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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Interpretation of Legislation (Further Amendment)
Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Numbering of Acts 2
4. Commencement of Acts 3
5. New section 13 substituted 4
13. Exercise of powers between passing and
commencement of Act 4
6. Provision as to effect of repeal etc. of Acts or subordinate
instruments 6
7. Construction of references in Acts or subordinate instruments
to renumbered or relocated provisions 7
8. New section 26 substituted 8
26. Exercise of powers between making and
commencement of subordinate instruments 8
9. Definitions 10
10. New section 38AAA inserted 11
38AAA. References to Departments 11
11. Reference to Australian/New Zealand Standards 12
12. New section 46A inserted 12
46A. Construction of provisions relating to entities
representing, or not representing, the Crown 12
13. New section 59 inserted 13
59. Transitional provision--Interpretation of Legislation
(Further Amendment) Act 2006 13
ENDNOTES 14
i
551458B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
PARLIAMENT OF VICTORIA
A BILL
to make miscellaneous amendments to the Interpretation of
Legislation Act 1984 and for other purposes.
Interpretation of Legislation (Further
Amendment) Act 2006
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) clarify the effect of a failure to comply with
5
section 9(1) of that Act (numbering of Acts);
(b) provide for Acts to commence by default on
proclamation or on the first anniversary of
their passing, whichever is the earlier;
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551458B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
Interpretation of Legislation (Further Amendment) Act 2006
s. 2
Act No.
(c) make further provision with respect to the
exercise of powers between the passing of an
Act or the making of a subordinate
instrument and its commencement;
(d) ensure that the repeal of a savings,
5
transitional or validating provision or of a
provision construing references does not
affect its operation;
(e) construe references to renumbered or
relocated provisions;
10
(f) insert definitions of certain commonly-used
terms;
(g) provide for the construction of provisions
relating to entities representing, or not
representing, the Crown.
15
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Numbering of Acts
See: After section 9(2) of the Interpretation of
20 Act No.
Legislation Act 1984 insert--
10096.
Reprint No. 7
"(3) A failure to comply with sub-section (1) in a
as at
19 June 2002
calendar year (whether the calendar year
and
2006 or any earlier or later calendar year)
amending
Act Nos
does not affect the validity, operation or
25 30/2003,
effect of an Act passed in that year.".
61/2004 and
8/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
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s. 4
Act No.
4. Commencement of Acts
(1) After section 10A(2) of the Interpretation of
Legislation Act 1984 insert--
"(3) If an Act makes no provision for the
commencement of a particular provision of
5
the Act, the Act must be taken to provide for
the provision to come into operation on a day
to be proclaimed or on the first anniversary
of the passing of the Act, whichever is the
earlier.
10
(4) If an Act makes no provision for the
commencement of the Act or of more than
one provision of the Act, the Act must be
taken to provide for the Act or those
provisions to come into operation on a day or
15
days to be proclaimed or on the first
anniversary of the passing of the Act,
whichever is the earlier.".
(2) For section 11(1) and (2) of the Interpretation of
Legislation Act 1984 substitute--
20
"(1) Subject to sub-section (2) and to section 71
of the Constitution Act 1975, if a particular
day is fixed (whether in the Act or in a
proclamation made under the Act) for an Act
or a provision of an Act to come into
25
operation, the Act or provision comes into
operation at the beginning of that day.
(2) If an Act confers power on the Governor in
Council to fix by proclamation published in
the Government Gazette a day for the Act or
30
a provision or provisions of the Act to come
into operation, the publication of the
proclamation in the Government Gazette is a
condition precedent to the coming into
operation of the Act or provision or
35
provisions in question.
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Act No.
(2A) If a proclamation fixing a day for the coming
into operation of an Act or a provision or
provisions of an Act is made on or before the
fixed day but is not published in the
Government Gazette until after that day, the
5
proclamation does not wholly fail but the Act
or provision comes, or the provisions come,
into operation at the beginning of the day on
which the proclamation is so published.".
5. New section 13 substituted
10
For section 13 of the Interpretation of
Legislation Act 1984 substitute--
"13. Exercise of powers between passing and
commencement of Act
(1) This section applies where an Act or a
15
provision of an Act which does not come
into operation immediately on the passing of
the Act will, on its coming into operation,
confer power or amend another Act so as to
confer power under the other Act as so
20
amended to--
(a) make subordinate instruments or any
other instruments of a legislative or
administrative character; or
(b) give notices; or
25
(c) make appointments; or
(d) establish a body; or
(e) prescribe forms; or
(f) do any other thing--
for the purposes of that Act or provision or
30
that other Act.
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s. 5
Act No.
