Acts Interpretation Act 1901

PART 5 - GENERAL INTERPRETATION RULES

SECTION 19A REFERENCES TO DEPARTMENTS IN ACTS

19A(1)

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

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

Example:

A provision of an Act refers to " the Secretary of the Department " but does not identify which Department is referred to. Under item 1, the reference is to the Secretary of the Department administered by the Minister who administers that provision in relation to the relevant matter, and that deals with that matter, as worked out under subsection (2).

19A(2)
Instruments including the following, as in force on the relevant day, or any earlier day, may be used to work out which Department is identified by the table in 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.

View history note

History

S 19A substituted by No 10 of 2015, s 3 and Sch 2 item 3, effective 5 March 2016. For application and transitional provisions, see note under s 19 . S 19A formerly read:

SECTION 19A REFERENCES TO MINISTERS AND DEPARTMENTS
19A(1)
If a provision of an Act:

(aa) refers to a Minister by using the expression " the Minister " without specifying which Minister is referred to; or

(ab) refers to a particular Minister (including where there is no longer any such Minister);
then the reference is a reference to:

(a) if, for the time being, different Ministers administer the provision in respect of different matters:

(i) if 2 or more Ministers administer the provision in respect of the relevant matter - any one of those Ministers; or

(ii) if only one Minister administers the provision in respect of the relevant matter - that Minister;

(b) if paragraph (a) does not apply and, for the time being, 2 or more Ministers administer the provision - any one of those Ministers; or

(c) if paragraphs (a) and (b) do not apply - the Minister for the time being administering the provision.
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History

S 19A(1) amended by No 46 of 2011, s 3 and Sch 1 items 37 and 38, by inserting " (including where there is no longer any such Minister) " in para (ab) and omitting " , unless the contrary intention appears, " before " the reference is a reference to: " , 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 19A(1) amended by No 125 of 1998.

19A(2)
Where an Act refers to a Minister, specifying the Minister merely by reference to the fact that the Minister administers a specified Act or enactment, subsection (1) applies as if references in paragraphs (1)(a), (b) and (c) to the provision were references to the specified Act or enactment.

19A(3)
If a provision of an Act:

(a) refers to a Department by using the expression " the Department " without specifying which Department is referred to; or

(b) refers to a particular Department (including where there is no longer any such Department);
then the reference is a reference to:

(c) if different Ministers administer the provision in respect of different matters - the Department of State of the Commonwealth that:

(i) deals with the relevant matter; and

(ii) is administered by the Minister or Ministers administering the provision in respect of that matter; or

(d) in any other case - the Department of State of the Commonwealth that:

(i) deals with the matters to which the provision relates; and

(ii) is administered by the Minister or Ministers administering the provision.

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History

S 19A(3) substituted by No 46 of 2011, s 3 and Sch 1 item 39, 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 19A(3) formerly read:

19A(3)
Where a provision of an Act refers to a Department, using the expression " the Department " without specifying which Department is referred to, then, unless the contrary intention appears, the expression means:

(a) if, for the time being, different Ministers administer the provision in respect of different matters - the department of state of the Commonwealth that:

(i) deals with the relevant matter; and

(ii) is administered by the Minister or Ministers administering the provision in respect of that matter; or

(b) in any other case - the Department of State of the Commonwealth that:

(i) deals with the matters to which the provision relates; and

(ii) is administered by the Minister or Ministers for the time being administering the provision.

19A(4)
For avoidance of doubt, it is declared that where:

(a) a provision of an Act is administered by 2 or more Ministers; and

(b) by virtue of this section, the provision requires or permits anything to be done by or in relation to any one of those Ministers;
the provision shall not be taken to require or permit it to be done in any particular case by or in relation to more than one of those Ministers.

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