INTERPRETATION OF LEGISLATION ACT 1984

Victorian Consolidated Legislation

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INTERPRETATION OF LEGISLATION ACT 1984 - NOTES

No. 10096 of 1984
Version incorporating amendments as at 1 October 2009

ENDNOTES

1. General Information
The Interpretation of Legislation Act 1984 was assented to on 22 May 1984 and came into operation on 1 July 1984: section 2.
2. Table of Amendments
This Version incorporates amendments made to the Interpretation of Legislation Act 1984 by Acts and subordinate instruments.
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Interpretation of Legislation (Further Amendment) Act 1985, No. 10214/1985
Assent Date:
3.12.85
Commencement Date:
S. 4 on 1.1.86: s. 2(2); rest of Act on 1.9.85: s. 2(1).
Current State:
All in Act of operation
Penalties and Sentences Act 1985, No. 10260/1985
Assent Date:
10.12.85
Commencement Date:
S. 114(Sch. 4 item 8) on 1.6.86: Government Gazette 30.4.86 p. 1116
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Interpretation of Legislation (Amendment) Act 1986, No. 4/1986
Assent Date:
25.3.86
Commencement Date:
25.3.86
Current State:
All of Act in operation
Constitution (British Subjects) Act 1986, No. 61/1986
Assent Date:
16.9.86
Commencement Date:
27.5.87: Government Gazette 27.5.87 p. 1235
Current State:
All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989 (as amended by No. 13/1990)
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 items 63.1-63.6) on 1.11.89: Government Gazette 1.11.89 p. 2798
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Magistrates' Court Act 1989, No. 51/1989
Assent Date:
14.6.89
Commencement Date:
S. 146 on 1.9.90: Government Gazette 25.7.90 p. 2216
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Children and Young Persons Act 1989, No. 56/1989
Assent Date:
14.6.89
Commencement Date:
S. 286(Sch. 2 item 10) on 31.1.91: Special Gazette (No. 9) 31.1.91 p. 2
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984


Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Water (Consequential Amendments) Act 1989, No. 81/1989
Assent Date:
5.12.89
Commencement Date:
1.11.90: Government Gazette 15.8.90 p. 2473
Current State:
All of Act in operation
Corporations (Victoria) Act 1990, No. 80/1990
Endnotes
Assent Date:
11.12.90
Commencement Date:
All of Act (except s. 98(2)) on 1.1.91: Special Gazette (No. 69) 21.12.90 p. 1; s. 98(2) on 22.5.91: Government Gazette 22.5.91 p. 1338
Current State:
All of Act in operation
Interpretation of Legislation (Amendment) Act 1991, No. 6/1991
Assent Date:
16.4.91
Commencement Date:
16.4.91
Current State:
All of Act in operation
Sentencing Act 1991, No. 49/1991
Assent Date:
25.6.91
Commencement Date:
22.4.92: Government Gazette 15.4.92 p. 898
Current State:
All of Act in operation
Financial Institutions (Victoria) Act 1992, No. 48/1992
Assent Date:
30.6.92
Commencement Date:
S. 116 on 22.7.92: Government Gazette 22.7.92 p. 1874
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Interpretation of Legislation (Amendment) Act 1993, No. 95/1993
Assent Date:
16.11.93
Commencement Date:
All of Act (except s. 4(1)(3)) on 16.11.93: s. 2(1); s. 4(1)(3) on 1.9.85: s. 2(2)
Current State:
All of Act in operation
Public Holidays Act 1993, No. 119/1993
Assent Date:
7.12.93
Commencement Date:
7.12.93
Current State:
All of Act in operation
Financial Management Act 1994, No. 18/1994
Assent Date:
10.5.94
Commencement Date:
Pt 1 (ss 1-8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2)
Current State:
All of Act in operation

Subordinate Legislation Act 1994, No. 104/1994
Assent Date:
13.12.94
Commencement Date:
1.1.95: s. 2
Current State:
All of Act in operation
Constitution (Amendment) Act 1994, No. 108/1994
Assent Date:
20.12.94
Commencement Date:
All of Act (except s. 11) on 20.12.94: s. 2(1); s. 11 immediately after the commencement of the Australia Act 1986 of the Commonwealth-0500 Greenwich Mean Time on 3.3.86
Current State:
All of Act in operation
Constitution (Court of Appeal) Act 1994, No. 109/1994
Endnotes
Assent Date:
20.12.94
Commencement Date:
Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
Current State:
All of Act in operation
Consumer Credit (Victoria) Act 1995, No. 41/1995
Assent Date:
14.6.95
Commencement Date:
Ss 60, 61 on 1.11.96: Government Gazette 29.8.96 p. 2274
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995
Assent Date:
5.12.95
Commencement Date:
S. 28 on 5.6.96: s. 2(6)
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Friendly Societies (Victoria) Act 1996, No. 83/1996
Assent Date:
23.12.96
Commencement Date:
Ss 38, 39 on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Interpretation of Legislation (Amendment) Act 1997, No. 6/1997
Assent Date:
22.4.97
Commencement Date:
22.4.97: s. 2
Current State:
All of Act in operation
National Electricity (Victoria) Act 1997, No. 29/1997
Assent Date:
27.5.97
Commencement Date:
Ss 9, 10 on 13.12.98: Special Gazette (No. 148) 11.12.98 p. 1
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984


Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997
Assent Date:
2.12.97
Commencement Date:
S. 51 on 2.12.97: s. 2(1)
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Gas Pipelines Access (Victoria) Act 1998, No. 31/1998
Assent Date:
19.5.98
Commencement Date:
Ss 26, 27 on 1.7.99: Government Gazette 1.7.99 p. 1521
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Financial Sector Reform (Victoria) Act 1999, No. 37/1999
Assent Date:
8.6.99
Commencement Date:
S. 58(Sch. 1 item 2) on 15.6.01: Government Gazette 14.6.01 p. 1273
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Crimes at Sea Act 1999, No. 56/1999
Endnotes
Assent Date:
21.12.99
Commencement Date:
S. 10 on 31.3.01: Government Gazette 29.3.01 p. 523
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Interpretation of Legislation (Amendment) Act 2000, No. 60/2000
Assent Date:
8.11.00
Commencement Date:
1.1.01: s. 2
Current State:
All of Act in operation
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. item 67) on 15.7.01: s. 2
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. 1 item 38) on 24.4.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002
Assent Date:
18.6.02
Commencement Date:
S. 25(3) on 19.6.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Fair Trading (Amendment) Act 2003, No. 30/2003 (as amended by No. 106/2003)
Assent Date:
27.5.03
Commencement Date:
S. 78 on 28.5.03: s. 2(1)
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984

Interpretation of Legislation (Amendment) Act 2004, No. 61/2004
Assent Date:
12.10.04
Commencement Date:
13.10.04: s. 2
Current State:
All of Act in operation
National Electricity (Victoria) Act 2005, No. 8/2005
Assent Date:
27.4.05
Commencement Date:
S. 16 on 1.7.05: Special Gazette (No. 120) 28.6.05 p. 2
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Interpretation of Legislation (Further Amendment) Act 2006, No. 13/2006
Assent Date:
11.4.06
Commencement Date:
12.4.06: s. 2
Current State:
All of Act in operation
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date:
6.6.06
Commencement Date:
S. 3(Sch. 1 item 15) on 7.6.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Interpretation of Legislation Amendment Act 2007, No. 2/2007
Assent Date:
6.3.07
Commencement Date:
6.3.07: s. 2
Current State:
All of Act in operation
Motor Car Traders Amendment Act 2008, No. 4/2008
Assent Date:
4.3.08
Commencement Date:
S. 31 on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
National Gas (Victoria) Act 2008, No. 30/2008
Assent Date:
17.6.08
Commencement Date:
S. 42 on 1.7.08: Special Gazette (No. 184) 1.7.08 p. 1
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
Sheriff Act 2009, No. 9/2009
Assent Date:
24.3.09
Commencement Date:
S. 77 on 1.10.09: Government Gazette 1.10.09 p. 2539
Current State:
This information relates only to the provision/s amending the Interpretation of Legislation Act 1984
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3. Explanatory Details

1 S. 32: Section 4 of the Interpretation of Legislation (Amendment) Act 1991, No. 6/1991 reads as follows:
	4.	Validation of existing subordinate instruments
	(1)	Subject to subsection (4) and despite anything to the contrary in section 32(3) of the Interpretation of Legislation Act 1984 (as in force immediately before the commencement of this Act), a subordinate instrument within the meaning of that Act that was made before that commencement and that has not been, and does not purport to have been, revoked, whether directly or indirectly, is not to be taken to be, or to have ever been, void and of no effect by reason only of a failure to comply with section 32(2)(a) of that Act in relation to that subordinate instrument.
	(2)	The Legal and Constitutional Committee may report a failure referred to in subsection (1) to each House of the Parliament and the subordinate instrument shall be disallowed if each House passes a resolution in accordance with subsection (3).
	(3)	Section 32 of the Interpretation of Legislation Act 1984 (as amended by this Act) applies to a resolution to disallow a subordinate instrument under this section in the same manner and to the same extent as it applies to a resolution under section 32 of that Act as so amended and in force for the time being.



	(4)	A question concerning the validity of a subordinate instrument arising in proceedings commenced before the commencement of this Act must be determined as if this section had not been enacted.

2 S. 38 def. of Court of Appeal: Sections 29 and 30 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 read as follows:
	29.	Proceedings before Full Court
	(1)	The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.
	(2)	If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgement in that proceeding, may be done by the Court of Appeal.
	30.	References to Full Court
A reference in an Act or an instrument made under an Act or in any other document to the Full Court of the Supreme Court or to the Supreme Court sitting as the Full Court is to be taken to include a reference to the Court of Appeal.




3 S. 44(5): Section 43 of the Supreme Court Act 1986, No. 110/1986 reads as follows:
S. 43 (Heading) inserted by No. 17/2005 s. 7(1).
	43.	Standard time in Victoria
S. 43(1) substituted by No. 17/2005 s. 7(2).
	(1)	Standard time throughout Victoria is the time that is 10 hours in advance of Co-ordinated Universal Time.
Note
Under section 8AA of the National Measurement Act 1960 of the Commonwealth the Chief Metrologist is required to maintain Co-ordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures.
	(2)	If-
	(a)	an expression of time occurs in an instrument; or
	(b)	the doing or not doing of anything at a certain time has an effect in law-
		the time is standard time as provided in subsection (1) unless it is otherwise specifically stated.

4 S. 57: Section 11 of the Crimes at Sea Act 1999, No. 56/1999 reads as follows:
	11.	Application of repeal and amendments
	(1)	In this section commencement day means the day on which this Act comes into operation.
	(2)	Although section 9 repeals the Crimes (Offences at Sea) Act 1978, that Act continues to apply, in relation to acts and omissions that took place before the commencement day, as if the repeal had not happened.
	(3)	The amendments of the Interpretation of Legislation Act 1984 made by section 10 apply to acts and omissions that take place on or after the commencement day.
	(4)	For the purposes of this section, if an act or omission is alleged to have taken place between two dates, one before and one after the commencement day, the act or omission is alleged to have taken place before the commencement day.

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Part I-Preliminary


Interpretation of Legislation Act 1984
No. 10096 of 1984