(2) Unless the contrary intention appears, the
power may be exercised at any time after the
passing of the Act but its exercise does not
confer a right or impose an obligation on a
person before the coming into operation of
5
the Act or provision except insofar as is
necessary or expedient for the purpose of--
(a) bringing the Act or provision into
operation; or
(b) making the Act or provision or the
10
other Act as amended fully effective at
or after that coming into operation.
(3) Without limiting sub-section (2), an
appointee may exercise a power, and a body
may meet and exercise a power, under that
15
sub-section before the coming into operation
of the Act or provision in the same manner
and subject to the same conditions or
limitations (if any) and with an entitlement to
payment of the same remuneration or
20
allowances (if any) as if the Act or provision
were in operation.
(4) For the purposes of any provision as to the
duration of the term of office of an appointee
(including a member of a body), that term
25
does not begin until the coming into
operation of the Act or provision despite the
exercise of any power under this section
before that coming into operation.".
5
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s. 6
Act No.
6. Provision as to effect of repeal etc. of Acts or
subordinate instruments
(1) After section 14(2) of the Interpretation of
Legislation Act 1984 insert--
"(2A) Without limiting sub-section (2), if a
5
provision of an Act that is of a savings or
transitional nature (whether or not the Act
describes it as such) or that validates
anything that is or may otherwise be invalid
or that requires a reference in an Act or
10
subordinate instrument or other instrument or
document to, or that relates to, an entity or a
class of entity to be construed as a reference
to another entity or class of entity--
(a) is repealed; or
15
(b) expires, lapses or otherwise ceases to
have effect--
the repeal, expiry, lapsing or ceasing to have
effect of that provision does not, unless the
contrary intention expressly appears, affect
20
the operation of the savings or transitional
provision or end the validating effect of the
provision or affect the construction of that
reference, as the case requires.".
(2) In section 14(3) of the Interpretation of
25
Legislation Act 1984, for "and (2)" substitute
", (2) and (2A)".
(3) After section 28(2) of the Interpretation of
Legislation Act 1984 insert--
"(2A) Without limiting sub-section (2), if a
30
provision of a subordinate instrument that is
of a savings or transitional nature (whether
or not the subordinate instrument describes it
as such) or that validates anything that is or
may otherwise be invalid or that requires a
35
reference in a subordinate instrument or Act
6
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s. 7
Act No.
or other instrument or document to, or that
relates to, an entity or a class of entity to be
construed as a reference to another entity or
class of entity--
(a) is repealed; or
5
(b) expires, lapses or otherwise ceases to
have effect--
the repeal, expiry, lapsing or ceasing to have
effect of that provision does not, unless the
contrary intention expressly appears, affect
10
the operation of the savings or transitional
provision or end the validating effect of the
provision or affect the construction of that
reference, as the case requires.".
(4) In section 28(3) of the Interpretation of
15
Legislation Act 1984, for "and (2)" substitute
", (2) and (2A)".
7. Construction of references in Acts or subordinate
instruments to renumbered or relocated provisions
(1) After section 17(1) of the Interpretation of
20
Legislation Act 1984 insert--
"(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
25
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.".
7
551458B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
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s. 8
Act No.
(2) After section 31(1) of the Interpretation of
Legislation Act 1984 insert--
"(1A) A reference in a subordinate instrument to
any provision of that or any other
subordinate instrument or to any provision of
5
an Act 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.".
10
8. New section 26 substituted
For section 26 of the Interpretation of
Legislation Act 1984 substitute--
"26. Exercise of powers between making and
commencement of subordinate
15
instruments
(1) This section applies where a subordinate
instrument or a provision of a subordinate
instrument which does not come into
operation immediately on the making of the
20
subordinate instrument will, on its coming
into operation, confer power or amend
another subordinate instrument so as to
confer power under the other subordinate
instrument as so amended to--
25
(a) make other subordinate instruments or
any other instruments of a legislative or
administrative character; or
(b) give notices; or
(c) make appointments; or
30
(d) establish a body; or
8
551458B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
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s. 8
Act No.
(e) prescribe forms; or
(f) do any other thing--
for the purposes of that subordinate
instrument or provision or that other
subordinate instrument.
5
(2) Unless the contrary intention appears, the
power may be exercised at any time after the
making of the subordinate instrument but its
exercise does not confer a right or impose an
obligation on a person before the coming
10
into operation of the subordinate instrument
or provision except insofar as is necessary or
expedient for the purpose of--
(a) bringing the subordinate instrument or
provision into operation; or
15
(b) making the subordinate instrument or
provision or the other subordinate
instrument as amended fully effective
at or after that coming into operation.
