Interpretation Act 2005 section 8

Reading provisions together as one and summary proceedings for offences

Section 8 deals with who has the authority to bring summary prosecutions when two Acts are read together as one, and the newer Act creates offences without specifying who may prosecute them.

• Where an Act names a specific person as the prosecutor for summary offences under that Act, and that Act is later read together with provisions of another Act, the named prosecutor's authority can extend to the newer provisions.
• If the newer provisions create offences that can be prosecuted summarily but do not expressly name anyone to prosecute them, the person named in the original Act may bring those proceedings.
• This rule only applies where no other person has been separately authorised by the newer Act to bring such proceedings.
• The effect is to fill a gap that would otherwise arise when legislation is combined, ensuring that summary offences do not go unprosecuted simply because the newer Act omitted to designate a prosecutor.