Interpretation Act (Chapter 2)

• Coming into Force: 16 September 1975
• Published date: 16 September 1975
• Revision Date: 01 October 2021

Contenidos

• Interpretation Act (Chapter 2)
• PART I.—PRELIMINARY.
• 1. Interpretation.
• 2. Application.
• PART II.—DEFINITIONS, RULES AND PRINCIPLES APPLICABLE TO ALL ACTS AND INSTRUMENTS .
• 2A. Laws to operate within boundaries, airspace, ships and aircraft.
• 3. Interpretation of terms.
• 4. References to offices, localities, etc.
• 4A. References to Subdistricts.
• 4B. References to "Administration Land", etc., in certain documents.
• 5. Meaning of "service by post", etc.
• 6. References to gender and number.
• 7. Changes of portfolios, etc.
• 7A. Changes of name of offices and statutory corporations.
• 8. Allocation of administration of statutory provisions, etc., to Departments.
• 9. * * * * *
• 10. * * * * *
• 11. Computation of time.
• 12. Provision where no time prescribed.
• 13. Measurement of distances.
• 14. Penalties prescribed to be maximum penalties.
• 15. Penalties at foot of sections, etc.
• 16. Default penalties.
• 17. Imprisonment.
• 18. Payment of fines, etc., to Consolidated Revenue Fund.
• 19. Corporations.
• 20. Offences under two or more laws.
• 21. Indictable offences.
• 22. Offences punishable on summary conviction.
• 23. Aiders and abettors.
• 24. Attempts to commit offences.
• 24A. Titles, enacting words, etc.
• 25. Sections and divisions of sections.
• 26. Headings, schedules, etc.
• 26A. Division and subdivision of schedules.
• 27. Deviation from forms.
• 28. Commencement by notice in the National Gazette.
• 29. Commencement on a specified day.
• 30. Commencement of words of commencement.
• 31. Rights of the State.
• 32. Continuing effect of powers and duties.
• 33. Powers and duties conferred on office-holders.
• 34. Exercise of power in respect of limited period.
• 35. Implied power to alter.
• 36. Implied power to remove or suspend.
• 37. Implied authority to administer oath.
• 38. Exercise of powers of committees, etc.
• 39. Powers of majority.
• 40. Interpretation of Division 8.
• 41. Effect of delegations.
• 42. Joint delegations.
• 43. Simultaneous delegations.
• 44. Exercise of delegated powers and functions based on opinion, etc.
• 45. Description as delegate.
• 46. Conditions and limitations on delegations.
• 47. Extra-territorial operation of delegations.
• 48. Commencement of certain delegations.
• 49. Continuing operation of delegations.
• 50. Revocation.
• 51. Consequential references.
• 52. Appointment by name or office.
• 53. Acting appointments.
• 54. Effect of appointments beyond statutory period.
• 55. Construction of amending provision.
• 56. * * * * *
• 57. * * * * *
• 58. Failure to omit all references.
• 59. * * * * *
• 60. Numbering of laws.
• 61. Citation of laws.
• 62. References to amended or substituted provisions.
• 63. Effect of repeal.
• 64. * * * * *
• 65. Substitution.
• 66. Repeal of repealing provision.
• 67. Expiration of provision.
• PART III.—RULES AND PRINCIPLES APPLICABLE ONLY TO ACTS.
• 68. Public Acts.
• 69. Effect of sections.
• 70. General power to make instruments, etc.
• 71. Exercise of powers, etc., before commencement.
• 72. References to "the Principal Act".
• 73. References to "the regulations", etc.
• PART IV.—RULES AND PRINCIPLES APPLICABLE ONLY TO LEGISLATIVE INSTRUMENTS.
• 74. Interpretation of Part IV.
• 75. Notification of certain instruments.
• 76. Commencement of certain instruments.
• 77. Meaning of expressions in legislative instruments.
• 78. * * * * *
• 79. Acts done under legislative instruments, etc.
• 80. Legislative instruments operating in part of the country only.
• 81. References to "the Act".
• 82. References to instrument being amended.
• 83. References to dates.
• 84. References to periods.
• 85. * * * * *
• 85A. * * * * *
• 86. * * * * *
• 87. Notification instead of full publication.
• 88. Publication in abbreviated form.
• 89. Date of effect of gazette notices.
• 90. Correction of gazette notices.
• 91. Re-making of disallowed instruments.
• PART V.—MISCELLANEOUS.
• 92. Position of certain meridians.
• 93. * * * * *
• 93A. * * * * *
• 93B. Citation or description of certain laws.
• 93C. Wrong use of "Act" or "Ordinance" in citation.
• 94. Evidence of certain matters.
• 95. * * * * *
• 96. * * * * *
• PART VI.—RULES AND PRINCIPLES APPLICABLE ONLY TO ADOPTED LAWS AND INSTRUMENTS .
• 97. * * * * *
• 98. "Native".
• 99.-105 * * * * *

Interpretation Act (Chapter 2)

[Interpretation Act (Chapter 2) consolidated to No 8 of 2020]

Whole act applied by National Pandemic Act 2020, section 2

Whole act applied by Emergency (Defence Force) (COVID-19) Act 2020, section 1

INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 2.

