Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Interpretation of Legislation (Amendment) Act
2000
Act No.
TABLE OF PROVISIONS
Clause 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
ENDNOTES 10
i
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
PARLIAMENT OF VICTORIA
Initiated in Assembly 17 August 2000
A BILL
to amend the Interpretation of Legislation Act 1984 and for other
purposes.
Interpretation of Legislation
(Amendment) Act 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
5 to be divided into Chapters;
1
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
Interpretation of Legislation (Amendment) Act 2000
s. 2
Act No.
(b) to enable subordinate instruments to
incorporate by reference provisions of
Commonwealth Acts or Commonwealth
statutory rules;
5 (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;
10 (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
15 instruments;
(f) to facilitate references to Australian
Standards in Acts and subordinate
instruments.
2. Commencement
20 This Act comes into operation on 1 January 2001.
3. Principal Act
See:
In this Act, the Interpretation of Legislation Act Act No. 10096
1984 is called the Principal Act. Reprint No. 5
as at
5 June 1997
and
amending
Acts Nos
83/1996,
29/1997,
84/1997 and
31/1998.
Law Today:
www.dms.
dpc.vic.
gov.au
2
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
Interpretation of Legislation (Amendment) Act 2000
s. 4
Act No.
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
5 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,
10 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
15 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;".
20 (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
25 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--
30 "(ia) a Commonwealth Act; or";
3
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
Interpretation of Legislation (Amendment) Act 2000
s. 6
Act No.
(b) at the end of sub-paragraph (iii) insert--
"; or
(iv) a statutory rule (within the meaning of
the Statutory Rules Publication Act
5 1903 of the Commonwealth) made
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
10 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--
15 "(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
20 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
25 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
30 contain Chapters, as a reference to the
Part, designated by that number, of the
subordinate instrument in which the
reference occurs;".
4
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
Interpretation of Legislation (Amendment) Act 2000
s. 7
Act No.
(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,".
5 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-
10 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--
15 (a) the Act is passed, or the subordinate
instrument is made, on or after
1 January 2001; or
(b) the heading is inserted into an Act
passed, or subordinate instrument
20 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--
25 "(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
30 (b) tables, columns, examples, diagrams,
notes (being notes at the foot of
provisions and not marginal notes,
footnotes or endnotes) or forms in an
Act or subordinate instrument--
5
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
Interpretation of Legislation (Amendment) Act 2000
s. 7
Act No.
form part of the Act or subordinate
instrument if--
(c) the Act is passed, or the subordinate
instrument is made, on or after
5 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
10 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)"
15 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--
20 '(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
25 subordinate instrument forms part of the Act
or subordinate instrument if--
(a) the Act is passed, or the subordinate
instrument is made, on or after
1 January 2001; or
30 (b) the example, diagram or note 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.
6
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
Interpretation of Legislation (Amendment) Act 2000
s. 8
Act No.
(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
5 instrument is made, on or after
1 January 2001; or
(b) the punctuation is inserted into an Act
passed, or subordinate instrument
made, before 1 January 2001 by an Act
10 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
15 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
20 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
25 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--
30 '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
7
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
Interpretation of Legislation (Amendment) Act 2000
s. 9
Act No.
the operation of the provision, the
example--
(a) is not exhaustive; and
(b) may extend, but does not limit, the
5 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
10 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
15 passed, or subordinate instrument
made, on or after that date.'.
9. Definitions
In section 38 of the Principal Act insert the
following definitions--
20 ' "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;
25 "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;
30 "internal Territory" means the Australian
Capital Territory, the Jervis Bay Territory or
the Northern Territory;
8
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
Interpretation of Legislation (Amendment) Act 2000
s. 10
Act No.
"Jervis Bay Territory" means the Territory
referred to in the Jervis Bay Territory
Acceptance Act 1915 of the Commonwealth;
"Standards Australia" means Standards
5 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
10 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
15 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--
20 '38AA. References to Australian Standards, etc.
(1) In an Act or subordinate instrument, a
reference consisting of the words "Australian
Standard" or the letters "AS" followed in
either case by a number or a number
25 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
30 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
35 Australia, so far as it relates to any period on
9
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
Interpretation of Legislation (Amendment) Act 2000
Endnotes
Act No.
or after 1 July 1999, is a reference to
Standards Australia.'.
ENDNOTES
10
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
Interpretation of Legislation (Amendment) Act 2000
Act No.
By Authority. Government Printer for the State of Victoria.
11
541104B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00
[Index] [Search] [Download] [Related Items] [Help]