77Repeal and saving

##### 77. Repeal and saving (1) The *Interpretation Act 1918* is repealed. (2) Notwithstanding subsection (1), section 11 of the *Interpretation Act 1918* shall continue to apply to Acts passed before the commencement of this Act 1. (3) The enactment of a provision of this Act that is expressed to apply to Acts or subsidiary legislation passed or made after the commencement of this Act shall not be presumed to have amended the law so as to affect the construction of any Act or subsidiary legislation passed or made before such enactment. (4) Notwithstanding subsection (1), section 47(2) of the *Interpretation Act 1918* and the Second Schedule to that Act shall continue to apply to any Act to which that section applied immediately before the commencement of this Act 4. ![dline]() Notes This is a compilation of the *Interpretation Act 1984* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Interpretation Act 1984* | 12 of 1984 | 31 May 1984 | 1 Jul 1984 (see s. 2) | | *Acts Amendment (Financial Administration and Audit) Act 1985* s. 3 | 98 of 1985 | 4 Dec 1985 | 1 Jul 1986 (see s. 2 and *Gazette* 30 Jun 1986 p. 2255) | | *Acts Amendment (Public Service) Act 1987* s. 32 | 113 of 1987 | 31 Dec 1987 | 16 Mar 1988 (see s. 2 and *Gazette* 16 Mar 1988 p. 813) | | *Acts Amendment (Children’s Court) Act 1988* Pt. 3 | 49 of 1988 | 22 Dec 1988 | 1 Dec 1989 (see s. 2 and *Gazette* 24 Nov 1989 p. 4327) | | *Corporations (Western Australia) Act 1990* s. 97 | 105 of 1990 | 2 Jan 1991 | 1 Jan 1991 (see s. 2) | | *Children’s Court of Western Australia Amendment Act (No. 2) 1991* s. 21 | 15 of 1991 | 21 Jun 1991 | 9 Aug 1991 (see s. 2(2) and *Gazette* 9 Aug 1991 p. 4101) | | *Financial Institutions (Western Australia) Act 1992* s. 21 | 30 of 1992 | 19 Jun 1992 | 1 Jul 1992 (see s. 2 and *Gazette* 26 Jun 1992 p. 2643) | | **Reprint of the *Interpretation Act 1984* as at 4 Nov 1992** (includes amendments listed above) | | | | | *Financial Administration Legislation Amendment Act 1993* s. 11 | 6 of 1993 | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) | | *Acts Amendment (Public Sector Management) Act 1994* s. 15 | 32 of 1994 | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and *Gazette* 30 Sep 1994 p. 4948) | | *Statutes (Repeals and Minor Amendments) Act 1994* s. 4 | 73 of 1994 | 9 Dec 1994 | 9 Dec 1994 (see s. 2) | | *Interpretation Amendment (Australia Acts) Act 1994* | 85 of 1994 | 20 Dec 1994 | 3 Mar 1986 (see s. 2 and *Gazette* 28 Feb 1986 p. 683) | | *Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994* s. 15 | 92 of 1994 | 23 Dec 1994 | 1 Jan 1995 (see s. 2(1) and *Gazette* 30 Dec 1994 p. 7211) | | *Sentencing (Consequential Provisions) Act 1995* Pt. 41 | 78 of 1995 | 16 Jan 1996 | 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) | | **Reprint of the *Interpretation Act 1984* as at 15 Mar 1996** (includes amendments listed above except those in the *Sentencing (Consequential Provisions) Act 1995*) | | | | | *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) | | *Acts Amendment (Auxiliary Judges) Act 1997* Pt. 3 | 23 of 1997 | 18 Sep 1997 | 18 Sep 1997 (see s. 2) | | *Acts Amendment and Repeal (Family Court) Act 1997* s. 33 | 41 of 1997 | 9 Dec 1997 | 26 Sep 1998 (see s. 2 and *Gazette* 25 Sep 1998 p. 5295) | | *Sunday Observance Laws Amendment and Repeal Act 1997* s. 4 5 | 49 of 1997 | 10 Dec 1997 | 10 Dec 1997 (see s. 2) | | *Interpretation Amendment Act 1997* | 54 of 1997 | 12 Dec 1997 | 12 Dec 1997 (see s. 2) | | *Statutes (Repeals and Minor Amendments) Act (No. 2) 1998* s. 40 | 10 of 1998 | 30 Apr 1998 | 30 Apr 1998 (see s. 2(1)) | | **Reprint of the *Interpretation Act 1984* as at 1 Jan 1999** (includes amendments listed above) | | | | | *Acts Amendment and Repeal (Financial Sector Reform) Act 1999* s. 89 | 26 of 1999 | 29 Jun 1999 | 1 Jul 1999 (see s. 2(1) and *Gazette* 30 Jun 1999 p. 2905) | | *Statutes (Repeals and Minor Amendments) Act 2000* s. 19 | 24 of 2000 | 4 Jul 2000 | 4 Jul 2000 (see s. 2) | | *Acts Amendment (Lesbian and Gay Law Reform) Act 2002* Pt. 14 | 3 of 2002 | 17 Apr 2002 | 21 Sep 2002 (see s. 2 and *Gazette* 20 Sep 2002 p. 4693) | | *Taxation Administration (Consequential Provisions) Act 2002* s. 16 | 45 of 2002 | 20 Mar 2003 | 1 Jul 2003 (see s. 2(1) and *Gazette* 27 Jun 2003 p. 2383) | | *Statutes (Repeals and Minor Amendments) Act 2003* s. 69 | 74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) | | **Reprint 4: The *Interpretation Act 1984* as at 6 Feb 2004** (includes amendments listed above) | | | | | *Criminal Code Amendment Act 2004* s. 58 | 4 of 2004 | 23 Apr 2004 | 21 May 2004 (see s. 2) | | *Acts Amendment (Court of Appeal) Act 2004* s. 33 | 45 of 2004 | 9 Nov 2004 | 1 Feb 2005 (see s. 2 and *Gazette* 14 Jan 2005 p. 163) | | *State Administrative Tribunal Act 2004* s. 175 | 54 of 2004 | 23 Nov 2004 | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129) | | *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) | | *Criminal Law Amendment (Simple Offences) Act 2004* s. 36(12) | 70 of 2004 | 8 Dec 2004 | 31 May 2005 (see s. 2 and *Gazette* 14 Jan 2005 p. 163) | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 78 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | | **Reprint 5: The *Interpretation Act 1984* as at 12 Aug 2005** (includes amendments listed above) | | | | | *Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005* Pt. 13 | 24 of 2005 | 2 Dec 2005 | 1 Jan 2006 (see s. 2(1) and *Gazette* 23 Dec 2005 p. 6244) | | *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15 | 38 of 2005 | 12 Dec 2005 | 9 Apr 2006 (see s. 2 and *Gazette* 21 Mar 2006 p. 1078) | | *Criminal Investigation (Consequential Provisions) Act 2006* s. 73 | 59 of 2006 | 16 Nov 2006 | 1 Jul 2007 (see s. 2 and *Gazette* 22 Jun 2007 p. 2838) | | *Land Information Authority Act 2006* s. 183 | 60 of 2006 | 16 Nov 2006 | 1 Jan 2007 (see s. 2(1) and *Gazette* 8 Dec 2006 p. 5369) | | *Financial Legislation Amendment and Repeal Act 2006* Sch. 1 cl. 92 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | **Reprint 6: The *Interpretation Act 1984* as at 25 May 2007** (includes amendments listed above except the amendments in the *Criminal Investigation (Consequential Provisions) Act 2006*) | | | | | *Criminal Law Amendment (Homicide) Act 2008* s. 35 | 29 of 2008 | 27 Jun 2008 | 1 Aug 2008 (see s. 2(d) and *Gazette* 22 Jul 2008 p. 3353) | | *Surrogacy Act 2008* Pt. 4 Div. 6 | 47 of 2008 | 10 Dec 2008 | 1 Mar 2009 (see s. 2(b) and *Gazette* 27 Feb 2009 p. 512) | | *Acts Amendment (Bankruptcy) Act 2009* Pt. 2 | 18 of 2009 | 16 Sep 2009 | 17 Sep 2009 (see s. 2(b)) | | *Interpretation and Reprints Amendment Act 2010* Pt. 2 | 31 of 2010 | 25 Aug 2010 | 26 Aug 2010 (see s. 2(b)) | | *Public Sector Reform Act 2010* s. 78 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) | | **Reprint 7: The *Interpretation Act 1984* as at 21 Jan 2011** (includes amendments listed above) | | | | | *Statutes (Repeals and Minor Amendments) Act 2014* s. 27 | 17 of 2014 | 2 Jul 2014 | 6 Sep 2014 (see s. 2(b) and *Gazette* 5 Sep 2014 p. 3213) | | *Local Government Legislation Amendment Act 2016* Pt. 3 Div. 19 | 26 of 2016 | 21 Sep 2016 | 21 Jan 2017 (see s. 2(b) and *Gazette* 20 Jan 2017 p. 648) | | *COVID‑19 Response and Economic Recovery Omnibus Act 2020* Pt. 6 Div. 5 Subdiv. 1 | 34 of 2020 | 11 Sep 2020 | 12 Sep 2020 (see s. 2(b)) | | *Legislation Act 2021* Pt. 6 Div. 1 | 13 of 2021 | 24 Aug 2021 | 1 Jul 2023 (see s. 2(b) and SL 2023/58 cl. 2) | | *Legal Profession Uniform Law Application Act 2022* Pt. 17 Div. 10 | 9 of 2022 | 14 Apr 2022 | 1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Assisted Reproductive Technology and Surrogacy Act 2025* Pt. 17 Div. 12 | 19 of 2025 | 18 Dec 2025 | To be proclaimed (see s. 2(c)) | Other notes 1 Under s. 77(2), the *Interpretation Act 1918* s. 11 continues to apply to Acts passed before 1 July 1984. Section 11 reads as follows: 11. Exercise of statutory power between passing and coming into operation of an Act or any provision thereof. (1) Where an Act is not to come into operation immediately on the passing thereof, and confers power or will, upon its coming into operation, amend another Act so as to confer power under the other Act as so amended, to make any appointment, to hold any election, to make, grant or issue any instrument that is to say any