Sets the official clocks for New South Wales, Broken Hill and Lord Howe Island by tying standard time to Coordinated Universal Time (UTC), defines the yearly summer‑time (daylight saving) period and how time references in laws and contracts are to be read. The Governor may alter local offsets by Gazette order. This matters for governments, businesses, courts and anyone using time‑stamped obligations: it determines who decides local time, creates administrative steps to change offsets, and changes how deadlines and schedules are calculated.
This Act fixes the legal standard time and summer time for New South Wales, prescribes how references to times in legal instruments are to be construed, and gives executive power to alter time for certain areas by order. The statutory scheme sets New South Wales standard time at UTC+10 hours (s 3), while creating two territorial exceptions with special arrangements: Broken Hill (the County of Yancowinna) and Lord Howe Island (ss 4-5). Those exceptions have default offsets that differ from the State baseline, and the Governor may, by Gazette order, specify different offsets for those places (ss 4(2), 5(2)). The Act also fixes summer time as an advance on the applicable standard time during a defined summer time period (s 7), with separate rules for Broken Hill and Lord Howe Island and a definable summer time period subject to regulation (s 2A; ss 8-9).
The Act supplies interpretive rules for the construction of time references in all legal instruments. A reference to a time is to be read as the standard time fixed for the place where the act or omission occurs, or otherwise as New South Wales standard time, with the operation extended to instruments made before the time was fixed (s 6). During a summer time period, references to standard time are read as references to summer time as fixed under Part 3 (s 10). The Act declares that nothing in Part 3 affects the use of standard time fixed under Part 2 for astronomy, meteorology or navigation, and treats an order under the Act as if it amended the Act for the purposes of section 30 of the Interpretation Act 1987 (s 11).
Regulation-making power for matters necessary to carry out the Act is vested in the Governor (s 13). The Act repeals the earlier Standard Time Act 1971 and contains transitional savings that make retrospective construction apply to legal instruments made before relevant amendments (s 12). The definition of key terms is in s 2, which links the Act’s UTC reference to the Commonwealth National Measurement Act 1960 via s 8AA of that Act. The Act does not itself create penalty provisions or an administrative enforcement regime; its operative effects are primarily interpretive, definitional and discretionary via Governor’s orders.
Current sections
Direct links to the current provisions in Standard Time Act 1987.
Co-ordinated Universal Time means Co-ordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures and maintained under section 8AA of the National Measurement Act 1960 of the Commonwealth.
legal instrument means:
(a) an Act (including this Act),
(b) a regulation, ordinance, rule, by-law, proclamation, order, notice, notification or other instrument made under an Act (including this Act),
(c) any contract or agreement (whether oral or in writing or both), or
(d) any deed or other instrument having legal effect.
New South Wales standard time means standard time as fixed by section 3.
New South Wales summer time means summer time as fixed by section 7.
summer time period—see section 2A.
s 2: Am 1989 No 1, sec 3; 1995 No 31, sec 3; 2005 No 7, Sch 1 [1]; 2005 No 71, Sch 1 [1].
2A
Summer time period—definition
2A Summer time period—definition
2A Summer time period—definition
(1) In this Act, summer time period means:
(a) a period starting at 2 am on the first Sunday in October in each year and ending at 2 am on the first Sunday in the following April, or
(b) if a summer time period is prescribed by the regulations—that prescribed period.
(2) Despite subsection (1), the summer time period commencing in the year 2007 is taken to be the period starting at 2 am on Sunday 28 October 2007 and ending at 2 am on Sunday 6 April 2008.
s 2A: Ins 2005 No 71, Sch 1 [2]. Am 2007 No 44, Sch 1 [1] [2].
Part 2
Standard time
Part 2 Standard time
Part 2 Standard time
3
Standard time in New South Wales (except certain areas)
3 Standard time in New South Wales (except certain areas)
3 Standard time in New South Wales (except certain areas)
(1) Standard time in New South Wales is 10 hours in advance of Co-ordinated Universal Time.
(2) This section does not apply to Broken Hill or Lord Howe Island.
s 3: Subst 2005 No 7, Sch 1 [2].
4
Standard time in Broken Hill
4 Standard time in Broken Hill
4 Standard time in Broken Hill
(1) Standard time in Broken Hill is:
(a) if an order under this section is not in force—9 hours and 30 minutes in advance of Co-ordinated Universal Time, or
(b) if such an order is in force—the time in advance of Co-ordinated Universal Time specified in the order as the standard time for Broken Hill.
(2) The Governor may, by order published in the Gazette, specify as standard time for Broken Hill the time in advance of Co-ordinated Universal Time specified in the order.
s 4: Subst 2005 No 7, Sch 1 [3].
5
Standard time in Lord Howe Island
5 Standard time in Lord Howe Island
5 Standard time in Lord Howe Island
(1) Standard time in Lord Howe Island is:
(a) if an order under this section is not in force—10 hours and 30 minutes in advance of Co-ordinated Universal Time, or
(b) if such an order is in force—the time in advance of Co-ordinated Universal Time specified in the order as the standard time for Lord Howe Island.
