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Contents  

Long Title

Part I GENERAL PROVISIONS OF INTERPRETATION

Part II GENERAL PROVISIONS REGARDING WRITTEN LAW

Part III SUBSIDIARY LEGISLATION

Part IV POWERS AND APPOINTMENTS

Part V PENAL PROVISIONS

Part VA PROVISIONS RELATING TO COURT PROCEEDINGS

Part VI MISCELLANEOUS

Legislative History

Comparative Table

 
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On 13/12/2017, you requested the version in force on 02/08/2013 incorporating all amendments published on or before 02/08/2013. The closest version currently available is that of 01/01/2006.
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PART II
GENERAL PROVISIONS REGARDING WRITTEN LAW
Acts to be public Acts
3.  Every Act shall be a public Act, and shall be judicially noticed as such unless the contrary is expressly provided by the Act.
Acts to be divided into sections without introductory words
4.  All Acts shall be divided into sections, if there be more enactments than one, which sections shall be deemed to be substantive enactments without any introductory words.
Schedules
5.  Every Schedule to an Act shall, together with any note thereto, be construed and have effect as part of the Act.
Subdivisions of Acts
6.  When an Act is divided into Parts, Chapters, titles or other subdivisions, the fact and particulars of such division shall, with or without express mention thereof in the Act, be taken notice of in all courts and for all purposes whatsoever.
Forms
7.  Except as is otherwise expressly provided, whenever forms are prescribed, slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them.
Examples and illustrations
7A.  Where an Act includes an example or illustration of the operation of a provision —
(a)
the example or illustration shall not be taken to be exhaustive; and
(b)
if the example or illustration is inconsistent with the provision, the provision prevails.
[28/2000]
Mode of citing Acts
8.
—(1)  Where any Act is referred to, it shall be sufficient for all purposes to cite the Act —
(a)
by the short title, if any, by which it is made citable;
(b)
by the year in which it was made and its number among the Acts of that year; or
(c)
in the case of a revised edition of the Acts issued under any written law providing for the issue of a revised edition, by its short title or its chapter number.
(2)  The reference under subsection (1) may in all cases be made according to the copies of Acts printed by the Government Printer.
(3)  Any such citation of an Act shall, unless the contrary intention appears, be construed as a reference to the Act as amended from time to time by any other Act.
Construction in an Act of references to sections, etc.
9.
—(1)  Where in any Act there is a reference to a section, Part, Chapter or Schedule by number or letter only, and not in conjunction with the title or number of an Act, the reference shall be construed as a reference to the section, Part, Chapter or Schedule of that number or letter contained in the Act in which the reference occurs.
(2)  Where in any section of an Act there is a reference to a subsection, paragraph or sub-paragraph by number or letter only, the reference shall be construed as a reference to the subsection, paragraph or sub-paragraph of that number or letter contained in the section in which the reference occurs.
(3)  This section shall apply, with suitable modification, to subsidiary legislation.
Purposive interpretation of written law and use of extrinsic materials
9A.
—(1)  In the interpretation of a provision of a written law, an interpretation that would promote the purpose or object underlying the written law (whether that purpose or object is expressly stated in the written law or not) shall be preferred to an interpretation that would not promote that purpose or object.
[11/93]
(2)  Subject to subsection (4), in the interpretation of a provision of a written law, if any material not forming part of the written law is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to that material —
(a)
to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the written law and the purpose or object underlying the written law; or
(b)
to ascertain the meaning of the provision when —
(i)
the provision is ambiguous or obscure; or
(ii)
the ordinary meaning conveyed by the text of the provision taking into account its context in the written law and the purpose or object underlying the written law leads to a result that is manifestly absurd or unreasonable.
[11/93]
(3)  Without limiting the generality of subsection (2), the material that may be considered in accordance with that subsection in the interpretation of a provision of a written law shall include —
(a)
all matters not forming part of the written law that are set out in the document containing the text of the written law as printed by the Government Printer;
(b)
any explanatory statement relating to the Bill containing the provision;
(c)
the speech made in Parliament by a Minister on the occasion of the moving by that Minister of a motion that the Bill containing the provision be read a second time in Parliament;
(d)
any relevant material in any official record of debates in Parliament;
(e)
any treaty or other international agreement that is referred to in the written law; and
(f)
