CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes
An Act made in 1940, before the Constitution, did not specify a commencement date. Under Section 5(1) of the General Clauses Act, 1897 as it now stands, whose assent determines the day it came into operation?
The Governor-General's assent determines it. Section 5(1)(a) of the General Clauses Act, 1897 says a Central Act made before the Constitution and silent on commencement operates from the day of the Governor-General's assent, while the President's assent applies to Acts of Parliament.
- AThe President
- BThe Governor-GeneralCorrect
- CThe Governor of the relevant province
- DThe Federal Court
Explanation
Section 5(1)(a) covers a Central Act made before the Constitution commenced and refers to the assent of the Governor-General. The President's assent in clause (b) applies to Acts of Parliament. Governors and the Federal Court have no role in this rule.
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