Text as at 1 May 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

36 Headings, Schedules, marginal notes and footnotes

(1)Headings to— form part of the Act or subordinate instrument.

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

S. 36(1)(a) amended by No. 60/2000 s. 7(1).

(b)Schedules to an 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—

S. 36(1A) inserted by No. 60/2000 s. 7(2).

(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— form part of the Act or subordinate instrument if—

S. 36(2A) inserted by No. 60/2000 s. 7(3).

(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—

(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— form part of the subordinate instrument if—

S. 36(2B) inserted by No. 61/2004 s. 4.

(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—

(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),

S. 36(3) amended by No. 60/2000 s. 7(4)(a)(b).

(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—

S. 36(3A) inserted by No. 60/2000 s. 7(5).

(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—

S. 36(3B) inserted by No. 60/2000 s. 7(5).

(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.

S. 36(3C) inserted by No. 60/2000 s. 7(5).

(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.

S. 36(3D) inserted by No. 60/2000 s. 7(5).

(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.

S. 36(3E) inserted by No. 60/2000 s. 7(5).

(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.

S. 36(4) amended by No. 60/2000 s. 7(6).