PART 9
-
CITATION OF ACTS AND INSTRUMENTS
History
Pt 9 heading substituted by No 10 of 2015, s 3 and Sch 1 item 103, effective 5 March 2016. For application, savings and transitional provisions, see note under s
46AA(1)
. The heading formerly read:
PART 9
-
CITATION OF ACTS
Pt 9 heading substituted by No 46 of 2011, s 3 and Sch 1 item 96, 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 IX
-
CITATION OF ACTS
SECTION 40
CITATION OF ACTS AND INSTRUMENTS
Citation of Acts, legislative instruments and notifiable instruments
40(1A)
In any Act, instrument or document:
(a)
an Act may be cited by:
(i)
the short title of the Act; or
(ii)
the secular year in which it was passed, and its number; or
(iii)
a unique identifier given to the Act in accordance with rules prescribed under the
Legislation Act 2003
; and
(b)
a legislative instrument or notifiable instrument may be cited by:
(i)
any name the instrument gives itself; or
(ii)
a unique identifier given to the instrument in accordance with rules prescribed under the
Legislation Act 2003
; or
(iii)
if the instrument was numbered under a Commonwealth law
-
the year it was made and its number, together with a reference (if necessary) to the kind of instrument; or
(iv)
if the instrument was notified or published in the Gazette
-
the date and (if necessary) number and page of the Gazette in which it was notified or published; or
(v)
the date it was made, together with a reference to the Act or instrument, and (if necessary) provision, under which it was made.
History
S 40(1A) inserted by No 10 of 2015, s 3 and Sch 1 item 105, effective 5 March 2016. For application, savings and transitional provisions, see note under s
46AA(1)
.
Citation of Imperial Acts, State Acts and Territory Acts
40(1)
In any Act, instrument or document:
(a)
(Repealed)
(b)
any Imperial Act may be cited by its short title (if any) or in such other manner as is sufficient in an Imperial Act; and
(c)
any State Act may be cited by a reference to the State by the Parliament whereof the Act was passed, together with such mode of reference as is sufficient in Acts passed by such Parliament; and
(d)
any Territory Act may be cited by a reference to the Territory by whose legislature the Act was passed, together with such mode of reference as is sufficient in Acts passed by that legislature.
History
S 40(1) amended by No 10 of 2015, s 3 and Sch 1 item 106, by repealing para (a), effective 5 March 2016. For application, savings and transitional provisions, see note under s
46AA(1)
. Para (a) formerly read:
(a)
any Act may be cited by its short title, or by reference to the secular year in which it was passed and its number; and
S 40(1) amended by No 46 of 2011, s 3 and Sch 1 item 99, by inserting para (d), 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.
40(2)
Any enactment may be cited by reference to the part, section, subsection, or other division of the Act, Imperial Act, State Act or Territory Act, in which the enactment is contained.
History
S 40(2) amended by No 46 of 2011, s 3 and Sch 1 item 100, by substituting
"
, State Act or Territory Act
"
for
"
or State Act
"
, 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.
40(3)
(Repealed by No 46 of 2011)
History
S 40(3) repealed by No 46 of 2011, s 3 and Sch 1 item 101, 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.
S 40(3) formerly read:
40(3)
Every such reference shall be made according to the copy of such Act printed by the Government Printer of the Commonwealth or of the State, or of the King's Printer in London (as the case may be), or purporting to be so printed.
40(4)
(Repealed by No 46 of 2011)
History
S 40(4) repealed by No 46 of 2011, s 3 and Sch 1 item 101, 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.
S 40(4) formerly read:
40(4)
For the purposes of subsection (3), a reference in relation to a Commonwealth Act may also be made according to a copy of the Act, or a compilation of the Act, as it appears in an Acts database declared under section 4 of the
Acts Publication Act 1905
.
S 40(4) inserted by No 135 of 2008, s 3 and Sch 3, Pt 2, item 6, effective 4 December 2009.