See www.legislation.vic.gov.au for Victorian Bills, Acts and current
Versions of legislation and up-to-date legislative information.
Minister's second reading
speech—
Legislative Assembly: 13 November 1997
Legislative Council: 4 December 1997
The long title for the Bill for this Act was "A Bill to provide for the
forfeiture of the proceeds of crime and other property in certain circumstances,
to amend the Sentencing Act 1991, to repeal the Crimes (Confiscation
of Profits) Act 1986 and for other purposes."
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is 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. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
[1] Pt 4 (Headings and ss
36H−40B) (as inserted by No. 68/2010 (as amended by No. 73/2011 ss
21−23)):
S. 36Q (repealed prior to commencement): Section 49 of the
Confiscation Amendment Act 2010, No. 68/2010 (repealed)
initially included section 36Q in the proposed new Part 4 of the Confiscation
Act 1997. However, section 21(1) of the Sex Work and Other Acts
Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of
the Confiscation Amendment Act 2010 , No. 68/2010 (repealed)
by repealing section 36Q.
S. 36R(2) (repealed prior to commencement): Section 49 of the
Confiscation Amendment Act 2010, No. 68/2010 (repealed)
initially included section 36R(2) in the proposed new Part 4 of the
Confiscation Act 1997. However, section 21(2)(b) of the Sex Work and
Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section
49 of the Confiscation Amendment Act 2010, No. 68/2010
(repealed)by repealing section 36R(2).
S. 36V(3) (repealed prior to commencement): Section 49 of the
Confiscation Amendment Act 2010, No. 68/2010 (repealed)
initially included section 36V(3) in the proposed new Part 4 of the
Confiscation Act 1997. However, section 22(b) of the Sex Work and
Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended
section 49 of the Confiscation Amendment Act 2010, No. 68/2010(repealed) by repealing section 36V(3).
S. 40B(3) (repealed prior to commencement): Section 49 of the
Confiscation Amendment Act 2010, No. 68/2010 (repealed)
initially included section 40B(3) in the proposed new Part 4 of the
Confiscation Act 1997. However, section 23(b) of the Sex Work and
Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended
section 49 of the Confiscation Amendment Act 2010, No. 68/2010(repealed) by repealing section 40B(3).