Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 36

Headings, Schedules, marginal notes and footnotes

36. Headings, Schedules, marginal notes and footnotes



(1) Headings to-

   (a)  Chapters, Parts, Divisions or Subdivisions into which an Act or
        subordinate instrument is divided; or

   (b)  Schedules to an Act or subordinate instrument-

form part of the Act or subordinate instrument.

(1A) Headings to Parts, Divisions or Subdivisions into which a Schedule to an
Act or subordinate instrument is divided form part of the Act or subordinate
instrument if-

   (a)  the Act is passed, or the subordinate instrument is made, on or after
        1 January 2001; or

   (b)  the heading is inserted into an Act passed, or subordinate instrument
        made, before 1 January 2001 by an Act passed, or subordinate
        instrument made, on or after that date.

(2) A Schedule to an Act or subordinate instrument forms part of the Act or
subordinate instrument.

(2A) Headings to-

   (a)  sections, clauses, regulations, rules or items into which an Act or
        subordinate instrument, or a Schedule to an Act or subordinate
        instrument, is divided; or

   (b)  tables, columns, examples, diagrams, notes (being notes at the foot of
        provisions and not marginal notes, footnotes or endnotes) or forms in
        an Act or subordinate instrument-

form part of the Act or subordinate instrument if-

   (c)  the Act is passed, or the subordinate instrument is made, on or after
        1 January 2001; or

   (d)  the heading is inserted into an Act passed, or subordinate instrument
        made, before 1 January 2001 by an Act passed, or subordinate
        instrument made, on or after that date.

(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

   (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

   (d)  the heading is inserted into a subordinate instrument made before 1
        January 2001 by a subordinate instrument made on or after that date.

(3) No marginal note, footnote or endnote in an Act or subordinate instrument
and no heading to a provision of an Act or subordinate instrument (not being a
heading that forms part of the Act or subordinate instrument by force of
subsection (1), (1A) or (2A)) shall be taken to form part of the Act or
subordinate instrument.

(3A) An example (being an example at the foot of a provision under the heading
"Example" or "Examples"), diagram or note (being a note at the foot of a
provision and not a marginal note, footnote or endnote) in an Act or
subordinate instrument forms part of the Act or subordinate instrument if-

   (a)  the Act is passed, or the subordinate instrument is made, on or after
        1 January 2001; or

   (b)  the example, diagram or note is inserted into an Act passed, or
        subordinate instrument made, before 1 January 2001 by an Act passed,
        or subordinate instrument made, on or after that date.

(3B) Punctuation in an Act or subordinate instrument forms part of the Act or
subordinate instrument if-

   (a)  the Act is passed, or the subordinate instrument is made, on or after
        1 January 2001; or

   (b)  the punctuation is inserted into an Act passed, or subordinate
        instrument made, before 1 January 2001 by an Act passed, or
        subordinate instrument made, on or after that date.

(3C) A provision number in an Act or subordinate instrument (whether passed or
made before, on or after 1 January 2001) forms part of the Act or subordinate
instrument.

(3D) An explanatory memorandum or table of provisions printed with an Act or
subordinate instrument before the title of the Act or subordinate instrument
does not form part of the Act or subordinate instrument.

(3E) An index or other material printed with an Act or subordinate instrument
after the endnotes to the Act or subordinate instrument does not form part of
the Act or subordinate instrument.

(4) Nothing in subsection (3) shall be construed as preventing in the
interpretation of a provision of an Act or subordinate instrument, the
consideration pursuant to section 35(b) of any marginal note, footnote,
endnote or heading not forming part of that Act or subordinate instrument.