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Interpretation Act

The Interpretation Act provides definitions and rules for the interpretation of laws in the Kingdom of Tonga. It includes provisions on the commencement of Acts, references to public officers, and the validation of past acts. The Act aims to standardize legal language and ensure clarity in legal documents and proceedings.

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0% found this document useful (0 votes)
17 views22 pages

Interpretation Act

The Interpretation Act provides definitions and rules for the interpretation of laws in the Kingdom of Tonga. It includes provisions on the commencement of Acts, references to public officers, and the validation of past acts. The Act aims to standardize legal language and ensure clarity in legal documents and proceedings.

Uploaded by

philipjackson437
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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C T

INTERPRETATION ACT

Chapter 1.02

2020 Revised Edition


Interpretation Act CAP. 1.02 Arrangement of Sections

INTERPRETATION ACT
C T

Arrangement of Sections
Section
1 Short title........................................................................................................... 5
2 Definition .......................................................................................................... 5
3 When Acts come into force............................................................................... 9
4 Repealed by Act 42 of 2010 ............................................................................ 10
5 Reference to officer......................................................................................... 10
6 Certain references to include a Judge of the Supreme Court .......................... 10
6A Judge’s powers may extend ............................................................................ 10
7 Validation of Past Acts ................................................................................... 11
8 Schedule, tables and preamble ........................................................................ 11
9 Construction of power..................................................................................... 11
10 Power to make regulations .............................................................................. 11
11 Right of the Crown.......................................................................................... 12
12 References to repealed provisions .................................................................. 12
13 Repealed provisions in force until those substituted operate .......................... 12
14 Effect of repeal on repealed Act ..................................................................... 12
15 Other effects of repeal ..................................................................................... 13
16 Repeal by implication ..................................................................................... 13
17 Exercise of powers and duties......................................................................... 13
18 Construction of periods of time ...................................................................... 13
19 Counting of days ............................................................................................. 14
20 Tonga standard time........................................................................................ 14
21 Tongan language version of a law takes precedence ...................................... 15
22 Evidence of date of assent............................................................................... 15
23 Exercise of power between passing and commencement of Act .................... 15
24 Administration of Acts .................................................................................... 16
25 References in agreements to a Department, Minister, officer or body ........... 16
26 Service by post ................................................................................................ 16

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Arrangement of Sections CAP. 1.02 Interpretation Act

27 Exercise of powers, authority and functions by a delegate ............................ 17


28 Strict compliance with prescribed forms not essential ................................... 17
29 Penalties at foot of section or subsections ...................................................... 17
30 Offences under two or more laws................................................................... 17
31 Corporations liable to and may sue for penalties ........................................... 17
32 Total area of the Kingdom.............................................................................. 18
33 Amending to be construed with amended Act ............................................... 18
34 Construction of Acts to be subject to Constitution ......................................... 18

SCHEDULE 19
ENDNOTES 20

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Interpretation Act CAP. 1.02 Section 1

C T

INTERPRETATION ACT

AN ACT FOR SHORTENING THE LANGUAGE USED IN ACTS,


PROCLAMATIONS AND REGULATIONS1

Commencement [29th July, 1926]

1 Short title
This Act may be cited as the Interpretation Act.

2 Definition2
(1) In this Act and in every other Act and in all official, legal or public
documents enacted, made or issued before or after the commencement of
this Act, unless the contrary intention appears —
“Act” includes a proclamation, regulation, rule, notice or other instrument
made or issued in pursuance of an Act;3
“alien” means any person other than a naturalised or native born Tongan
subject;
“archipelagic waters” means any waters, other than internal waters,
enclosed by archipelagic baselines;4
“Cabinet” means the Cabinet of the Kingdom of Tonga;
“commencement” used with reference to an Act means the day on which
the Act comes into force;

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Section 2 CAP. 1.02 Interpretation Act

