Interpretation of Legislation Act 1984 (Vic)
Version No. 131
Interpretation of Legislation Act 1984
No. 10096 of 1984
Version incorporating amendments as at
6 September 2023
TABLE OF PROVISIONS
Section Page
Part I—Preliminary
1Short title
2Commencement
3Definitions
4Application, construction and repeal provisions
5Act to bind Crown
Part II—Provisions applicable to Acts
6Construction of Acts
7Sections to be substantive enactments
8Amendment or repeal in same session
9Citation of Acts by number
10Citation of Acts by title
10AConstruction of power to fix commencement of Act
11Time of commencement and date of passing of Acts
12Time of expiry of temporary Acts
13Exercise of powers between passing and commencement of Act
14Provision as to effect of repeal etc. of Acts
15Effect of repeal etc. of amending Act
16Repeal and re-enactment
17Construction of references in Acts to other enactments
18References in Acts to provisions of subordinate instruments
19Citation of references in Acts
20Construction of references in Acts to portions of Acts or subordinate instruments
21Meaning of certain expressions in Acts
21AIncorporation of amendments
Part III—Provisions applicable to subordinate instruments
22Subordinate instruments to be construed subject to legislative power of the State and to empowering Act
23Construction of subordinate instruments
24Time of commencement of subordinate instruments
25Time of expiry of temporary subordinate instruments
26Exercise of powers between making and commencement of subordinate instruments
27Implied power to repeal or amend subordinate instruments
28Provisions as to effect of repeal etc. of subordinate instruments
29Effect of repeal etc. of amending subordinate instrument
30Repeal and re-making
31Construction of references in subordinate instruments to other enactments
32Prescribing matters by reference to other documents
33Citation of references in regulations, rules, by-laws and local laws
34Construction of references in subordinate instruments to portions of subordinate instruments or Acts
Part IV—Provisions applicable to Acts and subordinate instruments
35Principles of and aids to interpretation
36Headings, Schedules, marginal notes and footnotes
36AExamples
36BLocation of penalties, examples and notes
37Gender and number
38Definitions
38AAAReferences to Departments
38AAReferences to Australian Standards, etc.
38AReferences to Corporations legislation
38ABReferences to National Electricity Law
38BReferences to Financial Institutions legislation
38BAReferences to National Gas Law
38DReferences to Friendly Societies legislation
38EReferences to Health Practitioner Regulation National Law
38EADefinition of registered medical practitioner
38FReferences to Australian Consumer Law
38FAReferences to Rail Safety National Law
38GReferences to Education and Care Services National Law
38HReferences to Electronic Conveyancing National Law
38IReferences to Heavy Vehicle National Law
38JReferences to Marine Safety (Domestic Commercial Vessel) National Law
38KReferences to Co-operatives National Law
38LReferences to the Legal Profession Uniform Law
38MSatisfying print newspaper publication requirements
38NMinister may approve alternative publications Internet site
38OMinister may make and publish guidelines
38PEntities to have regard to guidelines
39Parts of speech and grammatical forms
39ADefinitions inserted by amending Act or subordinate instrument
39BNumbering consequential on insertion of new provisions
40Exercise of powers and performance of duties
41Power to appoint
41AAActing appointments
41APower to make instrument includes power to revoke or amend
42Exercise of delegated powers
42AConstruction of power to delegate
43Measurement of distances
44Time
45Construction of "may" and "shall"
46References to the Sovereign
46AConstruction of provisions relating to entities representing, or not representing, the Crown
47Reference to officer in general terms
48References to officers, localities etc.
49Service by post
50Rules of court
51Provisions as to offences under two or more laws
52Summary proceedings
53Strict compliance with prescribed forms not necessary
54Construction of references to Acts
54AStyle changes
55Construction of references to British subjects etc.
56Construction of provisions relating to bankrupt or insolvent members of public bodies
57Application of laws of Victoria in certain off-shore areas
58Declaration of validity of certain laws
59Transitional provision—Interpretation of Legislation (Further Amendment) Act 2006
Part V—Versions
60Definitions
61Effect of Part
62Authorisation of electronic version
63Printed copy of authorised electronic version
64Evidentiary provisions
Part VI—General
65Regulations
Schedule 1—Style changes
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 131
Interpretation of Legislation Act 1984
No. 10096 of 1984
Version incorporating amendments as at
6 September 2023
An Act to make fresh provision with respect to the construction and operation of, and the shortening of the language used in, Acts of Parliament and subordinate instruments, to repeal the Acts Interpretation Act 1958, to amend the Property Law Act 1958, the Supreme Court Act 1958, the Subordinate Legislation Act 1962, the Constitution Act 1975, the Penalties and Sentences Act 1981 and certain other Acts and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
PART I—PRELIMINARY
1Short title
This Act may be cited as the Interpretation of Legislation Act 1984.
2Commencement
This Act shall come into operation on 1 July 1984.
3Definitions
In this Act, unless inconsistent with the context or subject-matter—
amended, in relation to a subordinate instrument, includes altered or varied;
made, in relation to a subordinate instrument, includes issued or granted;
repealed, in relation to a subordinate instrument, includes revoked or rescinded.
* * * * *
* * * * *
4Application, construction and repeal provisions
(1)The provisions of this Act—
(a)unless a contrary intention appears in this Act or in the Act or subordinate instrument concerned, extend and apply to all Acts, whether passed before or after the commencement of this Act, and to all subordinate instruments, whether made before or after that commencement; and
(b)apply to the interpretation of this Act.
(2)Nothing in this Act excludes the application to an Act or subordinate instrument of a rule of construction applicable thereto and not inconsistent with this Act.
(3)The provisions of this Act which are expressed to apply to Acts passed or subordinate instruments made on or after the commencement of this Act shall not affect the construction of any Act passed or subordinate instrument made before that commencement although that Act or subordinate instrument is continued in force or amended by an Act passed or subordinate instrument made on or after that commencement.
(4)The Acts mentioned in the Schedule to the extent to which they are in the Schedule expressed to be amended or repealed are hereby amended or repealed accordingly.
5Act to bind Crown
This Act binds the Crown, not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
PART II—PROVISIONS APPLICABLE TO ACTS
6Construction of Acts
(1)Every Act shall be construed as operating to the full extent of, but so as not to exceed, the legislative power of the State of Victoria, to the intent that where a provision of an Act, or the application of any such provision to any person, subject-matter or circumstance, would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid provision to the extent to which it is not in excess of that power and the remainder of the Act and the application of that provision to other persons, subject-matters or circumstances shall not be affected.
(2)The provisions of this section are in addition to, and not in derogation of, any provision of any Act relating to the construction, or extent of the operation, of that Act.
7Sections to be substantive enactments
Every section of an Act has effect as a substantive enactment without introductory words.
8Amendment or repeal in same session
An Act may be amended or repealed in the session of Parliament in which it is passed.
9Citation of Acts by number
(1)The Acts passed in each calendar year shall be numbered in regular arithmetical series, beginning with the number 1, in the order in which they receive or, for the purposes of section 69 of the Constitution Act 1975, are deemed to have received the Royal Assent.
(2)It is sufficient to refer to an Act in—
(a)any other Act;
(b)a subordinate instrument;
(c)a deed or other instrument; or
(d)any other document whatsoever—
by—
(e)in the case of an Act passed before 1 January 1986, the number of that Act only; and
(f)in the case of an Act passed on or after 1 January 1986, the calendar year in which it was passed and its number among the Acts of that year.
(3)A failure to comply with subsection (1) in a calendar year (whether the calendar year 2006 or any earlier or later calendar year) does not affect the validity, operation or effect of an Act passed in that year.
10Citation of Acts by title
(1)An Act may be cited in—
(a)that Act or any other Act;
(b)a subordinate instrument;
(c)a deed or other instrument;
(d)any other document whatsoever—
by—
(e)the short title authorized by that Act whether or not that Act or the provision of that Act authorizing that form of citation has come into operation or has been repealed; or
(f)if there is no short title authorized by that Act, the title appearing before the enacting words or, if there is a preamble, before the preamble, whether or not that Act has come into operation or has been repealed.
(2)The title of an Act appearing before the enacting words or, if there is a preamble, before the preamble, forms part of the Act if there is no short title authorized by the Act.
(2AA)A citation of an Act by the title appearing before the enacting words or, if there is a preamble, before the preamble, being a citation that is in italics without bolding, is sufficient for the purposes of subsection (1).
(2A)The Clerk of the Parliaments must alter the title appearing before the enacting words (or, if there is a preamble, before the preamble) in a Bill that is to be presented to the Governor for the Royal Assent by substituting the word "Act" for the word "Bill".
(2B)The alteration of a Bill to give effect to subsection (2A) is not to be taken to be an amendment of the Bill.
(3)If an Act passed on or after 1 September 1985 does not authorize its citation by a short title, the long title of the Bill for the Act does not form part of the Act.
10AConstruction of power to fix commencement of Act
(1)If an Act provides for the Act or a provision of the Act to come into operation on a day to be proclaimed, the Act confers power on the Governor in Council to fix by proclamation published in the Government Gazette a day for the Act or provision to come into operation.
(2)If an Act provides for the Act or provisions of the Act to come into operation on a day or days to be proclaimed, the Act confers power on the Governor in Council to fix by proclamation or proclamations published in the Government Gazette—
(a)a day for the Act or provisions to come into operation; or
(b)different days for different provisions of the Act to come into operation.
(3)If an Act makes no provision for the commencement of a particular provision of the Act, the Act must be taken to provide for the provision to come into operation on a day to be proclaimed or on the first anniversary of the passing of the Act, whichever is the earlier.
