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INTERPRETATION ACT 1987 - SCHEDULE 4
SCHEDULE 4 – Dictionary
"affidavit" , in the case of persons for the time being allowed by law to
affirm, declare or promise, includes affirmation, declaration and promise.
"Ageing and Disability Commissioner" means the Ageing and Disability
Commissioner under the Ageing and Disability Commissioner Act 2019 .
"Ambulance Service of NSW" means the Ambulance Service of NSW under the
Health Services Act 1997 .
"amend" , in relation to an Act or instrument, includes alter and vary.
"Anti-Discrimination Board" means the Anti-Discrimination Board under the
Anti-Discrimination Act 1977 .
"Auditor-General" means the Auditor-General under the
Government Sector Audit Act 1983 .
"ASC Law" has the same meaning as
"ASIC Law" .
"ASC Regulations" has the same meaning as
"ASIC Regulations" when used in relation to the ASIC Law .
"ASIC Law" has the meaning provided for by Part 11 of the
Corporations (New South Wales) Act 1990 .
"ASIC Regulations" --
(a) when used in relation to the ASIC Law , has the
meaning provided for by Part 11 of the Corporations (New South Wales) Act
1990 ,
(b) when used in relation to the Australian Securities and
Investments Commission Act 2001 of the Commonwealth, means regulations made
under, or taken to be made under, that Act.
"Australia" means the Commonwealth of Australia but, when used in a
geographical sense, does not include an external Territory.
"Australia Acts" means the Australia Act 1986 of the Commonwealth and the
Australia Act 1986 of the United Kingdom.
"Australian lawyer" means a person admitted to the Australian legal
profession.
"Australian legal practitioner" means an Australian lawyer who holds a current
Australian practising certificate.
"authorised deposit-taking institution" or
"ADI" means an authorised deposit-taking institution within the meaning of the
Banking Act 1959 of the Commonwealth.
"bank" means-- (a) a bank as defined by section 5 of the Banking Act 1959 of
the Commonwealth, or
(b) a bank constituted under a law of a State or
Territory.
"British Act" or
"Imperial Act" means an Act of the British Parliament.
"British Parliament" or
"Imperial Parliament" means-- (a) the Parliament of England,
(b) the
Parliament of Great Britain,
(c) the Parliament of the United Kingdom of
Great Britain and Ireland, or
(d) the Parliament of the United Kingdom of
Great Britain and Northern Ireland,
as the case requires.
"calendar month" means a period commencing at the beginning of a day of one of
the 12 named months and ending-- (a) immediately before the beginning of the
corresponding day of the next named month, or
(b) if there is no such
corresponding day, at the end of the next named month.
"calendar year" means a period of 12 months commencing on 1 January.
"Chief Commissioner of State Revenue" means the Chief Commissioner of State
Revenue under the Taxation Administration Act 1996 .
"Children's Court" means the Children's Court of New South Wales under the
Children's Court Act 1987 .
"Children's Guardian" means the Children's Guardian under the Children's
Guardian Act 2019 .
"Civil and Administrative Tribunal" means the Civil and Administrative
Tribunal of New South Wales under the Civil and Administrative Tribunal Act
2013 .
"Commissioner of Fire and Rescue NSW" means the Commissioner under the Fire
and Rescue NSW Act 1989 .
"Commissioner of Police" means the Commissioner of Police under the
Police Act 1990 .
"committal proceedings" means proceedings before a Magistrate for the purpose
of committing an accused person for trial or sentence.
"Commonwealth" means the Commonwealth of Australia but, when used in a
geographical sense, does not include an external Territory.
"Commonwealth Constitution" means the Constitution of the Commonwealth.
"Consolidated Fund" means the fund formed as referred to in section 39 of the
Constitution Act 1902 .
"contravene" includes fail to comply with.
"Corporations Law" has the meaning provided for by Part 3 of the
Corporations (New South Wales) Act 1990 .
"Corporations legislation" means the Corporations legislation to which Part
1.1A of the Corporations Act 2001 of the Commonwealth applies.
"Corporations Regulations" -- (a) when used in relation to the Corporations
Law , has the meaning provided for by Part 3 of the
Corporations (New South Wales) Act 1990 , or
(b) when used in relation to
the Corporations Act 2001 of the Commonwealth, means regulations made under,
or taken to be made under, that Act.
"Court of Appeal" means the Court of Appeal under the Supreme Court Act 1970
, Part 2, Division 6.
"Court of Criminal Appeal" means the Court of Criminal Appeal under the
Criminal Appeal Act 1912 .
"Crown Prosecutor" means a Crown Prosecutor under the Crown Prosecutors Act
1986 .
"date of assent" , in relation to an Act, means the day on which the Act
receives the Royal Assent.
"definition" means a provision of an Act or instrument (however expressed)
that-- (a) gives a meaning to a word or expression, or
(b) limits or extends
the meaning of a word or expression.
"Director of Public Prosecutions" means the Director of Public Prosecutions
under the Director of Public Prosecutions Act 1986 .
"District Court" means the District Court of New South Wales under the
District Court Act 1973 .
