Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 31

Construction of references in subordinate instruments to other enactments

31. Construction of references in subordinate instruments to other enactments



(1) A reference in a subordinate instrument to that subordinate instrument or
to any provision of that subordinate instrument or to any other subordinate
instrument or to any provision of any other subordinate instrument or to any
Act or provision of an Act shall, unless the contrary intention appears, be
construed-





   (a)  if the subordinate instrument, Act or provision in question has been
        amended, as a reference to the subordinate instrument, Act or
        provision as amended and in force for the time being;

   (b)  if the subordinate instrument, Act or provision in question has been
        re-made or re-enacted (with or without modification), as a reference
        to the subordinate instrument, Act or provision as re-made or
        re-enacted and in force for the time being;

   (c)  if the subordinate instrument, Act or provision in question has been
        re-made or re-enacted (with or without modification) and subsequently
        amended, as a reference to the subordinate instrument, Act or
        provision as re-made or re-enacted and as subsequently amended and in
        force for the time being; and

   (d)  if the subordinate instrument, Act or provision in question has been
        repealed and not re-enacted or re-made, as a reference to the Act,
        subordinate instrument or provision as in force immediately before its
        repeal.

(1A) A reference in a subordinate instrument to any provision of that or any
other subordinate instrument or to any provision of an Act must, if the
provision in question has been renumbered or relocated, be construed as a
reference to the provision as renumbered or relocated and in force for the
time being, unless the contrary intention appears.







(2) In this section-

   (a)  a reference to an Act includes a reference to-

   (i)  a Commonwealth Act; and

   (ii) an Act or Ordinance of another State or of a Territory;

   (b)  a reference to a subordinate instrument includes a reference to an
        instrument of a legislative character made or to be made under or
        pursuant to the provisions of-

   (i)  a Commonwealth Act; or

   (ii) an Act or Ordinance of another State or of a Territory.