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.

44 Time

(1)Where in an Act or subordinate instrument a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall not be included in the period.

(2)Where in an Act or subordinate instrument a period of time is expressed to end on, or to be reckoned to, a particular day, that day shall be included in the period.

(3)Where the time limited by an Act or subordinate instrument for the doing of any act or thing expires or falls on a day that is a holiday, the time so limited shall extend to, and the act or thing may be done on, the day next following that is not a holiday.

S. 44(3) amended by No. 43/2012 s. 3(Sch. item 24).

(4)In subsection (3) holiday means—

(a)a Saturday or Sunday;

(b)a day appointed under the Public Holidays Act 1993 as a public holiday in the place in which the act or thing is to be or may be done.

S. 44(4)(b) substituted by No. 119/1993 s. 16(2).

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(5)Subject to section 4 of the Summer Time Act 1972, whenever an expression of time occurs in an Act or subordinate instrument, the time referred to shall, unless the contrary intention appears, be deemed to be standard time throughout Victoria as declared by section 43 of the Supreme Court Act 19863.

S. 44(5) amended by No. 57/1989 s. 3(Sch. item 104.2).

(6)In an Act or subordinate instrument, unless the contrary intention expressly appears—

(a)a reference to midnight, in relation to a particular day, shall be construed as a reference to the point of time at which that day ends;

(b)a reference to a month shall be construed as a reference to a calendar month;

(c)a reference, without qualification, to a year shall be construed as a reference to a period of twelve months;

S. 44(4)(c) repealed by No. 119/1993 s. 16(2).

(d)a reference to a financial year shall be construed as a reference to the period of twelve months ending at midnight on 30 June; and

(e)a reference to a calendar year shall be construed as a reference to the period of twelve months ending at midnight on 31 December.

(7)In a provision of an Act or subordinate instrument the expression "now", "heretofore" or "hereafter" shall be construed as referring to the time when the provision in which the expression occurs came into operation.