3Interpretation

### 3 Interpretation > *\[Section 3 Subsection (1) amended by 25 Geo. V No. 78 \]**\[Section 3 Subsection (1) amended by No. 40 of 1959, s. 2 \]**\[Section 3 Subsection (1) amended by No. 44 of 1965, s. 5 and Sched. 1 \]**\[Section 3 Amended by S.R. 1977, No. 150 \]**\[Section 3 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 \]**\[Section 3 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 \]* > > > (1)  *\[Section 3 Subsection (1) amended by 25 Geo. V No. 60, s. 2 \]*In this Act, unless the contrary intention appears – > > > > > ***a judge sitting in chambers***, ***a single judge sitting in chambers***, and ***a judge in chambers*** include a judge sitting in court as in chambers and a judge sitting in any place otherwise than as a court or as a member of a court; > > > > > ***a judge sitting in court*** means a judge sitting in court as a court, whether with or without a jury or an assessor or assessors; > > > > > ***action***, when used with reference to proceedings in the Supreme Court, means a civil proceeding commenced by writ of summons or statement of claim, and any proceeding which, by any express provision in the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) , is declared to be an action: the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) may declare any proceeding to be an action either for all purposes or for any particular purpose or purposes, and in the latter case the proceeding shall, as to such purpose or purposes, but not further or otherwise, be deemed to be an action; > > > > > ***administration*** includes all letters of administration of the effects of deceased persons, whether with or without a will annexed and whether granted for general, special, or limited purposes; > > > > > ***any Act*** means any Act of the Parliament of Tasmania; > > > > > ***any Rules of Court*** means the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) for the time being in force under this Act, or any Orders or Rules of Court which are by this Act directed or authorized to be applied or used in the Supreme Court; > > > > > [*\[Section 3 Subsection (1) amended by No. 102 of 2001, Sched. 1, Applied:28 Jun 2002\]*](/view/html/inforce/2002-06-28/act-2001-102#JS1@Ja7@GC1@EN) ***assessed capital value***, when used with reference to land, means the capital value at which the land to which the expression is to be applied is for the time being valued under the provisions of the [Valuation of Land Act 2001](/view/html/inforce/2026-04-12/act-2001-102) , or any Act substituted for that Act; > > > > > [*\[Section 3 Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja16@GC1@Hpa@EN) ***Associate Judge*** means the Associate Judge of the Supreme Court; > > > > > ***Attorney-General*** includes Solicitor-General in the case of a vacancy in the office of Attorney-General, or in the case of the incapacity of the Attorney-General; > > > > > ***body politic*** includes His Majesty in right of His Imperial Crown and His Majesty in right of any part of His dominions other than this State; > > > > > ***cause*** includes any action, suit, or other original civil proceeding between parties; > > > > > ***Charter of Justice*** means the Charter of Justice granted by the letters patent of His late Majesty William IV, dated 4th March 1831, constituting the Supreme Court of Van Diemen's Land; > > > > > ***Chief Justice*** means the Chief Justice of the Supreme Court or the Acting Chief Justice of the Supreme Court, or, if there is not any Chief Justice as so defined, or if the Chief Justice as so defined is absent, the Senior Puisne judge; > > > > > ***Court or a judge*** means a Full Court or any judge of the Court whether sitting in Court as a Court or as in chambers, or in chambers, but the expression shall be read and construed subject to the provisions of [Part II](#HPII@EN) ; > > > > > ***defendant*** includes every person against whom an action is instituted and every person served with any process or with notice of, or entitled to attend, any civil proceeding in the Court; > > > > > ***existing*** means existing immediately before the commencement of this Act; > > > > > ***freight*** includes passage-money and hire; > > > > > ***Government of this State*** means the Executive Government of this State, and it includes His Majesty in right of this State, and the Governor and the several Ministers of the Crown for this State, and any Ministry, Board, Trust, Authority, Commission, Commissioners, persons or person (whether incorporated or not, and howsoever styled) charged or invested as a department or branch of the Executive Government of this State with the execution, administration, management, or control of any duty, authority, or function of the Executive Government of this State, or of any undertaking, business, trade, or other operation or concern whatsoever (whether a commercial operation or concern or not) conducted or carried on for or on behalf of the Executive Government of this State, under or by virtue of His Majesty's Royal Prerogative or any statute or other lawful authority; > > > > > ***Houses of Parliament*** means the Legislative Council and the House of Assembly; > > > > > ***in a summary way***, as applied to statutes passed before the commencement of this Act, means otherwise than by an action at law or in the Admiralty Jurisdiction of the Court, or a cause or suit in the Ecclesiastical Jurisdiction of the Court, or a suit in equity, or a cause or suit in the Matrimonial Causes Jurisdiction of the Court; and, as applied to statutes passed after the commencement of this Act, means otherwise than by an action; > > > > [*\[Section 3 Subsection (1) amended by No. 44 of 2004, s. 48, Applied:16 Nov 2004\]*](/view/html/inforce/2004-11-16/act-2004-044#GS48@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 44 of 2004, s. 48, Applied:16 Nov 2004\]*](/view/html/inforce/2004-11-16/act-2004-044#GS48@EN) ***inferior court of civil jurisdiction*** includes any court instituted under the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) when exercising a civil jurisdiction; > > > > > ***instrument*** includes