If an Act requires or allows a thing to be done and the deadline is a Saturday, Sunday or holiday, s 36(2) of the Acts Interpretation Act 1901 allows the thing to be done on the next business day. Kumar was eligible to apply for a 572 visa if he held a 485 visa at the time of applying. His 485 visa expired on a Sunday, and his application was received on Monday.
The plurality held (at ) that s 36(2) did not extend the ‘state of affairs’ existing on Sunday. There has to be a legislative deadline (express or implied). Here, s 36(2) was not engaged as there was no time limit on applying for a 572 visa. iTip – the subtlety of time extension provisions can lie in wait for the unwary.
This case is from Episode 23 of interpretationNOW!