(2) The Governor may, by order published in the Gazette, specify as standard time for Lord Howe Island the time in advance of Co-ordinated Universal Time specified in the order.
s 5: Subst 2005 No 7, Sch 1 [4].
6
Construction of references to time (standard time)
6 Construction of references to time (standard time)
6 Construction of references to time (standard time)
(1) A reference (express or implied) in any legal instrument to any time or period of time shall be construed:
(a) in relation to an act or omission that occurs, or a state of affairs that exists, at a particular place:
(i) as a reference to standard time, as fixed by or under this Part, in that place, or
(ii) as a reference to that period as determined by reference to that standard time, and
(b) except as provided by paragraph (a):
(i) as a reference to New South Wales standard time, or
(ii) as a reference to that period as determined by reference to New South Wales standard time.
(2) Subsection (1) does not apply to a reference to a time or period of time that is expressly required by the legal instrument in which the reference occurs or by any other legal instrument to be construed in some other way.
(3) This section applies to a legal instrument even though it was made before the appropriate standard time was fixed by or under this Part.
Part 3
Daylight saving
Part 3 Daylight saving
Part 3 Daylight saving
7
Summer time in New South Wales (except certain areas)
7 Summer time in New South Wales (except certain areas)
7 Summer time in New South Wales (except certain areas)
(1) During a summer time period, summer time in New South Wales is one hour in advance of New South Wales standard time.
(2) This section does not apply to Broken Hill or Lord Howe Island.
8
Summer time in Broken Hill
8 Summer time in Broken Hill
8 Summer time in Broken Hill
(1) During a summer time period, summer time in Broken Hill is:
(a) if an order under this section is not in force, one hour in advance of standard time as fixed for Broken Hill by or under section 4, or
(b) if such an order is in force—the time specified in the order as summer time for Broken Hill.
(2) The Governor may, by order published in the Gazette, specify as summer time for Broken Hill such time as the Governor thinks fit.
9
Summer time in Lord Howe Island
9 Summer time in Lord Howe Island
9 Summer time in Lord Howe Island
(1) During a summer time period, summer time in Lord Howe Island is:
(a) if an order under this section is not in force, 30 minutes in advance of standard time as fixed for Lord Howe Island by or under section 5, or
(b) if such an order is in force—the time specified in the order as summer time for Lord Howe Island.
(2) The Governor may, by order published in the Gazette, specify as summer time for Lord Howe Island such time as the Governor thinks fit.
s 9: Am 2005 No 71, Sch 1 [3].
10
Construction of references to time (summer time)
10 Construction of references to time (summer time)
10 Construction of references to time (summer time)
In section 6:
(a) a reference to standard time shall, in respect of a summer time period, be construed as a reference to the appropriate summer time as fixed by or under this Part, and
(b) a reference to New South Wales standard time shall, in respect of a summer time period, be construed as a reference to New South Wales summer time.
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
11
Savings
11 Savings
11 Savings
(1) Nothing in Part 3 affects:
(a) the use of standard time, as fixed by or under Part 2, for the purposes of astronomy, meteorology or navigation, or
(b) the construction of any document mentioning or referring to a point of time in connection with any of those purposes.
(2) For the purposes of section 30 of the Interpretation Act 1987, an order under this Act shall be regarded as amending this Act.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
s 13: Ins 2005 No 71, Sch 1 [4].
Source text
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Standard Time Act 1987.
2 Definitions
2 Definitions
2 Definitions
In this Act:
Broken Hill means the County of Yancowinna.
Co-ordinated Universal Time means Co-ordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures and maintained under section 8AA of the National Measurement Act 1960 of the Commonwealth.
legal instrument means:
(a) an Act (including this Act),
(b) a regulation, ordinance, rule, by-law, proclamation, order, notice, notification or other instrument made under an Act (including this Act),
(c) any contract or agreement (whether oral or in writing or both), or
(d) any deed or other instrument having legal effect.
New South Wales standard time means standard time as fixed by section 3.
New South Wales summer time means summer time as fixed by section 7.
summer time period—see section 2A.
s 2: Am 1989 No 1, sec 3; 1995 No 31, sec 3; 2005 No 7, Sch 1 [1]; 2005 No 71, Sch 1 [1].
2A Summer time period—definition
2A Summer time period—definition
2A Summer time period—definition
(1) In this Act, summer time period means:
(a) a period starting at 2 am on the first Sunday in October in each year and ending at 2 am on the first Sunday in the following April, or
(b) if a summer time period is prescribed by the regulations—that prescribed period.
(2) Despite subsection (1), the summer time period commencing in the year 2007 is taken to be the period starting at 2 am on Sunday 28 October 2007 and ending at 2 am on Sunday 6 April 2008.
s 2A: Ins 2005 No 71, Sch 1 [2]. Am 2007 No 44, Sch 1 [1] [2].
Main concepts
The Act organises time law around six core concepts: standard time, New South Wales standard time, territorial exceptions, summer time, summer time period, and legal construction of time references. Each concept is defined or fixed in the provisions listed below.
Standard time and New South Wales standard time. New South Wales standard time is fixed as 10 hours in advance of Co-ordinated Universal Time, abbreviated in the text as Co-ordinated Universal Time and linked to the International Bureau of Weights and Measures under the National Measurement Act 1960, s 8AA (definitions in s 2; s 3). The text uses UTC as the baseline reference point rather than a local observatory or an undefined “local time”.
