Federal Register of Legislation - Australian Government

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Acts Interpretation Act 1904

Authoritative Version
Act No. 1 of 1904 as made
An Act for the Interpretation of Acts of Parliament and for Further Shortening their Language.
Date of Assent 14 Jun 1904
Date of repeal 11 Oct 1937
Repealed by Acts Interpretation Act 1937

ACTS INTERPRETATION.

 

No. 1 of 1904.

An Act for the Interpretation of Acts of Parliament and for Further Shortening their Language.

[Assented to 14th June, 1904.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.  This Act may be cited as the Acts Interpretation Act 1904, and shall be construed with the Acts Interpretation Act 1901.

Application.

2.  This Act shall apply to all Acts of the Parliament passed after the commencement of this Act.

Penalties at foot of sections or sub-sections.

3.  The penalty, pecuniary or other, set out—

(a) at the foot of any section of any Act; or

(b) at the foot of any sub-section of any section of any Act, but not at the foot of the section,

shall indicate that any contravention of the section or of the subsection respectively, whether by act or omission, shall be an offence against the Act, punishable upon conviction by a penalty not exceeding the penalty mentioned.

Provided that where the penalty is expressed to apply to a part only of the section or sub-section, it shall apply to that part only.

Indictable offences.

4.  Offences against any Act which are punishable by imprisonment for a period exceeding six months shall, unless the contrary intention appears in the Act, be indictable offences.

Offences punishable by summary conviction.

5.  Offences against any Act which—

(a) are punishable by imprisonment, but not for a period exceeding six months; or

(b) not being punishable by imprisonment, are not declared to be indictable offences,

shall, unless the contrary intention appears in the Act, be punishable on summary conviction.


 

Pecuniary penalties.

6.  All pecuniary penalties for any offence against any Act may, unless the contrary intention appears in the Act, be recovered in any court of summary jurisdiction.

Imprisonment.

7.  Where under any Act imprisonment may be awarded for any offence, it may be awarded with or without hard labour.

Attempt to commit an offence to be deemed an offence.

8.  Any attempt to commit an offence against any Act shall, unless the contrary intention appears in the Act, be an offence against the Act, punishable as if the offence had been committed.

Definitions.

9.  In any Act, unless the contrary intention appears—

“Justice of the Peace” includes a Justice of the Peace for a State or part of a State;

“Prescribed” means prescribed by the Act, or by Regulations under the Act;

“Regulations” means regulations under the Act.

Regulations.

10.                Where an Act confers power to make Regulations, all Regulations made accordingly shall, unless the contrary intention appears—

(a) be notified in the Gazette;

(b) take effect from the date of notification, or from a later date specified in the Regulations;

(c) be laid before both Houses of the Parliament within thirty days of the making thereof, or, if the Parliament is not then sitting, within thirty days after the next meeting of the Parliament.

But if either House of the Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation such regulation shall thereupon cease to have effect.