“Constitution” means the constitution of Tonga granted by his Majesty


King George Tupou I on the fourth day of November 1875 as amended
from time to time;5
“contiguous zone” has the meaning given to that expression by the
Maritime Zones Act;6
“continental shelf” has the meaning given to that expression by the
Maritime Zones Act;7
“district” means any division of the Kingdom thus defined in any Act or
proclamation;
“exclusive economic zone” has the meaning given to that expression by
the Maritime Zones Act;8
“financial year” means the period from and including the first day of July
to and including the thirtieth day of June next following;9
“Gazette” means the Tonga Government Gazette published by order of
the Government, including a supplement thereto, a Legal Gazette and an
Extraordinary Gazette so published, either in printed form or on an official
government internet site;10
“Government” means the Government of the Kingdom of Tonga;
“Governor” means a Governor appointed pursuant to clause 54 of the
Constitution;11
“Government Printer” includes any person authorised to print Acts and
other documents of the Government;12
“His Majesty,” “The King” means His Majesty the King of Tonga or the
Sovereign reigning for the time being over the Kingdom of Tonga;
“historic waters” has the meaning given to that expression by the
Maritime Zones Act;13
“Internal waters” means —
(a) in respect of archipelagic waters, all waters landward of the
closing lines; and
(b) in any other case, all waters landward of any baselines;14
“Kingdom” means the Kingdom of Tonga;
“land” includes the hereditary estates of nobles and matapules, tax and
town allotments, leaseholds and interests in lands of every description;
“Legislative Assembly” and “Speaker of the Legislative Assembly”
means respectively the Legislative Assembly of Tonga and the Speaker of
the Legislative Assembly of Tonga;

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Interpretation Act CAP. 1.02 Section 2

“maritime cultural zone” has the meaning given to that expression by


the Maritime Zones Act;15
“maritime zones” means the —
(a) archipelagic waters;
(b) contiguous zone;
(c) exclusive economic zone;
(d) continental shelf;
(e) historic waters;
(f) internal waters;
(g) maritime cultural zone; and
(h) territorial sea;16
“master” used with reference to a ship means any person (other than a
pilot or harbour master) having for the time being control of the ship;
“Minister” means a Cabinet Minister of the Kingdom of Tonga and in an
Act “the Minister” means the Minister having responsibility for the
administration of that Act;17
“Minister of Finance” includes the Treasurer and the Chief
Commissioner of Revenue;18
“month”, means calendar month;
“oath,” “swear” and “affidavit” includes the affirmation and declaration
of any person allowed by law to affirm or declare instead of swearing;
“officer” or “Public officer” means any person, other than a labourer, in
the permanent or temporary employment of the Government;19
“person” includes any body of persons corporate, or unincorporate;
“personal luggage” or “personal effects” means luggage personal to the
use of the person bringing them with him into the Kingdom, not including
furniture, household effects or merchandise. In cases of dispute the
decision of the Controller of Customs shall be final;20
“police officer,” “Peace officer” and “constable” includes any member
of the Police Force of the Kingdom of Tonga;
“Prime Minister” means the Prime Minister of the Kingdom of Tonga;21
“Privy Council” means the Privy Council of the Kingdom of Tonga;
“public holiday” includes any day which under the provisions of any Act
is to be observed as a public holiday;

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Section 2 CAP. 1.02 Interpretation Act

