(4)Where a power to appoint a person to a specified office, or to establish a specified body of persons, is exercised as provided in subsection (1) or subsection (2), the person so appointed may act in that office, or, as the case may be, the body so established may meet and perform and exercise its functions, duties, and powers, but only for purposes referred to in subsection (1) or (2) (whichever of those subsection is applicable); and for the purposes of any provision as to the duration of the term is deemed not to begin until the relevant provision referred to in subsection (1) or (2), as the case may be, commences. Reckoning of months (1)Where a written law confers or imposes a function upon a body or number of persons consisting of not less than three persons, the function may be performed by a majority of those persons. where a period of time is expressed to be at, on, or with a specified day, that day shall be included in the period; where a period of time is expressed to be reckoned from, or after, a specified day, that day shall not be included in the period; where anything is to be done within a time before a specified day, the time shall not include that day; where a period of time is expressed to end at, on, or with a specified day or to continue to or until a specified day, that day shall be included in the period; where the time limited for the doing of a thing expires or falls upon an excluded day, the thing may be done on the next day that is not an excluded day; where there is a reference to a number of clear days or "at least" or "not less than" a number of days between two events, in calculating the number of days there shall be excluded the days on which the events happen; where there is a reference to a number of days not expressed to be clear days or "at least" or "not less than" a number of days between two events, in calculating the number of days there shall be excluded the day on which the first event happens and there shall be included the day on which the second event happens; For the purposes of this section, "excluded day" means Saturday, Sunday or, For example: a period of 6 months beginning on 15 August ends on 14 February and a period of 6 months beginning on 30 or 31 August ends on 28 February (or 29 February in a leap, Where no time is fixed or allowed within which an, Subject to subsection (1) this section applies to written laws passed or made after the, Except as is otherwise provided, wherever forms are, In the measurement of any distance for the purposes of a, Any civil or criminal proceedings taken by or against any, The imposition of a penalty or fine by or, Where a fine or other penalty is recoverable, Except where otherwise expressly provided, where the penalty, where a term of imprisonment not exceeding six months is, where a term of imprisonment exceeding six months but not exceeding one, where a term of imprisonment exceeding one, where a term of imprisonment exceeding three years is, Nothing in this section shall affect any provision in any, Wherever the fiat, sanction or consent of any, The functions of the Director of Public Prosecutions may, in his absence from headquarters office or incapacity to, is specified without qualification at the foot of a section of the, is specified at the foot of a subsection of a section of the, is specified at the foot of a section of the. Acts to be public Acts Tonga (1)Where in a written law a time is fixed or allowed for doing any act or thing or taking any proceeding and power is given to a court or other authority to extend that time, such power may be exercised by the court or other authority although the application for an extension is not made until after the expiration of the time fixed or allowed. (3)Where any reduction, waiver or refund, in whole or in part, of any fee or charge is provided for by subsidiary legislation, such reduction, waiver or refund may be expressed to apply or be applicable either generally or specifically (a)in respect of certain matters or transactions or classes of matter or transaction;(b)in respect of certain documents or classes of document;(c)when any event happens or ceases to happen;(d)in respect of certain persons or classes of person; or(e)in respect of any combination of such matters, transactions, documents, events, or persons, and may be expressed to apply or to be applicable subject to such conditions as may be specified in the subsidiary legislation or in the discretion of any person specified in the subsidiary legislation. (2)The provisions of this Act shall apply to, and in relation to, every written law, and every public document whether the law or public document was enacted, passed, made or issued before or after the commencement of this Act, unless in relation to a particular written law or document(a)express provision to the contrary is made in an Act;(b)in the case of an Act, the intent and object of the Act or something in the subject or context of the Act is inconsistent with such application; or(c)in the case of subsidiary legislation, the intent and object of the Act under which that subsidiary legislation is made is inconsistent with such application. Notwithstanding