(4)If an Act makes no provision for the commencement of the Act or of more than one provision of the Act, the Act must be taken to provide for the Act or those provisions to come into operation on a day or days to be proclaimed or on the first anniversary of the passing of the Act, whichever is the earlier.
11Time of commencement and date of passing of Acts
(1)Subject to subsection (2) and to section 71 of the Constitution Act 1975, if a particular day is fixed (whether in the Act or in a proclamation made under the Act) for an Act or a provision of an Act to come into operation, the Act or provision comes into operation at the beginning of that day.
(2)If an Act confers power on the Governor in Council to fix by proclamation published in the Government Gazette a day for the Act or a provision or provisions of the Act to come into operation, the publication of the proclamation in the Government Gazette is a condition precedent to the coming into operation of the Act or provision or provisions in question.
(2A)If a proclamation fixing a day for the coming into operation of an Act or a provision or provisions of an Act is made on or before the fixed day but is not published in the Government Gazette until after that day, the proclamation does not wholly fail but the Act or provision comes, or the provisions come, into operation at the beginning of the day on which the proclamation is so published.
(3)The date of the passing of an Act is the date on which the Act receives the Royal Assent.
(4)A reference in an Act to the date of commencement of that Act or another Act or a portion containing 2 or more provisions of that Act or another Act is, if the whole of the Act or portion referred to did not come, or is not to come, into operation on the one day, a reference to the first day on or before which all the provisions of the Act or portion referred to have come, or will have come, into operation.
12Time of expiry of temporary Acts
Where an Act or a provision of an Act is expressed to expire, lapse or otherwise cease to have effect on a particular day, or to remain or continue in force until a particular day, the Act or provision shall continue in operation until the last moment of that day.
13Exercise of powers between passing and commencement of Act
(1)This section applies where an Act or a provision of an Act which does not come into operation immediately on the passing of the Act will, on its coming into operation, confer power or amend another Act so as to confer power under the other Act as so amended to—
(a)make subordinate instruments or any other instruments of a legislative or administrative character; or
(b)give notices; or
(c)make appointments; or
(d)establish a body; or
(e)prescribe forms; or
(f)do any other thing—
for the purposes of that Act or provision or that other Act.
(2)Unless the contrary intention appears, the power may be exercised at any time after the passing of the Act but its exercise does not confer a right or impose an obligation on a person before the coming into operation of the Act or provision except insofar as is necessary or expedient for the purpose of—
(a)bringing the Act or provision into operation; or
(b)making the Act or provision or the other Act as amended fully effective at or after that coming into operation.
(3)Without limiting subsection (2), an appointee may exercise a power, and a body may meet and exercise a power, under that subsection before the coming into operation of the Act or provision in the same manner and subject to the same conditions or limitations (if any) and with an entitlement to payment of the same remuneration or allowances (if any) as if the Act or provision were in operation.
(4)For the purposes of any provision as to the duration of the term of office of an appointee (including a member of a body), that term does not begin until the coming into operation of the Act or provision despite the exercise of any power under this section before that coming into operation.
14Provision as to effect of repeal etc. of Acts
(1)Where an Act or a provision of an Act—
(a)is repealed; or
(b)expires, lapses or otherwise ceases to have effect—
any Act or provision of an Act that had been repealed by the first-mentioned Act or provision shall not, unless the contrary intention expressly appears, be construed as having been revived in consequence of the repeal, expiry, lapsing or ceasing to have effect of the first-mentioned Act or provision.
(2)Where an Act or a provision of an Act—
(a)is repealed or amended; or
(b)expires, lapses or otherwise ceases to have effect—
the repeal, amendment, expiry, lapsing or ceasing to have effect of that Act or provision shall not, unless the contrary intention expressly appears—
(c)revive anything not in force or existing at the time at which the repeal, amendment, expiry, lapsing or ceasing to have effect becomes operative;
(d)affect the previous operation of that Act or provision or anything duly done or suffered under that Act or provision;
(e)affect any right, privilege, obligation or liability acquired, accrued or incurred under that Act or provision;
(ea)affect any immunity or indemnity conferred or given by or under that Act or provision;
(f)affect any penalty, forfeiture or punishment incurred in respect of an offence committed against that Act or provision; or
(g)affect any investigation, legal proceeding or remedy in respect of anything mentioned in paragraphs (e) to (f)—
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if that Act or provision had not been repealed or amended or had not expired, lapsed or otherwise ceased to have effect.
(2A)Without limiting subsection (2), if a provision of an Act that is of a savings or transitional nature (whether or not the Act describes it as such) or that validates anything that is or may otherwise be invalid or that requires a reference in an Act or subordinate instrument or other instrument or document to, or that relates to, an entity or a class of entity to be construed as a reference to another entity or class of entity—
(a)is repealed; or
(b)expires, lapses or otherwise ceases to have effect—
the repeal, expiry, lapsing or ceasing to have effect of that provision does not, unless the contrary intention expressly appears, affect the operation of the savings or transitional provision or end the validating effect of the provision or affect the construction of that reference, as the case requires.
(3)References in subsections (1), (2) and (2A) to the repeal of an Act or of a provision of an Act shall be construed as including references to—
(a)a repeal effected by implication; and
(b)a repeal effected by abrogating or limiting the effect of the Act or provision or excluding the application of the Act or provision to any person, subject-matter or circumstance.
15Effect of repeal etc. of amending Act
(1)Where an Act or a provision of an Act, being an Act or provision that directly amended another Act or a subordinate instrument (whether by the insertion of words or expressions in that Act or subordinate instrument or the substitution of other words or expressions for words or expressions in that Act or subordinate instrument)—
(a)is repealed; or
(b)expires, lapses or otherwise ceases to have effect—
the repeal, expiry, lapsing or ceasing to have effect of that Act or provision shall not, unless the contrary intention expressly appears, affect in any way the direct amendments made in the other Act or in the subordinate instrument or the operation or effect of those amendments.
(2)Subsection (1) applies to a direct amendment made to a provision of an Act by another provision of that Act in the same manner as it applies to a direct amendment made to an Act by another Act.
16Repeal and re-enactment
Where an Act or a provision of an Act is repealed and re-enacted (with or without modification) then, unless the contrary intention expressly appears—
(a)any reference in any Act or subordinate instrument to the repealed Act or provision shall be construed as a reference to the
re-enacted Act or provision; and
(b)insofar as any subordinate instrument made or other thing done under the repealed Act or provision, or having effect as if so made or done, could have been made or done under the re-enacted Act or provision, it shall have effect as if made or done under the re‑enacted Act or provision.
17Construction of references in Acts to other enactments
(1)A reference in an Act to that Act or to any provision of that Act or to any other Act or to any provision of any other Act or to any subordinate instrument or provision of a subordinate instrument shall, unless the contrary intention appears, be construed—
(a)if the Act, subordinate instrument or provision in question has been amended, as a reference to the Act, subordinate instrument or provision as amended and in force for the time being;
(b)if the Act, subordinate instrument or provision in question has been re-enacted or re-made (with or without modification), as a reference to the Act, subordinate instrument or provision as re-enacted or re-made and in force for the time being;
(c)if the Act, subordinate instrument or provision in question has been re-enacted or re-made (with or without modification) and subsequently amended, as a reference to the Act, subordinate instrument or provision as re-enacted or re-made and as subsequently amended and in force for the time being; and
(d)if the Act, subordinate instrument or provision in question has been repealed and not re-enacted or re-made, as a reference to the Act, subordinate instrument or provision as in force immediately before its repeal.
(1A)A reference in an Act to any provision of that or any other Act or to any provision of a subordinate instrument must, if the provision in question has been renumbered or relocated, be construed as a reference to the provision as renumbered or relocated and in force for the time being, unless the contrary intention appears.
(2)In this section—
(a)a reference to an Act includes a reference to—
(i)a Commonwealth Act; and
(ii)an Act or Ordinance of another State or of a Territory;
(b)a reference to a subordinate instrument includes a reference to an instrument of a legislative character made or to be made under or pursuant to the provisions of—
(i)a Commonwealth Act; and
(ii)an Act or Ordinance of another State or of a Territory.
18References in Acts to provisions of subordinate instruments
Where in an Act reference is made to a regulation, rule, by-law, local law, proclamation, Order in Council, order, scheme or other provision, the reference shall, unless the context otherwise requires, be construed as a reference to a regulation, rule, by-law, local law, proclamation, Order in Council, order, scheme or other provision (as the case requires) contained in a subordinate instrument made or to be made under or pursuant to the provisions of the Act in which the reference occurs.
19Citation of references in Acts
(1)Where a provision of an Act refers—
(aaa)to a Chapter by a number, the reference shall, unless the context otherwise requires, be construed as a reference to the Chapter, designated by that number, of the Act in which the reference occurs;
(aa)to a Part by a number, the reference shall, unless the context otherwise requires, be construed—
(i)if the Act contains Chapters and the Part number is not a decimal number—as a reference to the Part, designated by that number, of the Chapter in which the reference occurs; or
(ia)if the Act contains Chapters and the Part number is a decimal number—as a reference to the Part, designated by that number, of the Act in which the reference occurs; or
(ii)if the Act does not contain Chapters, as a reference to the Part, designated by that number, of the Act in which the reference occurs;
(a)to a section or Schedule by a number, the reference shall, unless the context otherwise requires, be construed as a reference to the section or Schedule, designated by that number, of or to the Act in which the reference occurs;
(b)to a Schedule but does not refer to it by a number, the reference shall, unless the context otherwise requires, if there is only one Schedule to the Act in which the reference occurs, be construed as a reference to the Schedule to the Act in which the reference occurs; or
(c)to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, sub-subclause, item, column, table or form by a number, the reference shall, unless the context otherwise requires, be construed as a reference—
(i)to the Division, designated by that number, of the Part in which the reference occurs;
(ii)to the Subdivision, designated by that number, of the Division in which the reference occurs;
(iii)to the subsection, designated by that number, of the section in which the reference occurs;
(iv)to the paragraph, designated by that number, of the section, subsection, interpretation or Schedule in which the reference occurs;
(v)to the paragraph, designated by that number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs;
(vi)to the subparagraph, designated by that number, of the paragraph in which the reference occurs;
(vii)to the sub-subparagraph, designated by that number, of the subparagraph in which the reference occurs;
(viii)to the table, designated by that number, of or in the section or subsection in which the reference occurs;
(ix)to the clause, item, column, table or form, designated by that number, of or in the Schedule in which the reference occurs;
(x)to the subclause, designated by that number, of the clause in which the reference occurs; or
(xi)to the sub-subclause, designated by that number, of the subclause in which the reference occurs—
as the case requires.
