; and
(iv) the paragraph, designated by the number, of the section,
subsection, Schedule or other provision in which the
reference occurs; and
(v) the paragraph, designated by the number, of the clause,
subclause, item, column, table or form of or in the Schedule
in which the reference occurs; and
(vi) the subparagraph, designated by the number, of the
paragraph in which the reference occurs; and
(vii) the sub-subparagraph, designated by the number, of the
subparagraph in which the reference occurs; and
Clause 21
(viii) the section, clause, subclause, item, column, table or form,
designated by the number, of or in the Schedule in which
the reference occurs;
as the case requires.
21 Reference to provisions of this Law or an Act is inclusive
In this Law, a reference to a portion of this Law or an Act includes—
(a) a reference to the Chapter, Part, Division, Subdivision, section,
subsection or other provision of this Law or the Act referred to
that forms the beginning of the portion; and
(b) a reference to the Chapter, Part, Division, Subdivision, section,
subsection or other provision of this Law or the Act referred to
that forms the end of the portion.
A reference to “sections 5 to 9” includes both section 5 and section 9.
It is not necessary to refer to “sections 5 to 9 (both inclusive)” to ensure that the
reference is given an inclusive interpretation.
22 Performance of statutory functions
(1) If this Law confers a function or power on a person or body, the
function may be performed, or the power may be exercised, from time
to time as occasion requires.
(2) If this Law confers a function or power on a particular officer or the
holder of a particular office, the function may be performed, or the
power may be exercised, by the person for the time being occupying
or acting in the office concerned.
(3) If this Law confers a function or power on a body (whether or not
incorporated), the performance of the function, or the exercise of the
power, is not affected merely because of vacancies in the membership
of the body.
23 Power to make instrument or decision includes power to
amend or repeal
If this Law authorises or requires the making of an instrument or
decision—
(a) the power includes power to amend or repeal the instrument or
(b) the power to amend or repeal the instrument or decision is
exercisable in the same way, and subject to the same conditions,
as the power to make the instrument or decision.
Clause 24
24 Matters for which statutory instruments may make
provision
(1) If this Law authorises or requires the making of a statutory instrument
in relation to a matter, a statutory instrument made under this Law
may make provision for the matter by applying, adopting or
incorporating (with or without modification) the provisions of—
(a) an Act or statutory instrument; or
(b) another document (whether of the same or a different kind);
as in force at a particular time or as in force from time to time.
(2) If a statutory instrument applies, adopts or incorporates the provisions
of a document, the statutory instrument applies, adopts or
incorporates the provisions as in force from time to time, unless the
statutory instrument otherwise expressly provides.
(3) A statutory instrument may—
(a) apply generally throughout this jurisdiction or be limited in its
application to a particular part of this jurisdiction; or
(b) apply generally to all persons, matters or things or be limited in
its application to—
(i) particular persons, matters or things; or
(ii) particular classes of persons, matters or things; or
(c) otherwise apply generally or be limited in its application by
reference to specified exceptions or factors.
(4) A statutory instrument may—
(a) apply differently according to different specified factors; or
(b) otherwise make different provision in relation to—
(i) different persons, matters or things; or
(ii) different classes of persons, matters or things.
Clause 25
(5) A statutory instrument may authorise a matter or thing to be from time
to time determined, applied or regulated by a specified person or
body.
(6) If this Law authorises or requires a matter to be regulated by statutory
instrument, the power may be exercised by prohibiting by statutory
instrument the matter or any aspect of the matter.
(7) If this Law authorises or requires provision to be made with respect
to a matter by statutory instrument, a statutory instrument made under
this Law may make provision with respect to a particular aspect of
the matter despite the fact that provision is made by this Law in
relation to another aspect of the matter or in relation to another matter.
(8) A statutory instrument may provide for the review of, or a right of
appeal against, a decision made under the statutory instrument, or this
Law, and may, for that purpose, confer jurisdiction on any court,
tribunal, person or body.
(9) A statutory instrument may require a form prescribed by or under the
statutory instrument, or information or documents included in,
attached to or given with the form, to be verified by statutory
declaration.