section 14, where an Act provides that the Act, or portion of the Act, is to come into operation on a day to be fixed by notice, that provision and the provision providing for the short title of the Act, unless it is otherwise expressly provided, shall come into operation on the day on which the Act receives the Presidential Assent.17. (2)Where in a provision of an Act reference is made to a subsection, paragraph, subparagraph or other division without anything in the context to indicate that a reference to a subsection, paragraph, subparagraph or other division of some other provision is intended, the reference shall be construed as a reference to a subsection, paragraph, subparagraph, or other division of the provision in which the reference is made. In relation to a written law passed or made after the commencement of this Act, but subject to section 2(4), "or", "other" and "otherwise" shall be construed disjunctively and not as implying similarity unless the word "similar" or some other word of like meaning is added.Part III Commencement and citation of laws And it helps resolve debates over constitutional interpretation and construction, explaining how construction can go beyond the text but not beyond the law. What is Case Law. endobj 9 0 obj (4)Notwithstanding any provision in any Act to the contrary, if the National Assembly at any time passes a resolution amending any such regulation or substituting another regulation or part of a regulation for that which has been disallowed by the National Assembly under subsection(2), then on the passing of any such resolution(a)amending a regulation or part of a regulation the regulation or part of a regulation so amended shall, after the expiration of seven days from the publication in the Gazette of the notice provided for in subsection (5), take effect as so amended;(b)substituting a regulation or part of a regulation in place of a regulation so substituted shall, after the expiration of seven days from the publication in the Gazette of the notice provided for in subsection (5), take effect in place of that for which it is so substituted. IOS2601 ASS1 S1 2019 - Assignment one of Interpretation of Statutes in the 2019 academic year. 2]"Regional Commissioner" means a person appointed by the President to be a regional commissioner, and "the Regional Commissioner" means the regional commissioner of the region concerned;"regulation" means a regulation made under the Act in which the term is used;"repeal" includes rescind, revoke, cancel or delete;"the Republic" means the Republic of Tanganyika and includes the United Republic;"resident magistrate" means a resident magistrate of any grade appointed as such under the Magistrates Courts Act;[Cap. (7)Where a written law which empowers or directs the making of regulations by a person other than the President and requires that the regulations be confirmed or approved by the President or by any other person or institution before having the force of law, subsection (1) does not apply to such regulations unless they are confirmed or approved as so required. Papua New Guinea any of the subsections, is an offence and that the offence is punishable on conviction by a penalty not exceeding that so specified.81. Where a written law repeals an enactment and substitutes provisions for the repealed enactment the repealed enactment remains in operation until the substituted provisions come into operation.31. 2]"proclamation" means proclamation made by the President and published in the Gazette;"publication" means(a)all written and printed matter;(b)any record, tape, wire, perforated roll, cinematograph film or image or other contrivance by means of which any words or ideas may be mechanically, electronically, or electrically produced, reproduced, represented, or conveyed;(c)anything whether of a similar nature to that described in paragraph (b) of this definition or not, containing any visible representation, or by its form, shape, or in any manner, capable of producing, reproducing, representing, or conveying words or ideas; and(d)every copy and reproduction of a publication as defined in paragraph (a), (b), or (c);"public corporation" means a body corporate established by or under any written law, other than the Companies Act, and includes a corporation sole so established;[Cap. Australia Effective date of commencement provisions where notice of commencement required (1)In a written law, "rules of court" in relation to any court, means rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of such court. -$1_^dfc2` 16 0 obj Cyprus Service of documents generally <> w|SpVyXj)#3l@/@*Sw$\hVla%5+LT?+yZ+Vp@F? (7)Where a written law which empowers or directs the making of regulations by a person other than the President and requires that the regulations be confirmed or approved by the President or by any other person or institution before having the force of law, subsection (1) does not apply to such regulations unless they are confirmed or approved as so required. (3)Except where otherwise expressly provided, where the penalty prescribed in a written law in respect of an offence does not consist of or include a fine, the court before which the offence is tried may, in the case of a body corporate, impose a fine(a)where a term of imprisonment not exceeding six months is prescribed, a fine of two million shillings;(b)where a term of imprisonment exceeding six months but not exceeding one year is prescribed, a fine of three million shillings;(c)where a term of imprisonment exceeding one year but not exceeding two years is prescribed, a fine of five million shillings;(d)where a term of imprisonment exceeding three years is prescribed, a fine of ten million shillings.