Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 38

Definitions

38. Definitions

In all Acts and subordinate instruments, unless the contrary intention
appears- Act means an Act passed by the Parliament of Victoria; ADI means
authorised deposit-taking institution within the meaning of the
Banking Act 1959 of the Commonwealth;

Attorney-General means Attorney-General of Victoria;

Australia, when used in a geographical sense, includes the Territory of
Christmas Island and the Territory of Cocos (Keeling) Islands, but does not
include any other external Territory;

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bail justice means-

   (a)  bail justice appointed under section 120 of the
        Magistrates' Court Act 1989; or

   (b)  bail justice by virtue of holding a prescribed office under
        section 121 of the Magistrates' Court Act 1989;

Chief Judge means Chief Judge of the County Court;

Chief Justice means Chief Justice of the Supreme Court;

Chief Magistrate means Chief Magistrate of the Magistrates' Court;

Children's Court means The Children's Court of Victoria;

Colonial Secretary and Chief Secretary mean the responsible Minister of the
Crown for the time being administering the provision in which, or in respect
of which, the expression is used or, if, for the time being, different
Ministers are administering that provision in different respects, each of
those Ministers to the extent that he or she is administering that provision
in the relevant respect; commencement, in relation to an Act or subordinate
instrument or a provision of an Act or subordinate instrument, means the time
at which the Act or subordinate instrument or provision comes into operation;
Commonwealth means the Commonwealth of Australia; Commonwealth Act means an
Act passed by the Parliament of the Commonwealth; Consolidated Fund means the
Consolidated Fund established under the Financial Management Act 1994;

contravention, in relation to an Act or subordinate instrument or a provision
of an Act or subordinate instrument, includes a failure to comply with the Act
or subordinate instrument or provision; County Court means The County Court in
and for the State of Victoria; Court of Appeal means the division of the
Supreme Court called the Court of Appeal2;

Criminal Code of the Commonwealth means the Schedule to the
Criminal Code Act 1995 of the Commonwealth;

Crown means the Crown in right of Victoria; document includes, in addition to
a document in writing-

   (a)  any book, map, plan, graph or drawing;

   (b)  any photograph;

   (c)  any label, marking or other writing which identifies or describes
        anything of which it forms part, or to which it is attached by any
        means whatsoever;

   (d)  any disc, tape, sound track or other device in which sounds or other
        data (not being visual images) are embodied so as to be capable (with
        or without the aid of some other equipment) of being reproduced
        therefrom;

   (e)  any film (including microfilm), negative, tape or other device in
        which one or more visual images are embodied so as to be capable (with
        or without the aid of some other equipment) of being reproduced
        therefrom; and

   (f)  anything whatsoever on which is marked any words, figures, letters or
        symbols which are capable of carrying a definite meaning to persons
        conversant with them; electronic communication has the same meaning as
        in the Electronic Transactions (Victoria) Act 2000;

enactment means an Act or subordinate instrument or a provision of an Act or
subordinate instrument;

entity includes a person and an unincorporated body;

external Territory means a Territory, not being an internal Territory, for the
government of which as a Territory provision is made by any Commonwealth Act;
Family Court means Family Court of Australia;

Federal Court means Federal Court of Australia;

fee unit has the meaning given by section 4 of the Monetary Units Act 2004;

full name and proper full name, in relation to a person who has a Christian or
other given name and a surname, mean the christian or other name given to that
person and the surname of that person; Government Gazette means the Victoria
Government Gazette published by authority; Government Printer means Government
Printer for Victoria; Note See Constitution Act 1975 section 72. Governor
means the person for the time being administering the Government of Victoria;
Governor in Council means the Governor with the advice of the Executive
Council; High Court means High Court of Australia;

Imperial Act means an Act passed by-

   (a)  the Parliament of England;

   (b)  the Parliament of Great Britain;

   (c)  the Parliament of the United Kingdom of Great Britain and Ireland; or

   (d)  the Parliament of the United Kingdom of Great Britain and Northern
        Ireland; individual means a natural person;

infamous offence and infamous crime include-

   (a)  perjury; and

   (b)  the commission of an act of bestiality or an attempt to commit an act
        of bestiality; insolvent under administration means-