“registered” used with reference to a document means registered under


the provisions of the law for the time being applicable to the registration
of such document;
“section” and “schedule” mean respectively, a section of and schedule to
the Act in which the word occurs;
“sign” shall in regard to a person who is unable to write his name include
“mark”;
“subsection” means a subsection of the section in which the word occurs;
“ship” and “vessel” includes every description of vessel used for the
conveyance of human beings or goods by water not exclusively propelled
by oars;
“territorial sea” has the meaning given to that expression by the
Maritime Zones Act;22 and
“Tongan water” means —
(a) the archipelagic waters;
(b) the internal waters;
(c) the historic waters;
(d) the territorial sea;
(e) the contiguous waters; and
(f) the waters of the exclusive economic zone.23
(2) Words importing the masculine gender shall include females.
(3) Words importing the singular shall include the plural and vice versa.
(4) Words referring to writing shall include references to printing, lithography
or other modes of representing or reproducing words in a visible form.
(5) The style “Premier”, wherever it appears in the English version of an Act
(including this Act) or of an official Government writing, is omitted and
the style “Prime Minister” inserted in its stead; and a reference in that Act
or official Government writing to Premier shall be read and construed as a
reference to Prime Minister.24
(6) The style “Secretary to Government” where it appears in any Act
(including this Act) or in any official Government writing, is omitted and
the style “Chief Secretary and Secretary to Cabinet” inserted in its stead;
and a reference in that Act or official Government writing to “Secretary to
Government” shall be read and construed as a reference to “Chief
Secretary and Secretary to Cabinet.25
(7) The style “Crown Solicitor” wherever it appears in any Act (including this
Act) or in any official Government writing, is omitted and the style
“Solicitor-General” inserted in its stead; and a reference in that Act or

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Interpretation Act CAP. 1.02 Section 3

official Government writing to “Crown Solicitor” shall be read and


construed as a reference to “Solicitor-General”.26
(8) The style “Chief Medical Officer” wherever it appears in any Act
(including this Act) or in any official Government writing, is omitted and
the style “Director of Health” inserted in its stead; and a reference in that
Act or official Government writing to “Chief Medical Officer” shall be
read and construed as a reference to “Director of Health”.27
(9) The styles “Minister of Marine” and “Minister responsible for the Ports
Administration Department” wherever they appear in any Act (including
this Act) or in any official Government writing, are omitted and the style
“Minister of Marine and Ports” inserted in their stead; and a reference in
that Act or official government writing to “Minister of Marine” or
“Minister responsible for the Ports Administration Department” shall be
read and construed as a reference to “Minister of Marine and Ports”.28
(10) The styles “Director of Marine”, “Chief Harbour Master” and “Harbour
Master” wherever they appear in any Act (including this Act) or in any
official Government writing, are omitted and the style “Secretary for
Marine and Ports” inserted in their stead; and a reference in that Act or
official government writing to “Secretary for Marine”, “Chief Harbour
Master” or “Harbour Master” shall be read and construed as a reference to
“Secretary for Marine and Ports”.29
(11) The style “Minister of Agriculture, Forests and Fisheries” wherever it
appears in any Act (including this Act) or in any official Government
writing, is omitted and the style “Minister of Agriculture and Forests”
inserted in its stead; and a reference in that Act or official Government
writing to “Minister of Agriculture, Forests and Fisheries” shall be read
and construed as a reference to “Minister of Agriculture and Forests”.30
(12) The styles “Minister of Civil Aviation”, “Minister of Marine and Ports”,
and “Secretary for Marine and Ports” wherever they appear in any Act
(including this Act) or in any official Government writing, are omitted and
the style “Minister for Transport” inserted in their stead; and a reference
in that Act or official Government writing of “Minister of Civil Aviation”
or “Minister of Marine and Ports” or “Secretary for Marine and Ports”
shall be read and constituted as a reference to “Minister for Transport”.31

3 When Acts come into force32


(1) An Act to which His Majesty's Assent has been given shall come into
operation on the day of publication in the Gazette, unless the contrary
intention appears.

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Section 4 CAP. 1.02 Interpretation Act

Provided that Acts pursuant to clause 79 of the Act of Constitution of


Tonga (Cap. 2), shall come into operation on the day it is signed by His
Majesty.
(2) Where an Act comes into operation in accordance with subsection (1), or
part of that Act, is expressed to come into operation on a particular day,
that Act or that part, as the case may be, comes into operation
immediately on the expiration of the last preceding day.