(2)In subsection (1) number means—
(a)a number expressed in words or figures;
(b)a letter; or
(c)a combination of a number so expressed and a letter.
20Construction of references in Acts to portions of Acts or subordinate instruments
In an Act, a description or citation of a portion of that Act or of any other Act or of any subordinate instrument made under that Act or any other Act shall, unless the contrary intention appears, be construed as including the word, section, subsection, paragraph, subparagraph, regulation, rule, by-law, local law, subregulation, subrule, clause, Chapter, Part, Schedule or other division mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.
21Meaning of certain expressions in Acts
(1)Unless the contrary intention appears, a reference in an Imperial Act or an Act of the Governor and Legislative Council of the colony of New South Wales in force in Victoria on 1 July 1851—
(a)to the colony or the colony of New South Wales or the territory of New South Wales or the district of Port Phillip shall be construed as a reference to Victoria;
(b)to the Governor of the colony of New South Wales shall be construed as a reference to the Governor of Victoria;
(c)to the Colonial Secretary of the colony of New South Wales or the Superintendent of Port Phillip shall be construed as a reference to the responsible Minister of the Crown in Victoria for the time being administering the provision in which the reference occurs;
(d)to the Supreme Court of the colony of New South Wales or any judge of that Court or to any other court in that colony or to any judge, justice or other person presiding in any such court shall be construed as a reference to the court, judge or other person having a similar jurisdiction in Victoria;
(e)to a justice of the peace in and for the colony of New South Wales shall be construed as a reference to a justice of the peace in and for Victoria;
(f)to any officer or other person in the public service of the colony of New South Wales shall be construed as a reference to an officer or other person having similar duties in the public service of Victoria; and
(g)to the Government Gazette of the colony of New South Wales shall be construed as a reference to the Victoria Government Gazette.
(2)Unless the contrary intention appears, a reference in any Act (by whatsoever Parliament passed) in force in Victoria on 21 November 1856 to the Legislative Council shall be construed as a reference to the Legislative Council of Victoria and the Legislative Assembly of Victoria.
(3)Unless the contrary intention appears, a reference in any Act to His Majesty's navy or army or to His Majesty's naval or military forces or to the naval or military forces of the Commonwealth or to naval or military service therewith shall be construed as including a reference to His Majesty's air forces or the air forces of the Commonwealth or to service therewith, as the case requires.
21AIncorporation of amendments
(1)If an Act has been amended then in any reprinting of the Act the Government Printer must, unless the Chief Parliamentary Counsel otherwise approves, reprint the Act as so amended.
(2)There must be printed in a reprint of an Act—
(a)a reference to each Act or subordinate instrument by which the reprinted Act is amended; and
(b)a reference (whether in a sidenote, footnote or endnote) to each provision of the reprinted Act that is amended and the provision of the Act or subordinate instrument by which the amendment is made.
(3)In reprinting an Act the Government Printer may omit the indorsement on the Act of the date of its passing.
(4)Nothing in subsection (3) affects the status of the indorsement as part of the Act.
Note
See Constitution Act 1975, section 69.
PART III—PROVISIONS APPLICABLE TO SUBORDINATE INSTRUMENTS
22Subordinate instruments to be construed subject to legislative power of the State and to empowering Act
(1)Every subordinate instrument shall be construed as operating to the full extent of, but so as not to exceed—
(a)the legislative power of the State of Victoria; or
(b)the power to make the subordinate instrument conferred by the Act under or pursuant to which it is made—
to the intent that where a provision of a subordinate instrument, or the application of any such provision to any person, subject-matter or circumstance, would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid provision to the extent to which it is not in excess of that power and the remainder of the subordinate instrument and the application of that provision to other persons, subject-matters or circumstances shall not be affected.
(2)The provisions of this section are in addition to, and not in derogation of, any provision of a subordinate instrument or of the Act under or pursuant to which a subordinate instrument is made relating to the construction, or extent of the operation, of that subordinate instrument.
23Construction of subordinate instruments
Where an Act confers power to make a subordinate instrument, expressions used in a subordinate instrument made in the exercise of that power shall, unless the contrary intention appears, have the same respective meanings as they have in the Act conferring the power as amended and in force for the time being.
24Time of commencement of subordinate instruments
Where in respect of a subordinate instrument (not being a statutory rule) or a provision of such a subordinate instrument a particular day is fixed (whether in the subordinate instrument or in the Act under or pursuant to which the subordinate instrument is made) for it to come into operation, the subordinate instrument or the provision of the subordinate instrument comes into operation at the beginning of that day.
25Time of expiry of temporary subordinate instruments
Where a subordinate instrument or a provision of a subordinate instrument is expressed to expire, lapse or otherwise cease to have effect on a particular day, or to remain or continue in force until a particular day, the subordinate instrument or provision shall continue in operation until the last moment of that day.
26Exercise of powers between making and commencement of subordinate instruments
(1)This section applies where a subordinate instrument or a provision of a subordinate instrument which does not come into operation immediately on the making of the subordinate instrument will, on its coming into operation, confer power or amend another subordinate instrument so as to confer power under the other subordinate instrument as so amended to—
(a)make other subordinate instruments or any other instruments of a legislative or administrative character; or
(b)give notices; or
(c)make appointments; or
(d)establish a body; or
(e)prescribe forms; or
(f)do any other thing—
for the purposes of that subordinate instrument or provision or that other subordinate instrument.
(2)Unless the contrary intention appears, the power may be exercised at any time after the making of the subordinate instrument but its exercise does not confer a right or impose an obligation on a person before the coming into operation of the subordinate instrument or provision except insofar as is necessary or expedient for the purpose of—
(a)bringing the subordinate instrument or provision into operation; or
(b)making the subordinate instrument or provision or the other subordinate instrument as amended fully effective at or after that coming into operation.
(3)Without limiting subsection (2), an appointee may exercise a power, and a body may meet and exercise a power, under that subsection before the coming into operation of the subordinate instrument or provision in the same manner and subject to the same conditions or limitations (if any) and with an entitlement to payment of the same remuneration or allowances (if any) as if the subordinate instrument or provision were in operation.
(4)For the purposes of any provision as to the duration of the term of office of an appointee (including a member of a body), that term does not begin until the coming into operation of the subordinate instrument or provision despite the exercise of any power under this section before that coming into operation.
27Implied power to repeal or amend subordinate instruments
Where an Act confers power to make a subordinate instrument the power shall, unless the contrary intention expressly appears, be construed as including a power, exercisable in the same manner and subject to the same conditions or limitations (if any), to repeal or amend a subordinate instrument made in the exercise of that power.
28Provisions as to effect of repeal etc. of subordinate instruments
(1)Where a subordinate instrument or a provision of a subordinate instrument—
(a)is repealed; or
(b)expires, lapses or otherwise ceases to have effect—
any subordinate instrument or provision of a subordinate instrument that had been repealed by the first-mentioned subordinate instrument or provision shall not, unless the contrary intention expressly appears, be construed as having been revived in consequence of the repeal, expiry, lapsing or ceasing to have effect of the first-mentioned subordinate instrument or provision.
(2)Where a subordinate instrument or a provision of a subordinate instrument—
(a)is repealed or amended; or
(b)expires, lapses or otherwise ceases to have effect—
the repeal, amendment, expiry, lapsing or ceasing to have effect of that subordinate instrument or provision shall not, unless the contrary intention expressly appears—
(c)revive anything not in force or existing at the time at which the repeal, amendment, expiry, lapsing or ceasing to have effect becomes operative;
(d)affect the previous operation of that subordinate instrument or provision or anything duly done or suffered under that subordinate instrument or provision;
(e)affect any right, privilege, obligation or liability acquired, accrued or incurred under that subordinate instrument or provision;
(f)affect any penalty, forfeiture or punishment incurred in respect of any offence committed against that subordinate instrument or provision; or
(g)affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as is mentioned in paragraphs (e) and (f)—
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if that subordinate instrument or provision had not been repealed or amended or had not expired, lapsed or otherwise ceased to have effect.
(2A)Without limiting subsection (2), if a provision of a subordinate instrument that is of a savings or transitional nature (whether or not the subordinate instrument describes it as such) or that validates anything that is or may otherwise be invalid or that requires a reference in a subordinate instrument or Act or other instrument or document to, or that relates to, an entity or a class of entity to be construed as a reference to another entity or class of entity—
(a)is repealed; or
(b)expires, lapses or otherwise ceases to have effect—
the repeal, expiry, lapsing or ceasing to have effect of that provision does not, unless the contrary intention expressly appears, affect the operation of the savings or transitional provision or end the validating effect of the provision or affect the construction of that reference, as the case requires.
