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Text as at 1 May 2026
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Act index » Part IV - Provisions applicable to Acts and subordinate instruments

38 Definitions

In all Acts and subordinate instruments, unless the contrary intention appears—
S. 38 def. of Chief Commis- sioner of Police inserted by No. 55/2025 s. 58.S. 38 def. of Criminal Code of the Common- wealth inserted by No. 13/2006 s. 9.S. 38 def. of electronic communi- cation inserted by No. 13/2006 s. 9.
Act means an Act passed by the Parliament of Victoria;
S. 38 def. of Australian legal practitioner inserted by No. 17/2014 (as amended by No. 8/2015).S. 38 def. of enactment inserted by No. 13/2006 s. 9.
ADI means authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;
S. 38 def. of ADI inserted by No. 13/2006 s. 9.
approved alternative publication Internet site means an Internet site approved under section 38N;
S. 38 def. of approved alternative publication Internet site inserted by No. 13/2022 s. 37.
Attorney-General means Attorney-General of Victoria;
S. 38 def. of Attorney- General inserted by No. 13/2006 s. 9.
S. 38 def. of audio link inserted by No. 11/2021 s. 195.
S. 38 def. of audio visual link inserted by No. 11/2021 s. 195.
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;
S. 38 def. of Australia inserted by No. 60/2000 s. 9.S. 38 def. of Australian lawyer inserted by No. 17/2014 (as amended by No. 8/2015).S. 38 def. of Standards Australia inserted by No. 60/2000 s. 9.
Australian lawyer has the same meaning as it has in the Legal Profession Uniform Law (Victoria);
(a)an Australian legal practitioner within the meaning of the Legal Profession Uniform Law (Victoria); or
(b)a non-participant legal practitioner within the meaning of Schedule 3 to the Legal Profession Uniform Law (Victoria);
* * * * *
bail justice means—
S. 38 def. of bail justice inserted by No. 51/1989 s. 146(a)(i), substituted by No. 35/2002 s. 25(3), amended by No. 70/2010 s. 39, substituted by No. 32/2014 s. 57.
(a)a person appointed as a bail justice under section 14 of the Honorary Justices Act 2014; or
(b)a person re-appointed as a bail justice under section 15 of the Honorary Justices Act 2014; or
(c)a person who is a bail justice by virtue of holding a prescribed office under section 18 of the Honorary Justices Act 2014;
Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;
S. 38 def. of Central Plan Office inserted by No. 53/2017 s. 14.
Chief Commissioner of Police means the person appointed under section 17 of the Victoria Police Act 2013;
Chief Judge means Chief Judge of the County Court;
S. 38 def. of Chief Judge inserted by No. 13/2006 s. 9.
Chief Justice means Chief Justice of the Supreme Court;
S. 38 def. of Chief Justice inserted by No. 13/2006 s. 9.
Chief Magistrate means Chief Magistrate of the Magistrates' Court;
S. 38 def. of Chief Magistrate inserted by No. 13/2006 s. 9.S. 38 def. of magistrate inserted by No. 3/2016 s. 59.
Children's Court means The Children's Court of Victoria;
S. 38 def. of Children's Court inserted by No. 56/1989 s. 286(Sch. 2 item 10), repealed by 29/2006 s. 3(Sch. 1 item 15.1).S. 38 new def. of Children's Court inserted by No. 29/2006 s. 3(Sch. 1 item 15.2).
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;
S. 38 def. of Consolidated Fund amended by No. 18/1994 s. 66(Sch. 2 item 9).
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;
coroner has the same meaning as in section 3(1) of the Coroners Act 2008;
S. 38 def. of coroner inserted by No. 77/2008 s. 129(Sch. 2 item 13).S. 38 def. of Coroners Court inserted by No. 77/2008 s. 129(Sch. 2 item 13).S. 38 def. of Deputy State Coroner inserted by No. 77/2008 s. 129(Sch. 2 item 13).S. 38 def. of State Coroner inserted by No. 77/2008 s. 129(Sch. 2 item 13).
Coroners Court means the Coroners Court of Victoria;
Costs Court has the same meaning as it has in the Supreme Court Act 1986;
S. 38 def. of Costs Court inserted by No. 78/2008 s. 24. S. 38 def. of Costs Judge inserted by No. 78/2008 s. 24.
Costs Judge has the same meaning as it has in the Supreme Court Act 1986;
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;
S. 38 def. of Court of Appeal inserted by No. 109/1994 s. 31.
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;
Deputy State Coroner means the Deputy State Coroner of the Coroners Court;
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;
