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Where a document is sent by post it must be sent so as to arrive in due course of post on or before the last day on which such document is required to be served.
35. The Governor in Council may from time to time make all such Regulations. Regulations as may be necessary for giving full effect to this Act, and may by such Regulations impose a penalty not exceeding twenty pounds for any breach thereof. All such Regulations shall, upon publication in the Gazette, have the same effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever.
All such Regulations shall be laid before both Houses of Parliament within fourteen days after the publication thereof if Parliament is then sitting, or if Parliament is not then sitting then within fourteen days after the commencement of the next session thereof.
36. All offences against this Act or the Regulations may be pro- Recovery of secuted in a summary way before any two justices of the peace.
WRITS OF DEDIMUS.
*The Schedule amended sections 11, 25, 43, 46, 65, 73, 76, 78, 83, 87, and 134, and repealed sections 44 and 45 of the Railway Act of 1863 (27 Vic. No. 8); amended section 7 and repealed sections 8, 9, and 10 of "The Railway Act of 1864" (28 Vic. No. 24); amended section 4 and repealed sections 3, 5 to 17, 19, and Schedules A and B of "The Railway Amendment Act of 1872" (36 Vic. No. 21); and repealed sections 7 and 8 of "The Railway and Tramway Extensions Act, 1880" (44 Vic. No. 10), title Railways and Tramways.
Australasian Naturalisation Act, 1897 60 Vic. No. 1
THE FEDERAL COUNCIL INTERPRETATION ACT, 1886.
[ASSENTED TO 5TH FEBRUARY, 1886.]
E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Federal Council of Australasia, assembled at Hobart, in the Colony of Tasmania, and by the authority of the same as follows (that is to say):
1. This Act may for all purposes be cited as Interpretation Act, 1886,"
49 Vic. No. 1. THE FEDERAL COUNCIL INTERPRETATION ACT, 1886.
"The Federal Council Short title.
2. In all Acts of the Federal Council of Australasia the following Meanings of expressions shall have the meanings hereinafter respectively assigned certain words. to them (that is to say)
"The Federal Council of Australasia Act 1885"* shall mean 48 & 49 Vic.,
"The Federation" shall mean and include all Colonies in Aus- The Federation.
now existing or hereafter to be created, in respect of which
"Federal Council" shall mean the Federal Council of Austral- Federal
Repealed by the Commonwealth of Australia Constitution Act (63 & 64 Vict. c. 12), section 7, vol. Imperial Acts, title Constitution.
13 & 14 Vic., c. 21, s. 4.
include feminine &c.
Reckoning of time.
Australasian Colony" "shall mean and include the Colonies (including their respective dependencies) of Fiji, New South Wales, New Zealand, Queensland, South Australia, Tasmania, Victoria, and Western Australia, and any British Colonies which may be hereafter created within Her Majesty's possessions in Australasia:
"Act of the Federal Council" shall mean an enactment of the Federal Council duly assented to by or on behalf of Her Majesty:
"Act of Parliament" used with respect to any Colony shall include any Act of Council and Ordinance of the Legislature of such Colony:
"Government Gazette" used with respect to any Colony shall mean the Government Gazette, Royal Gazette, or other official gazette (as the case may be) of such Colony:
"Governor" shall mean the person for the time being administering the government of the Colony with respect to which the term is used:
"Governor in Council" shall mean the Governor acting with the advice of the Executive Council of the Colony with respect to which the term is used:
"Her Majesty" shall mean and include Her Majesty, her heirs and successors:
“Justice" shall mean a Justice of the Peace of the Colony with respect to which the term is used:
"Land" shall include land of any tenure and tenements and hereditaments corporeal or incorporeal, and houses and other buildings, also an undivided share in land:
"Month" shall mean calendar month, unless words are added showing a lunar month to be intended:
"Oath" and "affidavit" shall include affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing, and the word "swear" and other words relating to an oath or swearing shall be construed accordingly:
"Person" shall include corporation, unless there is something repugnant to or inconsistent with that interpretation: Property" shall include real and personal property and any estate or interest in any property real or personal, and any debt, and anything in action, and any other right or interest;
"Supreme Court shall mean the Court having unlimited jurisdiction in the Colony in question.
Words importing the masculine gender shall be deemed and taken to include females, and the singular to include the plural, and the plural the singular, unless the contrary as to gender or number is expressly provided.
3. The time prescribed or allowed in any Act for the doing of a particular thing shall in all cases be taken to exclude the day of the act or event from or after which the time is to be reckoned, but shall include the day for the doing of that thing. Provided that where that day falls on a Sunday, or on a Christmas Day, or Good Friday, the thing may be done on the day following.
Distance of space mentioned or indicated in an Act shall be com- Reckoning puted according to the nearest road ordinarily used in travelling, unless of distance. measurement in a direct line is expressed, or that construction is rendered necessary by the context.
4. When by any enactment a power is conferred on any officer or Where a power person by the word " "may" or by the words "it shall be lawful," or by and where not. the words "it shall or may be lawful" applied to the exercise of that power, such word or words shall be taken to import that the power may be exercised or not at discretion; but where the word "shall is applied to the exercise of any such power, the construction shall be that the power conferred must be exercised.
5. All Acts of the Federal Council shall be divided into sections if Acts to be in there are more enactments than one, which sections shall be deemed to sections. 13 & 14 Vic., be substantive enactments without any introductory words. c. 21, s. 2.
6. When in any Act of the Federal Council any Act of the Parlia- Mode of citing ment of England, or of Great Britain, or of the United Kingdom of Acts. 13 & 14 Vic., Great Britain and Ireland, or any Act of the Federal Council or Act of c. 21, s. 3. Parliament of any Australasian Colony is referred to, it shall be sufficient to name the Country, Federation, or Colony by whose Legislature such Act was passed, and to cite the year of the reign in which it was passed, and where there are more Statutes or Sessions than one in the same year the Statute or the Session (as the case may require), and where there are more chapters, numbers, or sections than one the chapter, number, or section, or chapter or number and section (as the case may require), without reciting the title of such Act, and the reference shall be made in the case of Acts passed by the respective Parliaments of England, Great Britain, and the United Kingdom of Great Britain and Ireland, according to the copies of Statutes printed by the Queen's Printer in London, or by the Government Printer of any of the Australasian Colonies, and in the case of Acts of the Federal Council according to copies of such Acts printed by the Government Printer of any of the Colonies of the Federation, and in the case of Acts of the Parliament of any of the Australasian Colonies according to the copies of such Acts printed by the Government Printer of such Colony. Provided that where it is intended to amend or repeal any portion only of a section of an Act, it shall be necessary either to recite such portion or to set forth the matter or thing intended to be amended or repealed.
c. 21 s. 5.
7. When an Act repealing in the whole or in part any former Act is Effect of repeal. itself repealed, such last repeal shall not revive the Act or provisions 13 & 14 Vic., before repealed unless words are added reviving such Act or provisions; 16., s. 6. and neither the repeal nor the expiration of an enactment shall affect any civil or criminal proceeding or any act, matter, or thing commenced to be done under the repealed or expiring Act, but the same may be continued under the repealed or expiring Act unless the provisions of the repealing Act otherwise indicate. And whenever an Act is made repealing in whole or in part any former Act and substituting some provision or provisions instead of the provision or provisions repealed, such provision or provisions so repealed shall remain in force until the substituted provision or provisions come into operation by force of the last made Act.
8. Whenever any person holding or occupying a particular office or position is mentioned or referred to in general terms, such mention or reference shall be taken to include all persons who at any time thereafter occupy for the time being such office or position.
Reference in general terms holding
particular office to include successors.