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Acts Interpretation Act 1901

PART 5 - GENERAL INTERPRETATION RULES

SECTION 19 REFERENCES TO MINISTERS IN ACTS

19(1)
If a provision of an Act refers to a Minister, the following table provides which Minister the provision refers to in relation to a particular matter (the relevant matter ) on a particular day (the relevant day ).

References to Ministers in Acts
	If the provision …	then the Minister referred to is …
1	refers to a Minister by using the expression " the Minister " , without identifying the Minister	the Minister, or any of the Ministers, administering the provision on the relevant day, in relation to the relevant matter.
2	refers to a Minister by reference to the fact that the Minister administers any of the following laws:	the Minister, or any of the Ministers, administering that law on the relevant day, in relation to the relevant matter.
	(a)	the Act, that provision or another provision of the Act;
	(b)	another Act, or a provision of another Act
3	refers to a Minister by title (for example, " the Attorney-General " or " the Minister for Industry " ), even if that title no longer exists	(a)	if, at the time the provision commenced, or the reference to the Minister was inserted, the Minister referred to by title administered the provision - the Minister, or any of the Ministers, identified by item 1; or
			(b)	if paragraph (a) does not apply - the Minister currently identified by the title, or by a substituted reference order under section 19B ; or
			(c)	in any case - any other Minister administering the Department of State of the Commonwealth that deals with the matters for which the Minister mentioned in paragraph (a) or (b) (as the case may be) is responsible on the relevant day.
4	refers to a Minister by describing a matter for which the Minister is responsible (for example, " the Minister responsible for the environment " )	the Minister, or any of the Ministers, administering the Department of State of the Commonwealth that deals with the relevant matter on the relevant day.

19(2)
Instruments including the following, as in force on the relevant day, or any earlier day, may be used to work out which Minister (or Ministers) is referred to under subsection (1):

(a) an Administrative Arrangements Order;

(b) a substituted reference order under section 19B .

Note:

Substituted reference orders under section 19B may have effect in relation to days before the orders are made.

19(3)
To avoid doubt, if, because of this section, a provision of an Act is taken to require anything to be done by or in relation to any one of 2 or more Ministers, the provision is not taken to require it to be done in any particular case by or in relation to more than one of those Ministers.

Acting Ministers

19(4)
If a provision of an Act refers to a Minister, the reference is taken to include a reference to a Minister or member of the Executive Council for the time being acting for or on behalf of the Minister.

View history note

History

S 19 substituted by No 10 of 2015, s 3 and Sch 2 item 3, effective 5 March 2016. No 10 of 2015, s 3 and Sch 2 items 4 - 7 contains the following application and transitional provisions:

Part 2 - Application and transitional
4 Application of amendments - Schedule 2
4
The amendments of the Acts Interpretation Act 1901 made by Part 1 of this Schedule apply in relation to an Act or instrument made before, on or after the commencement of this Schedule, subject to this Part. 5 Transitional - substituted reference orders
5
An order under section 19B or 19BA of the Acts Interpretation Act 1901 that was in force immediately before the commencement of this Schedule continues in force on and after that commencement (subject to that Act as amended by the amendments in Part 1 of this Schedule) as if the order had been made by the Governor-General under section 19B of that Act as that Act is amended by this Schedule. 6 Application and saving - references to authorities in Commonwealth agreements
(1)
Section 19C of the Acts Interpretation Act 1901 , as that Act is amended by this Schedule, applies in relation to an agreement entered into by or on behalf of the Commonwealth on or after the commencement of this Schedule.

(2)
Despite the repeal of section 19C of the Acts Interpretation Act 1901 by this Act:

(a) that section continues to apply in relation to an agreement entered into by or on behalf of the Commonwealth before the commencement of this Schedule; and

(b) an order under subparagraph 19C(1)(c)(ii) of the Acts Interpretation Act 1901 that was in force immediately before that commencement in relation to such an agreement continues to apply on and after that commencement, subject to that section (as applied under paragraph (a) of this subitem).

Note:

Section 19C of the Acts Interpretation Act 1901 , and new section 19C of that Act as amended by this Schedule, deal with references in Commonwealth agreements to a Department, Minister, officer or other body.
7 Application - new section 19D
7
Section 19D of the Acts Interpretation Act 1901 , as amended by this Schedule, applies:

(a) in relation to a purported exercise or performance of a power, function or duty under an agreement entered into by or on behalf of the Commonwealth on or after the commencement of this Schedule; and

(b) in relation to a purported exercise or performance of a power, function or duty that occurs on or after the commencement of this Schedule.

S 19 formerly read:

SECTION 19 MENTION OF MINISTER
19
Where in an Act any Minister is referred to, such reference shall be deemed to include any Minister or member of the Executive Council for the time being acting for or on behalf of such Minister.

S 19 amended by No 125 of 1998.

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