(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and in force for the time being; and s. 17 (d) if the Act, subordinate instrument or provision in question has been repealed and not re-enacted or re-made, as a reference to the Act, subordinate instrument or provision as in force immediately before its repeal. S. 17(1A) inserted by No. 13/2006 s. 7(1). (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.
S. 32(4)(a) substituted by No. 104/1994 s. 30(2), amended by No. 30/2003 s. 78 (as amended by No. 106/2003 s. 23). (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— s. 32 (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 S. 32(4)(b) repealed by No. 104/1994 s. 30(2). * * * * * (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
S. 36(4) amended by No. 60/2000 s. 7(6). (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. S. 36A inserted by No. 60/2000 s. 8. 36A Examples s. 36A (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. S. 36B inserted by No. 61/2004 s. 5. 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
38 Definitions In all Acts and subordinate instruments, unless the contrary intention appears— Act means an Act passed by the Parliament of Victoria; S. 38 def. of ADI inserted by No. 13/2006 s. 9. ADI means authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; S. 38 def. of inserted by No. 13/2006 s. 9. Attorney-General means Attorney-General of ; S. 38 def. of inserted by No. 60/2000 s. 9. 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; S. 38 def. of Children's Court inserted by No. 56/1989 s. 286(Sch. 2 item 10), repealed by 29/2006 s. 3(Sch. 1 item 15.1). * * * * * s. 38 S. 38 def. of bail justice inserted by No. 51/1989 s. 146(a)(i), substituted by No. 35/2002 s. 25(3), amended by No. 70/2010 s. 39, substituted by No. 32/2014 s. 57. 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
County Court means The County Court in and for the State of ; S. 38 def. of Court of Appeal inserted by No. 109/1994 s. 31. Court of Appeal means the division of the Supreme Court called the Court of Appeal; S. 38 def. of Criminal Code of the inserted by No. 13/2006 s. 9. 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; S. 38 def. of Deputy State Coroner inserted by No. 77/2008 s. 129(Sch. 2 item 13). Deputy State Coroner means the Deputy State Coroner of the ; document includes, in addition to a document in writing— s. 38 (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
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; s. 38 S. 38 def. of internal Territory inserted by No. 60/2000 s. 9. internal Territory means the , the or the ; S. 38 def. of inserted by No. 60/2000 s. 9. 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; S. 38 def. of Magistrates' Court inserted by No. 51/1989 s. 146(a)(ii). Magistrates' Court means the Magistrates' Court of Victoria; Minister means the responsible Minister of the Crown for the time being administering the
prescribed means prescribed by the Act in which the word is used or by a subordinate instrument made under or pursuant to that Act; S. 38 def. of public service inserted by No. 13/2006 s. 9. 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; S. 38 def. of sheriff inserted by No. 9/2009 s. 77. sheriff has 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; S. 38 def. of Standards Australia inserted by No. 60/2000 s. 9. Standards Australia means Standards Australia International Limited (ACN 087 326 690); S. 38 def. of Standards Council of New Zealand inserted by No. 13/2006 s. 9. Standards Council of New Zealand means the Standards Council continued in existence under section 3 of the Standards Act 1988 of ; State means the State of Victoria; S. 38 def. of State Coroner inserted by No. 77/2008 s. 129(Sch. 2 item 13). State Coroner means the State Coroner of the ;
S. 38 def. of statutory declaration and solemn declaration substituted by No. 57/1989 s. 3(Sch. item 104.1), amended by No. 69/2009 s. 54(Sch. Pt 2 item 29). statutory declaration and solemn declaration means a declaration under Division 4 of Part IV of the Evidence (Miscellaneous Provisions) Act 1958; s. 38 S. 38 def. of statutory rule inserted by No. 61/2004 s. 6(1). statutory rule has the same meaning as in the Subordinate Legislation Act 1994; S. 38 def. of subordinate instrument inserted by No. 61/2004 s. 6(1). 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, bylaws, proclamations, Orders in Council, orders or schemes; or (ii) is of a legislative character; Supreme Court means The Supreme Court of the State of ; S. 38 def. of Territory inserted by No. 60/2000 s. 9. 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;