(3)References in subsections (1), (2) and (2A) to the repeal of a subordinate instrument or of a provision of a subordinate instrument shall be construed as including references to—
(a)a repeal effected by implication; and
(b)a repeal effected by abrogating or limiting the effect of the subordinate instrument or provision or excluding the application of the subordinate instrument or provision to any person, subject-matter or circumstance.
29Effect of repeal etc. of amending subordinate instrument
(1)Where a subordinate instrument or a provision of a subordinate instrument, being a subordinate instrument or provision that directly amended another subordinate instrument or an Act (whether by the insertion of words or expressions in that subordinate instrument or Act or the substitution of other words or expressions for words or expressions in that subordinate instrument or Act)—
(a)is repealed; or
(b)expires, lapses or otherwise ceases to have effect—
the repeal, expiry, lapsing or ceasing to have effect of that subordinate instrument or provision shall not, unless the contrary intention expressly appears, affect in any way the direct amendments made in the other subordinate instrument or in the Act or the operation or effect of those amendments.
(2)Subsection (1) applies to a direct amendment made to a provision of a subordinate instrument by another provision of that subordinate instrument in the same manner as it applies to a direct amendment made to a subordinate instrument by another subordinate instrument.
30Repeal and re-making
Where a subordinate instrument or a provision of a subordinate instrument is repealed and re-made (with or without modification) then, unless the contrary intention expressly appears—
(a)any reference in any subordinate instrument or Act to the repealed subordinate instrument or provision shall be construed as a reference to the re-made subordinate instrument or provision; and
(b)insofar as any subordinate instrument made or other thing done under the repealed subordinate instrument or provision, or having effect as if so made or done, could have been made or done under the re-made subordinate instrument or provision, it shall have effect as if made or done under the re‑made subordinate instrument or provision.
31Construction of references in subordinate instruments to other enactments
(1)A reference in a subordinate instrument to that subordinate instrument or to any provision of that subordinate instrument or to any other subordinate instrument or to any provision of any other subordinate instrument or to any Act or provision of an Act shall, unless the contrary intention appears, be construed—
(a)if the subordinate instrument, Act or provision in question has been amended, as a reference to the subordinate instrument, Act or provision as amended and in force for the time being;
(b)if the subordinate instrument, Act or provision in question has been re-made or re‑enacted (with or without modification), as a reference to the subordinate instrument, Act or provision as re-made or re-enacted and in force for the time being;
(c)if the subordinate instrument, Act or provision in question has been re-made or re‑enacted (with or without modification) and subsequently amended, as a reference to the subordinate instrument, Act or provision as re-made or re-enacted and as subsequently amended and in force for the time being; and
(d)if the subordinate instrument, Act or provision in question has been repealed and not re-enacted or re-made, as a reference to the Act, subordinate instrument or provision as in force immediately before its repeal.
(1A)A reference in a subordinate instrument to any provision of that or any other subordinate instrument or to any provision of an Act must, if the provision in question has been renumbered or relocated, be construed as a reference to the provision as renumbered or relocated and in force for the time being, unless the contrary intention appears.
(2)In this section—
(a)a reference to an Act includes a reference to—
(i)a Commonwealth Act; and
(ii)an Act or Ordinance of another State or of a Territory;
(b)a reference to a subordinate instrument includes a reference to an instrument of a legislative character made or to be made under or pursuant to the provisions of—
(i)a Commonwealth Act; or
(ii)an Act or Ordinance of another State or of a Territory.
32Prescribing matters by reference to other documents[1]
(1)In this section—
Code means—
(a)the Companies (Victoria) Code;
(b)the Companies (Acquisition of Shares) (Victoria) Code;
(c)the Futures Industry (Victoria) Code;
(d)the Securities Industry (Victoria) Code;
(e)the Companies and Securities (Interpretation and Miscellaneous Provisions) (Victoria) Code;
(f)any other Code to which the Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 applies;
(g)the ASIC Law of Victoria;
(h)the Corporations Law of Victoria;
(ha)the National Electricity (Victoria) Law;
(i)the AFIC (Victoria) Code;
(j)the Financial Institutions (Victoria) Code;
(ja)the National Gas (Victoria) Law;
* * * * *
(l)the Friendly Societies (Victoria) Code;
relevant day means the day on which the Interpretation of Legislation (Amendment) Act 1991 comes into operation.
* * * * *
(2)If an Act (whether passed before or after the relevant day) authorises or requires provision to be made for or in relation to a matter by a subordinate instrument, the subordinate instrument, if made on or after the relevant day and unless the contrary intention appears in the Act under or pursuant to which it is made—
(a)may make provision for or in relation to that matter by applying, adopting or incorporating, with or without modification, the provisions of—
(i)an Act; or
(ia)a Commonwealth Act; or
(ii)a Code; or
(iii)a statutory rule; or
(iv)a statutory rule (within the meaning of the Statutory Rules Publication Act 1903 of the Commonwealth) made under a Commonwealth Act—
as in force at a particular time or as in force from time to time; and
(b)must not make provision for or in relation to that matter by applying, adopting or incorporating any matter contained in a document (not being an Act, Commonwealth Act, Code, statutory rule or statutory rule made under a Commonwealth Act).
(3)If a subordinate instrument made on or after the relevant day is authorised or required to make, and does make, provision for or in relation to a matter by applying, adopting or incorporating any matter contained in a document (not being an Act, Commonwealth Act, Code, statutory rule or statutory rule made under a Commonwealth Act) whether as in force at a particular time or as in force from time to time—
(a)the Minister administering the Act under which the subordinate instrument was made must if the subordinate instrument is itself required to be laid before each House of the Parliament cause—
(i)a copy of the matter so applied, adopted or incorporated to be lodged with the Clerk of the Parliaments as soon as practicable after the subordinate instrument is required to be laid before each House of the Parliament; and
(ii)notice of the documents containing the matter so applied, adopted or incorporated and of the fact that a copy of the matter so applied, adopted or incorporated has been lodged with the Clerk of the Parliaments, to be published in the Government Gazette as soon as practicable after the copy of the matter has been lodged; and
(iii)a copy of the notice published in the Government Gazette to be laid before each House of the Parliament as soon as practicable after it is published; and
(b)a copy of the matter so applied, adopted or incorporated must be kept available for inspection during normal office hours by members of the public without charge—
(i)in the case of a subordinate instrument that is a statutory rule, at the Department of the Minister administering the Act under which the subordinate instrument is made or at some other appropriate public office specified by the Minister by a notice published in the Government Gazette; and
(ii)in the case of a subordinate instrument that is not a statutory rule, at the principal office of the body which made the subordinate instrument or at some other appropriate public office specified by the Minister administering the Act under which it is made by a notice published in the Government Gazette.
(4)If a subordinate instrument made on or after the relevant day is authorised or required to make, and does make, provision for or in relation to a matter by applying, adopting or incorporating any matter contained in a document (not being an Act, Commonwealth Act, Code, statutory rule or statutory rule made under a Commonwealth Act) as in force from time to time and after the subordinate instrument is made the matter so applied, adopted or incorporated is at any time amended—
(a)the Minister administering the Act under which the subordinate instrument was made must, if the subordinate instrument is itself required to be laid before each House of the Parliament, cause—
(i)a copy of the matter as so amended to be lodged with the Clerk of the Parliaments as soon as practicable after that amendment is made; and
(ii)notice of the amendment and the documents containing that amendment and of the fact that a copy of the matter as so amended has been lodged with the Clerk of the Parliaments, to be published in the Government Gazette as soon as practicable after the copy of the matter has been lodged; and
(iii)a copy of the notice published in the Government Gazette to be laid before each House of the Parliament as soon as practicable after it is published; and
* * * * *
(c)a copy of the matter as amended must be kept available for inspection during normal office hours by members of the public without charge—
(i)in the case of a subordinate instrument that is a statutory rule, at the Department of the Minister administering the Act under which the subordinate instrument is made or at some other appropriate public office specified by the Minister by a notice published in the Government Gazette; and
(ii)in the case of a subordinate instrument that is not a statutory rule, at the principal office of the body which made the subordinate instrument or at some other appropriate public office specified by the Minister administering the Act under which it is made by a notice published in the Government Gazette.
(5)A failure to comply with subsection (3) or (4) does not affect the validity, operation or effect of the subordinate instrument.
* * * * *
* * * * *
(12)Despite subsection (5), a person—
(a)must not be convicted of an offence consisting of a contravention of a subordinate instrument made on or after the relevant day if it is proved that, at the time of the alleged contravention; and
(b)is not prejudicially affected or made subject to any liability by a subordinate instrument made on or after the relevant day if it is proved that, at the relevant time—
a copy of any matter contained in a document (not being an Act, Commonwealth Act, Code, statutory rule or statutory rule made under a Commonwealth Act) applied, adopted or incorporated by the subordinate instrument could not be inspected as provided by this section.
(13)Despite any rule of law to the contrary, where salaries, wages, fees, allowances or expenses payable to any person or class of persons may be prescribed, determined or fixed by a subordinate instrument, whether or not the power to prescribe is subject to conditions, restrictions or limitations, the salaries, wages, fees, allowances or expenses may be prescribed, determined or fixed by the subordinate instrument by reference in that subordinate instrument to the salaries, wages, fees, allowances or expenses prescribed, determined or fixed by or under any other Act or by or under any Commonwealth Act from time to time as payable to any other person or class of persons.
(13A)If a subordinate instrument may prescribe, determine or fix any conditions of office for any person or class of persons, those conditions of office may be prescribed, determined or fixed by the subordinate instrument by reference in that subordinate instrument to the conditions of office applicable to any other person or class of persons prescribed, determined or fixed from time to time—
(a)by or under any other Act; or
(b)by or under any Commonwealth Act.
