Saturday, December 31, 2011

ACTS INTERPRETATION ACT 1915 - SECT 34


34—"May" imports a discretion, "shall" is imperative 

Where, in any Act passed after the first day of January, 1873, the word "may" is used in conferring a power, it implies that the power may be exercised or not, at discretion; and where, in any such Act the word "shall" is used in conferring a power, it implies that the power must be exercised.

This is from South Australia. State legislation can be applied in any state due to S. 118 of the Constitution.

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