Acts Interpretation Act 1901

Pt 3 heading substituted by No 46 of 2011, s 3 and Sch 1 item 5, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading. The heading formerly read:

PART II - COMMENCEMENT OF ACTS

S 4 substituted by No 46 of 2011, s 3 and Sch 1 item 9, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading. For further application and saving provisions, see note under s 3A . S 4 formerly read:

SECTION 4 EXERCISE OF CERTAIN POWERS BETWEEN PASSING AND COMMENCING OF ACT  
4(1)
Where an Act (in this section referred to as the Act concerned), being:

(a) an Act enacted on or after the date of commencement of this section that is not to come into operation immediately upon its enactment; or

(b) an Act enacted before the date of commencement of this section that did not come into operation on or before that date;

is expressed to confer power, or to amend another Act in such a manner that the other Act, as amended, will confer power, to make an appointment or to make an instrument of a legislative or administrative character (including rules, regulations or by-laws), then, unless the contrary intention appears, the power may be exercised, and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment or instrument into effect, before the Act concerned comes into operation as if it had come into operation.

4(1A)
Where:

(a) an Act that is in operation (in this subsection called the parent Act ) is expressed to confer power to make an instrument of a legislative or administrative character (including rules, regulations or by-laws); and

(b) the Act concerned is expressed to amend the parent Act in such a manner that the parent Act, as amended, will confer additional power to make such an instrument;

then, unless the contrary intention appears:

(c) the powers mentioned in paragraphs (a) and (b) may be exercised by making a single instrument; and

(d) such an instrument is to be treated as made under subsection (1) so far as any provisions contained in it required an exercise of the additional power mentioned in paragraph (b).

4(2)
An appointment made under subsection (1) takes effect:

(a) on the day specified in the appointment, being a day that is not earlier than the day on which the Act concerned comes into operation; or

(b) if a day is not specified in the appointment - on the day on which the Act concerned comes into operation.

4(2A)
Where, because of some or all of its provisions (in this subsection called the relevant provisions ), an instrument is made under subsection (1), each relevant provision takes effect, as declared in the instrument:

(a) on a specified date that is not earlier than the date when the Act concerned comes into operation; or

(b) from a specified time on a specified date that is not earlier than the date and time when the Act concerned comes into operation; or

(c) on the date, or from the date and time, when the Act concerned comes into operation.

4(3)
Where an Act is to come into operation on a date to be fixed by a Proclamation or other instrument, the Proclamation or other instrument may be made and published at any time after the enactment of the Act.

4(4)
Where this section applies to an Act by reason of the fact that that Act is expressed to amend another Act in the manner referred to in subsection (1) and that other Act has not come into operation, this section has effect as if the references in subsections (1), (2) and (2A) to the coming into operation of the Act concerned were references to the coming into operation of the other Act as amended by the Act concerned.

4(5)
In subsections (1), (1A), (2), (2A), (3) and (4) a reference to an Act shall be read as including a reference to any provision or provisions of an Act.

4(6)
In the application of this section to an instrument of a legislative character (including such an instrument made by virtue of this section):

(a) references in this section to the enactment of an Act are to be read as references to the making of such an instrument; and

(b) references in this section to an Act other than the Act concerned are to be read as references to instruments of a legislative character.

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History

S 4(6) substituted by No 140 of 2003, s 3 and Sch 1 item 3, effective 1 January 2005. S 4(6) formerly read:

4(6)
In the application of this section, in accordance with paragraph 46(1)(a) to rules, regulations or by-laws (including rules, regulations or by-laws made by virtue of this section), references in this section to the enactment of an Act shall be read as references to the making of rules, regulations or by-laws and references in this section to an Act other than the Act concerned shall be read as references to rules, regulations or by-laws.

S 4(6) amended by No 63 of 2002.