(13B)Subsection (13A) applies—
(a)whether or not the power to prescribe, determine or fix by subordinate instrument is subject to conditions, restrictions or limitations; and
(b)despite any rule of law to the contrary.
(14)A document or matter is not applied, adopted or incorporated in a subordinate instrument by reason only that it is referred to in the subordinate instrument, or in another document or other matter applied, adopted or incorporated in the subordinate instrument, if the document or matter so referred to does not affect the operation of the subordinate instrument.
* * * * *
33Citation of references in regulations, rules, by-laws and local laws
(1)Where a provision of a subordinate instrument containing a regulation, rule, by-law or local law refers—
(aaa)to a Chapter by a number, the reference shall, unless the context otherwise requires, be construed as a reference to the Chapter, designated by that number, of the subordinate instrument in which the reference occurs;
(aa)to a Part by a number, the reference shall, unless the context otherwise requires, be construed—
(i)if the subordinate instrument contains Chapters, as a reference to the Part, designated by that number, of the Chapter in which the reference occurs; or
(ii)if the subordinate instrument does not contain Chapters, as a reference to the Part, designated by that number, of the subordinate instrument in which the reference occurs;
(a)to a regulation, rule, by-law, local law or Schedule by a number, the reference shall, unless the context otherwise requires, be construed as a reference to the regulation, rule, by-law, local law or Schedule, designated by that number, of or to the subordinate instrument in which the reference occurs;
(b)to a Schedule but does not refer to it by a number, the reference shall, unless the context otherwise requires, if there is only one Schedule to the subordinate instrument in which the reference occurs, be construed as a reference to the Schedule to the subordinate instrument in which the reference occurs; or
(c)to a Division, Subdivision, subregulation, subrule, clause of a by-law, paragraph, subparagraph, sub-subparagraph, clause, subclause, sub-subclause, item, column, table or form by a number, the reference shall, unless the context otherwise requires, be construed as a reference—
(i)to the Division, designated by that number, of the Part in which the reference occurs;
(ii)to the Subdivision, designated by that number, of the Division in which the reference occurs;
(iii)to the subregulation or clause, designated by that number, of the regulation in which the reference occurs;
(iv)to the subrule or clause, designated by that number, of the rule in which the reference occurs;
(v)to the clause, designated by that number, of the by-law or local law in which the reference occurs;
(vi)to the paragraph, designated by that number, of the regulation, rule, by-law, local law, subregulation, subrule, clause of a by-law, local law, clause, subclause, interpretation or Schedule in which the reference occurs;
(vii)to the paragraph, designated by that number, of the clause, subclause, item, column, table or form or in the Schedule in which the reference occurs;
(viii)to the subparagraph, designated by that number, of the paragraph in which the reference occurs;
(ix)to the sub-subparagraph, designated by that number, of the subparagraph in which the reference occurs;
(x)to the clause, item, column, table or form, designated by that number, of or in the Schedule in which the reference occurs;
(xi)to the subclause, designated by that number, of the clause in which the reference occurs; or
(xii)to the sub-subclause, designated by that number, of the subclause in which the reference occurs—
as the case requires.
(2)In subsection (1) number means—
(a)a number expressed in words or figures;
(b)a letter;
(c)a combination of a number so expressed and a letter.
34Construction of references in subordinate instruments to portions of subordinate instruments or Acts
In a subordinate instrument, a description or citation of a portion of that subordinate instrument or of any other subordinate instrument or of any Act shall, unless the contrary intention appears, be construed as including the word, regulation, rule, by-law, subregulation, subrule, clause, section, subsection, paragraph, subparagraph, Chapter, Part, Schedule or other Division mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.
PART IV—PROVISIONS APPLICABLE TO ACTS AND SUBORDINATE INSTRUMENTS
35Principles of and aids to interpretation
In the interpretation of a provision of an Act or subordinate instrument—
(a)a construction that would promote the purpose or object underlying the Act or subordinate instrument (whether or not that purpose or object is expressly stated in the Act or subordinate instrument) shall be preferred to a construction that would not promote that purpose or object; and
(b)consideration may be given to any matter or document that is relevant including but not limited to—
(i)all indications provided by the Act or subordinate instrument as printed by authority, including punctuation;
(ii)reports of proceedings in any House of the Parliament;
(iii)explanatory memoranda or other documents laid before or otherwise presented to any House of the Parliament; and
(iv)reports of Royal Commissions, Parliamentary Committees, Law Reform Commissioners and Commissions, Boards of Inquiry, Formal Reviews or other similar bodies.
36Headings, Schedules, marginal notes and footnotes
(1)Headings to—
(a)Chapters, Parts, Divisions or Subdivisions into which an Act or subordinate instrument is divided; or
(b)Schedules to an Act or subordinate instrument—
form part of the Act or subordinate instrument.
(1A)Headings to Parts, Divisions or Subdivisions into which a Schedule to an Act or subordinate instrument is divided form part of the Act or subordinate instrument if—
(a)the Act is passed, or the subordinate instrument is made, on or after 1 January 2001; or
(b)the heading is inserted into an Act passed, or subordinate instrument made, before 1 January 2001 by an Act passed, or subordinate instrument made, on or after that date.
(2)A Schedule to an Act or subordinate instrument forms part of the Act or subordinate instrument.
(2A)Headings to—
(a)sections, clauses, regulations, rules or items into which an Act or subordinate instrument, or a Schedule to an Act or subordinate instrument, is divided; or
(b)tables, columns, examples, diagrams, notes (being notes at the foot of provisions and not marginal notes, footnotes or endnotes) or forms in an Act or subordinate instrument—
form part of the Act or subordinate instrument if—
(c)the Act is passed, or the subordinate instrument is made, on or after 1 January 2001; or
(d)the heading is inserted into an Act passed, or subordinate instrument made, before 1 January 2001 by an Act passed, or subordinate instrument made, on or after that date.
(2B)Headings to—
(a)Orders into which a subordinate instrument containing rules or orders regulating the practice and procedure of a court or tribunal is divided; or
(b)Parts into which an Order referred to in paragraph (a) is divided—
form part of the subordinate instrument if—
(c)the subordinate instrument is made on or after 1 January 2001; or
(d)the heading is inserted into a subordinate instrument made before 1 January 2001 by a subordinate instrument made on or after that date.
(3)No marginal note, footnote or endnote in an Act or subordinate instrument and no heading to a provision of an Act or subordinate instrument (not being a heading that forms part of the Act or subordinate instrument by force of subsection (1), (1A) or (2A)) shall be taken to form part of the Act or subordinate instrument.
(3A)An example (being an example at the foot of a provision under the heading "Example" or "Examples"), diagram or note (being a note at the foot of a provision and not a marginal note, footnote or endnote) in an Act or subordinate instrument forms part of the Act or subordinate instrument if—
(a)the Act is passed, or the subordinate instrument is made, on or after 1 January 2001; or
(b)the example, diagram or note is inserted into an Act passed, or subordinate instrument made, before 1 January 2001 by an Act passed, or subordinate instrument made, on or after that date.
(3B)Punctuation in an Act or subordinate instrument forms part of the Act or subordinate instrument if—
(a)the Act is passed, or the subordinate instrument is made, on or after 1 January 2001; or
(b)the punctuation is inserted into an Act passed, or subordinate instrument made, before 1 January 2001 by an Act passed, or subordinate instrument made, on or after that date.
(3C)A provision number in an Act or subordinate instrument (whether passed or made before, on or after 1 January 2001) forms part of the Act or subordinate instrument.
(3D)An explanatory memorandum or table of provisions printed with an Act or subordinate instrument before the title of the Act or subordinate instrument does not form part of the Act or subordinate instrument.
(3E)An index or other material printed with an Act or subordinate instrument after the endnotes to the Act or subordinate instrument does not form part of the Act or subordinate instrument.
(4)Nothing in subsection (3) shall be construed as preventing in the interpretation of a provision of an Act or subordinate instrument, the consideration pursuant to section 35(b) of any marginal note, footnote, endnote or heading not forming part of that Act or subordinate instrument.
36AExamples
(1)If an Act or subordinate instrument includes at the foot of a provision under the heading "Example" or "Examples" an example of the operation of the provision, the example—
(a)is not exhaustive; and
(b)may extend, but does not limit, the meaning of the provision.
(2)This section applies to an example of a kind referred to in subsection (1) included in an Act or subordinate instrument if—
(a)the Act is passed, or the subordinate instrument is made, on or after 1 January 2001; or
(b)the example is inserted into an Act passed, or subordinate instrument made, before 1 January 2001 by an Act passed, or subordinate instrument made, on or after that date.
36BLocation of penalties, examples and notes
(1)In this section legislative item means a penalty, an example or a note.
(2)A legislative item set out in an Act or subordinate instrument in relation to a provision of that Act or subordinate instrument is to be taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision if it would be at the foot of that provision if no other legislative item were set out in relation to that provision.
(3)This section applies in relation to a legislative item even if—
(a)that item was inserted by an amending Act or subordinate instrument that provided for its insertion before or after another specified legislative item and did not expressly provide for its insertion at the foot of the relevant provision; or
(b)the amending Act or subordinate instrument by which it was inserted described another specified legislative item as being at the foot of the relevant provision.
(4)Without limiting its application, this section has effect for the purposes of section 111 of the Sentencing Act 1991 and sections 36(3A) and 36A of this Act.
37Gender and number
In an Act or subordinate instrument, unless the contrary intention appears—
(a)words importing a gender include every other gender; and
* * * * *
(c)words in the singular include the plural; and
(d)words in the plural include the singular.
