What happens when a statutory provision cross-refers to a provision in another Act and the latter is amended? In this case, the second provision was amended after an accident to increase the liability cap. The court held (at ) that the first provision picked up the second as amended from time to time. Crucially, this included the time from which the amendment itself operated.
Acts Interpretation Act 1901 s 10 (and like provisions in other jurisdictions) reflect this principle, as part of the ‘always speaking’ approach9. These provisions, however, are subject to contrary intention. iTip – always look to the wider context and avoid applying these interpretation provisions reflexively10.
This case is from Episode 10 of interpretationNOW!
10 Paciocco  FCAFC 50 (at [392-394]), illustrates.