"document" means any record of information, and includes-- (a) anything on
which there is writing, or
(b) anything on which there are marks, figures,
symbols or perforations having a meaning for persons qualified to interpret
them, or
(c) anything from which sounds, images or writings can be reproduced
with or without the aid of anything else, or
(d) a map, plan, drawing or
photograph.
"Drug Court" means the Drug Court of New South Wales under the
Drug Court Act 1998 .
"Dust Diseases Tribunal" means the Dust Diseases Tribunal of New South Wales
under the Dust Diseases Tribunal Act 1989 .
"Electoral Commissioner" means the Electoral Commissioner under the
Electoral Act 2017 .
"environmental planning instrument" means an environmental planning instrument
within the meaning of the Environmental Planning and Assessment Act 1979 .
"estate" includes interest, charge, right, title, claim, demand, lien and
encumbrance, whether at law or in equity.
"Executive Council" means the Executive Council of New South Wales.
"external Territory" means a Territory, not being an internal Territory, for
the government of which as a Territory provision is made by a Commonwealth
Act.
"Federal Circuit and Family Court of Australia" has the same meaning as in the
Federal Circuit and Family Court of Australia Act 2021 of the Commonwealth.
"foreign country" means any country (whether or not an independent sovereign
state) outside Australia and its external Territories.
"Gazette" , or
"Government Gazette" , means the New South Wales Government Gazette
published-- (a) in print, or
(b) on a website authorised by the Parliamentary
Counsel to provide public access to the Gazette.
"Government" means the Government of New South Wales.
"Government Printer" means the Government Printer of New South Wales, and
includes any other person authorised by or on behalf of the Government to
print any Act or instrument or other document.
"Greater Sydney Region" --see Schedule 1.
"Health Care Complaints Commission" means the Health Care Complaints
Commission under the Health Care Complaints Act 1993 .
"High Court" means the High Court of Australia.
"ICAC" or
"Independent Commission Against Corruption" means the Independent Commission
Against Corruption under the Independent Commission Against Corruption Act
1988 .
"indictable offence" means an offence for which proceedings may be taken on
indictment, whether or not proceedings for the offence may also be taken
otherwise than on indictment.
"individual" means a natural person.
"Industrial Court" or
"Industrial Relations Commission in Court Session" means the Industrial
Relations Commission as constituted under the Industrial Relations Act 1996 ,
section 151.
"Industrial Relations Commission" means the Industrial Relations Commission
of New South Wales under the Industrial Relations Act 1996 .
"Information Commissioner" means the Information Commissioner under the
Government Information (Information Commissioner) Act 2009 .
"Inspector of Custodial Services" means the Inspector of Custodial Services
under the Inspector of Custodial Services Act 2012 .
"Inspector of the Independent Commission Against Corruption" means the
Inspector of the Independent Commission Against Corruption under the
Independent Commission Against Corruption Act 1988 .
"internal Territory" means the Australian Capital Territory, the Jervis Bay
Territory or the Northern Territory.
"IPART" or
"Independent Pricing and Regulatory Tribunal" means the Independent Pricing
and Regulatory Tribunal of New South Wales under the
Independent Pricing and Regulatory Tribunal Act 1992 .
"Jervis Bay Territory" means the Territory referred to in the
Jervis Bay Territory Acceptance Act 1915 of the Commonwealth.
"land" includes messuages, tenements and hereditaments, corporeal and
incorporeal, of any tenure or description, and whatever may be the estate or
interest therein.
"Land and Environment Court" means the Land and Environment Court under the
Land and Environment Court Act 1979 .
"Law Enforcement Conduct Commission" means the Law Enforcement Conduct
Commission under the Law Enforcement Conduct Commission Act 2016 .
"Legislative Assembly" means the Legislative Assembly of New South Wales.
"Legislative Council" means the Legislative Council of New South Wales.
"local council" means a council within the meaning of the
Local Government Act 1993 .
"Local Court" means the Local Court established under the Local Court Act 2007
.
"Magistrate" means a Magistrate appointed under the Local Court Act 2007 .
"make" , in relation to an instrument, includes issue and grant.
"Mental Health Review Tribunal" means the Mental Health Review Tribunal under
the Mental Health Act 2007 .
"mentally incapacitated person" means a person who is an involuntary patient
or a forensic patient or a correctional patient within the meaning of the
Mental Health Act 2007 , or a protected person within the meaning of the
NSW Trustee and Guardian Act 2009 .
"midnight" , in relation to a particular day, means the point of time at which
that day ends.
"minor" means an individual who is under the age of 18 years.
"minor indictable offence" means an indictable offence that is not a serious
indictable offence.
"month" means a calendar month.
"named month" means January, February, March, April, May, June, July, August,
September, October, November or December.
"National Electricity (NSW) Law" means the provisions applying because of
section 6 of the National Electricity (New South Wales) Act 1997 .
"National Electricity (NSW) Regulations" means the provisions applying because
of section 7 of the National Electricity (New South Wales) Act 1997 .
"National Gas (NSW) Law" means the provisions applying because of section 7 of
the National Gas (New South Wales) Act 2008 .
"National Gas (NSW) Regulations" means the provisions applying because of
section 8 of the National Gas (New South Wales) Act 2008 .