38Definitions
In all Acts and subordinate instruments, unless the contrary intention appears—
Act means an Act passed by the Parliament of Victoria;
ADI means authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;
approved alternative publication Internet site means an Internet site approved under section 38N;
Attorney-General means Attorney-General of Victoria;
audio link has the meaning given by Part IIA of the Evidence (Miscellaneous Provisions) Act 1958;
audio visual link has the meaning given by Part IIA of the Evidence (Miscellaneous Provisions) Act 1958;
Australia, when used in a geographical sense, includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory;
Australian lawyer has the same meaning as it has in the Legal Profession Uniform Law (Victoria);
Australian legal practitioner means—
(a)an Australian legal practitioner within the meaning of the Legal Profession Uniform Law (Victoria); or
(b)a non-participant legal practitioner within the meaning of Schedule 3 to the Legal Profession Uniform Law (Victoria);
* * * * *
bail justice means—
(a)a person appointed as a bail justice under section 14 of the Honorary Justices Act 2014; or
(b)a person re-appointed as a bail justice under section 15 of the Honorary Justices Act 2014; or
(c)a person who is a bail justice by virtue of holding a prescribed office under section 18 of the Honorary Justices Act 2014;
Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;
Chief Judge means Chief Judge of the County Court;
Chief Justice means Chief Justice of the Supreme Court;
Chief Magistrate means Chief Magistrate of the Magistrates' Court;
Children's Court means The Children's Court of Victoria;
Colonial Secretary and Chief Secretary mean the responsible Minister of the Crown for the time being administering the provision in which, or in respect of which, the expression is used or, if, for the time being, different Ministers are administering that provision in different respects, each of those Ministers to the extent that he or she is administering that provision in the relevant respect;
commencement, in relation to an Act or subordinate instrument or a provision of an Act or subordinate instrument, means the time at which the Act or subordinate instrument or provision comes into operation;
Commonwealth means the Commonwealth of Australia;
Commonwealth Act means an Act passed by the Parliament of the Commonwealth;
Consolidated Fund means the Consolidated Fund established under the Financial Management Act 1994;
contravention, in relation to an Act or subordinate instrument or a provision of an Act or subordinate instrument, includes a failure to comply with the Act or subordinate instrument or provision;
coroner has the same meaning as in section 3(1) of the Coroners Act 2008;
Coroners Court means the Coroners Court of Victoria;
Costs Court has the same meaning as it has in the Supreme Court Act 1986;
Costs Judge has the same meaning as it has in the Supreme Court Act 1986;
County Court means The County Court in and for the State of Victoria;
Court of Appeal means the division of the Supreme Court called the Court of Appeal[2];
Criminal Code of the Commonwealth means the Schedule to the Criminal Code Act 1995 of the Commonwealth;
Crown means the Crown in right of Victoria;
Deputy State Coroner means the Deputy State Coroner of the Coroners Court;
documentincludes, in addition to a document in writing—
(a)any book, map, plan, graph or drawing;
(b)any photograph;
(c)any label, marking or other writing which identifies or describes anything of which it forms part, or to which it is attached by any means whatsoever;
(d)any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;
(e)any film (including microfilm), negative, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
(f)anything whatsoever on which is marked any words, figures, letters or symbols which are capable of carrying a definite meaning to persons conversant with them;
dual commission holder means—
(a)in relation to the Chief Judge, a person who concurrently holds both the office of Chief Judge under the County Court Act 1958 and the office of Judge of the Supreme Court referred to in section 75(3)(d) of the Constitution Act 1975;
(b)in relation to the Chief Magistrate, a person who concurrently holds both the office of Chief Magistrate under the Magistrates' Court Act 1989 and the office of Judge of the Supreme Court referred to in section 75(3)(d) of the Constitution Act 1975;
electronic communication has the same meaning as in the Electronic Transactions (Victoria) Act 2000;
enactment means an Act or subordinate instrument or a provision of an Act or subordinate instrument;
entity includes a person and an unincorporated body;
external Territory means a Territory, not being an internal Territory, for the government of which as a Territory provision is made by any Commonwealth Act;
Family Court means Family Court of Australia;
Federal Court means Federal Court of Australia;
fee unithas the meaning given by section 4 of the Monetary Units Act 2004;
full nameand proper full name, in relation to a person who has a christian or other given name and a surname, mean the christian or other name given to that person and the surname of that person;
Government Gazette means the Victoria Government Gazette published by authority;
Government Printer means Government Printer for Victoria;
Note
See Constitution Act 1975 section 72.
Governor means the person for the time being administering the Government of Victoria;
Governor in Council means the Governor with the advice of the Executive Council;
High Court means High Court of Australia;
Imperial Act means an Act passed by—
(a)the Parliament of England;
(b)the Parliament of Great Britain;
(c)the Parliament of the United Kingdom of Great Britain and Ireland; or
(d)the Parliament of the United Kingdom of Great Britain and Northern Ireland;
individual means a natural person;
infamous offence and infamous crime include—
(a)perjury; and
(b)the commission of an act of bestiality or an attempt to commit an act of bestiality;
insolvent under administration means—
(a)a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction); or
(b)a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or
(c)a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if a final payment has not been made under that composition; or
(d)a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated; or
(e)a person who has executed a personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) but not if the agreement has been set aside or terminated or all of the obligations that the agreement created have been discharged;
internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory;
Jervis Bay Territory means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915 of the Commonwealth;
justice means a justice of the peace;
land includes buildings and other structures permanently affixed to land, land covered with water, and any estate, interest, easement, servitude, privilege or right in or over land;
law officer means the Attorney-General and includes any Minister of the Crown for the time being acting for or on behalf of the Attorney-General;
Legislative Assembly means the Legislative Assembly of Victoria;
Legislative Council means the Legislative Council of Victoria;
magistrate has the same meaning as in section 3(1) of the Magistrates' Court Act1989;
Magistrates' Court means the Magistrates' Court of Victoria;
Minister means the responsible Minister of the Crown for the time being administering the provision in which, or in respect of which, the expression is used or, if, for the time being, different Ministers are administering that provision in different respects, each of those Ministers to the extent that he or she is administering that provision in the relevant respect, and where a Minister of the Crown is referred to by the title of his or her Ministerial office, the reference shall be construed as including a reference to a Minister of the Crown for the time being acting for or on behalf of that Minister;
Northern Territory means Northern Territory of Australia;
oath and affidavit, in relation to persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration and, in relation to those persons, swear includes affirm and declare;
Parliament means the Parliament of Victoria;
penalty unit shall be construed in accordance with section 110 of the Sentencing Act 1991;
person includes a body politic or corporate as well as an individual;
police officer has the same meaning as in the Victoria Police Act 2013;
Premier means Premier of Victoria;
prescribed means prescribed by the Act in which the word is used or by a subordinate instrument made under or pursuant to that Act;
public service has the same meaning as in the Public Administration Act 2004;
rules of court in relation to any court, means rules made by the authority having power to make rules or orders regulating the practice and procedure of that court;
sheriffhas the same meaning as in the Sheriff Act 2009;
sitting days, in relation to either House of Parliament, means days on which the House actually sits;
Standards Australia means Standards Australia International Limited (ACN 087 326 690);
Standards Council of New Zealand means the Standards Council continued in existence under section 3 of the Standards Act 1988 of New Zealand;
State means the State of Victoria;
State Coroner means the State Coroner of the Coroners Court;
statutory declaration means a statutory declaration under Part 4 of the Oaths and Affirmations Act 2018;
statutory rule has the same meaning as in the Subordinate Legislation Act 1994;
subordinate instrument means an instrument made under an Act—
(a)that is a statutory rule; or
(b)that is not a statutory rule but—
(i)contains regulations, rules, by‑laws, proclamations, Orders in Council, orders or schemes; or
(ii)is of a legislative character;
Supreme Court means The Supreme Court of the State of Victoria;
Territory (when used in an Act passed, or subordinate instrument made, on or after 1 January 2001 or inserted into an Act passed, or subordinate instrument made, before 1 January 2001 by an Act passed, or subordinate instrument made, on or after that date) means a Territory referred to in section 122 of the Constitution of the Commonwealth and includes a Territory administered by the Commonwealth under a Trusteeship Agreement;
Treasurer means the Treasurer of Victoria;
VCAT means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
waterway means a waterway as defined in section 3(1) of the Water Act 1989;
writing includes all modes of representing or reproducing words, figures or symbols in a visible form and expressions referring to writing shall be construed accordingly.
38AAA References to Departments
If—
(a)reference is made in an Act or subordinate instrument to a particular Department; and
(b)under the Public Administration Act 2004 the name of the Department is changed—
the reference is, from the date when the name is changed and so far as it relates to any period on or after that date, to be taken to be a reference to the Department by its new name.
38AA References to Australian Standards, etc.
(1)In an Act or subordinate instrument, a reference consisting of the words "Australian Standard" or the letters "AS" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia.
(1A)In an Act or subordinate instrument, a reference consisting of the expression "Australian/New Zealand Standard" or "AS/NZS" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand.
(2)In an Act or subordinate instrument, a reference to Standards Australia includes a reference to the Standards Association of Australia as constituted before 1 July 1999.
(3)In an Act or subordinate instrument, a reference to the Standards Association of Australia, so far as it relates to any period on or after 1 July 1999, is a reference to Standards Australia.
38AReferences to Corporations legislation
In an Act or subordinate instrument—
ASC Law has the same meaning as ASIC Law;
ASC Regulations has the same meaning as ASIC Regulations has when ASIC Regulations is used in relation to the ASIC Law;
ASIC Law has the meaning provided for by Part 11 of the Corporations (Victoria) Act 1990;
ASIC Act means the Australian Securities and Investments Commission Act 2001 of the Commonwealth;
ASIC Regulations—
legislation means—
(a)an Act;
Note
Act is defined in section 38.