4 Repealed by Act 42 of 2010

5 Reference to officer33
(1) When reference is made in any Act, regulations or other law to any
Minister or other public officer by the title of his or her office, such term
shall —
(a) be construed and taken to be a reference to the current title of the
Minister or other public officer who is currently primarily
responsible for carrying out the duties referred to in that law; and

(b) include the officer for the time being performing the duties of such
office and such other officer as may from time to time be appointed
to undertake any portion of such duties.34
(2) Where an Act confers a power of appointment to an office it shall be
construed as including a power to make an acting or temporary
appointment to such office whenever the substantive holder of such office
be unable, by reason of illness, absence or other cause to fulfil the duties
of his office, or whenever there is no substantive holder of such office.

6 Certain references to include a Judge of the Supreme Court


Wherever in any Act of the Legislative Assembly, Regulation, Rule, Order,
Notice or other official Government writing reference is made to the Chief
Justice the words “Chief Justice” shall be deemed to include a Judge of the
Supreme Court save and except in those Acts of the Legislative Assembly,
Regulations, Rules, Orders, Notices or other official Government writings
referred to in the Schedule hereto.35

6A Judge’s powers may extend36


Notwithstanding the expiry of any period for which a person is authorised to act
as a judge of a particular court —

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Interpretation Act CAP. 1.02 Section 7

(a) he may attend at that court for the purpose of continuing to deal
with, giving judgment in, or dealing with any ancillary matter
relating to, any case begun before him while acting as a judge of
that court; and
(b) for that purpose, and for the purpose of any proceedings arising out
of any such case or matter, he shall be deemed to be a judge of
that court.

7 Validation of Past Acts


Any order, act, deed or thing made or done by a Judge of the Supreme Court
prior to the coming into force of the Judges of the Supreme Court Act, 1952,
which if it had been made or done by the Chief Justice in pursuance of any Act
of the Legislative Assembly, Regulation, Rule, Order, Notice or other official
Government writing save those referred to in the Schedule hereto shall be as
valid and effectual as though the same had been made or done by the Chief
Justice.37

8 Schedule, tables and preamble


(1) Every Schedule or table to any Act or to a part of any Act shall together
with any notes thereto be construed and have effect as part of the Act.
(2) The preamble of any Act may be referred to for assistance in explaining
its scope and object.

9 Construction of power
When in any Act, regulation or proclamation power is given to any person to do
or enforce the doing of any act or thing, all such powers shall be understood to
be given as are reasonably necessary to enable any person to do or enforce the
doing of the act or thing.

10 Power to make regulations


When in any Act which is now or may hereafter be in force power is given to
any authority to make rules or regulations, the following provisions shall, unless
in any case the contrary is expressly provided or by necessary implication
appears to be intended, have effect with reference to the making and operation of
the rules and regulations —
(a) the power to make rules and regulations shall include the power to
make forms if necessary;

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Section 11 CAP. 1.02 Interpretation Act

(b) there may be annexed to the breach of any rule such fine not
exceeding $10 as the rule making authority may think fit, and any
such fine may be recovered according to the law for the time being
in force regulating the procedure before magistrates;
(c) any rule or regulation may at any time be altered or rescinded by
the same authority and in the same manner by and in which it was
made;
(d) no rule or regulation shall be inconsistent with the provisions of any
Act;
(e) all rules or regulations shall be published in the Gazette:
Provided that it shall be sufficient compliance with this requirement
if a Gazette contains a note that rules, regulations or other
subsidiary legislation is published with the Gazette and is available
for purchase or perusal at a place specified in the note;38
(f) the production of a copy of the Gazette containing any rule or
regulation purporting to be printed by the Government Printer shall
be prima facie evidence in all courts and for all other purposes
whatsoever of the due making and tenor of the rule or regulation.

