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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Interpretation of Legislation (Amendment) Act
2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. References to portions of Acts that have a staggered
commencement 2
4. Headings within court or tribunal rules 2
5. New section 36B inserted 3
36B. Location of penalties, examples and notes 3
6. Definitions 4
ENDNOTES 5
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PARLIAMENT OF VICTORIA
Initiated in Assembly 26 February 2003
Victorian Legislation Parliamentary Documents
A BILL
to amend the Interpretation of Legislation Act 1984.
Interpretation of Legislation
(Amendment) Act 2004
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) provide for the interpretation of references in
5
Acts to a portion of an Act where all of the
portion does not come into operation on the
one day;
(b) clarify the status of headings within court or
tribunal rules;
10
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Interpretation of Legislation (Amendment) Act 2004
s. 2
Act No.
(c) facilitate the use of examples and notes
within Acts and subordinate instruments;
(d) further shorten Acts and subordinate
instruments by expanding the range of
Victorian Legislation Parliamentary Documents
definitions of commonly-used terms.
5
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. References to portions of Acts that have a staggered
commencement
10
See: In section 11(4) of the Interpretation of
Act No.
Legislation Act 1984--
10096.
Reprint No. 7
(a) after "another Act" insert "or a portion
as at
19 June 2002
containing 2 or more provisions of that Act
and
or another Act";
15 amending
Act No.
(b) after "the Act" (where twice occurring)
30/2003.
LawToday:
insert "or portion".
www.dms.
dpc.vic.
gov.au
4. Headings within court or tribunal rules
After section 36(2A) of the Interpretation of
Legislation Act 1984 insert--
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"(2B) Headings to--
(a) Orders into which a subordinate
instrument containing rules or orders
regulating the practice and procedure of
a court or tribunal is divided; or
25
(b) Parts into which an Order referred to in
paragraph (a) is divided--
form part of the subordinate instrument if--
(c) the subordinate instrument is made on
or after 1 January 2001; or
30
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Interpretation of Legislation (Amendment) Act 2004
s. 5
Act No.
(d) the heading is inserted into a
subordinate instrument made before
1 January 2001 by a subordinate
instrument made on or after that date.".
Victorian Legislation Parliamentary Documents
5. New section 36B inserted
5
After section 36A of the Interpretation of
Legislation Act 1984 insert--
'36B. Location of penalties, examples and notes
(1) In this section "legislative item" means a
penalty, an example or a note.
10
(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
15
followed by another legislative item that
relates to that provision if it would be at the
foot of that provision if no other legislative
item were set out in relation to that
provision.
20
(3) This section applies in relation to a
legislative item even if--
(a) that item was inserted by an amending
Act or subordinate instrument that
provided for its insertion before or after
25
another specified legislative item and
did not expressly provide for its
insertion at the foot of the relevant
provision; or
(b) the amending Act or subordinate
30
instrument by which it was inserted
described another specified legislative
item as being at the foot of the relevant
provision.
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Interpretation of Legislation (Amendment) Act 2004
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Act No.
(4) Without limiting its application, this section
has effect for the purposes of section 111 of
the Sentencing Act 1991 and sections
36(3A) and 36A of this Act.'.
Victorian Legislation Parliamentary Documents
6. Definitions
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(1) In section 38 of the Interpretation of Legislation
Act 1984 insert the following definitions--
' "statutory rule" has the same meaning as in the
Subordinate Legislation Act 1994;
"subordinate instrument" means an instrument
10
made under an Act--
(a) that is a statutory rule; or
(b) that is not a statutory rule but--
(i) contains regulations, rules, by-
laws, proclamations, Orders in
15
Council, orders or schemes; or
(ii) is of a legislative character;
"VCAT" means the Victorian Civil and
Administrative Tribunal established by the
Victorian Civil and Administrative
20
Tribunal Act 1998;'.
(2) In section 3 of the Interpretation of Legislation
Act 1984, the definitions of "statutory rule" and
"subordinate instrument" are repealed.
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Interpretation of Legislation (Amendment) Act 2004
Endnotes
Act No.
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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