(b)a statutory rule;
Note
Statutory rule is defined in section 38.
(c)a consolidation of an Act as amended from time to time prepared by the Chief Parliamentary Counsel;
(d)a consolidation of a statutory rule as amended from time to time prepared by the Chief Parliamentary Counsel;
Victorian Legislation Website means of Part
This Part is in addition to, and does not derogate from, section 54.
62Authorisation of electronic version
(1)The Chief Parliamentary Counsel may authorise an electronic version.
(2)An electronic version is an authorised electronic version if—
(a)it is in the format authorised by the Chief Parliamentary Counsel;
(b)the words "Version" appear at the beginning of the version;
(c)the words "Authorised by the Chief Parliamentary Counsel" appear at the foot of each page of the version.
(3)An electronic version which does not comply with subsection (2) is not an authorised electronic version.
63Printed copy of authorised electronic version
A printed copy of an authorised electronic version is an Version only if it is printed directly from the authorised electronic version.
64Evidentiary provisions
(1)An Version is on the mere production of that Version admissible as evidence thereof before all courts and persons acting judicially within Victoria.
(2)It is presumed, unless the contrary is proved, that a document purporting to be an Version is what it purports to be.
Note
Document is defined in section 38.
PART VI—GENERAL
65Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)exempting an entity or a class of entity or a document (including an Act, a statutory rule or any other subordinate instrument) or class of document from the application of section 38M;
(b)prescribing matters relating to the location or format of electronic publication under section 38M;
(c)any matter or thing required to be prescribed by this Act or necessary to be prescribed to give effect to this Act.
(2)The regulations may—
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstance;
(c)apply to different classes of entities or documents;
(d)leave any matter or thing to be from time to time determined or approved by a specified entity;
(e)confer powers or discretions or impose duties on any specified entity or class of entity;
(f)provide in a specified case or class of cases for the exemption of entities or documents or a class of entity or document from any provision of the regulations—
(i)whether unconditionally or on specified conditions; and
(ii)either wholly or to the extent specified in the regulations.
(3)A power conferred by this Act to make regulations may be exercised—
(a)in relation to—
(i)all cases to which the power extends; or
(ii)all those cases subject to specified exceptions; or
(iii)any specified case or class of case; and
(b)so as to make, in relation to any provision for which the power is exercised—
(i)the same provision for all cases; or
(ii)different provisions for different cases or classes of case; or
(iii)different provisions for the same case or class of case for different purposes.
SCHEDULE 1—STYLE CHANGES
Section 54A
1For an expression specified in column 1 of the Table substitute the expression specified opposite it in column 2 of the Table—
Table
column 1
old style
column 2
new style
Sub-division Subdivision sub-section subsection sub-paragraph subparagraph sub-sub-paragraph sub-subparagraph sub-clause subclause sub-sub-clause sub-subclause sub-regulation subregulation sub-rule subrule 2For a Part, Division or Subdivision heading that is not formatted using a style under which only the first letter of the initial word and of any proper noun is capitalised substitute that heading formatted using that style.
2AIn the case of a Schedule that has a heading designating the number of that Schedule and a title of that Schedule, for that heading and title substitute a heading combining that heading and title, separated by an em rule, and formatted using a style under which only the first letter of the initial word and of any proper noun is capitalised.
2BFor a Schedule heading (other than a Schedule heading to which clause 2A applies), or a Part heading within a Schedule, that is not formatted using a style under which only the first letter of the initial word and of any proper noun is capitalised substitute that heading formatted using that style.
2CIn the case of a Form that has a heading designating the number of that Form and a title of that Form, for that heading substitute a heading consisting of that heading and title, separated by an em rule, and formatted using a style under which only the first letter of the initial word and of any proper noun is capitalised.
3For a note at the foot of a provision that is not formatted under the heading "Note" or "Notes" substitute that note under the heading "Note" or "Notes" (according to whether there is more than one note at the foot of the provision).
4In a note that is reformatted in accordance with clause 3 omit the expression "Note:" and any number contained within that expression and insert that number (if any) at the beginning of the note.
5Omit any double quotation marks around a defined word or defined expression.
Note
Defined words and expressions are printed in bold italics.
6Omit the full stop immediately following the provision number at the beginning of a provision.
7For a title of an Act or a statutory rule that is not formatted in italics without bolding substitute that title formatted using that style.
8Omit the line appearing at the end of a Part indicating the end of the Part.
* * * * *
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Interpretation of Legislation Act 1984 was assented to on 22 May 1984 and came into operation on 1 July 1984: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).2 Table of Amendments
This publication incorporates amendments made to the Interpretation of Legislation Act 1984 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Interpretation of Legislation (Further Amendment) Act 1985, No. 10214/1985
Assent Date: 3.12.85 Commencement Date: S. 4 on 1.1.86: s. 2(2); rest of Act on 1.9.85: s. 2(1) CurrentState: All of in Act of operation Penalties and Sentences Act 1985, No. 10260/1985
Assent Date: 10.12.85 Commencement Date: S. 114(Sch. 4 item 8) on 1.6.86: Government Gazette 30.4.86 p. 1116 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Interpretation of Legislation (Amendment) Act 1986, No. 4/1986
Assent Date: 25.3.86 Commencement Date: 25.3.86 CurrentState: All of Act in operation Constitution (British Subjects) Act 1986, No. 61/1986
Assent Date: 16.9.86 Commencement Date: 27.5.87: Government Gazette 27.5.87 p. 1235 CurrentState: All of Act in operation Local Government (Consequential Provisions) Act 1989, No. 12/1989 (as amended by No. 13/1990)
Assent Date: 9.5.89 Commencement Date: S. 4(1)(Sch. 2 items 63.1–63.6) on 1.11.89: Government Gazette 1.11.89 p. 2798 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Magistrates' Court Act 1989, No. 51/1989
Assent Date: 14.6.89 Commencement Date: S. 146 on 1.9.90: Government Gazette 25.7.90 p. 2216 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Children and Young Persons Act 1989, No. 56/1989
Assent Date: 14.6.89 Commencement Date: S. 286(Sch. 2 item 10) on 31.1.91: Special Gazette (No. 9) 31.1.91 p. 2 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 CurrentState: All of Act in operation Water (Consequential Amendments) Act 1989, No. 81/1989
Assent Date: 5.12.89 Commencement Date: 1.11.90: Government Gazette 15.8.90 p. 2473 CurrentState: All of Act in operation Corporations (Victoria) Act 1990, No. 80/1990
Assent Date: 11.12.90 Commencement Date: All of Act (except s. 98(2)) on 1.1.91: Special Gazette (No. 69) 21.12.90 p. 1; s. 98(2) on 22.5.91: Government Gazette 22.5.91 p. 1338 CurrentState: All of Act in operation Interpretation of Legislation (Amendment) Act 1991, No. 6/1991
Assent Date: 16.4.91 Commencement Date: 16.4.91 CurrentState: All of Act in operation Sentencing Act 1991, No. 49/1991
Assent Date: 25.6.91 Commencement Date: 22.4.92: Government Gazette 15.4.92 p. 898 CurrentState: All of Act in operation Financial Institutions (Victoria) Act 1992, No. 48/1992
Assent Date: 30.6.92 Commencement Date: S. 116 on 22.7.92: Government Gazette 22.7.92 p. 1874 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Interpretation of Legislation (Amendment) Act 1993, No. 95/1993
Assent Date: 16.11.93 Commencement Date: All of Act (except s. 4(1)(3)) on 16.11.93: s. 2(1); s. 4(1)(3) on 1.9.85: s. 2(2) CurrentState: All of Act in operation Public Holidays Act 1993, No. 119/1993
Assent Date: 7.12.93 Commencement Date: 7.12.93 CurrentState: All of Act in operation Financial Management Act 1994, No. 18/1994
Assent Date: 10.5.94 Commencement Date: Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) CurrentState: All of Act in operation Subordinate Legislation Act 1994, No. 104/1994
Assent Date: 13.12.94 Commencement Date: 1.1.95: s. 2 CurrentState: All of Act in operation Constitution (Amendment) Act 1994, No. 108/1994
Assent Date: 20.12.94 Commencement Date: All of Act (except s. 11) on 20.12.94: s. 2(1); s. 11 immediately after the commencement of the Australia Act 1986 of the Commonwealth-0500 Greenwich Mean Time on 3.3.86 CurrentState: All of Act in operation Constitution (Court of Appeal) Act 1994, No. 109/1994
Assent Date: 20.12.94 Commencement Date: Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 CurrentState: All of Act in operation Consumer Credit (Victoria) Act 1995, No. 41/1995
Assent Date: 14.6.95 Commencement Date: Ss 60, 61 on 1.11.96: Government Gazette 29.8.96 p. 2274 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995
Assent Date: 5.12.95 Commencement Date: S. 28 on 5.6.96: s. 2(6) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Friendly Societies (Victoria) Act 1996, No. 83/1996
Assent Date: 23.12.96 Commencement Date: Ss 38, 39 on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Interpretation of Legislation (Amendment) Act 1997, No. 6/1997
Assent Date: 22.4.97 Commencement Date: 22.4.97: s. 2 CurrentState: All of Act in operation National Electricity (Victoria) Act 1997, No. 29/1997
Assent Date: 27.5.97 Commencement Date: Ss 9, 10 on 13.12.98: Special Gazette (No. 148) 11.12.98 p. 1 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997
Assent Date: 2.12.97 Commencement Date: S. 51 on 2.12.97: s. 2(1) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Gas Pipelines Access (Victoria) Act 1998, No. 31/1998
Assent Date: 19.5.98 Commencement Date: Ss 26, 27 on 1.7.99: Government Gazette 1.7.99 p. 1521 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Financial Sector Reform (Victoria) Act 1999, No. 37/1999
Assent Date: 8.6.99 Commencement Date: S. 58(Sch. 1 item 2) on 15.6.01: Government Gazette 14.6.01 p. 1273 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Crimes at Sea Act 1999, No. 56/1999