11 Right of the Crown


No Act shall be deemed to affect in any manner whatsoever the right of the
Crown unless it is therein expressly stated or unless it appears by necessary
implication that the Crown is bound thereby.

12 References to repealed provisions


Where an Act repeals and re-enacts (with or without modification) any
provisions of a former Act, references in any other Act or in any proclamation or
regulation to the provisions so repealed shall, unless a contrary intention
appears, be construed as references to the provisions so re-enacted.

13 Repealed provisions in force until those substituted operate


Whenever any Act repeals wholly or in part a former Act and substitutes therefor
some new provision, the repeal shall not take effect until the substituted
provision comes into operation.

14 Effect of repeal on repealed Act


Whenever any Act repealing either in whole or in part a former Act is itself
repealed the repeal shall not in the absence of any express provision to the

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Interpretation Act CAP. 1.02 Section 15

contrary revive or be deemed to have revived the repealed Act or any right,
office, privilege, or matter not in force or existing when the repealing Act comes
into operation.

15 Other effects of repeal


Whenever any Act repeals either in whole or in part a former Act the repeal shall
not, in the absence of any express provision to the contrary, affect or be deemed
to have affected —
(a) the past operation of or anything duly done or suffered under the
repealed Act;
(b) any offence committed, or any right, liberty, obligation or penalty
acquired or incurred under the repealed Act;
(c) any action, proceeding, or thing pending or incompleted when the
repealing Act comes into operation; but every such action,
proceeding or thing may be carried on and completed as if there had
been no such repeal.

16 Repeal by implication
Whenever any Act is passed which contains provisions irreconcilable with but
does not expressly repeal an existing Act, then the provisions in such existing
Act which are irreconcilable with the provisions of the new Act shall be held to
be impliedly repealed.

17 Exercise of powers and duties


Whenever by any Act a power is conferred or a duty imposed, then unless the
contrary appears to be intended the power may be exercised and the duty shall
be performed from time to time as occasion requires.

18 Construction of periods of time


(1) Where a limited time from any date or from the happening of any event is
appointed or allowed by any Act, proclamation or regulation for the doing
of any act or the taking of any proceeding in a court or office, and the last
day of the limited time is a day on which the court or office is closed,
then, unless the contrary intention appears, the act or proceeding shall be
considered as done or taken in due time if it is done or taken on the next
day afterwards on which the court or office is open.
(2) Where by any Act, proclamation or regulation any act or proceeding is
directed or allowed to be done or taken in a court or office on a certain

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Section 19 CAP. 1.02 Interpretation Act

day and the court of office is closed on that day, then, unless the contrary
intention appears, the act or proceeding shall be considered as done or
taken in due time, if it is done or taken on the next day afterwards on
which the court or office is open.
(3) Where a limited time not exceeding 6 days from any date or from the
happening of any event is appointed or allowed by any Act, proclamation
or regulation for the doing of any act or the taking of any proceeding in a
court or office, then, unless the contrary intention appears, every
intervening Sunday and public holiday shall be excluded from the
computation of the time.
(4) Where by any Act, proclamation or regulation a day is named for the
doing or taking of any act or proceeding (other than an act or proceeding
to be done or taken in a court or office) or for the happening of an event,
and that day falls upon a Sunday or public holiday, then, unless the
contrary intention appears, the Act, proclamation or regulation shall be
read as if the first lawful day next succeeding the Sunday or public
holiday has been named.

19 Counting of days
In every case in which an Act prescribes a particular number of days from a
particular day or date for the doing of any act or for any other purpose, then in
reckoning such number of days the specified day or date shall be excluded
therefrom.
Illustrations —
The law provides that 14 days from the date of judgment are to be allowed
for payment of fines. The first of the 14 days is the day following that on
which judgment was given.
If an Act provides that 10 days from March 31st are to be allowed for
doing a certain act, the last day for doing that act will be April 10th.