any statute; > > > > > ***issue of fact*** includes the assessment of damages in any cause; > > > > > ***judge*** and ***single judge*** mean a judge of the Supreme Court, and include a judge sitting in court and a judge sitting in chambers, and a judge sitting in court or elsewhere as in chambers, and a judge sitting with a jury or an assessor or assessors; > > > > > ***judgment*** includes decree and a decree *nisi* in a matrimonial cause; > > > > > ***jurisdiction*** includes all powers and authorities incident to the exercise of jurisdiction; > > > > [*\[Section 3 Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja16@GC1@Hpb@EN) > > > > > ***matter*** includes any civil proceeding in the Court, whether between parties or not, and also any incidental proceeding in a cause or matter; > > > > > ***non-contentious proceedings in any probate or administration matter*** means the business of obtaining probate and administration where there is no contention as to the right thereto, including the passing of probates and administrations through the Supreme Court in contentious cases where the contest has been terminated, and all business of a non-contentious nature in matters of testacy and intestacy, not being proceedings in any action, and also the business of lodging caveats against the grant of probate or administration: and the expression ***common form business*** in the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) shall, unless the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) otherwise provide, have the same meaning; > > > > > ***oath*** includes solemn affirmation and statutory declaration; > > > > > ***officer of the Court*** includes a referee; > > > > > ***officer, employee, servant, or agent of the Government of this State*** includes the Governor, the several Ministers of the Crown for this State, and any such Ministry, Board, Trust, Authority, Commission, Commissioners, persons, or person as is or are mentioned in the definition of "Government of this State", and any subordinate officer, employee, or servant under any such Minister, Ministry, Board, Trust, Authority, Commission, Commissioners, persons, or person as aforesaid, and any other officer, employee, servant, or agent of the Government of this State as such; > > > > > ***Order*** includes rule; > > > > > ***original proceeding*** means any civil proceeding in the Court which is not a proceeding in a pending cause or matter; and it includes every cause, and every summons, order, or notice in any interpleader proceeding, or for the appointment of an arbitrator or umpire, or to remit, set aside, or enforce an award in any arbitration held or to be held within this State; > > > > > ***owner***, when used with reference to a vessel, includes any person other than the owner responsible for the fault of the vessel, as though the term "owner" included such person; and in any case where by virtue of any charter or demise, or for any other reason, the owner is not responsible for the navigation and management of the vessel, the expression "owner" shall be read as though for references to the owner there were substituted references to the charterer or other person for the time being so responsible; and when used with reference to any cargo or property on board a vessel, means any person entitled to maintain an action against a wrongdoer in respect of any direct and immediate injury to such cargo or property; and it includes a part owner; > > > > > ***party*** includes every person served with notice of or attending any proceeding, although not named on the record or in the process; > > > > > ***person*** includes any corporation sole and any body corporate and any body politic; > > > > > ***petitioner*** includes every person making any application to the Court, either by petition, motion, or summons, otherwise than as against any defendant; > > > > > ***plaintiff*** includes every person asking for relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the same be taken by action, petition, motion, summons, rule, or order to show cause, or otherwise; > > > > > ***pleading*** includes the statements in writing of the claim or demand of any plaintiff and of the defence of any defendant thereto, and of the counter-claim of any defendant, and of the reply of the plaintiff to any defence or counter-claim of a defendant, and of any further plea or answer of either party; and any petition or summons; > > > > > ***prescribed officer*** means the officer prescribed by the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) ; > > > > > ***procedure and practice*** and ***procedure or practice*** include the form, mode, and course of proceeding and the process and pleadings in any proceeding (whether original or on appeal), which is subject to the provisions of this Act, and the regulation of all matters whatsoever relating to the institution, conduct, trial, or hearing of, and the adjudication in, any such proceeding, and the enforcement of any adjudication given or made therein and the regulation of all proceedings consequent on any adjudication given or made therein, and the powers of the Court or any judge thereof with respect to any such proceeding, and the means by which particular facts may be proved therein and the mode in which evidence thereof may be given, and the costs of any such proceeding, and the fees and percentages payable in respect thereof, and the fees and allowances to be payable to practitioners of the Court in respect thereof, and the regulation of the payment, transfer, or deposit into, or in or out of, the Court of any money or property and the dealing therewith, and (subject to the provisions of [Part II](#HPII@EN) ) the organization of the Court, and the allocation and distribution of the business thereof, and (subject to the provisions of [Part III](#HPIII@EN) ) the regulations of the sittings of the Court and the judges thereof, and all the jurisdiction and powers conferred and the matters prescribed, provided for, or regulated by the Rules of Court in [Schedule II](#JSII@EN) ; > > > > > ***public authority*** means – > > > > > > > > (a) any