"New South Wales Crime Commission" means the New South Wales Crime Commission
under the Crime Commission Act 2012 .
"NICC" or
"NSW Independent Casino Commission" means the NSW Independent Casino
Commission under the Casino Control Act 1992 .
"Northern Territory" means the Northern Territory of Australia.
"NSW Health Service" means the NSW Health Service referred to in the
Health Services Act 1997 .
"NSW legislation website" means the website with the URL of
www.legislation.nsw.gov.au, or any other website, used by the Parliamentary
Counsel to provide public access to the legislation of New South Wales.
"NSW Police Force" means the NSW Police Force established by the
Police Act 1990 .
"NSW Rural Fire Service" means the NSW Rural Fire Service under the
Rural Fires Act 1997 .
"NSW Trustee and Guardian" means the NSW Trustee and Guardian under the
NSW Trustee and Guardian Act 2009 .
"oath" , in the case of persons for the time being allowed by law to affirm,
declare or promise, includes affirmation, declaration and promise.
"office" includes position.
"Ombudsman" means the Ombudsman under the Ombudsman Act 1974 .
"Parliament" means the Parliament of New South Wales.
"party" includes an individual, a corporation and a body corporate or politic.
"penalty" includes forfeiture and punishment.
"penalty unit" is defined in section 17 of the
Crimes (Sentencing Procedure) Act 1999 .
"person" includes an individual, a corporation and a body corporate or
politic.
"personally insolvent" , for an individual, means the individual-- (a) under
the Bankruptcy Act 1966 of the Commonwealth-- (i) is bankrupt, or
(ii) is a
party to a debt agreement as a debtor, or
(iii) is a party to a personal
insolvency agreement as a debtor and the obligations created by the agreement
remain undischarged, or
(iv) authorises a controlling trustee to control the
individual's property, whether or not the individual has entered into a
personal insolvency agreement as a debtor, or
(b) has a status under a law of
a foreign country substantially similar to an individual referred to in
paragraph (a), or
(c) otherwise applies to take the benefit of a law for the
relief of bankrupt or insolvent debtors.
"police officer" means a member of the NSW Police Force who is a police
officer within the meaning of the Police Act 1990 .
"Privacy Commissioner" means the Privacy Commissioner under the Privacy and
Personal Information Protection Act 1998 .
"proclamation" means a proclamation of the Governor published in the Gazette
or on the NSW legislation website.
"property" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description, including money, and includes things in action.
"Public Service" or
"NSW Public Service" means the Public Service referred to in the
Government Sector Employment Act 2013 .
"Registrar-General" means the person employed in the Public Service as the
Registrar-General.
"Registrar of Births, Deaths and Marriages" means the Registrar under the
Births, Deaths and Marriages Registration Act 1995 .
"repeal" , in relation to an instrument, includes revoke and rescind.
"rules of court" , in relation to a court or tribunal, means rules made by the
person or body having power to make rules regulating the practice and
procedure of the court or tribunal.
"serious indictable offence" means an indictable offence that is punishable by
imprisonment for life or for a term of 5 years or more.
"Service NSW" means Service NSW under the
Service NSW (One-stop Access to Government Services) Act 2013 .
"Sheriff" means the Sheriff under the Sheriff Act 2005 .
"sign" includes the affixing of a seal and the making of a mark.
"Standards Australia" means Standards Australia International Limited (ACN 087
326 690), and includes a reference to the Standards Association of Australia
as constituted before 1 July 1999.
"State" means a State of the Commonwealth.
"State Emergency Service" means the NSW State Emergency Service under the
State Emergency Service Act 1989 .
"State industrial instrument" means an industrial instrument within the
meaning of the Industrial Relations Act 1996 .
"State owned corporation" means a State owned corporation within the meaning
of the State Owned Corporations Act 1989 .
"statutory declaration" means a declaration made by virtue of any Act
authorising a declaration to be made instead of an oath.
"statutory rule" means-- (a) a regulation, by-law, rule or ordinance-- (i)
that is made by the Governor, or
(ii) that is made by a person or body other
than the Governor, but is required by law to be approved or confirmed by the
Governor, or
(b) a rule of court.
"summary offence" means an offence that is not an indictable offence.
"Supreme Court" means the Supreme Court of New South Wales under the
Supreme Court Act 1970 .
"Surveyor-General" means the Surveyor-General under the
Surveying and Spatial Information Act 2002 .
"swear" , in the case of persons for the time being allowed by law to affirm,
declare or promise, includes affirm, declare and promise.
"Teaching Service" means the Teaching Service of New South Wales referred to
in the Teaching Service Act 1980 .
"Territory" means a Territory of the Commonwealth.
"the State" means the State of New South Wales.
"Transport Service" means the Transport Service of New South Wales referred to
in the Transport Administration Act 1988 .
"United Kingdom" means the United Kingdom of Great Britain and Northern
Ireland.
"Valuer-General" means the Valuer-General under the Valuation of Land Act
1916 .
"writing" includes printing, photography, photocopying, lithography,
typewriting and any other mode of representing or reproducing words in visible
form.
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