20 Tonga standard time


Thirteen hours in advance of Greenwich Mean Time shall be deemed and is
hereby declared to be standard time throughout the Kingdom, unless otherwise
declared by Cabinet. Whenever an expression of time occurs in any official or
legal document and whenever the doing or not doing anything at a certain time
of day or night or during a certain part of the day or night has an effect in law
such time shall unless it is otherwise specifically stated be held to be standard
time throughout the Kingdom as declared by this section.39

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Interpretation Act CAP. 1.02 Section 21

21 Tongan language version of a law takes precedence40


Where it appears to a court that the Tongan language version of a provision in an
Act differs in meaning from the English language version of that same
provision —
(a) the court may give the provision its correct meaning and act
accordingly if it considers that there has been a simple clerical error
or error in translation; or
(b) the court shall treat the Tongan language version of that provision
as giving the true meaning of the law if it considers that the
difference in meaning goes beyond a simple clerical error or error
in translation.

22 Evidence of date of assent


The date appearing on the copy of an Act printed by the Government Printer and
purporting to be the date on which His Majesty's Assent was given to that Act is
evidence that date was the date on which His Majesty's Assent was given to
that Act.41

23 Exercise of power between passing and commencement of Act


Where an Act which is not to come into operation immediately in accordance
with section 3 confers power —
(a) to make an appointment;
(b) to make, grant or issue an instrument (including a, proclamation,
order, warrant, scheme, rules, regulations or by-laws);42
(c) to give notices;
(d) to prescribe forms; or
(e) to do any other thing,
for the purposes of the Act, that power may, unless the contrary intention
appears, be exercised at any time after publication in the Gazette or signing by
His Majesty, as the case may be pursuant to section 3, so far as may be
necessary or expedient for the purpose of bringing the Act into operation at the
date of its commencement; but an appointment made, an instrument made,
granted or issued, a notice given, a form prescribed or a thing done under that
power shall not, unless the contrary intention appears in the Act or the contrary
is necessary for bringing the Act into operation, have any effect until the Act
comes into operation.43

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Section 24 CAP. 1.02 Interpretation Act

24 Administration of Acts
Where in any Act it is provided that the Act shall be administered by a specified
Minister, or shall be administered, controlled or carried into effect by a special
Department of Government —
(a) the reference to that Minister shall be read as a reference to any
Minister to whom the administration of the Act is allotted and shall
be deemed to include any Minister for the time being acting for and
on behalf of the Minister to whom the administration of the Act is
so allotted;44 and
(b) the reference to that Department shall be read as a reference to any
Department of Government to which the administration of the Act
is allotted.45

25 References in agreements to a Department, Minister, officer or body


Where an agreement is or has been entered into by or on behalf of the Kingdom
and, after the date of the agreement, the functions of a Department of the
Government in relation to the administration of matters to which the agreement
relates (in this section referred to as “the former Department”) are to have been
allotted to another Department (in this section referred to as “the new
Department”) —
(a) any reference in the agreement to the Minister administering the
former Department shall be read as a reference to the Minister
administering the new Department;46
(b) any reference in the agreement to the former Department shall be
read as a reference to the new Department; and
(c) any reference in the agreement to an officer or body of persons
shall be read as a reference to —
(i) any other officer or body for the time being exercising the
powers or performing the functions of the first-mentioned
officer or body; or
(ii) such other officer or body as the last mentioned Minister
specified.47

26 Service by post
Where an Act authorises or requires any document to be served by post, whether
the expression “serve”, “give” or “send” or any other expression is used then,
unless the contrary intention appears, the service shall be deemed to be effected
by properly addressing, prepaying and posting the document as a letter and,
unless the contrary is proved, to have been effected at the time at which the
document so posted would be delivered in the ordinary course of post.48

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Interpretation Act CAP. 1.02 Section 27

