‘as amended from time to time’

Endeavour v Precision [2015] NSWCA 169

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 [76]) 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!


Forsyth v FCT [2007] HCA 8 (at [96]), cf Episode 2.

10  Paciocco [2015] FCAFC 50 (at [392-394]), illustrates.