Untitled document

Interpretation of Legislation (Amendment) Act

2000

Act No. 60/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	References to Chapters of an Act	3
5.	Prescribing matters by reference to Commonwealth Acts or
statutory rules	3
6.	References to Chapters of a subordinate instrument	4
7.	Status of headings, examples, notes, punctuation, indexes etc.	5
8.	New section 36A inserted	7

36A. Examples 7

9.	Definitions	8
10.	New section 38AA inserted	9
38AA. References to Australian Standards, etc.	9

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ENDNOTES 10

i

Victoria

No. 60 of 2000

Interpretation of Legislation

(Amendment) Act 2000†

[Assented to 8 November 2000]

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—

(a) to enable Acts and subordinate instruments to be divided into Chapters;

Interpretation of Legislation (Amendment) Act 2000

s. 2 Act No. 60/2000

(b) incorporate by reference provisions of

to enable subordinate instruments to statutory rules;

(c)	to make headings to sections and certain other provisions in, or inserted by, a post-1 January 2001 Act or subordinate instrument form part of the Act or subordinate instrument;
(d)	to clarify the status of examples, punctuation and other material printed in or with an Act or subordinate instrument;
(e)	to provide definitions of certain expressions for the purposes of all Acts and subordinate instruments;
(f)

to facilitate references to Australian instruments.

2. Commencement

This Act comes into operation on 1 January 2001.

3. Principal Act

See:

Act No. 10096	In this Act, the Interpretation of Legislation Act
Reprint No. 5	1984 is called the Principal Act.
as at 5 June 1997 and amending Acts Nos 83/1996, 29/1997, 84/1997 and 31/1998. Law Today: dpc.vic. gov.au

Interpretation of Legislation (Amendment) Act 2000

Act No. 60/2000 s. 4

4. References to Chapters of an Act

(1) In section 19(1) of the Principal Act, before

paragraph (a) insert—

"(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, as a reference to the Part, designated by that number, of the Chapter 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;".

(2) In section 19(1)(a) of the Principal Act, omit

"Part," (where twice occurring).

(3) In section 20 of the Principal Act, after "clause,"

insert "Chapter,".

5.  Prescribing matters by reference to Commonwealth Acts or statutory rules

(1) In section 32(1) of the Principal Act, the
definition of "statutory rule" is repealed.
(2) In section 32(2)(a) of the Principal Act—

(a) after sub-paragraph (i) insert— "(ia) a Commonwealth Act; or";

Interpretation of Legislation (Amendment) Act 2000

s. 6 Act No. 60/2000

(b) at the end of sub-paragraph (iii) insert—

"; or

(iv) the Statutory Rules Publication Act

a statutory rule (within the meaning of under a Commonwealth Act—".

(3) In section 32(2)(b), (3), (4) and (12) of the Principal Act, for "Code or statutory rule" substitute "Commonwealth Act, Code, statutory

rule or statutory rule made under a

Commonwealth Act".

6. References to Chapters of a subordinate instrument

(1) In section 33(1) of the Principal Act, before

paragraph (a) insert—

"(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;".

Interpretation of Legislation (Amendment) Act 2000

Act No. 60/2000 s. 7

(2) In section 33(1)(a) of the Principal Act, omit

"Part," (where twice occurring).

(3) In section 34 of the Principal Act, after "sub-

paragraph," insert "Chapter,".

7.  Status of headings, examples, notes, punctuation, indexes etc.

(1) In section 36(1)(a) of the Principal Act, before

"Parts," insert "Chapters,".

(2) In section 36 of the Principal Act, after sub-

section (1) insert—

"(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 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.".

(3) In section 36 of the Principal Act, after sub-

section (2) insert—

"(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, provisions and not marginal notes, footnotes or endnotes) or forms in an Act or subordinate instrument—

Interpretation of Legislation (Amendment) Act 2000

s. 7 Act No. 60/2000

form part of the Act or subordinate

instrument if—

(c)

the Act is passed, or the subordinate 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.".

(4) In section 36(3) of the Principal Act—

(a)	for "or footnote" substitute ", footnote or endnote";
(b)	for "provision referred to in sub-section (1)" substitute "heading that forms part of the Act or subordinate instrument by force of sub-section (1), (1A) or (2A)".

(5) In section 36 of the Principal Act, after sub-

section (3) insert—
'(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 1 January 2001; or

(b)

the example, diagram or note is inserted instrument made, before 1 January 2001 by an Act passed, or subordinate instrument made, on or after that date.

Interpretation of Legislation (Amendment) Act 2000

Act No. 60/2000 s. 8

(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 1 January 2001; or

(b) passed, or subordinate instrument

the punctuation is inserted into 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.'.

(6) In section 36(4) of the Principal Act, after

"footnote" insert ", endnote".

8. New section 36A inserted

After section 36 of the Principal Act insert—

'36A. Examples

(1) If an Act or subordinate instrument includes
at the foot of a provision under the heading
"Example" or "Examples" an example of

Interpretation of Legislation (Amendment) Act 2000

s. 9 Act No. 60/2000

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 sub-section (1) included in an Act or subordinate instrument if—

(a)

the Act is passed, or the subordinate 1 January 2001; or

(b) passed, or subordinate instrument

the example is inserted into an Act passed, or subordinate instrument made, on or after that date.'.

9. Definitions

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

' "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;

"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;

"internal Territory" means the Australian

Capital Territory, the Jervis Bay Territory or the Northern Territory;

Interpretation of Legislation (Amendment) Act 2000

Act No. 60/2000 s. 10

"Jervis Bay Territory" means the Territory

referred to in the Jervis Bay Territory

Acceptance Act 1915 of the Commonwealth;

"Standards Australia" means Standards

Australia International Limited
(ACN 087 326 690);

"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;'.

10. New section 38AA inserted

After section 38 of the Principal Act insert—

'38AA. References to Australian Standards, etc.

(1) In an Act or subordinate instrument, a

reference consisting of the words "Australian 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.

(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

Interpretation of Legislation (Amendment) Act 2000

Endnotes Act No. 60/2000

or after 1 July 1999, is a reference to

Standards Australia.'.

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ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 29 August 2000

Legislative Council: 5 October 2000

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