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 Parliament 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; and
(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; and
(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,
or both; or
(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 or duty.
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 of the Commonwealth.
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; and
(b) a section, clause, subclause, item, column, table or form of or in
a Schedule to this Law or the Act; and
(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; and
(b) repeal by implication; and
(c) abrogate or limit the effect of this Law or the instrument
concerned; and
(d) exclude from, or include in, the application of this Law or the
instrument concerned any person, subject matter or
circumstance.
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.
year, without specifying the type of year, means calendar year.
(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.
14 Meaning of ‘may’ and ‘must’
(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 section 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 section has effect in relation to a statutory 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
jurisdiction; and
(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 Chapter, Part, section or Schedule by a number and without
reference to this Law—the reference is a reference to the
Chapter, 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
(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 Exercise of statutory functions
(1) If this Law confers a function on a person or body, the function may
be exercised from time to time as occasion requires.
(2) If this Law confers a function on a particular officer or the holder of
a particular office, the function may be exercised by the person for
the time being occupying or acting in the office concerned.
(3) If this Law confers a function on a body (whether or not
incorporated), the exercise of the function 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
decision; and
(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.
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.
(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.
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