Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 36B

Location of penalties, examples and notes

36B. Location of penalties, examples and notes



(1) In this section legislative item means a penalty, an example or a note.

(2) A legislative item set out in an Act or subordinate instrument in relation
to a provision of that Act or subordinate instrument is to be 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 if it would be at the foot of
that provision if no other legislative item were set out in relation to that
provision.

(3) This section applies in relation to a legislative item even if-

   (a)  that item was inserted by an amending Act or subordinate instrument
        that provided for its insertion before or after another specified
        legislative item and did not expressly provide for its insertion at
        the foot of the relevant provision; or

   (b)  the amending Act or subordinate instrument by which it was inserted
        described another specified legislative item as being at the foot of
        the relevant provision.

(4) Without limiting its application, this section has effect for the purposes
of section 111 of the Sentencing Act 1991 and sections 36(3A) and 36A of this
Act.