25 Presumption of validity and power to make
(1) All conditions and preliminary steps required for the making of a
statutory instrument are presumed to have been satisfied and
performed in the absence of evidence to the contrary.
(2) A statutory instrument is taken to be made under all powers under
which it may be made, even though it purports to be made under this
Law or a particular provision of this Law.
Clause 26
26 Appointments may be made by name or office
(1) If this Law authorises or requires a person or body—
(a) to appoint a person to an office; or
(b) to appoint a person or body to exercise a power; or
(c) to appoint a person or body to do another thing;
the person or body may make the appointment by—
(d) appointing a person or body by name; or
(e) appointing a particular officer, or the holder of a particular
office, by reference to the title of the office concerned.
(2) An appointment of a particular officer, or the holder of a particular
office, is taken to be the appointment of the person for the time being
27 Acting appointments
(1) If this Law authorises a person or body to appoint a person to act in
an office, the person or body may, in accordance with this Law,
appoint—
(a) a person by name; or
(b) a particular officer, or the holder of a particular office, by
reference to the title of the office concerned;
to act in the office.
(2) The appointment may be expressed to have effect only in the
circumstances specified in the instrument of appointment.
(3) The appointer may—
(a) determine the terms and conditions of the appointment,
including remuneration and allowances; and
(b) terminate the appointment at any time.
Clause 27
(4) The appointment, or the termination of the appointment, must be in,
or evidenced by, writing signed by the appointer.
(5) The appointee must not act for more than 1 year during a vacancy in
the office.
(6) If the appointee is acting in the office otherwise than because of a
vacancy in the office and the office becomes vacant, then, subject to
subclause (2), the appointee may continue to act until—
(a) the appointer otherwise directs; or
(b) the vacancy is filled; or
(c) the end of a year from the day of the vacancy;
whichever happens first.
(7) The appointment ceases to have effect if the appointee resigns by
writing signed and delivered to the appointer.
(8) While the appointee is acting in the office—
(a) the appointee has all the powers and functions of the holder of
the office; and
(b) this Law and other laws apply to the appointee as if the
appointee were the holder of the office.
(9) Anything done by or in relation to a person purporting to act in the
office is not invalid merely because—
(a) the occasion for the appointment had not arisen; or
(b) the appointment had ceased to have effect; or
(c) the occasion for the person to act had not arisen or had ceased.
(10) If this Law authorises the appointer to appoint a person to act during
a vacancy in the office, an appointment to act in the office may be
made by the appointer whether or not an appointment has previously
been made to the office.
Clause 28
28 Powers of appointment imply certain incidental powers
(1) If this Law authorises or requires a person or body to appoint a person
to an office—
(a) the power may be exercised from time to time as occasion
requires; and
(b) the power includes—
(i) power to remove or suspend, at any time, a person
appointed to the office; and
(ii) power to appoint another person to act in the office if a
person appointed to the office is removed or suspended;
and
(iii) power to reinstate or reappoint a person removed or
suspended; and
(iv) power to appoint a person to act in the office if it is vacant
(whether or not the office has ever been filled); and
(v) power to appoint a person to act in the office if the person
appointed to the office is absent or is unable to discharge
the functions of the office (whether because of illness or
otherwise).
(2) The power to remove or suspend a person under subclause (1) (b) may
be exercised even if this Law provides that the holder of the office to
which the person was appointed is to hold office for a specified
period.
(3) The power to make an appointment under subclause (1) (b) may be
exercised from time to time as occasion requires.
(4) An appointment under subclause (1) (b) may be expressed to have
effect only in the circumstances specified in the instrument of
appointment.
Clause 29
29 Delegation of functions
(1) If this Law authorises a person or body to delegate a function, the
person or body may, in accordance with this Law and any other
applicable law, delegate the function to—
(a) a person or body by name; or
(b) a specified officer, or the holder of a specified office, by
reference to the title of the office concerned.
(2) The delegation may be—
(a) general or limited; and
(b) made from time to time; and
(c) revoked, wholly or partly, by the delegator.
(3) The delegation, or a revocation of the delegation, must be in, or
evidenced by, writing signed by the delegator or, if the delegator is a
body, by a person authorised by the body for the purpose.
