Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 55

Construction of references to British subjects etc.

55. Construction of references to British subjects etc.



(1) In this section-



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   (b)  law of Victoria means-

   (i)  an Act;

   (ii) a subordinate instrument; and

   (iii) an instrument having effect by virtue of a subordinate instrument.

(2) A reference in any law of Victoria to a British subject or to a
natural-born or naturalised subject of Her Majesty or to any other similar
expression shall be construed as a reference to an Australian citizen or any
other person-

   (a)  whose name was, at any time within the three months immediately before
        26 January 1984, enrolled on-

   (i)  an electoral roll for an electoral district of the Legislative
        Assembly; or

   (ii) an electoral roll maintained under any one of the Commonwealth Acts
        known as the Commonwealth Electoral Act 1918, the Australian Capital
        Territory Representation (House of Representatives) Act 1973 and the
        Northern Territory Representation Act 1922; or-

   (b)  who had not attained the full age of 18 years before that date but
        whose name could have been so enrolled at any such time if the person
        had attained that age before that date; or

   (c)  who had not attained the full age of 18 years before that date but
        whose name could have been so enrolled at any such time but for the
        operation of section 48(2) of the Constitution Act 1975 if the person
        had attained that age before that date; or

   (d)  whose name could have been so enrolled at any such time but before the
        operation of section 48(2) of the Constitution Act 1975.

(3) Where a rule of law applies to or in relation to or has effect with
respect to a British subject, that rule of law shall apply to or in relation
to or shall have effect with respect to an Australian citizen and a person to
whom subsection (2)(a), (b), (c) or (d) applies as if that Australian citizen
or person were a British subject.



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