Endnotes

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Interpretation of Legislation Act 1984 was assented to on 22 May 1984 and came into operation on 1 July 1984: section 2.

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is 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. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).

This publication incorporates amendments made to the Interpretation of Legislation Act 1984 by Acts and subordinate instruments.

1 S. 32: Section 4 of the Interpretation of Legislation (Amendment) Act 1991, No. 6/1991 reads as follows:

4 Validation of existing subordinate instruments

(1) Subject to subsection (4) and despite anything to the contrary in section 32(3) of the Interpretation of Legislation Act 1984 (as in force immediately before the commencement of this Act), a subordinate instrument within the meaning of that Act that was made before that commencement and that has not been, and does not purport to have been, revoked, whether directly or indirectly, is not to be taken to be, or to have ever been, void and of no effect by reason only of a failure to comply with section 32(2)(a) of that Act in relation to that subordinate instrument.

(2) The Legal and Constitutional Committee may report a failure referred to in subsection (1) to each House of the Parliament and the subordinate instrument shall be disallowed if each House passes a resolution in accordance with subsection (3).

(3) Section 32 of the Interpretation of Legislation Act 1984 (as amended by this Act) applies to a resolution to disallow a subordinate instrument under this section in the same manner and to the same extent as it applies to a resolution under section 32 of that Act as so amended and in force for the time being.

(4) A question concerning the validity of a subordinate instrument arising in proceedings commenced before the commencement of this Act must be determined as if this section had not been enacted.

2 S. 38 def. of Court of Appeal: Sections 29 and 30 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 read as follows:

29 Proceedings before Full Court

(1) The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.

(2) If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgement in that proceeding, may be done by the Court of Appeal.

30 References to Full Court

A reference in an Act or an instrument made under an Act or in any other document to the Full Court of the Supreme Court or to the Supreme Court sitting as the Full Court is to be taken to include a reference to the Court of Appeal.

3 S. 44(5): Section 43 of the Supreme Court Act 1986, No. 110/1986 reads as follows:

S. 43 (Heading) inserted by No. 17/2005 s. 7(1).

43 Standard time in Victoria

S. 43(1) substituted by No. 17/2005 s. 7(2).

(1) Standard time throughout Victoria is the time that is 10 hours in advance of Co-ordinated Universal Time.

Under section 8AA of the National Measurement Act 1960 of the Commonwealth the Chief Metrologist is required to maintain Co-ordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures.

(2) If—

(a) an expression of time occurs in an instrument; or

(b) the doing or not doing of anything at a certain time has an effect in law—

the time is standard time as provided in subsection (1) unless it is otherwise specifically stated.

4 S. 57: Section 11 of the Crimes at Sea Act 1999, No. 56/1999 reads as follows:

11 Application of repeal and amendments

(1) In this section commencement day means the day on which this Act comes into operation.

(2) Although section 9 repeals the Crimes (Offences at Sea) Act 1978, that Act continues to apply, in relation to acts and omissions that took place before the commencement day, as if the repeal had not happened.

(3) The amendments of the Interpretation of Legislation Act 1984 made by section 10 apply to acts and omissions that take place on or after the commencement day.

(4) For the purposes of this section, if an act or omission is alleged to have taken place between two dates, one before and one after the commencement day, the act or omission is alleged to have taken place before the commencement day.