Acts Interpretation Act 1901

The Acts Interpretation Act 1901 is a foundational statute that sets out the rules for the interpretation of Commonwealth legislation. The Act provides definitions of commonly used terms, rules for the construction of legislation, and procedures for the making, commencement, and repeal of Acts and legislative instruments. The Act was substantially replaced for most purposes by the Legislation Act 2003, but remains in force for the interpretation of Acts enacted before 2005 and for certain specific purposes. Its core function — to provide a uniform set of interpretive rules — is essential to the coherent operation of Commonwealth law.

Legal area: Constitutional and governance law establishes the framework of government, electoral processes, and the rule of law, including the separation of powers and federal-state relations.

Year enacted: 1901

Full text: https://www.legislation.gov.au/Details/C1901A00002

Key Provisions

• Section 15AA: Interpretation best achieving the purpose or object of the Act
• Section 15AB: Use of extrinsic material in interpretation
• Part XII: Rules for the construction of legislation
• Section 22: Meaning of commonly used words and expressions
• Section 23: Powers and duties (exercise of statutory powers)
• Section 29: Commencement of Acts

Significance

Section 15AA of the Acts Interpretation Act is one of the most important provisions in Australian statutory interpretation, requiring courts to prefer an interpretation that promotes the purpose or object of an Act. This purposive approach, now standard in Australian law, was adopted from English interpretive principles. The Act also establishes the foundational rules for the exercise of statutory powers and the meaning of standard legislative language.