(3) Without limiting sub-section (2), an
20
appointee may exercise a power, and a body
may meet and exercise a power, under that
sub-section before the coming into operation
of the subordinate instrument or provision in
the same manner and subject to the same
25
conditions or limitations (if any) and with an
entitlement to payment of the same
remuneration or allowances (if any) as if the
subordinate instrument or provision were in
operation.
30
9
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Act No.
(4) For the purposes of any provision as to the
duration of the term of office of an appointee
(including a member of a body), that term
does not begin until the coming into
operation of the subordinate instrument or
5
provision despite the exercise of any power
under this section before that coming into
operation.".
9. Definitions
Insert the following definitions in section 38 of
10
the Interpretation of Legislation Act 1984--
' "ADI" means authorised deposit-taking
institution within the meaning of the
Banking Act 1959 of the Commonwealth;
"Attorney-General" means Attorney-General of
15
Victoria;
"Chief Judge" means Chief Judge of the County
Court;
"Chief Justice" means Chief Justice of the
Supreme Court;
20
"Chief Magistrate" means Chief Magistrate of
the Magistrates' Court;
"Criminal Code of the Commonwealth" means
the Schedule to the Criminal Code Act 1995
of the Commonwealth;
25
"electronic communication" has the same
meaning as in the Electronic Transactions
(Victoria) Act 2000;
"enactment" means an Act or subordinate
instrument or a provision of an Act or
30
subordinate instrument;
10
551458B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
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s. 10
Act No.
"entity" includes a person and an unincorporated
body;
"Family Court" means Family Court of
Australia;
"Federal Court" means Federal Court of
5
Australia;
"fee unit" has the meaning given by section 4 of
the Monetary Units Act 2004;
"Government Printer" means Government
Printer for Victoria;
10
Note: See Constitution Act 1975 section 72.
"High Court" means High Court of Australia;
"individual" means a natural person;
"insolvent under administration" has the same
meaning as in the Corporations Act;
15
"Premier" means Premier of Victoria;
"public service" has the same meaning as in the
Public Administration Act 2004;
"Standards Council of New Zealand" means
the Standards Council continued in existence
20
under section 3 of the Standards Act 1988 of
New Zealand;'.
10. New section 38AAA inserted
After section 38 of the Interpretation of
Legislation Act 1984 insert--
25
"38AAA. References to Departments
If--
(a) reference is made in an Act or
subordinate instrument to a particular
Department; and
30
11
551458B.I1-7/2/2006 BILL LA INTRODUCTION 7/2/2006
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s. 11
Act No.
(b) under the Public Administration Act
2004 the name of the Department is
changed--
the reference is, from the date when the
name is changed and so far as it relates to
5
any period on or after that date, to be taken
to be a reference to the Department by its
new name.".
11. Reference to Australian/New Zealand Standards
After section 38AA(1) of the Interpretation of
10
Legislation Act 1984 insert--
'(1A) In an Act or subordinate instrument, a
reference consisting of the expression
"Australian/New Zealand Standard" or
"AS/NZS" followed in either case by a
15
number or a number accompanied by a
reference to a calendar year is a reference to
the standard so numbered published jointly
by or on behalf of Standards Australia and
the Standards Council of New Zealand.'.
20
12. New section 46A inserted
After section 46 of the Interpretation of
Legislation Act 1984 insert--
'46A. Construction of provisions relating to
entities representing, or not representing,
25
the Crown
(1) If, in an Act or subordinate instrument, it is
provided that an entity represents the Crown,
that entity has, for all purposes, the status,
privileges and immunities of the Crown,
30
unless the contrary intention appears.
12
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Act No.
(2) If, in an Act or subordinate instrument, it is
provided that an entity does not represent the
Crown, that entity does not have, for any
purpose, the status, privileges and
immunities of the Crown, unless the contrary
5
intention appears.
(3) The fact that no provision of a kind referred
to in sub-section (1) or (2) is made by any
Act or subordinate instrument with respect to
a particular entity does not of itself give rise
10
to any implication as to whether or not the
entity has, or does not have, the status,
privileges and immunities of the Crown for
any purpose.
(4) In this section "Crown" includes the State.'.
15
13. New section 59 inserted
After section 58 of the Interpretation of
Legislation Act 1984 insert--
"59. Transitional provision--Interpretation of
Legislation (Further Amendment) Act
20
2006
The amendment of this Act made by
section 12 of the Interpretation of
Legislation (Further Amendment) Act
2006 does not affect the rights of the parties
25
in any proceeding commenced before the
commencement of that Act.".
13
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Interpretation of Legislation (Further Amendment) Act 2006
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
14
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