27 Exercise of powers, authority and functions by a delegate


Where under an Act a person is authorised to delegate to another any of the
powers, authority and functions conferred on him by that Act and any of those
powers, authority or functions have been delegated in pursuance of that Act
then, unless the contrary intention appears, the power, authority or function
delegated may be exercised or performed by the delegate but the delegation is
revocable at will and does not prevent the exercise of the power or authority or
the performance of the function by the delegator.49

28 Strict compliance with prescribed forms not essential


Except as is otherwise expressly provided, where a form is prescribed pursuant
to an Act, strict compliance with the form is not essential but substantial
compliance is sufficient.50

29 Penalties at foot of section or subsections


Where in an Act a penalty is specified —
(a) at the foot of a section of the Act; or
(b) at the foot of a subsection of the Act but not at the foot of the
section,
the penalty indicates that a contravention of the section or of the subsection as
the case may be, whether by act or omission, is an offence against the Act and,
unless the contrary intention appears, is punishable upon conviction by a penalty
not exceeding the penalty specified.51

30 Offences under two or more laws


Where an act or omission constitutes an offence under two or more Acts the
offender shall, unless the contrary intention appears, be liable to be prosecuted
and punished under either of those Acts but shall not be liable to be punished
twice for the same offence.52

31 Corporations liable to and may sue for penalties


(1) Every provision in every Act relating to offences punishable on conviction
shall unless the contrary intention appears, be deemed to refer to bodies
corporate as well as to persons, but where the penalty prescribed in
respect of any offence is a term of imprisonment only, the court before
which the offence is tried may, if it thinks fit, in the case of a body
corporate, impose a pecuniary penalty, not exceeding —

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Section 32 CAP. 1.02 Interpretation Act

(a) where the term of imprisonment does not exceed 6 months—


$5,000;
(b) where the term of imprisonment exceeds 6 months but does not
exceed one year —$10,000;
(c) where the term of imprisonment exceeds one year but does not
exceed two years —$20,000; and
(d) where the term of imprisonment exceeds two years—$30,000.53
(2) Where under any Act any forfeiture or penalty is payable to a party
aggrieved, it shall be payable to a body corporate where the body
corporate is the party aggrieved.54

32 Total area of the Kingdom55


Where in an Act the expression “extent and boundaries”, “limits” or any other
expression whatsoever is used in relation to the Kingdom to denote the total area
of the Kingdom, that expression shall be construed to mean —
(a) the total area bounded by the fifteenth and twenty-third and half
degrees of south latitudes and the one hundred and seventy-third
and the one hundred and seventy-seventh degrees of west longitude,
and the area bounded by the Proclamation made on the 15th day of
June, 1972 affirming and proclaiming Teleki Tokelau and Teleki
Tonga part of the Kingdom; and
(b) so much of the submerged lands lying within the archipelagic
waters, internal waters, territorial sea and historical waters of the
Kingdom as is not within the areas mentioned in paragraph (a).

33 Amending to be construed with amended Act


Every Act amending another Act shall, unless the contrary intention appears, be
read and construed with that other Act and as part of that other Act.56

34 Construction of Acts to be subject to Constitution


Every Act shall be read and construed subject to the Constitution and so as not to
exceed the legislative power of the Kingdom to the intention that where an Act
would, but for this section, have been construed as being in excess of that power,
that Act shall nevertheless be valid to the extent to which that Act is not in
excess of that power.57

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Interpretation Act CAP. 1.02 SCHEDULE

SCHEDULE
Sections (6 & 7)
The Constitution.
The Court of Appeal Act.
The Supreme Court Act.
The Government Act.
The Land Act.
His Majesty’s Annual Estimates.

