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ELECTORAL BOUNDARIES COMMISSION ACT 1982 - NOTES

ELECTORAL BOUNDARIES COMMISSION ACT 1982 - NOTES

Version No. 043

No. 9801 of 1982

Version incorporating amendments as at

30 March 2022

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Version No. 043

Electoral Boundaries Commission Act 1982

No. 9801 of 1982

Version incorporating amendments as at

30 March 2022

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Electoral Boundaries Commission Act 1982 was assented to on 23 November 1982 and came into operation on 23 November 1982.

The name of this Act was changed from the Electoral Commission Act 1982 to the Electoral Boundaries Commission Act 1982 by section 7(1) of The Constitution Act Amendment (Electoral Reform) Act 1988, No. 75/1988.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

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.

See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Electoral Boundaries Commission Act 1982 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Electoral Commission (Amendment) Act 1983, No. 9894/1983

Assent Date:

31.5.83

Commencement Date:

31.5.83: s. 1(3)

Current State:

All of Act in operation

Conservation, Forests and Lands Act 1987, No. 41/1987

Assent Date:

19.5.87

Commencement Date:

S. 103(Sch. 4 item 15.1) on 1.7.87: Government Gazette 24.6.87 p. 1694

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

The Constitution Act Amendment (Electoral Reform) Act 1988, No. 75/1988

Assent Date:

15.12.88

Commencement Date:

1.1.89: s. 2

Current State:

All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:

9.5.89

Commencement Date:

S. 4(1)(Sch. 2 items 32.1, 32.2) on 1.11.89: Government Gazette 1.11.89 p. 2798

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

Equal Opportunity Act 1995, No. 42/1995

Assent Date:

14.6.95

Commencement Date:

S. 224(Sch. 2 item 12) on 1.1.96: Government Gazette 21.12.95 p. 3571

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:

26.5.98

Commencement Date:

S. 7(Sch. 1) on 1.7.98: s. 2(2)

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Assent Date:

10.11.98

Commencement Date:

S. 20 on 15.12.98: s. 2(5)

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

The Constitution Act Amendment (Amendment) Act 1999, No. 24/1999

Assent Date:

25.5.99

Commencement Date:

8.6.99: s. 2

Current State:

All of Act in operation

Electoral Act 2002, No. 23/2002

Assent Date:

12.6.02

Commencement Date:

S. 190 on 1.9.02: Government Gazette 29.8.02 p. 2333

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

Constitution (Parliamentary Reform) Act 2003, No. 2/2003 (as amended by No. 85/2004)

Assent Date:

8.4.03

Commencement Date:

S. 44 on 8.4.03: Special Gazette (No. 57) 8.4.03 p. 1; ss 45–48 on 31.10.06: s. 2(3)

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

Monetary Units Act 2004, No. 10/2004

Assent Date:

11.5.04

Commencement Date:

S. 15(Sch. 1 item 7) on 1.7.04: s. 2(2)

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

Surveying Act 2004, No. 47/2004

Assent Date:

16.6.04

Commencement Date:

S. 71(Sch. item 1) on 1.1.05: s. 2(2)

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

Electoral Legislation (Amendment) Act 2004, No. 85/2004

Assent Date:

23.11.04

Commencement Date:

Ss 4–8 on 24.11.04: s. 2

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:

24.10.17

Commencement Date:

S. 75 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

Local Government Act 2020, No. 9/2020

Assent Date:

24.3.20

Commencement Date:

S. 390(Sch. 1 item 31) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:

29.3.22

Commencement Date:

Ss 28–30 on 30.3.22: s. 2(3)

Current State:

This information relates only to the provision/s amending the Electoral Boundaries Commission Act 1982

–––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Explanatory details


[1] S. 1: Section 7(2)(3) of The Constitution Act Amendment (Electoral Reform) Act 1988, No. 75/1988 (repealed) read as follows:

        7     Change of name of Electoral Commission

    (2)     Any reference in any Act or subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to—

        (a)     the Electoral Commission Act 1982 is to be construed as a reference to the Electoral Boundaries Commission Act 1982; and

        (b)     the Electoral Commission is to be construed as a reference to the Electoral Boundaries Commission.

    (3)     The Electoral Boundaries Commission is the same body as the Electoral Commission and no act, matter or thing is in any way abated or affected by reason of the change of name.

[2] S. 2: See note 1.

[3] S. 3: See note 1.

[4] S. 5(2): Section 2(2) of the Electoral Commission (Amendment) Act 1983, No. 9894 (repealed) read as follows:

        2     Amendment of No. 9801 s. 5(2)

    (2)     For the first division made under the Electoral Commission Act 1982 each of the 22 provinces shall consist of four complete and contiguous districts and the Legislative Assembly shall consist of 88 districts.



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