Acts Interpretation Amendment Act 2011 (46 of 2011)
Schedule 1 Main amendments
Acts Interpretation Act 1901
93 Section 36
Repeal the section, substitute:
36 Calculating time
(1) A period of time referred to in an Act that is of a kind mentioned in column 1 of an item in the following table is to be calculated according to the rule mentioned in column 2 of that item:
|
Calculating periods of time |
||
|---|---|---|
|
|
Column 1
|
Column 2
|
|
1 |
is expressed to occur between 2 days |
includes both days. |
|
2 |
is expressed to begin at, on or with a specified day |
includes that day. |
|
3 |
is expressed to continue until a specified day |
includes that day. |
|
4 |
is expressed to end at, on or with a specified day |
includes that day. |
|
5 |
is expressed to begin from a specified day |
does not include that day. |
|
6 |
is expressed to begin after a specified day |
does not include that day. |
|
7 |
is expressed to end before a specified day |
does not include that day. |
Example 1: If a claim may be made between 1 September and 30 November, a claim may be made on both 1 September and 30 November.
Example 2: If a permission begins on the first day of a financial year, the permission is in force on that day.
Example 3: If a licence continues until 31 March, the licence is valid up to and including 31 March.
Example 4: If a person’s right to make submissions ends on the last day of a financial year, the person may make submissions on that day.
Example 5: If a variation of an agreement is expressed to operate from 30 June, the variation starts to operate on 1 July.
Example 6: If a decision is made on 2 August and a person has 28 days after the day the decision is made to seek a review of the decision, the 28-day period begins on 3 August.
Example 7: If a person must give a notice to another person at any time during the period of 7 days before the day a proceeding starts and the proceeding starts on 8 May, the notice may be given at any time during the 7-day period starting on 1 May and ending on 7 May.
(2) If:
(a) an Act requires or allows a thing to be done; and
(b) the last day for doing the thing is a Saturday, a Sunday or a holiday;
then the thing may be done on the next day that is not a Saturday, a Sunday or a holiday.
Example: If a person has until 31 March to make an application and 31 March is a Saturday, the application may be made on Monday 2 April.
(3) In this section:
holiday , in relation to the time for doing a thing, means:
(a) a day that is a public holiday in the place in which the thing is to be or may be done; and
(b) if the thing is to be or may be done at a particular office or other place - a day on which the place or office is closed for the whole day.