Territorial exceptions. Broken Hill and Lord Howe Island are treated separately. Broken Hill’s default standard time is UTC+9:30, and Lord Howe Island’s default standard time is UTC+10:30 (ss 4(1)(a) and 5(1)(a)). In each case the Governor may, by order published in the Gazette, specify a different time for that place (ss 4(2), 5(2)). Those orders, when made, replace the default in the relevant place.
Summer time and summer time period. Summer time is defined as one hour in advance of the applicable New South Wales standard time during the summer time period (s 7). For Broken Hill the default summer advance is one hour on the broken-hill standard, though the Governor can specify a different time by order (s 8). Lord Howe Island’s default summer time is 30 minutes in advance of its standard time, with the Governor able to specify an alternative by order (s 9). The general statutory default summer time period runs from 2 am on the first Sunday in October to 2 am on the first Sunday in April, unless regulations prescribe a different period (s 2A(1)). The Act contains a single transitional specification for the 2007-08 period (s 2A(2)).
Construction of time references across legal instruments. Section 6 prescribes how courts, tribunals, and decision makers are to read references to times in legal instruments: where an act or omission occurs at a particular place, references are to be read as the standard time applicable in that place; otherwise references are to be read as New South Wales standard time. Section 6(2) preserves express contrary directions in the instrument. Section 10 says that in a summer time period a reference to standard time is to be construed as a reference to the relevant summer time.
Executive and regulatory discretions. The Governor has power to make orders altering standard and summer time for the two territorial exceptions (ss 4(2), 5(2), 8(2), 9(2)). The Governor may also make regulations, not inconsistent with the Act, for matters required or convenient for giving effect to the Act (s 13). Orders under the Act are to be regarded as amending the Act for the purposes of Interpretation Act 1987 s 30 (s 11(2)), which affects publication and parliamentary processes tied to the Interpretation Act.
These concepts interact to produce a scheme where statutory defaults exist, but where specific local variation is available through executive order and where construction rules can alter the interpretation of older instruments. The Act ties its temporal reference to the Commonwealth’s maintenance of UTC, so the technical baseline is external to the State statute and anchored in the National Measurement Act 1960 (definition in s 2).
Who it affects
The Act affects a broad set of decision makers, institutions, commercial parties and individuals whose documents, operations or activities depend on an authoritative legal time reference. The affected actors and the manner in which the Act touches them are set out below, with statutory cross-references.
Executive branch. The Governor gains the specific decision power to change standard time for Broken Hill and Lord Howe Island (ss 4(2), 5(2)). The executive also makes regulations under s 13, including the power to prescribe a summer time period alternative to the statutory default in s 2A(1).
Courts, tribunals and decision-makers. Section 6 imposes a statutory construction rule: courts and tribunals must treat an express or implied reference to a time in a legal instrument as a reference to the applicable standard time based on place, or otherwise to New South Wales standard time. That construction rule is a statutory rule of interpretation that will be applied in litigation about deadlines, limitation periods, notice windows, triggering events and similar time-dependent provisions.
Private contracting parties. The Act’s definition of “legal instrument” in s 2 explicitly extends to contracts, agreements, deeds and other instruments having legal effect. Therefore ordinary commercial contracts that refer to times or deadlines and which do not specify the time zone will be read according to the statutory construction rules in s 6 and, where relevant, s 10. Contract drafters and contracting parties are affected because the statutory default can override an ambiguous time reference, and because an order by the Governor can change the local standard time for Broken Hill or Lord Howe Island and so alter the contextual meaning of time references.
Employers, payroll and timekeeping systems. The Act changes the legal baseline for hours, rosters, incident reporting times and payment cuts when statutory time changes occur, and s 6(3) makes clear that the construction rules apply even to instruments made before the standard time was fixed under Part 2. Technology systems, time-stamping, and payroll calculations that rely on legal time may therefore require configuration changes.
Transport, broadcasting and public service schedules. Entities that operate timetables or schedules across jurisdictions must account for differing offsets and summer time rules in Broken Hill, Lord Howe Island and the rest of New South Wales. The Act’s separate provisions for territorial exceptions and the Governor’s power to change local time by order (ss 4-5, 8-9) create a need to monitor Gazette notices.
Scientific communities and navigation services. The Act expressly preserves the use of Part 2 standard time for astronomy, meteorology and navigation (s 11(1)(a)-(b)). Those fields are therefore affected only insofar as their conventions reference statutory standard time, but the statute protects existing practices from being displaced by the summer time regime (Part 3).
Regulatory and compliance functions. Agencies and legal advisers responsible for regulatory compliance must note that orders under the Act are to be regarded as amending the Act for the purposes of s 30 of the Interpretation Act 1987 (s 11(2)). That statutory cross-reference may bear on publication, commencement and parliamentary scrutiny steps.
Local communities in Broken Hill and Lord Howe Island. The Act treats these communities as distinct for time purposes, with tailored defaults and a mechanism for local variation by executive order (ss 4-5, 8-9). Residents, businesses and service providers in those localities are directly affected by any Governor orders.