   (a)  a person who is an undischarged bankrupt within the meaning of the
        Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction); or

   (b)  a person who has executed a deed of arrangement under Part X of the
        Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if the terms of the
        deed have not been fully complied with; or

   (c)  a person whose creditors have accepted a composition under Part X of
        the Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if a final payment has
        not been made under that composition; or

   (d)  a person for whom a debt agreement has been made under Part IX of the
        Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if the debt agreement
        has not ended or has not been terminated; or

   (e)  a person who has executed a personal insolvency agreement under Part X
        of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) but not if the
        agreement has been set aside or terminated or all of the obligations
        that the agreement created have been discharged; internal Territory
        means the Australian Capital Territory, the Jervis Bay Territory or
        the Northern Territory;

Jervis Bay Territory means the Territory referred to in the
Jervis Bay Territory Acceptance Act 1915 of the Commonwealth;

justice means a justice of the peace; land includes buildings and other
structures permanently affixed to land, land covered with water, and any
estate, interest, easement, servitude, privilege or right in or over land; law
officer means the Attorney-General and includes any Minister of the Crown for
the time being acting for or on behalf of the Attorney-General; Legislative
Assembly means the Legislative Assembly of Victoria; Legislative Council means
the Legislative Council of Victoria; Magistrates' Court means the Magistrates'
Court of Victoria;

Minister means the responsible Minister of the Crown for the time being
administering the provision in which, or in respect of which, the expression
is used or, if, for the time being, different Ministers are administering that
provision in different respects, each of those Ministers to the extent that he
or she is administering that provision in the relevant respect, and where a
Minister of the Crown is referred to by the title of his or her Ministerial
office, the reference shall be construed as including a reference to a
Minister of the Crown for the time being acting for or on behalf of that
Minister; Northern Territory means Northern Territory of Australia;

oath and affidavit, in relation to persons for the time being allowed by law
to affirm or declare instead of swearing, include affirmation and declaration
and, in relation to those persons, swear includes affirm and declare;
Parliament means the Parliament of Victoria; penalty unit shall be construed
in accordance with section 110 of the Sentencing Act 1991;





person includes a body politic or corporate as well as an individual; Premier
means Premier of Victoria;

prescribed means prescribed by the Act in which the word is used or by a
subordinate instrument made under or pursuant to that Act; public service has
the same meaning as in the Public Administration Act 2004;

rules of court in relation to any court, means rules made by the authority
having power to make rules or orders regulating the practice and procedure of
that court; sheriff has the same meaning as in the Sheriff Act 2009;

sitting days, in relation to either House of Parliament, means days on which
the House actually sits; Standards Australia means Standards Australia
International Limited (ACN 087 326 690);

Standards Council of New Zealand means the Standards Council continued in
existence under section 3 of the Standards Act 1988 of New Zealand;

State means the State of Victoria; statutory declaration and solemn
declaration means a declaration under Division 4 of Part IV of the
Evidence Act 1958;

statutory rule has the same meaning as in the
Subordinate Legislation Act 1994;

subordinate instrument means an instrument made under an Act-

   (a)  that is a statutory rule; or

   (b)  that is not a statutory rule but-

   (i)  contains regulations, rules, by-laws, proclamations, Orders in
        Council, orders or schemes; or

   (ii) is of a legislative character; Supreme Court means The Supreme Court
        of the State of Victoria; Territory (when used in an Act passed, or
        subordinate instrument made, on or after 1 January 2001 or 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) means a Territory referred to in section 122 of the
        Constitution of the Commonwealth and includes a Territory administered
        by the Commonwealth under a Trusteeship Agreement; Treasurer means the
        Treasurer of Victoria; VCAT means the Victorian Civil and
        Administrative Tribunal established by the
        Victorian Civil and Administrative Tribunal Act 1998; waterway means a
        waterway as defined in section 3(1) of the Water Act 1989;

writing includes all modes of representing or reproducing words, figures or
symbols in a visible form and expressions referring to writing shall be
construed accordingly.