any document that is declared by the written law to be a relevant document for the purposes of this section.
[11/93]
(4)  In determining whether consideration should be given to any material in accordance with subsection (2), or in determining the weight to be given to any such material, regard shall be had, in addition to any other relevant matters, to —
(a)
the desirability of persons being able to rely on the ordinary meaning conveyed by the text of the provision taking into account its context in the written law and the purpose or object underlying the written law; and
(b)
the need to avoid prolonging legal or other proceedings without compensating advantage.
[11/93]
Time of commencement of written law
10.
—(1)  A written law or a provision of a written law shall come into operation —
(a)
where a particular day for its coming into operation is specified by the written law or by a notification made under the written law, on the expiration of the previous day; or
(b)
where the day of its coming into operation is the date of its publication in the Gazette, on the expiration of the previous day.
[11/93]
(2)  Where a written law is to come into operation on a day specified by a notification made under the written law, the notification may specify different days for different provisions of the written law to come into operation.
[28/2000]
Effect of repeal of Act on subsidiary legislation made thereunder
11.  Where any Act or part of an Act is repealed, subsidiary legislation issued under or made in virtue thereof shall remain in force so far as it is not inconsistent with the repealing Act and unless the contrary intention appears until it has been revoked or replaced by subsidiary legislation issued or made under the provisions of the repealing Act.
Repeal of repealing laws
12.  Where any written law repealing in whole or in part any former written law is itself repealed, the last repeal shall not revive the written law or the provisions previously repealed, unless words be added reviving that written law or those provisions.
Repeal of amended law to include amendments
13.  Where any written law which has been amended by any other written law is itself repealed, such repeal shall be deemed to include the repeal of all written laws or parts of written laws by which the first-mentioned written law has been amended.
Repeal and substitution
14.  Where a written law repeals wholly or in part any former written law and substitutes other provision therefor, the repealed written law shall remain in force until the substituted provision comes into operation.
References to amended and re-enacted provisions
15.
—(1)  Where in any written law a reference is made to another written law, the reference shall, except where the context otherwise requires, be deemed to include a reference to the last-mentioned written law as the same may from time to time be amended.
(2)  Where any written law repeals and re-enacts, with or without modification, any provision of a former written law, then, unless the contrary intention appears —
(a)
any reference in any other written law to the provision so repealed shall be construed as a reference to the provision so re-enacted;
(b)
in so far as any subsidiary legislation made or other thing done under the provision so repealed, or having effect as if so made or done, could have been made or done under the provision so re-enacted, it shall have effect as if made or done under that provision.
[11/93]
Effect of repeal
16.
—(1)  Where a written law repeals in whole or in part any other written law, then, unless the contrary intention appears, the repeal shall not —
(a)
revive anything not in force or existing at the time at which the repeal takes effect;
(b)
affect the previous operation of any written law so repealed or anything duly done or suffered under any written law so repealed;
(c)
affect any right, privilege, obligation or liability acquired, accrued or incurred under any written law so repealed;
(d)
affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any written law so repealed; or
(e)
affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been passed.
(2)  A reference in this section to the repeal of a written law in whole or in part includes a reference to —
(a)
a repeal effected by implication;
(b)
the abrogation or limitation of the effect of the written law or part; and
(c)
the exclusion of the application of the written law or part to any person, subject-matter or circumstance.
[28/2000]
(3)  Where a written law expires, lapses or otherwise ceases to have effect, this section applies as if the written law had been repealed by another written law.
[28/2000]
(4)  A reference in this section to a part of a written law includes a reference to any provision of, or words, figures, drawings or symbols in, the written law.
[28/2000]
Construction of amending Act
17.  Where an Act amends or adds to any Act, the amending Act shall, so far as is consistent with the tenor thereof, and unless the contrary intention appears, be construed as one with the amended Act and as part thereof.
Effect of expiration of written law
18.  The expiration of a written law shall not affect any civil or criminal proceeding previously commenced under such written law, but every such proceeding may be continued and everything in relation thereto may be done in all respects as if the written law continued in force.