3Objects

3 Objects (1) The main object of this Act is to make legislation more accessible. (2) This is to be achieved particularly by— (a) encouraging access to legislation through the internet, while maintaining access to printed legislation; and (b) restating the law dealing with the ‘life cycle’ of legislation, improving its structure and content, and simplifying its provisions where practicable; and (c) assisting users of legislation to find, read, understand and use legislation by— (i) facilitating the shortening and simplification of legislation; and (ii) promoting consistency in the form and language of legislation; and (iii) providing rules about the interpretation of legislation; and (iv) facilitating the updating and republication of legislation to ensure its ready availability. (3) For this section, the ‘life cycle’ of legislation includes the making (where relevant), notification, commencement, presentation and disallowance (where relevant), operation, interpretation, proof, republication, amendment and repeal of legislation and instruments made under legislation.

4 Application of Act (1) This Act applies to all Acts (including this Act) and statutory instruments. (2) In particular, Acts and statutory instruments are taken to be made on the basis that they will operate in conjunction with this Act. 1 An Act imposes an obligation and provides that people who ‘fail’ to carry out the obligation are liable to the penalty. The Act does not, however, define ‘fail’ or indicate that the word is used in a special way. In accordance with this Act, dictionary, pt 1 (see s 144), the word ‘fail’ includes ‘refuse’. In other words, a person who refuses to carry out the obligation will be subject to the penalty in the same way as someone who only neglects the obligation. In this case, the presence in an Act of a word that is defined in this Act attracts the operation of the definition in the dictionary. 2 The XYZ Act 2001 contains the following provision: The Minister may determine fees for this Act. Because the XYZ Act authorises a fee to be determined ‘for this Act’, this Act, s 56 applies and therefore the provisions of pt 6.3 (Making of certain statutory instruments about fees) apply to the determination of fees under the provision. In this case, the operation of provisions of this Act is attracted because the XYZ Act 2001 contains a provision that triggers the application of the part. Note The determination of a fee by a Minister under an Act is a disallowable instrument and must be in writing (see s 9 (1) (b) and s 42 (2)). 5 Determinative and non-determinative provisions (1) This Act consists of determinative and non-determinative provisions. (2) A determinative provision is a provision of this Act that is declared to be a determinative provision. Section 4 (3) provides that s 4 is a determinative provision.

(3) A non-determinative provision is any other provision of this Act. Section 3 does not contain a provision corresponding to s 4 (3). Therefore, s 3 is not a determinative provision.