Assent Date: 21.12.99 Commencement Date: S. 10 on 31.3.01: Government Gazette 29.3.01 p. 523 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Interpretation of Legislation (Amendment) Act 2000, No. 60/2000
Assent Date: 8.11.00 Commencement Date: 1.1.01: s. 2 CurrentState: All of Act in operation Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 67) on 15.7.01: s. 2 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 38) on 24.4.02: s. 2(1) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002
Assent Date: 18.6.02 Commencement Date: S. 25(3) on 19.6.02: s. 2(1) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Fair Trading (Amendment) Act 2003, No. 30/2003 (as amended by No. 106/2003)
Assent Date: 27.5.03 Commencement Date: S. 78 on 28.5.03: s. 2(1) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Interpretation of Legislation (Amendment) Act 2004, No. 61/2004
Assent Date: 12.10.04 Commencement Date: 13.10.04: s. 2 CurrentState: All of Act in operation National Electricity (Victoria) Act 2005, No. 8/2005
Assent Date: 27.4.05 Commencement Date: S. 16 on 1.7.05: Special Gazette (No. 120) 28.6.05 p. 2 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Interpretation of Legislation (Further Amendment) Act 2006, No. 13/2006
Assent Date: 11.4.06 Commencement Date: 12.4.06: s. 2 CurrentState: All of Act in operation Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 15) on 7.6.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Interpretation of Legislation Amendment Act 2007, No. 2/2007
Assent Date: 6.3.07 Commencement Date: 6.3.07: s. 2 CurrentState: All of Act in operation Motor Car Traders Amendment Act 2008, No. 4/2008
Assent Date: 4.3.08 Commencement Date: S. 31 on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 National Gas (Victoria) Act 2008, No. 30/2008
Assent Date: 17.6.08 Commencement Date: S. 42 on 1.7.08: Special Gazette (No. 184) 1.7.08 p. 1 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Coroners Act 2008, No. 77/2008
Assent Date: 11.12.08 Commencement Date: S. 129(Sch. 2 item 13) on 1.11.09: s. 2 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Courts Legislation Amendment (Costs Court and Other Matters) Act 2008, No. 78/2008
Assent Date: 11.12.08 Commencement Date: S. 24 on 31.12.09: s. 2(3) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Sheriff Act 2009, No. 9/2009
Assent Date: 24.3.09 Commencement Date: S. 77 on 1.10.09: Government Gazette 1.10.09 p. 2539 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 71) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 29) on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010
Assent Date: 23.3.10 Commencement Date: S. 800(Sch. 6 item 7) on 1.1.12: s. 2(2) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Credit (Commonwealth Powers) Act 2010, No. 11/2010
Assent Date: 30.3.10 Commencement Date: Ss 51, 52 on 1.7.10: Government Gazette 24.6.10 p. 1273 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
Assent Date: 30.3.10 Commencement Date: S. 49 on 1.7.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Justice Legislation Further Amendment Act 2010, No. 64/2010
Assent Date: 28.9.10 Commencement Date: S. 28 on 1.1.11: s. 2(3) Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Bail Amendment Act 2010, No. 70/2010
Assent Date: 19.10.10 Commencement Date: S. 39 on 1.1.11: s. 2(2) Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 13) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Children's Services Amendment Act 2011, No. 80/2011
Assent Date: 21.12.11 Commencement Date: S. 79(Sch. item 4) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 22) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Statute Law Revision Act 2012, No. 43/2012
Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 24) on 28.6.12: s. 2(1) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Resources Legislation Amendment (General) Act 2012, No. 64/2012
Assent Date: 30.10.12 Commencement Date: S. 73 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Electronic Conveyancing (Adoption of National Law) Act 2013, No. 7/2013
Assent Date: 26.2.13 Commencement Date: S. 15 on 14.3.13: Special Gazette (No. 86) 13.3.13 p. 1 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Rail Safety National Law Application Act 2013, No. 22/2013
Assent Date: 23.4.13 Commencement Date: S. 59 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Heavy Vehicle National Law Application Act 2013, No. 30/2013
Assent Date: 4.6.13 Commencement Date: S. 60(Sch. item 5) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1 Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Marine (Domestic Commercial Vessel National Law Application) Act 2013, No. 36/2013
Assent Date: 18.6.13 Commencement Date: S. 83 on 1.7.13: Special Gazette (No. 226) 25.6.13 p. 1 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Consumer Affairs Legislation Amendment Act 2013, No. 57/2013
Assent Date: 22.10.13 Commencement Date: Ss 11, 12 on 23.10.13: s. 2(3) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 25) on 1.12.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Legal Profession Uniform Law Application Act 2014, No. 17/2014 (as amended by No. 8/2015)
Assent Date: 25.3.14 Commencement Date: Ss 158, 159 on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Honorary Justices Act 2014, No. 32/2014
Assent Date: 13.5.14 Commencement Date: S. 57 on 1.9.14: s. 2(2) Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014
Assent Date: 9.9.14 Commencement Date: S. 109 on 10.9.14: s. 2(1) CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Inquiries Act 2014, No. 67/2014
Assent Date: 23.9.14 Commencement Date: S. 147(Sch. 2 item 23) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 CurrentState: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Interpretation of Legislation Amendment Act 2015, No. 5/2015
Assent Date: 25.3.15 Commencement Date: Ss 4–10 on 1.7.15: s. 2 Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Statute Law Revision Act 2015, No. 21/2015
Assent Date: 16.6.15 Commencement Date: S. 3(Sch. 1 item 29) on 1.8.15: s. 2(1) Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Justice Legislation Further Amendment Act 2016, No. 3/2016
Assent Date: 16.2.16 Commencement Date: S. 59 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017
Assent Date: 29.8.17 Commencement Date: S. 88 on 30.8.17: s. 2(1) Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017
Assent Date: 24.10.17 Commencement Date: S. 14 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 66 on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021
Assent Date: 23.3.21 Commencement Date: S. 195 on 26.4.21: s. 2(2) Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022
Assent Date: 15.2.22 Commencement Date: S. 96 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1 Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022
Assent Date: 29.3.22 Commencement Date: Ss 37–39 on 31.7.22: s. 2(8) Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023
Assent Date: 5.9.23 Commencement Date: Ss 3−6 on 6.9.23: s. 2 Current State: This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
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3 Explanatory details
[1] S. 32: Section 4 of the Interpretation of Legislation (Amendment) Act 1991, No. 6/1991 reads as follows:
4Validation of existing subordinate instruments
(1)Subject to subsection (4) and despite anything to the contrary in section 32(3) of the Interpretation of Legislation Act 1984 (as in force immediately before the commencement of this Act), a subordinate instrument within the meaning of that Act that was made before that commencement and that has not been, and does not purport to have been, revoked, whether directly or indirectly, is not to be taken to be, or to have ever been, void and of no effect by reason only of a failure to comply with section 32(2)(a) of that Act in relation to that subordinate instrument.
(2)The Legal and Constitutional Committee may report a failure referred to in subsection (1) to each House of the Parliament and the subordinate instrument shall be disallowed if each House passes a resolution in accordance with subsection (3).
(3)Section 32 of the Interpretation of Legislation Act 1984 (as amended by this Act) applies to a resolution to disallow a subordinate instrument under this section in the same manner and to the same extent as it applies to a resolution under section 32 of that Act as so amended and in force for the time being.
(4)A question concerning the validity of a subordinate instrument arising in proceedings commenced before the commencement of this Act must be determined as if this section had not been enacted.
[2] S. 38 def. of Court of Appeal: Sections 29 and 30 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 read as follows:
29Proceedings before Full Court
(1)The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.
(2)If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgement in that proceeding, may be done by the Court of Appeal.
30References to Full Court
A reference in an Act or an instrument made under an Act or in any other document to the Full Court of the Supreme Court or to the Supreme Court sitting as the Full Court is to be taken to include a reference to the Court of Appeal.
[3] S. 44(5): Section 43 of the Supreme Court Act 1986, No. 110/1986 reads as follows:
S. 43 (Heading) inserted by No. 17/2005 s. 7(1).
43Standard time in Victoria
S. 43(1) substituted by No. 17/2005 s. 7(2).
(1)Standard time throughout Victoria is the time that is 10 hours in advance of Co-ordinated Universal Time.
Note
Under section 8AA of the National Measurement Act 1960 of the Commonwealth the Chief Metrologist is required to maintain Co-ordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures.
(2)If—
(a)an expression of time occurs in an instrument; or
(b)the doing or not doing of anything at a certain time has an effect in law—
the time is standard time as provided in subsection (1) unless it is otherwise specifically stated.
[4] S. 57: Section 11 of the Crimes at Sea Act 1999, No. 56/1999 reads as follows:
11Application of repeal and amendments
(1)In this section commencement day means the day on which this Act comes into operation.
(2)Although section 9 repeals the Crimes (Offences at Sea) Act 1978, that Act continues to apply, in relation to acts and omissions that took place before the commencement day, as if the repeal had not happened.
(3)The amendments of the Interpretation of Legislation Act 1984 made by section 10 apply to acts and omissions that take place on or after the commencement day.
(4)For the purposes of this section, if an act or omission is alleged to have taken place between two dates, one before and one after the commencement day, the act or omission is alleged to have taken place before the commencement day.
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