The Act contains no express enforcement or penalty provisions; its effects are primarily interpretive and administrative. The immediate “deciders” who change the legal time are the Governor for specified orders and the Governor or delegated authority for regulations, while the “payers” of adjustment costs are private parties, businesses, systems integrators and possibly courts and public agencies who must adapt to the statutory defaults, orders, or any regulatory prescription of a different summer time period.
Key duties and rights
The Act does not create a new catalogue of criminal or civil obligations with specified sanctions, but it does impose duties of statutory construction and confer decision rights. The principal duties and rights are the following.
Statutory construction duty. Section 6 imposes an interpretive duty on all decision-makers tasked with construing legal instruments. Where an act or omission occurs at a particular place, the reference is to the standard time fixed for that place and to periods determined by reference to that standard time (s 6(1)(a)(i)-(ii)). Otherwise, references are to New South Wales standard time (s 6(1)(b)). Section 6(2) preserves any express contrary requirement in the instrument itself. The duty in s 6(3) applies the rule even to instruments made before the appropriate standard time was fixed by the Act. Practitioners interpreting deadlines, notice periods, effective times, limitation periods, and similar time-sensitive legal effects must apply this statutory rule.
Executive right to vary local time. The Governor has the right to make orders, published in the Gazette, specifying the standard time for Broken Hill or Lord Howe Island (ss 4(2), 5(2)). Similarly, the Governor may specify summer time for those localities (ss 8(2), 9(2)). Those rights permit executive modification of the local legal time without further primary legislation, subject to the procedural requirement of publication in the Gazette.
Regulatory power. Section 13 grants the Governor power to make regulations not inconsistent with the Act for any matter required or convenient to carry out the Act. That is a broad subordinate legislative power including, by express text in s 2A(1)(b), the capacity to prescribe a summer time period other than the statutory default. The right to authorise regulations gives the executive a mechanism to vary default dates or other technical details without amending the Act.
Preservation of scientific uses. Section 11(1) protects the use of standard time as fixed by Part 2 for astronomy, meteorology and navigation. The provision limits the effect of Part 3 in respect of those uses, which is a right in the sense of preserving the scientific community’s existing practices from legislative displacement.
Construction during summer time. Section 10 creates the interpretive consequence that a reference to standard time in section 6, during a summer time period, is to be construed as a reference to the appropriate summer time. That is a statutory rule that affects how rights and duties triggered by time references operate during the summer period.
Savings and amendment treatment of orders. Section 11(2) directs that an order made under the Act shall be regarded as amending the Act for purposes of Interpretation Act 1987 s 30. This creates a legal treatment that affects commencement and formal publication consequences that attach to statutory amendments, and thereby the rights of the public to be informed of changes.
There are no penal or enforcement powers in this Act itself. The practical consequences of failure to observe the statute’s construction rules are likely to arise in civil litigation and administrative adjudication where time references are disputed; the Act guides the interpretation rather than specifying new penalties. The primary “duties” therefore lie with those who prepare or construe legal instruments and with the executive authorities that must publish orders and regulations.
Penalties and enforcement
The Act contains no express criminal offences or civil penalty provisions, and it does not establish an administrative enforcement bureau. Its operative mechanisms are interpretive, declaratory and regulatory, so enforcement occurs through the ordinary processes that attach to legal interpretation and regulatory observance.
Absence of specific penalties. The text contains no clause that prescribes a fine, imprisonment, civil penalty, or regulatory sanction for breach of the Act. That absence means the Act itself does not provide a stand-alone enforcement route; instead, parties who fail to comply with time as set out in contracts or statutory obligations will face consequences under the substantive law implicated by the failure, interpreted in light of this Act.
Judicial enforcement by interpretation. The primary enforcement mechanism is the courts and tribunals applying the interpretive rules in s 6 and s 10 to disputes about deadlines, notice periods, limitation periods and other time-sensitive events. Because s 6 applies to legal instruments made before the standard time was fixed (s 6(3)), courts will apply the statutory construction rules retroactively in interpretation disputes. Relief, damages or specific performance arising from missed or incorrect actions will be enforced under the relevant legal regime, with the Act shaping how time is read.
Administrative compliance and regulation. The Governor may make regulations under s 13 to carry out the Act. Regulations may create administrative duties or mechanisms that do have compliance requirements; however, the Act itself requires regulations to be “not inconsistent with this Act.” Any enforcement mechanisms in regulations must therefore be assessed on their own terms when made. The Act provides the power, but does not itself prescribe enforcement models.
Publication and public notice as a compliance device. The Act requires that Governor’s orders be published in the Gazette (ss 4(2), 5(2), 8(2), 9(2)). Section 11(2) requires that for purposes of Interpretation Act 1987 s 30 an order be regarded as amending the Act. Those publication requirements perform a procedural function that supports legal certainty and enables affected parties to learn of changes, thereby reducing disputes caused by ignorance. The Act’s reliance on Gazette publication as the vehicle for executive changes means that monitoring official publication channels is the practical compliance mechanism.