dual commission holder means—
S. 38 def. of dual commission holder inserted by No. 3/2016 s. 59, amended by No. 1/2022 s. 96.
(a)in relation to the Chief Judge, a person who concurrently holds both the office of Chief Judge under the County Court Act 1958 and the office of Judge of the Supreme Court referred to in section 75(3)(d) of the Constitution Act 1975;
(b)in relation to the Chief Magistrate, a person who concurrently holds both the office of Chief Magistrate under the Magistrates' Court Act 1989 and the office of Judge of the Supreme Court referred to in section 75(3)(d) of the Constitution Act 1975;
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;
S. 38 def. of entity inserted by No. 13/2006 s. 9.
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;
S. 38 def. of external Territory inserted by No. 60/2000 s. 9.S. 38 def. of Territory inserted by No. 60/2000 s. 9.
Family Court means Family Court of Australia;
S. 38 def. of Family Court inserted by No. 13/2006 s. 9.
Federal Court means Federal Court of Australia;
S. 38 def. of Federal Court inserted by No. 13/2006 s. 9.
fee unit has the meaning given by section 4 of the Monetary Units Act 2004;
S. 38 def. of fee unit inserted by No. 13/2006 s. 9.
First Peoples' Assembly means the First Peoples' Assembly of Victoria established by section 17 of the Statewide Treaty Act 2025;
S. 38 def. of First Peoples' Assembly inserted by No. 45/2025 s. 270.
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;
Gellung Warl means Gellung Warl established by section 10 of the Statewide Treaty Act 2025;
S. 38 def. of Gellung Warl inserted by No. 45/2025 s. 270.
Government Gazett e means the Victoria Government Gazette published by authority;
Government Printer means Government Printer for Victoria;
S. 38 def. of Government Printer inserted by No. 13/2006 s. 9.
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;
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
S. 38 def. of GST inserted by No. 55/2025 s. 58.
High Court means High Court of Australia;
S. 38 def. of High Court inserted by No. 13/2006 s. 9.
IBAC means the Independent Broad-based Anti- corruption Commission established by section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;
S. 38 def. of IBAC inserted by No. 55/2025 s. 58.
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;
S. 38 def. of individual inserted by No. 13/2006 s. 9.
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—
S. 38 def. of insolvent under administration inserted by No. 13/2006 s. 9, substituted by No. 4/2008 s. 31.
(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;
S. 38 def. of internal Territory inserted by No. 60/2000 s. 9.
Jervis Bay Territory means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915 of the Commonwealth;
S. 38 def. of Jervis Bay Territory inserted by No. 60/2000 s. 9.
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;
S. 38 def. of Standards Council of New Zealand inserted by No. 13/2006 s. 9.
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;
magistrate has the same meaning as in section 3(1) of the Magistrates' Court Act 1989;
S. 38 def. of Magistrates' Court inserted by No. 51/1989 s. 146(a)(ii).
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;
Nginma Ngainga Wara means Nginma Ngainga Wara established by the Statewide Treaty Act 2025;
S. 38 def. of Nginma Ngainga Wara inserted by No. 45/2025 s. 270.
Northern Territory means Northern Territory of Australia;
S. 38 def. of Northern Territory inserted by No. 95/1993 s. 8.
Nyerna Yoorrook Telkuna means Nyerna Yoorrook Telkuna established by the Statewide Treaty Act 2025;
S. 38 def. of Nyerna Yoorrook Telkuna inserted by No. 45/2025 s. 270.
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;
S. 38 def. of penalty unit amended by Nos 10260 s. 114(Sch. 4 item 8), 49/1991 s. 119(7)(Sch. 4 item 10.1).
person includes a body politic or corporate as well as an individual;
police officer has the same meaning as in the Victoria Police Act 2013;
S. 38 def. of police officer inserted by No. 5/2015 s. 7.
Premier means Premier of Victoria;
S. 38 def. of Premier inserted by No. 13/2006 s. 9.
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;
S. 38 def. of public service inserted by No. 13/2006 s. 9.
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;
S. 38 def. of sheriff inserted by No. 9/2009 s. 77.
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;
State Coroner means the State Coroner of the Coroners Court;
statutory declaration means a statutory declaration under Part 4 of the Oaths and Affirmations Act 2018;
S. 38 def. of statutory declaration and solemn declaration substituted by No. 57/1989 s. 3(Sch. item 104.1), amended by No. 69/2009 s. 54(Sch. Pt 2 item 29), substituted as statutory declaration by No. 6/2018 s. 66.
statutory rule has the same meaning as in the Subordinate Legislation Act 1994;
S. 38 def. of statutory rule inserted by No. 61/2004 s. 6(1).
subordinate instrument means an instrument made under an Act—
S. 38 def. of subordinate instrument inserted by No. 61/2004 s. 6(1).
(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;
S. 38 def. of VCAT inserted by No. 61/2004 s. 6(1).
Victoria Police means the body established by section 6 of the Victoria Police Act 2013;
S. 38 def. of Victoria Police inserted by No. 55/2025 s. 58.
waterway means a waterway as defined in section 3(1) of the Water Act 1989;
S. 38 def. of waterway inserted by No. 81/1989 s. 3(Sch. item 24).
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.