Interpretation Act 2005 section 12

Deviation from form

Section 12 deals with what happens when a prescribed form contains minor deviations from the officially required format, and confirms that such deviations do not automatically make the form invalid.

  • Where legislation requires a particular form to be used, small departures from that form do not necessarily render it invalid.
  • A deviation is acceptable provided it does not materially affect the substance or core content of the form.
  • A deviation is also acceptable provided it is not misleading in its content or its effect.
  • Only deviations that are both material in substance and misleading in content or effect will invalidate a form.

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