Untitled document

Interpretation of Legislation Amendment Act 2015

No. 5 of 2015

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Principal Act

4Citation of Acts by title

5Provision as to effect of repeal etc. of Acts

6Citation of references in Acts

7Definitions

8New section 38EA inserted

9Construction of power to delegate

10Schedule 1—style changes

11Repeal of amending Act

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Endnotes

1      General information

Interpretation of Legislation Amendment Act 2015

No. 5 of 2015

[Assented to 25 March 2015]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Interpretation of Legislation Act 1984—

(a)to include new definitions and interpretive provisions to improve the operation of that Act; and

(b)to provide for the updating of Acts and statutory rules to bring them into conformity with current drafting style.

2Commencement

This Act comes into operation on 1 July 2015.

3Principal Act

In this Act, the Interpretation of Legislation Act 1984 is called the Principal Act.

4Citation of Acts by title

After section 10(2) of the Principal Act insert—

"(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).".

5Provision as to effect of repeal etc. of Acts

(1)After section 14(2)(e) of the Principal Act insert—

"(ea)affect any immunity or indemnity conferred or given by or under that Act or provision;".

(2)For section 14(2)(g) of the Principal Act substitute—

"(g)affect any investigation, legal proceeding or remedy in respect of anything mentioned in paragraphs (e) to (f)—".

6Citation of references in Acts

For section 19(1)(aa)(i) of the Principal Act substitute—

"(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".

7Definitions

In section 38 of the Principal Act insert the following definition—

"police officer has the same meaning as in the Victoria Police Act 2013;".

8New section 38EA inserted

After section 38E of the Principal Act insert—

"38EA   Definition of registered medical practitioner

(1)Unless the contrary intention appears, in an Act or a subordinate instrument to which this section applies—

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).

(2)This section applies to—

(a)an Act that is passed, or a subordinate instrument that is made, on or after 1 July 2015; or

(b)an Act that is passed, or a subordinate instrument that is made, before 1 July 2015—

(i)into which a reference to registered medical practitioner is inserted on or after 1 July 2015; and

(ii)which does not contain a reference to registered medical practitioner immediately before 1 July 2015.".

9Construction of power to delegate

In section 42A(1) of the Principal Act, before paragraph (a) insert—

"(aa)the power to delegate does not include the power to delegate that power of delegation;".

10Schedule 1—style changes

(1)In clause 2 of Schedule 1 to the Principal Act, after "For a" insert "Part,".

(2)After clause 2 of Schedule 1 to the Principal Act insert—

"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.".

(3)After clause 6 of Schedule 1 to the Principal Act insert—

"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.".

11Repeal of amending Act

This Act is repealed on 1 July 2016.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 11 February 2015

Legislative Council: 26 February 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Interpretation of Legislation Act 1984 and for other purposes."