(3) Unless the contrary intention appears, a reference in any Act to Her Majesty's navy or army or to Her 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 Her Majesty's air forces or the air forces of the Commonwealth or to service therewith, as the case requires. S. 21A inserted by No. 104/1994 s. 29. 21A Incorporation 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 s. 21A (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. S. 21A(3) inserted by No. 2/2007 s. 4. (3) In reprinting an Act the Government Printer may omit the indorsement on the Act of the date of its passing. S. 21A(4) inserted by No. 2/2007 s. 4. (4) Nothing in subsection (3) affects the status of the indorsement as part of the Act. Note See Constitution Act 1975, section 69. _______________
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 of Children's Court inserted by No. 56/1989 s. 286(Sch. 2 item 10), repealed by 29/2006 s. 3(Sch. 1 item 15.1).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. bail justice means— (a) bail justice appointed under section 120A or 120C of the Magistrates' Court Act 1989; or (ab) acting bail justice appointed under section 120E of the Magistrates' Court Act 1989; or
(b) bail justice by virtue of holding a prescribed office under section 121 of the Magistrates' Court Act 1989; S. 38 def. of Chief Judge inserted by No. 13/2006 s. 9. Chief Judge means Chief Judge of the County Court; S. 38 def. of Chief Justice inserted by No. 13/2006 s. 9. Chief Justice means Chief Justice of the Supreme Court; S. 38 def. of Chief Magistrate inserted by No. 13/2006 s. 9. Chief Magistrate means Chief Magistrate of the Magistrates' Court; s. 38 S. 38 new def. of Children's Court inserted by No. 29/2006 s. 3(Sch. 1 item 15.2). 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; S. 38 def. of Consolidated Fund amended by No. 18/1994 s. 66(Sch. 2 item 9). 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; s. 38 S. 38 def. of coroner inserted by No. 77/2008 s. 129(Sch. 2 item 13). coroner has the same meaning as in section 3(1) of the Coroners Act 2008; S. 38 def. of inserted by No. 77/2008 s. 129(Sch. 2 item 13). Coroners Court means the Coroners Court of Victoria; S. 38 def. of inserted by No. 78/2008 s. 24. Costs Court has the same meaning as it has in the Supreme Court Act 1986; S. 38 def. of Costs Judge inserted by No. 78/2008 s. 24. Costs Judge has the same meaning as it has in the Supreme Court Act 1986;
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; S. 38 def. of electronic inserted by No. 13/2006 s. 9. electronic communication has the same meaning as in the Electronic Transactions () Act 2000; S. 38 def. of enactment inserted by No. 13/2006 s. 9. enactment means an Act or subordinate instrument or a provision of an Act or subordinate instrument; S. 38 def. of entity inserted by No. 13/2006 s. 9. entity includes a person and an unincorporated body; s. 38 S. 38 def. of external Territory inserted by No. 60/2000 s. 9. 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; S. 38 def. of Family Court inserted by No. 13/2006 s. 9. Family Court means Family Court of Australia;
S. 38 def. of Federal Court inserted by No. 13/2006 s. 9. Federal Court means Federal Court of Australia; S. 38 def. of fee unit inserted by No. 13/2006 s. 9. fee unit has the meaning given by section 4 of the Monetary Units Act 2004; full name and 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; s. 38 Government Gazette means the Victoria Government Gazette published by authority; S. 38 def. of Government Printer inserted by No. 13/2006 s. 9. Government Printer means Government Printer for ; 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; S. 38 def. of High Court inserted by No. 13/2006 s. 9. High Court means High Court of Australia; Imperial Act means an Act passed by— (a) the Parliament of ; (b) the Parliament of ; (c) the Parliament of the of and ; or (d) the Parliament of the United Kingdom of Great Britain and Northern Ireland;
S. 38 def. of penalty unit amended by Nos 10260 s. 114(Sch. 4 item 8), 49/1991 s. 119(7)(Sch. 4 item 10.1). 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; S. 38 def. of Premier inserted by No. 13/2006 s. 9. Premier means Premier of Victoria; s. 38 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. 38AB inserted by No. 29/1997 s. 10. 38AB References to National Electricity Law s. 38AB In an Act or subordinate instrument— S. 38AB def. of National Electricity (Victoria) Law amended by No. 8/2005 s. 16(a). National Electricity (Victoria) Law means the provisions applying because of section 6 of the National Electricity (Victoria) Act 2005; 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 s. 38B 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 In an Act or subordinate instrument— National Gas () Law means the provisions applying because of section 7 of the National Gas () Act 2008;
S. 57(3)(b) substituted by No. 56/1999 s. 10(1), amended by No. 10/2010 s. 800(Sch. 6 item 7.2). (b) to apply the provisions of the criminal laws of the State to or in relation to the offshore area or the sea-bed or subsoil beneath or the airspace above that offshore area; or s. 57 S. 57(3)(c) inserted by No. 56/1999 s. 10(1). (c) to apply the provisions of the criminal laws of the State to or in relation to the coastal waters of Victoria or the sea-bed or subsoil beneath or the airspace above those waters. (4) Subject to this section, the several courts of Victoria are invested with jurisdiction in all matters arising under the provisions of the laws applied by this section. S. 57(5) amended by Nos 57/1989 s. 3(Sch. item 104.3), 68/2009 s. 97(Sch. item 71). (5) For the purposes of proceedings for an offence against the law of an averment in an indictment, charge-sheet or complaint that— (a) a person was at a specified time or in respect of a specified period a person connected with — S. 57(5)(b)(c) repealed by No. 56/1999 s. 10(2). * * * * * shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the fact averred. (6) In this section— S. 57(6)(a) substituted by No. 56/1999 s. 10(3)(a), amended by No. 10/2010 s. 800(Sch. 6 item 7.3). (a) offshore area means so much of the area described in item 2 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth in relation to Victoria as is within the outer