79
1911, hereinafter called the Principal Ordinance, and Ordinance the said Ordinance and this Ordinance may be cited No. 31 of together as the Interpretation Ordinances, 1911 and 1917. 1911.
2. Section 9 of the Principal Ordinance is repealed Repeal of and the following section is substituted therefor :-
Exercise of statutory powers
between pas- sing and com-
mencement
of Ordinance. 52 & 53 Vict., c. 63, s. 37.
Ordinance No. 31 of 1911, s. 9.
9. Where an Ordinance confers power and substi to make any appointment, to make, tution of new grant, or issue any instrument, that is section. to say, any Order in Council, order, warrant, scheme, letters patent, rules, regulations, or by-laws, to give notices, to prescribe forms, or to do any other thing for the purposes of the Ordi- nance, that power may, unless the con- trary intention appears, be exercised at any time after the passing of the Ordi- nance, so far as may be necessary or expedient for the purpose of bringing the Ordinance into operation at the date of the commencement thereof, subject to this restriction, that any instrument made under the power shall not, unless the contrary intention appears in the Ordinance, or the con- trary is necessary for bringing the Ordinance into operation, come into operation until the Ordinance comes into operation.
of Ordinance
3. The definitions of "Revenue officer" and Excise Amendment officer" in section 39 of the Principal Ordinance are No. 31 of repealed.
Objects and Reasons.
The object of clause 2 of this bill is to make it clear that powers conferred by an Ordinance may be exercised at any time after the passing of the Ordinance, even before its commencement, so far as may be necessary for the purpose of bringing the Ordinance into opera- tion. This was clearly the intention of the existing section, but the reference in that section to the suspen- ding of an Ordinance might be construed as limiting the section to Ordinances which contain a suspending clause. The section which it is now proposed to sub- stitute follows as closely as possible the wording of the corresponding section, section 37, in the United King- dom Interpretation Act, 1889. It is not possible to follow the wording of the Act exactly. because an Act of the Imperial Parliament comes into effect on the day on which the Royal Assent is given while an Ordinance in this Colony does not come into operation until the date of its publication in the Gazette.
Clause 3 of the bill repeals the definitions of “Re- venue officer" and 'Excise officer" in the Principal Ordinance. The term Excise officer" is no longer in use, the class of officers to whom it was formerly applied having ceased to exist. The subject of revenue officers is dealt with in a bill which will be introduced at the same meeting of the Legislative Council as this bill.
J. H. KEMP,
Attorney General.
1911, s. 39, B: "Revenue officer"; "Excise
officer
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