(4) A delegated function may be exercised only in accordance with any
conditions to which the delegation is subject.
(5) The delegate may, in the performance of a delegated function, do
anything that is incidental to the delegated function.
(6) A delegated function that purports to have been exercised by the
delegate is taken to have been properly exercised by the delegate
unless the contrary is proved.
(7) A delegated function that is properly exercised by the delegate is
taken to have been exercised by the delegator.
(8) If, when exercised by the delegator, a function is dependent on the
delegator’s opinion, belief or state of mind, then, when exercised by
the delegate, the function is dependent on the delegate’s opinion,
belief or state of mind.
Clause 29
(9) If—
(a) the delegator is a specified officer or the holder of a specified
office; and
(b) the person who was the specified officer or holder of the
specified office when the delegation was made ceases to be the
holder of the office;
(c) the delegation continues in force; and
(d) the person for the time being occupying or acting in the office
concerned is taken to be the delegator for the purposes of this
section.
(10) If—
(a) the delegator is a body; and
(b) there is a change in the membership of the body;
(c) the delegation continues in force; and
(d) the body as constituted for the time being is taken to be the
delegator for the purposes of this section.
(11) If a function is delegated to a specified officer or the holder of a
specified office—
(a) the delegation does not cease to have effect merely because the
person who was the specified officer or the holder of the
specified office when the function was delegated ceases to be
the officer or the holder of the office; and
(b) the function may be exercised by the person for the time being
(12) A function that has been delegated may, despite the delegation, be
exercised by the delegator.
(13) The delegation of a function does not relieve the delegator of the
delegator’s obligation to ensure that the function is properly
exercised.
(14) Subject to subsection (15), this clause applies to a subdelegation of a
function in the same way as it applies to a delegation of a function.
(15) If this Law authorises the delegation of a function, the function may
be subdelegated only if the Law expressly authorises the function to
be subdelegated.
30 Exercise of powers between enactment and
(1) If a provision of this Law (the empowering provision) that does not
commence on its enactment would, had it commenced, confer a
power—
(a) to make an appointment; or
(b) to make a statutory instrument of a legislative or administrative
character; or
(c) to do another thing;
(d) the power may be exercised; and
(e) anything may be done for the purpose of enabling the exercise
of the power or of bringing the appointment, instrument or other
thing into effect;
before the empowering provision commences.
(2) If a provision of a Queensland Act (the empowering provision) that
does not commence on its enactment would, had it commenced,
amend a provision of this Law so that it would confer a power—
(a) to make an appointment; or
(b) to make a statutory instrument of a legislative or administrative
character; or
(c) to do another thing;
(d) the power may be exercised; and
(e) anything may be done for the purpose of enabling the exercise
of the power or of bringing the appointment, instrument or other
thing into effect;
before the empowering provision commences.
(3) If—
(a) this Law has commenced and confers a power to make a
statutory instrument (the basic instrument-making power); and
(b) a provision of a Queensland Act that does not commence on its
enactment would, had it commenced, amend this Law so as to
confer additional power to make a statutory instrument (the
additional instrument-making power);
(c) the basic instrument-making power and the additional
instrument-making power may be exercised by making a single
instrument; and
(d) any provision of the instrument that required an exercise of the
additional instrument-making power is to be treated as made
under subclause (2).
(4) If an instrument, or a provision of an instrument, is made under
subclause (1) or (2) that is necessary for the purpose of—
(a) enabling the exercise of a power mentioned in the subclause; or
(b) bringing an appointment, instrument or other thing made or done
under such a power into effect;
the instrument or provision takes effect—
(c) on the making of the instrument; or
(d) on such later day (if any) on which, or at such later time (if any)
at which, the instrument or provision is expressed to take effect.
(5) If—
(a) an appointment is made under subclause (1) or (2); or
(b) an instrument, or a provision of an instrument, made under
subclause (1) or (2) is not necessary for a purpose mentioned in
subclause (4);
the appointment, instrument or provision takes effect—
(c) on the commencement of the relevant empowering provision; or
(d) on such later day (if any) on which, or at such later time (if any)
at which, the appointment, instrument or provision is expressed
to take effect.