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2020 Revised Edition Page 19
Endnotes CAP. 1.02 Interpretation Act

ENDNOTES

1
1988 Revised Edition Chapter 1, Acts No. 6 of 1903 (Ss.319 and 320), 9 of 1926, 10 of 1942, 6
of 1945, Ord. No. 2 of 1915, Acts No. 11 of 1952, No. 9 of 1960, No. 6 of 1971, No. 1 of 1972,
No. 28 of 1974, No. 11 of 1978, No. 28 of 1978, No. 13 of 1985, No. 17 of 1986
Amendments after 1988
Amending Acts Commencement
Act 30 of 1978 1 October 2007 (LN 4/2007)
Act 6 of 1994 1 July 1994
Act 16 of 1995 29 November 1995
Act 7 of 1999 11 August 1999
Act 12 of 2001 2 November, 2001
Act 41 of 2002 GS 11/2003
Act 17 of 2007 2 November, 2007
Act 14 of 2008 19 February 2009
Act 7 of 2009, 21 May 2010
Act 13 of 2009 26 July 2013
Act 42 of 2010 24 November 2010
Act 46 of 2010 24 November, 2010
Act 16 of 2016 2 December 2016 (GE 50/2016)
Act 6 of 2020 3 August 2020

2
Amended by Act 41 of 2002
3
Substituted by Act 6 of 1971; Amended by Act 46 of 2010
4
Inserted by Act 13 of 2009
5
Inserted by Act 6 of 1971
6
Cap.01.22, Inserted by Act 13 of 2009
7
Cap.01.22, Inserted by Act 13 of 2009
8
Cap.01.22, Inserted by Act 13 of 2009
9
Amended by Ord. 2 of 1915
10
Substituted by Act 7 of 2009
11
Inserted by Act 6 of 1971
12
Inserted by Act 6 of 1971 and Replaced by Act 16 of 2016
13
Cap.01.22, Inserted by Act 13 of 2009
14
Inserted by Act 13 of 2009

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Interpretation Act CAP. 1.02 Endnotes

15
Cap.01.22, Inserted by Act 13 of 2009
16
Inserted by Act 13 of 2009
17
Amended by Act 46 of 2010
18
Inserted by Act 17 of 2007
19
Inserted by Act 3 of 1946
20
Inserted by Act 3 of 1946
21
Inserted by Act 6 of 1971
22
Cap.01.22, Inserted by Act 13 of 2009
23
Inserted by Act 13 of 2009
24
Inserted by Act 6 of 1971
25
Inserted by Act 13 of 1985
26
Inserted by Act 13 of 1985
27
Inserted by Act 17 of 1986
28
Inserted by Act 6 of 1994
29
Inserted by Act 6 of 1994
30
Inserted by Act 16 of 1995
31
Inserted by Act 14 of 2008
32
Substituted by Act 16 of 2016
33
Inserted by Act 10 of 1942
34
Replaced by Act 6 of 2020
35
Inserted by Act 11 of 1952; Amended by Act 46 of 2010
36
Inserted by Act 17 of 2007
37
Inserted by Act 11 of 1952; Amended by Act 46 of 2010
38
Proviso inserted by Act 7 of 2009
39
Inserted by Act 6 of 1945; Amended by Acts 9 of 1960, 7 of 1999 and 42 of 2010; see also GS
9/2002
40
Substituted by Act 7 of 2009
41
Inserted by Act 6 of 1971
42
Amended by Act 42 of 2010
43
Inserted by Act 6 of 1971 and mended by Act 16 of 2016
44
Amended by Act 42 of 2010
45
Inserted by Act 6 of 1971; Amended by Act 42 of 2010
46
Amended by Act 42 of 2010
47
Inserted by Act 6 of 1971
48
Inserted by 6 Act of 1971

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Endnotes CAP. 1.02 Interpretation Act

49
Inserted by Act 6 of 1971
50
Inserted by Act 6 of 1971
51
Inserted by Act 6 of 1971
52
Inserted by Act 6 of 1971
53
Amended by Act 12 of 2001
54
Inserted by Act 6 of 1971
55
Inserted by Act 13 of 2009
56
Inserted by Act 6 of 1971
57
Inserted by Act 6 of 1971

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