Practical enforcement risks. Because the Act imposes no criminal or civil penalties directly, risk arises through business disruption, litigation costs and potential liability in private law if time-related contractual obligations are breached. The absence of express remedial or administrative enforcement provisions in the Act increases the importance of careful drafting, system configuration and monitoring of Gazette notices and regulations to avoid operational risk.
In short, enforcement is indirect. The Act provides interpretive rules and executive powers that affect legal certainty and operational practice. Remedies for noncompliance with time obligations will be sought under the substantive law applicable to the underlying duty or contract, with courts applying the Act’s construction rules to determine outcomes.
How it interacts with other laws
The Act explicitly cross-references and interacts with other statutory instruments and legal doctrines. The statutory text creates several points of legal interface that affect interpretation, administration and the baseline technical reference for time.
National baseline for UTC. The Act defines Co-ordinated Universal Time by reference to the International Bureau of Weights and Measures and by reference to s 8AA of the National Measurement Act 1960 (definition in s 2). This links the State statute’s baseline to Commonwealth-maintained timekeeping infrastructure, so changes or methods of maintaining UTC at Commonwealth level govern the technical foundation of the State time offsets fixed by the Act.
Interpretation Act interaction. Section 11(2) declares that an order made under this Act shall be regarded as amending the Act for the purposes of section 30 of the Interpretation Act 1987. That matters because the Interpretation Act contains rules about commencement, publication and parliamentary notice for amendments. Treating an order as effecting an amendment means that the formal legal consequences associated with primary legislation amendments under the Interpretation Act will attach to Governor’s orders under this Act.
Pre-existing legal instruments and retrospective construction. Section 6(3) states that the construction rules apply to legal instruments even though the instrument was made before the appropriate standard time was fixed. Section 12(2) further declares that an amendment made by the Standard Time Amendment (Co-ordinated Universal Time) Act 2005 applies to a legal instrument even though the instrument was made before the commencement of that amendment. Those provisions create a statutory interface with existing contracts and instruments by altering the interpretive consequences without necessarily changing the instrument’s text. Courts will therefore read older instruments in light of this Act.
Priority of express contractual specification. Section 6(2) preserves express requirements in the instrument or other legal instruments to the contrary. That means that where statutory construction would place one meaning on a time reference but the instrument expressly provides a different construction, the explicit contractual wording prevails. This interaction underscores the priority of clear contractual drafting where parties want to avoid statutory default interpretation.
Non-displacement of scientific practice. Section 11(1) expressly saves the use of standard time fixed by Part 2 for astronomical, meteorological and navigational purposes and preserves construction of documents mentioning time in connection with those purposes. This provision interacts with professional or statutory regimes governing those fields to ensure that Part 3 summer time does not disrupt their time conventions.
Regulatory consistency requirement. Regulations under s 13 must be “not inconsistent with this Act.” That interaction limits the scope of subordinate legislation and places the Act as the primary statement of policy, while enabling subordinate law to fill in technical details such as prescribing a different summer time period under s 2A(1)(b). Any regulation that attempted to contradict the statutory defaults would be vulnerable to legal challenge for inconsistency.
Repeal of earlier Act. Section 12(1) repeals the Standard Time Act 1971. Transitional provisions in s 12 address how prior amendments apply to pre-existing instruments. The repeal and the transitional savings coordinate changes across legislative epochs.
Overall, the Act forms a node in a web of statutory instruments and common law interpretation. Its key external links are to the National Measurement Act 1960 for technical UTC maintenance, to the Interpretation Act 1987 for amendment and publication mechanics, and to private law through the definition of “legal instrument” and the statutory construction rule in s 6. Those interfaces determine where responsibility for technical calibration, procedural formality and the resolution of disputes will sit.
Amendment history
The Act’s internal annotations record a compact amendment history, which the text itself summarises in marginal notes attached to several sections. The source-provided amendment notes are the only authority used here. The amendment timeline and particulars recorded in the text are as follows.
Repeal of the 1971 Act. Section 12(1) repeals the Standard Time Act 1971, thereby replacing the earlier statutory scheme with the current Act.
2005 amendments. Several substantive changes were made in 2005, recorded in the section notes:
Section 2 shows amendments in 1989, 1995 and two items in 2005: Am 1989 No 1, sec 3; 1995 No 31, sec 3; 2005 No 7, Sch 1 [1]; 2005 No 71, Sch 1 [1].
Section 2A was inserted by 2005 No 71, Sch 1 [2] and later amended in 2007 No 44, Sch 1 [1] [2]; the insertion enshrined the default summer time period and created the capacity for the regulations to prescribe an alternative period.
Section 3 was substituted by 2005 No 7, Sch 1 [2], which establishes New South Wales standard time as UTC+10 and expressly excludes Broken Hill and Lord Howe Island.
Sections 4 and 5 were substituted by 2005 No 7, Sch 1 [3]-[4], which set default time offsets for Broken Hill and Lord Howe Island and preserved Governor’s order powers.
Section 9 was amended by 2005 No 71, Sch 1 [3], affecting Lord Howe Island summer time rules.
Section 11 has an amendment note but the substantive text shows the savings and the Interpretation Act cross-reference; s 12 also contains an amendment note referring to 2005 No 7, Sch 1 [5].
