Untitled document

Interpretation of Legislation (Amendment) Act 2004

Act No. 61/2004

TABLE OF PROVISIONS

Section  Page

1.Purpose

2.Commencement

3.References to portions of Acts that have a staggered commencement

4.Headings within court or tribunal rules

5.New section 36B inserted

36B.Location of penalties, examples and notes

6.Definitions

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ENDNOTES

Interpretation of Legislation (Amendment) Act 2004

[Assented to 12 October 2004]

The Parliament of Victoria enacts as follows:

1.Purpose

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

(a)provide for the interpretation of references in Acts to a portion of an Act where all of the portion does not come into operation on the one day;

(b)clarify the status of headings within court or tribunal rules;

(c)facilitate the use of examples and notes within Acts and subordinate instruments;

(d)further shorten Acts and subordinate instruments by expanding the range of definitions of commonly-used terms.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.References to portions of Acts that have a staggered commencement

In section 11(4) of the Interpretation of Legislation Act 1984—

(a)after "another Act" insert "or a portion containing 2 or more provisions of that Act or another Act";

(b)after "the Act" (where twice occurring) insert "or portion".

4.Headings within court or tribunal rules

After section 36(2A) of the Interpretation of Legislation Act 1984 insert—

"(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.".

5.New section 36B inserted

After section 36A of the Interpretation of Legislation Act 1984 insert—

'36B.Location 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.'.

6.Definitions

(1)In section 38 of the Interpretation of Legislation Act 1984 insert the following definitions—

'"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;

"VCAT" means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;'.

(2)In section 3 of the Interpretation of Legislation Act 1984, the definitions of "statutory rule" and "subordinate instrument" are repealed.

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ENDNOTES

Minister's second reading speech—

Legislative Assembly: 12 May 2004

Legislative Council: 15 September 2004

The long title for the Bill for this Act was "to amend the Interpretation of Legislation Act 1984."