proclamation, Order in Council, order, warrant, scheme, letters patent, rules, regulations, or by‑laws, to give notices, to prescribe forms, or to do any other thing for the purposes of the Act, the power that is or will be conferred may, unless the Act otherwise provides, be exercised at any time after the passing of the first‑mentioned Act but the exercise of the power does not confer a right or impose an obligation upon a person before the coming into operation of the first‑mentioned Act except in so far as is necessary or expedient for the purpose of making the first‑mentioned Act fully effective upon its coming into operation or the other Act fully effective when so amended. (2) A power purporting to have been exercised at a time before the date of the coming into operation of the *Interpretation Act Amendment Act 1975* for the purposes of an Act that came into operation before that date, shall be deemed to have been exercised as validly and effectually as it would have been if this section as re‑enacted by the *Interpretation Act Amendment Act 1975* had been in operation at that time. (3) In this section a reference to an Act includes a reference to a provision or provisions of an Act. 2 Now see the *Public Sector Management Act 1994*. 3 Repealed by the *Australian Citizenship (Transitionals and Consequentials) Act 2007* s. 42. Now see the *Australian Citizenship Act 2007.* 4 Under s. 77(4), the *Interpretation Act 1918* s. 47(2) and the Second Schedule continue to apply to Acts passed before 1 July 1984. Section 47 and the Second Schedule read as follows: 47. Sections in Second Schedule may be incorporated in Act by reference. (1) Any of the provisions contained in the sections of the Second Schedule hereto, and distinguished respectively by the letters A, B, C, D, E, F, G, and H, may be incorporated as enactments in any Act by reference to the said Schedule and to the letters distinguishing the said sections respectively. (2) Where in any Act passed before the commencement of this Act reference is made to the sections (distinguished by letters as aforesaid) of the Second Schedule to the *Interpretation Act 1898* or of the Schedule to the *Shortening Ordinance 1853*, such reference shall be deemed to be made to the corresponding sections of the Second Schedule to this Act. **The Second Schedule.** **A.** All informations, complaints, and proceedings in respect of offences against this Act hereby made summarily punishable upon conviction before a Justice or Justices of the Peace in Petty Sessions shall be heard and determined, and the penalties and forfeitures in respect of the same be enforced and appropriated (if not hereinbefore otherwise appropriated) according to the provisions of the *Justices Act 1902*. **B.** The complaint in respect of an offence against this Act shall be made and the proceedings commenced within one month after the offence thereby charged shall have been committed. **C.** The complaint in respect of an offence against this Act shall be made and the proceedings commenced within three months after the offence thereby charged shall have been committed. **D.** The complaint in respect of an offence against this Act shall be made and the proceedings commenced within six months after the offence thereby charged shall have been committed. **E.** The complaint in respect of an offence against this Act shall be made and the proceedings commenced within twelve months after the offence thereby charged shall have been committed. **F.** No order, judgment, warrant, or other proceeding made, or purporting to be made under or concerning the conviction of any offender against this Act shall be quashed or vacated for want of form only, or be removed or removable by *certiorari*, or by any writ or process whatsoever into any superior Court of the State. **G.