local authority; and > > > > > > > > > (b) any – > > > > > > > > > > > > (i) marine board, or port, harbour, or navigation authority; > > > > > > > > > > > > > (ii) road, lighting, irrigation, water, power, drainage, or health board, trust, or authority; or > > > > > > > > > > > > > (iii) other like public authority – > > > > > > > > > > (whether corporate or unincorporate) which is constituted or established by or under any Act and is not a department or branch of the Executive Government of this State; and > > > > > > > > > (c) any individual or individuals or body of persons, whether corporate or unincorporate, and any corporation sole charged or invested (otherwise than as a department or branch of the Executive Government of this State, or as a member or members of the public merely) by or under any Act, or any by-law, order, regulation, or other instrument made or issued under or by virtue of any Act, with the execution, administration, management, or control of any public duty, authority, or function, or any undertaking, business, trade, or other operation or concern whatsoever (whether a commercial operation or concern or not) conducted or carried on for or on behalf of the public or any local or other division of, or any other part of, the public – > > > > > > but does not include either of the Houses of Parliament or any officer thereof when acting as such, or any court or any judge or officer thereof when acting as such, or any officer, employee, servant, or agent of the Government of this State when acting as such; > > > > > ***public officer*** means any officer, employee, servant, or agent of the Government of this State, and any other officer (including a corporation sole) charged or invested with any public duty, authority, or function; but does not include a member or officer of either of the Houses of Parliament when acting as such, or a judge or any officer of any court when acting as such; > > > > > ***Registrar*** means the Registrar of the Supreme Court; > > > > > ***repealed*** as applied either to Imperial statutes generally or a particular Imperial statute means (according to the context) either – > > > > > > > > (a) that such statutes or statute shall no longer have any force or effect in this State; or > > > > > > > > > (b) declared to be no longer of any force or effect in this State – > > > > > > and the term ***repeal***, as applied to any such statutes or statute, shall have a corresponding meaning; > > > > > ***Rules of Court*** includes forms; > > > > > ***Sheriff*** includes a Deputy-Sheriff and any other person bound or entitled to discharge the duties of the Sheriff; > > > > > ***statute*** means any Imperial Act in force in this State and any Commonwealth Act and any Act of the Parliament of Tasmania, and includes this Act; > > > > > ***suit*** includes action; > > > > > ***Supreme Court*** means the Supreme Court of Tasmania; > > > > > ***testamentary cause or matter*** includes all causes or matters relating to the grant or revocation of probate or administration; > > > > > ***the Court*** means the Supreme Court of Tasmania; > > > > > ***the Rules of Court*** means the Rules of Court, including the forms, fees, costs, and percentages in [Schedule II](#JSII@EN) , or other the Rules of Court for the time being in force under this Act; > > > > > ***this Part*** means the part of this Act in which the expression is used; > > > > > ***trial*** includes hearing; > > > > > ***unrepealed Act*** means any Act of the Parliament of Tasmania which is not expressly or impliedly repealed by this Act, and it includes any part of or provision in any Act of the Parliament of Tasmania which is not expressly or impliedly repealed by this Act; > > > > > ***vessel*** means any ship, boat, or other description of vessel used in navigation; > > > > > ***wreck*** includes derelict (including derelict cargo) and any part of a vessel, its apparel or cargo, whether aground or afloat. > > > (2)  Any provision in this Act that any jurisdiction which is vested in the Court or any judge thereof by, under, or by virtue of any Commonwealth Act shall be exercised subject to the provisions of any Commonwealth Act, shall be construed to mean that such jurisdiction shall be exercised subject to any provision in any Commonwealth Act prescribing the number of judges by whom such jurisdiction may be exercised, and to any other provision in any such Act regulating the exercise of any such jurisdiction which the Parliament of the Commonwealth of Australia has lawfully enacted, and to any rules or regulations lawfully made under any such Act. > > > (3)  Any provision in this Act which is expressed to be made subject to, or is directed to be read or construed subject to, any Commonwealth Act shall be read and construed subject only to such Commonwealth Acts, or such provisions in any Commonwealth Act, as the Parliament of the Commonwealth of Australia has lawfully enacted, and to such rules and regulations as have been lawfully made under any such Act. > > > (4)  Any provision in this Act which is expressed to be made subject to any specified Commonwealth Act shall be read and construed subject to such Commonwealth Act only so far as the same is a lawful enactment of the Parliament of the Commonwealth of Australia, and to any rules or regulations lawfully made under any such Act. > > > (5)  Any enactment in this Act which is expressed to be made notwithstanding any statute to the contrary shall be construed as purporting to repeal or displace or to operate in derogation of such statutes only as it is competent for the Parliament of Tasmania to repeal, displace, or derogate from. > > > (6)  For the purpose of construing the expressions "subject to this Act" and "subject to the provisions of this Act" in this Act, [Schedule II](#JSII@EN) shall not be deemed to be part of this Act unless in any particular instance of the use of either of the said expressions it appears from the subject or context that the said schedule is intended to be included in such expression. > > > (7)  *\[Section 3 Subsection (7) omitted by 25 Geo. V No. 78 \]*.  .  .  .  .  .  .  .