S. 38AB def. of National Electricity (Victoria) Regulations amended by No. 8/2005 s. 16(b). National Electricity () Regulations means the provisions applying because of section 7 of the National Electricity () Act 2005. S. 38B inserted by No. 48/1992 s. 116(1). 38B References to Financial Institutions legislation In an Act or subordinate instrument— AFIC (Victoria) Code means the provision applying because of section 5 of the Financial Institutions () Act 1992; AFIC (Victoria) Regulations means the provisions applying by reason of section 6 of the Financial Institutions () Act 1992; Financial Institutions () Code means the provisions applying because of section 8 of the Financial Institutions () Act 1992; Financial Institutions () Regulations means the provisions applying because of section 9 of the Financial Institutions () Act 1992. S. 38BA inserted by No. 31/1998 s. 27, substituted by No. 30/2008 s. 42(2). 38BA References to National Gas Law s. 38BA In an Act or subordinate instrument— National Gas () Law means the provisions applying because of section 7 of the National Gas () Act 2008; National Gas () Regulations means the provision applying because of section 8 of the National Gas () Act 2008. S. 38C inserted by No. 41/1995 s. 61, repealed by No. 11/2010 s. 52. * * * * *
evidence thereof before all courts and persons acting judicially within Victoria. S. 54(2B) inserted by No. 100/1995 s. 28(1). (2B) A document made after the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1995 purporting to be a copy of a reprint of an Act or a statutory rule printed by the Government Printer for Victoria is on the mere production of that document admissible as evidence thereof before all courts and persons acting judicially within Victoria. S. 54(2C) inserted by No. 100/1995 s. 28(1). s. 54 (2C) A document, whether made before, on or after the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1995, purporting to be a copy of a reprint of an Act or a statutory rule printed by the Government Printer of any Australasian State (other than Victoria) is, if the law of that State includes a provision corresponding to subsection (2B) of this section, on the mere production of that document admissible as evidence thereof before all courts and persons acting judicially within Victoria. S. 54(3) amended by Nos 104/1994 s. 32(2), 100/1995 s. 28(2), 69/2009 s. 54(Sch. Pt 2 item 29). (3) In this section the expressions Act, and government printer have the same meanings as they have respectively in Divisions 4 and 6 of Part III of the Evidence (Miscellaneous Provisions) Act 1958. S. 54A inserted by No. 2/2007 s. 5. 54A Style changes s. 54A (1) Schedule 1 sets out style changes in Acts and statutory rules. (2) The Chief Parliamentary Counsel, in preparing an Act or statutory rule for reprinting or other
S. 61 inserted by No. 64/2010 s. 28. 61 Effect of Part s. 61 This Part is in addition to, and does not derogate from, section 54. S. 62 inserted by No. 64/2010 s. 28. 62 Authorisation 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 "Authorised 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. S. 63 inserted by No. 64/2010 s. 28. 63 Printed copy of authorised electronic version A printed copy of an authorised electronic version is an authorised version only if it is printed directly from the authorised electronic version. S. 64 inserted by No. 64/2010 s. 28. 64 Evidentiary provisions (1) An authorised version is on the mere production of that authorised version admissible as evidence thereof before all courts and persons acting judicially within Victoria.
Assent Date: 5.12.89 Commencement Date: 1.11.90: Government Gazette 15.8.90 p. 2473 : All of Act in operation Corporations (Victoria) Act 1990, No. 80/1990 Endnotes 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 : All of Act in operation Interpretation of Legislation (Amendment) Act 1991, No. 6/1991 Assent Date: 16.4.91 Commencement Date: 16.4.91 : 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 : All of Act in operation Financial Institutions () 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 : 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) : All of Act in operation Public Holidays Act 1993, No. 119/1993 Assent Date: 7.12.93 Commencement Date: 7.12.93 : 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) : All of Act in operation Subordinate Legislation Act 1994, No. 104/1994 Assent Date: 13.12.94 Commencement Date: 1.1.95: s. 2 : 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 : All of Act in operation Constitution (Court of Appeal) Act 1994, No. 109/1994 Endnotes 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 : All of Act in operation Consumer Credit () 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 : 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) : This information relates only to the provision/s amending the Interpretation of Legislation Act 1984 Friendly Societies () 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 : 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 : All of Act in operation National Electricity () 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 : 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