** And, for the protection of persons acting in execution of this Act, where an action is commenced against any one of such persons for anything done under this Act, in every such action the defendant may plead the general issue and give this Act and the special matter in evidence at any trial to be had hereupon, and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court, after such action brought, by, or on behalf of the defendant, together with costs incurred up to that time; and if a verdict shall pass for the defendant or the plaintiff become non‑suited or discontinue such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and have the like remedy for the same as any defendant hath by law in other cases; and, though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the Judge before whom the trial is held shall certify his approbation of the action and of the verdict obtained thereon. **H.** No action shall lie against any Justice of the Peace, Officer of Police, Policeman, Constable, Peace Officer, or any other person in the employ of the Government authorised to carry the provisions of this Act, or any of them, into effect, or any person acting for, or under such persons, or any of them, on account of any act, matter, or thing done, or to be done, or commanded by them, or any of them, in carrying the provisions of this Act into effect again any parties offending or suspected of offending against the same, unless there is direct proof of corruption or malice; and if any such person shall be sued for any act, matter, or thing which he shall have so done, or shall so do, in carrying the provisions of this Act into effect, he may plead the general issue and give the special matter in evidence; and in case of judgment after verdict, or by a Judge sitting as a jury, or on demurrer being given for the defendant, or of the plaintiff discontinuing, or becoming non‑suit in any such action, the Court before which the action was brought may award treble costs to the defendant or such portion of those costs as the Court thinks fit. 5 The *Sunday Observance Laws Amendment and Repeal Act 1997* s. 4(2) is a transitional provision that is of no further effect. Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** act 5 Act 5 Act of the Commonwealth 5 affidavit 5 alternative offence 5 amend 5 ASIC Law 5 ASIC Regulations 5 association 54(2) Auditor General 5 Australia 5 Australia Acts 5 bank holiday 5 bankrupt and bankrupt or a person whose affairs are under insolvency laws 5 book 5 British possession 5 by-law 5 cause 52(2) chief executive officer 5 Children’s Court 5 commencement 5 Commissioner of State Revenue 5 Commonwealth 5 Commonwealth Act 5, 13(1) Consolidated Account 5 contravene 5 Corporations Law 5 Corporations Regulations 5 Court of Appeal 5 court of summary jurisdiction 5 Crown 5 death 5 de facto partner 5 de facto relationship 5 definition 5 District Court 5 District Court judge 5 document 5 enactment 5 estate 5 excluded day 61(2) Family Court 5 Family Court of Western Australia 5 fee 45A(4) financial year 5 first person 13A(5) function 5 Gazette 5 Government 5 Government Gazette 5 Government Printer 5 Governor 5 Her Majesty 5 His Majesty 5 Imperial Act 5 indictable offence 5 individual 5 issue 45A(4) JP 5 judge 5 justice 5 justice of the peace 5 King 5 land 5 law of the State 13(1) lawyer 5 legal practitioner 5 licence 45A(4) local government 5 local government district 5, 13CA(1) local law 5 magistrate 5 Magistrates Court 5 may 56(1) Minister 5 Minister for Public Sector Management 5 month 5, 62(1) oath 5 or 17 other 17 otherwise 17 paragraph 15A(1) parent 5 Parliament 5 penalty 5 perform 5 person 5 police officer 5 power 5 prescribed 5 proclamation 5 publication 5 public half-holiday 5 public holiday 5 Public Sector Commissioner 5 Public Service 5 public service holiday 5 public service officer 5 Queen 5 regional local government 5 regional subsidiary 5 regulation 5 regulations 42(8) repeal 5 Royal Assent 5 rule 5 rules of court 5, 66(1) sell 5 shall 56(2) sign 5 simple offence 5 sitting days 5 specified 43(9) spouse 5 Standards Australia 5 State 5 State Administrative Tribunal 5 statutory declaration 5 subsidiary legislation 5 summary conviction 5 summary conviction penalty 5 Supreme Court 5 swear 5 Territory 5 the Act 44(2) the State 5 this State 5 under 5 United Kingdom 5 Valuer-General 5 WA legislation website 5 will 5 words 5 writing 5 written law 5 year 5 This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: ROGER JACOBS, Acting Government Printer