2007 amendment relating to the summer time period. Section 2A(2) records a specific transitional specification for the 2007 summer time period, taking that year’s summer time period to start at 2 am on Sunday 28 October 2007 and end at 2 am on Sunday 6 April 2008. That special provision was inserted or amended by the 2007 instrument noted in the s 2A marginal note.
Other amendment annotations. Several sections include marginal notes that indicate which schedules and items effected the changes. For example, s 13 was inserted by 2005 No 71, Sch 1 [4], indicating the 2005 reforms added or consolidated the Governor’s regulation-making power.
The Act therefore underwent a compact modernisation around 2005, with a specific 2007 transitional tweak to the summer time period. The textual notes in the Act are the only record supplied here of amendments. Practitioners should therefore rely on the Act’s amendment annotations to track the legislative changes indicated in the recorded marginal notes when researching legislative history, and consult the Gazette and primary legislation databases for the full amendment instruments referenced by those marginal notes.
Litigation history
The provided source contains no cases, recorded judicial decisions, or litigation references. The text does not cite any judicial interpretation or litigation outcome. Consequently, there is no litigation history included within this source to report or to apply as precedent.
Because the Act supplies statutory rules of construction that will be applied in disputes about time references in contracts and other legal instruments, litigation is possible in areas such as missed deadlines, notice periods, limitation periods and regulatory compliance. However, any such cases are not included in the statute text provided. Users who require reported case law applying this Act should consult authoritative legal databases and court records outside the statutory text, because the statute itself does not list or summarise judicial treatments.
In the absence of cases in the source, the statute’s interpretive sections, particularly s 6 and s 10, anticipate judicial application by specifying the default rules a court or tribunal must follow when construing time references. Litigation that arises will therefore turn on application of those statutory rules to the facts of particular disputes. The Act’s cross-reference in s 11(2) to Interpretation Act 1987 s 30 may also be engaged in litigation that concerns the effect of a Governor’s order and its publication or commencement effects.
For present purposes, and within the constraint of the provided source, the Act stands without an internal litigation record. Any practitioner seeking precedential application must perform external case-law research.
Gotchas
Several features of the Act create practical pitfalls for drafters, operational managers and decision-makers, because the statute’s defaults and executive discretions can alter the meaning of time references, sometimes in ways that are not intuitive. The principal “gotchas” to watch are these.
Location-based construction overrides an assumed statewide baseline. Section 6(1)(a) requires that a reference to time for an act or omission occurring at a particular place be construed as a reference to the standard time fixed for that place. That means a contract that is silent about time zone but contemplates acts happening in different NSW localities may be interpreted differently for different places. The effect is not uniform statewide; Broken Hill and Lord Howe Island have distinct defaults (ss 4-5), and a Governor’s order can change those defaults. Drafters who assume a single State time may be surprised by divergent constructions.
Half-hour offsets produce non-intuitive clock times. Broken Hill’s default standard time is UTC+9:30 and Lord Howe Island’s default standard time is UTC+10:30 (ss 4(1)(a), 5(1)(a)). Lord Howe Island’s summer adjustment is only 30 minutes default (s 9(1)(a)), while Broken Hill’s is one hour (s 8(1)(a)). These half-hour and non-uniform offsets complicate scheduling, transport links and IT systems, particularly where software assumes whole-hour offsets.
Executive orders can change the local legal time without parliamentary amendment. The Governor may specify different times for Broken Hill and Lord Howe Island by order published in the Gazette (ss 4(2), 5(2), 8(2), 9(2)). Section 11(2) treats such orders as amending the Act for Interpretation Act 1987 s 30 purposes. A Governor’s order therefore changes the legal baseline for affected localities without a new Act, creating a monitoring burden for parties dependent on stable legal time.
The statutory default summer time period may be displaced by regulation. Section 2A provides a default summer time period but allows the regulations to prescribe a different period. A regulation that prescribes a different summer time period will alter when s 7 and related provisions apply. Because regulations are likely to be subordinate instruments that can be made more swiftly than primary legislation, parties must monitor regulatory instruments as closely as they monitor Gazette orders.
Retroactive construction to pre-existing instruments. Section 6(3) makes the construction rule apply to instruments made before the appropriate standard time was fixed. Section 12(2) also states that a 2005 amendment applies to legal instruments made before the amendment commenced. Those provisions mean that textual silence in older contracts can have their interpreted meaning shifted by the Act, increasing litigation risk for legacy agreements.
Express contractual language beats the statutory default. Section 6(2) preserves express contrary requirements in the instrument. This is a key drafting defence: specify the time standard or UTC explicitly in contracts to avoid statutory default interpretation. The practical hazard is when parties assume that saying “local time” or “Sydney time” is sufficient; the statutory rule may override such phrases unless the instrument expressly dictates otherwise.
Scientific and navigation exceptions must be managed separately. Section 11(1) preserves the use of Part 2 standard time for astronomy, meteorology and navigation. Entities in those fields must continue to apply the preserved standards even as summer time or local orders alter civic time. Confusion can arise if operational documents conflate statutory summer time with the scientific standard that the Act explicitly protects.
