Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies in working out periods of 1 day or longer for an Act or statutory instrument, whether the period is a period in the future or the past.
Note 1 The following definitions in the dictionary, pt 1 are also relevant to periods of time:
• business day
• calendar month
• calendar year
• financial year
• midnight
• month
• named month
• quarter
• working day
• year .
Note 2 The Standard Time and Summer Time Act 1972 deals with the meaning of a reference to a time.
(2) A period of time described as beginning at, on or with a stated day, act or event includes the stated day or the day of the stated act or event.
(3) A period of time described as beginning from or after a stated day, act or event does not include the stated day or the day of the stated act or event.
(4) A period of time described as ending at, by, on or with, or as continuing to or until, a stated day, act or event includes the stated day or the day of the stated act or event.
(5) A period of time described as ending before a stated day, act or event does not include the stated day or the day of the stated act or event.
(6) A reference to a number of days between 2 events does not include the days when the events happen.
Example
A court rule requires a notice of motion to be served 2 days before the return date for the application. If the return date is Friday, that day and the day the application is served are not counted in working out the 2 days. For service to be valid, the application must be served on or before the Tuesday before the return date.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(7) Despite subsection (3), if, under an Act or statutory instrument, something must or may be done within a particular period of time after a stated day, the thing may be done on the stated day.
(8) This section is a determinative provision so far as it applies to an applicable law or applicable provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.
(9) In this section:
"applicable law" means an Act enacted, or statutory instrument made, after 1 January 2006.
"applicable provision "means a provision inserted after 1 January 2006 into an Act or statutory instrument that is not an applicable law.
"inserted", for a provision, includes inserted in substitution for another provision.