Extension of time

Minister v Kumar [2017] HCA 11

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 [25]) 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!