(6) Anything done under subclause (1) or (2) does not confer a right, or
impose a liability, on a person before the relevant empowering
provision commences.
(7) After the enactment of a provision mentioned in subclause (2) but
before the provision’s commencement, this clause applies as if the
references in subclauses (2) and (5) to the commencement of the
empowering provision were references to the commencement of the
provision mentioned in subclause (2) as amended by the empowering
provision.
(8) In the application of this clause to a statutory instrument, a reference
to the enactment of the instrument is a reference to the making of the
instrument.
Part 5 Distance, time and age
Clause 31
Part 5 Distance, time and age
31 Matters relating to distance, time and age
(1) In the measurement of distance for the purposes of this Law, the
distance is to be measured along the shortest road ordinarily used for
travelling.
(2) If a period beginning on a given day, act or event is provided or
allowed for a purpose by this Law, the period is to be calculated by
excluding the day, or the day of the act or event, and—
(a) if the period is expressed to be a specified number of clear days
or at least a specified number of days—by excluding the day on
which the purpose is to be fulfilled; and
(b) in any other case—by including the day on which the purpose is
to be fulfilled.
(3) If the last day of a period provided or allowed by this Law for doing
anything is not a business day in the place in which the thing is to be
or may be done, the thing may be done on the next business day in
the place.
(4) If the last day of a period provided or allowed by this Law for the
filing or registration of a document is a day on which the office is
closed where the filing or registration is to be or may be done, the
document may be filed or registered at the office on the next day that
the office is open.
(5) If no time is provided or allowed for doing anything, the thing is to
be done as soon as possible, and as often as the prescribed occasion
happens.
(6) If, in this Law, there is a reference to time, the reference is, in relation
to the doing of anything in a jurisdiction, a reference to the legal time
in the jurisdiction.
Distance, time and age Part 5
Clause 31
(7) For the purposes of this Law, a person attains an age in years at the
beginning of the person’s birthday for the age.
Part 6 Effect of repeal, amendment or expiration
Clause 32
Part 6 Effect of repeal, amendment or
expiration
32 Time of Law ceasing to have effect
If a provision of this Law is expressed—
(a) to expire on a specified day; or
(b) to remain or continue in force, or otherwise have effect, until a
specified day;
this provision has effect until the last moment of the specified day.
33 Repealed Law provisions not revived
If a provision of this Law is repealed or amended by a Queensland
Act, or a provision of a Queensland Act, the provision is not revived
merely because the Queensland Act or the provision of the
Queensland Act—
(a) is later repealed or amended; or
(b) later expires.
34 Saving of operation of repealed Law provisions
(1) The repeal, amendment or expiry of a provision of this Law does
not—
(a) revive anything not in force or existing at the time the repeal,
amendment or expiry takes effect; or
(b) affect the previous operation of the provision or anything
suffered, done or begun under the provision; or
(c) affect a right, privilege or liability acquired, accrued or incurred
under the provision; or
(d) affect a penalty incurred in relation to an offence arising under
the provision; or
Effect of repeal, amendment or expiration Part 6
Clause 35
(e) affect an investigation, proceeding or remedy in relation to such
a right, privilege, liability or penalty.
(2) Any such penalty may be imposed and enforced, and any such
investigation, proceeding or remedy may be begun, continued or
enforced, as if the provision had not been repealed or amended or had
not expired.
35 Continuance of repealed provisions
If a Queensland Act repeals some provisions of this Law and enacts
new provisions in substitution for the repealed provisions, the
repealed provisions continue in force until the new provisions
commence.
36 Law and amending Acts to be read as one
This Law and all Queensland Acts amending this Law are to be read
as one.
Part 7 Instruments under Law
Clause 37
Part 7 Instruments under Law
37 Schedule applies to statutory instruments
(1) This Schedule applies to a statutory instrument, and to things that may
be done or are required to be done under a statutory instrument, in the
same way as it applies to this Law, and things that may be done or are
required to be done under this Law, except so far as the context or
subject matter otherwise indicates or requires.
(2) The fact that a provision of this Schedule refers to this Law and not
also to a statutory instrument does not, by itself, indicate that the
provision is intended to apply only to this Law.