Interpretation Act.

Being an Act for the interpretation of Acts and instruments made under Acts, and for related purposes.

PART I.—PRELIMINARY.

1 Interpretation.

(1) In this Act, unless the context indicates otherwise, or some other meaning is clearly intended—

"legislative instrument" includes—

(a) a regulation; and

(b) a statute made under an Act; and

(c) rules of court; and

(d) standing orders; and

(e) a by-law; and

(f) an order in council; and

(g) a proclamation; and

(h) an order; and

(i) a notice; and

(j) a determination; and

(k) a rule;

"statutory provision" means the whole or any part of—

(a) an Act; or

(b) an adopted foreign law; or

(c) an instrument (whether of a legislative nature or not) made under an Act or an adopted foreign law; or

(d) an instrument (whether of a legislative nature or not) having effect by virtue of an instrument referred to in Paragraph (c).

(2) Unless the context indicates otherwise or some other meaning is clearly intended, a reference in this Act to a part of a statutory provision includes a reference to any portion of the provision, whether or not described in the provision as a part.

2 Application.

(1) Except where in this Act the context indicates otherwise, or some other meaning is clearly intended, this Act applies to every statutory provision (including this Act) whenever made or adopted.

(2) The rules contained in this Act apply in accordance with Subsection (1) unless the context of any particular statutory provision indicates otherwise, or some other meaning is clearly indicated by a particular statutory provision.

(3) This Act binds the State.

PART II.—DEFINITIONS, RULES AND PRINCIPLES APPLICABLE TO ALL ACTS AND INSTRUMENTS .

Added by No. 3 of 1977, s1.

There are two Division 1A's in Part I.

Division 1A.—Application as to Boundaries, Airspace, Ships and Aircraft.

2A Laws to operate within boundaries, airspace, ships and aircraft.

Added by No. 3 of 1977, s1.

(1) Subject to Subsection (2), it shall be presumed, unless the contrary intention appears, that a provision is intended to operate—

(a) throughout the land territory under the sovereignty of the State; and

Section 2A(1)(b) amended by Interpretation (Amendment) Act 2015 (No. 52 of 2015).

(b) within the area of the waters of Papua New Guinea; and

Section 2A(1)(c) amended by Interpretation (Amendment) Act 2015 (No. 52 of 2015).

(c) throughout the superjacent airspace of the land territory and the waters of Papua New Guinea; and

(d) in relation to all ships and aircraft (wherever located) which have Papua New Guinea nationality and in particular to all persons and things for the time being on board those ships and aircraft.

(2) Subsection (1) does not apply to—

(a) an adopted Act which embodies the terms of a pre-Independence law of the former Territory of Papua or of the former Territory of New Guinea; or

(b) a subordinate enactment made under an Act referred to in Paragraph (a); or

(c) provincial government laws, Local Government rules or to any other subordinate enactment made under a power which is limited to the making of statutory instruments to operate in or for the purposes of an area smaller than the country.

(3) This section shall not be construed—

(a) as limiting the operation which an adopted Act or subordinate enactment has apart from this section; and

(b) as extending any power to make subordinate enactments.

Division 1.—Words and References.

3 Interpretation of terms.

Amended by No. 3 of 1977, s2 and No. 39 of 1977 and post 1986 as stated in Notes within the Subsection.

(1) In any statutory provision—

"Act" means an Act of the Parliament;

"Act of Indemnity" means an Act made under Section 137 (Acts of Indemnity) of the Constitution;

"Acts of the Parliament" means a law (other than a Constitutional Law) made by the Parliament;

"adopted Act" means a pre-Independence law adopted by Section Sch. 2.6 (adoption of pre-Independence laws) of the Constitution;

"adopted foreign law" means a law of another country adopted as part of the law of the State otherwise than by virtue of Section Sch. 2.6 (adoption of pre-Independence Laws) of the Constitution;

"adopted law" means an adopted Act or an adopted subordinate enactment;

"adopted subordinate enactment" means a pre-Independence law adopted by Section Sch. 2.6 (adoption of pre-Independence laws) of the Constitution;

"affidavit", in the case of a person allowed by law to affirm, declare or promise instead of swearing, includes affirmation, declaration and promise;

"Affirmation of Allegiance" means the affirmation specified in Section 7 (Oath of Allegiance) of the Constitution;

Section 3 definition "archipelagic waters" amended by Interpretation...