Publication obligations are the proximate source of notice. Orders must be published in the Gazette (ss 4(2), 5(2), 8(2), 9(2)), and s 11(2) links orders to Interpretation Act processes. A failure to monitor official publications can leave a business unaware of a change that affects obligations. Systems for monitoring the Gazette and the regulations are therefore practical compliance necessities.
No express penalties or enforcement mechanisms in the Act. The Act provides interpretive rules rather than enforcement tools. That absence is a compliance risk: parties cannot rely on administrative enforcement under this Act to correct or penalise time-related failures; instead disputes will be resolved under other statutory or contractual regimes, interpreted in light of this Act.
In practice, the cumulative effect is that parties must be explicit about the time standard they intend to apply, monitor Gazette and regulatory instruments for changes to local times and summer period prescriptions, and ensure IT and operational systems can handle half-hour offsets and non-uniform summer adjustments.
How to comply
Compliance under this Act is chiefly preventive and interpretive. Because the Act effects interpretation and confers executive powers, the compliance programme should combine contract drafting hygiene, operational controls, monitoring of official publications, and technical configuration of systems. The following checklist translates the statute into actionable steps, with section references where relevant.
Specify time standards in all new contracts and instruments. To avoid the statutory default interpretation under s 6, include an express provision specifying the applicable time standard or the reference system, for example “All times are to be construed as Co-ordinated Universal Time (UTC)” or “All times are to be construed as New South Wales standard time (UTC+10)”, and make clear whether the parties intend summer time adjustments to apply. Section 6(2) preserves express contractual directions, so express language will displace unintended statutory effects.
Audit legacy agreements for ambiguous time references. Identify contracts and deeds that use terms such as “local time”, “state time”, “Sydney time”, or that give specific times without specifying a time zone. Because s 6(3) applies the construction rule even to instruments made before the standard time was fixed, ambiguous legacy references may be read under the statutory rule. Consider risk mitigation through amendment or agreement in place with counterparty where practicable.
Monitor the Gazette for Governor’s orders. Sections 4(2), 5(2), 8(2) and 9(2) require orders to be published in the Gazette to be effective and s 11(2) treats orders as amendments for Interpretation Act purposes. Set up monitoring of the New South Wales Government Gazette and subscribe to official notice services so operational schedules and contractual timings reflect any newly specified local times for Broken Hill or Lord Howe Island.
Monitor regulations for summer time period changes. Section 2A(1)(b) permits the regulations to prescribe a summer time period other than the statutory default. Track regulations made under s 13 to determine whether the statutory default summer time period has been altered in any given year.
Configure IT and timekeeping systems to handle half-hour offsets. Broken Hill and Lord Howe Island have half-hour offsets from the State baseline in default (ss 4(1)(a), 5(1)(a)), and Lord Howe Island has a 30-minute default summer advance (s 9(1)(a)). Ensure scheduling, logging and time-stamping systems can support non-whole-hour offsets and can be updated promptly on Gazette notice. Where possible, store timestamps in UTC and perform presentation conversion at user interface level, while ensuring legal references use the statutory construction appropriate under s 6.
Adjust payroll and rostering policies before summer periods. Use the statutory default summer time period in s 2A(1) unless a different period has been prescribed by regulation. Determine whether employees’ contract terms reference statutory time or require explicit time standards; update rosters and payroll calculation rules for one-hour or 30-minute advances as relevant to the locality.
Draft notices, statutory deadlines and administrative processes to state the time zone. When drafting statutory notices, filings or procedural rules, specify the time standard to avoid ambiguity. For example, when specifying a deadline for compliance, say “on or before 5 pm AEST (New South Wales standard time, UTC+10) on [date]” or “on or before 5 pm UTC” depending on intent. That eliminates reliance on s 6’s default.
Manage cross-border and multi-jurisdictional scheduling. If operations cross into Broken Hill or Lord Howe Island, build rules that map between local statutory time, New South Wales standard time and UTC. Document the mapping in operational manuals and training materials.
Account for preserved scientific uses. If the business or organisation operates in astronomy, meteorology or navigation, apply the Part 2 standard time for those purposes as preserved by s 11(1). Distinguish operational schedules that require civic summer time from scientific time records that must adhere to the preserved standard.
Keep a change-log and legal audit trail of orders and regulations. Where a Governor’s order or a regulatory prescription affects operations or obligations, retain a copy of the Gazette notice, the regulation, and an internal record of how systems and contracts were updated. Section 11(2)’s link to the Interpretation Act means orders will be treated as amendments for statutory purposes; keep the related public record.
Include contingency clauses in contracts. For long-term contracts that may span multiple summer time periods or that involve operations in the exceptions, consider including fallback clauses that define how time changes will be handled, for example by referring to UTC, by specifying that times are to be determined by reference to the time then in force under the Standard Time Act 1987, or by setting an adjustment process for local variations following any Gazette order.
Obtain legal advice for high-stakes deadlines and litigated matters. Where litigation or regulatory deadlines are at issue, use the interpretive rules in s 6 and s 10 to determine the applicable time, and seek legal advice where ambiguity could lead to forfeiture, limitation-bar or loss of rights.
Following these steps aligns operational practice with the statutory scheme. The overarching principle is clarity: when parties expressly specify the time reference, they avoid the statutory defaults and the business disruption that can flow from unclear time definitions or executive orders altering local legal time.