(e)72. Definitions or rules of interpretation contained in a written law apply to the construction of the provisions of the written law that contain those definitions or rules of interpretation as well as, to other provisions of that written law.6. Time for exercise of power or performance of duty (1)Where in a written law a time is fixed or allowed for doing any act or thing or taking any proceeding and power is given to a court or other authority to extend that time, such power may be exercised by the court or other authority although the application for an extension is not made until after the expiration of the time fixed or allowed. Fundamental Determinants. corporations, boards, tribunals, commissions, trusts, or other bodies constituted, and all elections and appointments of members made;(c)all offices constituted and appointments of officers made;(d)all subsidiary legislation, warrants, certificates, and documents made; and(e)all other acts, matters, and things,which, at the commencement of the repealing law, are respectively in existence, or in force or operation, under or for the purposes of such provision, shall, in so far as is consistent with the repealing law, subsist and ensure for the purposes of such law and shall continue as if the repealing law had been in operation when they respectively originated or were constituted, made or done and they had originated or been constituted, made or done under that law.32. President may make subsidiary legislation A power to fix a day on which an Act shall come into operation does not include power to fix(a)a day prior to the day on which the proclamation fixing the day is published in the Gazette; or(b)different days for different provisions of that Act, unless express provision is made in that behalf.18. 29]"Minister" has the meaning given in section 9 of this Act and in addition, includes the Vice President, the Prime Minister; and "the Minister" means the Minister responsible for the matter in question and includes the Deputy Minister for the time being performing the functions of that Minister or, if there is no minister responsible for the matter in question, means the President:"minor" means a person who has not attained the apparent age of eighteen years and the terms "infant" and "infant child" shall be construed accordingly;"month" means a calendar month unless words be added showing a lunar month is intended; where a month is expressed as beginning, or is required to be reckoned as beginning, on a date other than the first day of any month, the month shall be deemed to expire immediately before the commencement of the corresponding date in the next following month, whether the period so encompassed is of a longer or shorter period than thirty days;"native" means any member of an African race;"oath" and "affidavit", in the case of persons required or allowed to affirm or declare instead of swearing, include affirmation and declaration, and "swear", in the like case, includes "affirm" and "declare";"Ordinance" includes any Ordinance or any laws, Proclamations or other Legislative Acts issued, made or done before the date of the Tanganyika Order in Council, 1920, and validated by the said Order in Council, and any subsidiary legislation made and in force under an Ordinance, and (save in the definitions "Act" and "Parliament" in this section) includes an Act of Parliament and subsidiary legislation made under such Act;"Parliament"(a)in an Ordinance, or a public document made or issued before the ninth day of December, 1961, means the Parliament of the United Kingdom and "Imperial Parliament" has the same meaning;(b)in an Act of the Parliament of Tanganyika or of the United Republic, or a public document made or issued after the eighth day of December, 1961, or in an Act of the Constituent Assembly of Tanganyika, means the Parliament of the United Republic and when used in the expression "Act of Parliament" includes a reference to the Constituent Assembly of Tanganyika;"perform" in relation to functions, includes the exercise of a power, responsibility, authority, or jurisdiction;"Permanent Secretary" means a person appointed by the President to be a Permanent Secretary, and reference in any Act to Principal Secretary shall be construed as reference to Permanent Secretary;"person" means any word or expression descriptive of a person and includes a public body, company, or association or body of persons, corporate or unincorporated;"police officer" means any member of the Police Force of and above the rank of constable as defined in the Police Force and Auxiliary Services Act;[Cap. 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