Interpretation Act
Interpretation Act
INTERPRETATION ACT
Chapter 1.02
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4 Repealed by Act 42 of 2010 ............................................................................ 10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12 References to repealed provisions .................................................................. 12
13 Repealed provisions in force until those substituted operate .......................... 12
14 Effect of repeal on repealed Act ..................................................................... 12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
SCHEDULE 19
ENDNOTES 20
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Interpretation Act CAP. 1.02 Section 1
C T
INTERPRETATION ACT
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
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Interpretation Act CAP. 1.02 Section 2
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Section 2 CAP. 1.02 Interpretation Act
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Interpretation Act CAP. 1.02 Section 3
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Section 4 CAP. 1.02 Interpretation Act
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.
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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.
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.
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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.
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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.
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.
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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.
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Interpretation Act CAP. 1.02 Section 21
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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
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
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Section 32 CAP. 1.02 Interpretation Act
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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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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
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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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