Standard time in New South Wales (except certain areas)
3 Standard time in New South Wales (except certain areas)
3 Standard time in New South Wales (except certain areas)
3 Standard time in New South Wales (except certain areas)
(1) Standard time in New South Wales is 10 hours in advance of Co-ordinated Universal Time.
(2) This section does not apply to Broken Hill or Lord Howe Island.
s 3: Subst 2005 No 7, Sch 1 [2].
4 Standard time in Broken Hill
4 Standard time in Broken Hill
4 Standard time in Broken Hill
(1) Standard time in Broken Hill is:
(a) if an order under this section is not in force—9 hours and 30 minutes in advance of Co-ordinated Universal Time, or
(b) if such an order is in force—the time in advance of Co-ordinated Universal Time specified in the order as the standard time for Broken Hill.
(2) The Governor may, by order published in the Gazette, specify as standard time for Broken Hill the time in advance of Co-ordinated Universal Time specified in the order.
s 4: Subst 2005 No 7, Sch 1 [3].
5 Standard time in Lord Howe Island
5 Standard time in Lord Howe Island
5 Standard time in Lord Howe Island
(1) Standard time in Lord Howe Island is:
(a) if an order under this section is not in force—10 hours and 30 minutes in advance of Co-ordinated Universal Time, or
(b) if such an order is in force—the time in advance of Co-ordinated Universal Time specified in the order as the standard time for Lord Howe Island.
(2) The Governor may, by order published in the Gazette, specify as standard time for Lord Howe Island the time in advance of Co-ordinated Universal Time specified in the order.
s 5: Subst 2005 No 7, Sch 1 [4].
6 Construction of references to time (standard time)
6 Construction of references to time (standard time)
6 Construction of references to time (standard time)
(1) A reference (express or implied) in any legal instrument to any time or period of time shall be construed:
(a) in relation to an act or omission that occurs, or a state of affairs that exists, at a particular place:
(i) as a reference to standard time, as fixed by or under this Part, in that place, or
(ii) as a reference to that period as determined by reference to that standard time, and
(b) except as provided by paragraph (a):
(i) as a reference to New South Wales standard time, or
(ii) as a reference to that period as determined by reference to New South Wales standard time.
(2) Subsection (1) does not apply to a reference to a time or period of time that is expressly required by the legal instrument in which the reference occurs or by any other legal instrument to be construed in some other way.
(3) This section applies to a legal instrument even though it was made before the appropriate standard time was fixed by or under this Part.
Part 3 Daylight saving
Part 3 Daylight saving
Part 3 Daylight saving
7 Summer time in New South Wales (except certain areas)
7 Summer time in New South Wales (except certain areas)
7 Summer time in New South Wales (except certain areas)
(1) During a summer time period, summer time in New South Wales is one hour in advance of New South Wales standard time.
(2) This section does not apply to Broken Hill or Lord Howe Island.
8 Summer time in Broken Hill
8 Summer time in Broken Hill
8 Summer time in Broken Hill
(1) During a summer time period, summer time in Broken Hill is:
(a) if an order under this section is not in force, one hour in advance of standard time as fixed for Broken Hill by or under section 4, or
(b) if such an order is in force—the time specified in the order as summer time for Broken Hill.
(2) The Governor may, by order published in the Gazette, specify as summer time for Broken Hill such time as the Governor thinks fit.
9 Summer time in Lord Howe Island
9 Summer time in Lord Howe Island
9 Summer time in Lord Howe Island
(1) During a summer time period, summer time in Lord Howe Island is:
(a) if an order under this section is not in force, 30 minutes in advance of standard time as fixed for Lord Howe Island by or under section 5, or
(b) if such an order is in force—the time specified in the order as summer time for Lord Howe Island.
(2) The Governor may, by order published in the Gazette, specify as summer time for Lord Howe Island such time as the Governor thinks fit.
s 9: Am 2005 No 71, Sch 1 [3].
10 Construction of references to time (summer time)
10 Construction of references to time (summer time)
10 Construction of references to time (summer time)
In section 6:
(a) a reference to standard time shall, in respect of a summer time period, be construed as a reference to the appropriate summer time as fixed by or under this Part, and
(b) a reference to New South Wales standard time shall, in respect of a summer time period, be construed as a reference to New South Wales summer time.
Part 4 Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
11 Savings
11 Savings
11 Savings
(1) Nothing in Part 3 affects:
(a) the use of standard time, as fixed by or under Part 2, for the purposes of astronomy, meteorology or navigation, or
(b) the construction of any document mentioning or referring to a point of time in connection with any of those purposes.
(2) For the purposes of section 30 of the Interpretation Act 1987, an order under this Act shall be regarded as amending this Act.
12 Repeal and transitional provisions
12 Repeal and transitional provisions
12 Repeal and transitional provisions
(1) The Standard Time Act 1971 is repealed.
(2) An amendment made by the Standard Time Amendment (Co-ordinated Universal Time) Act 2005 applies to a legal instrument even though the instrument was made before the commencement of the amendment.
(3)–(6) (Repealed)
s 12: Am 2005 No 7, Sch 1 [5].
13 Regulations
13 Regulations
13 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.