Interpretation of Legislation (Amendment) Act 2000

i Interpretation of Legislation (Amendment) Act 2000 Act No. 60/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. References to Chapters of an Act 3 5. Prescribing matters by reference to Commonwealth Acts or statutory rules 3 6. References to Chapters of a subordinate instrument 4 7. Status of headings, examples, notes, punctuation, indexes etc. 5 8. New section 36A inserted 7 36A. Examples 7 9. Definitions 8 10. New section 38AA inserted 9 38AA. References to Australian Standards, etc. 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- 1 Interpretation of Legislation (Amendment) Act 2000 † [Assented to 8 November 2000] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Interpretation of Legislation Act 1984 so as— (a) to enable Acts and subordinate instruments to be divided into Chapters; Victoria No. 60 of 2000 -- 2 of 11 -- Act No. 60/2000 Interpretation of Legislation (Amendment) Act 2000 2 (b) to enable subordinate instruments to incorporate by reference provisions of Commonwealth Acts or Commonwealth statutory rules; (c) to make headings to sections and certain other provisions in, or inserted by, a post-1 January 2001 Act or subordinate instrument form part of the Act or subordinate instrument; (d) to clarify the status of examples, punctuation and other material printed in or with an Act or subordinate instrument; (e) to provide definitions of certain expressions for the purposes of all Acts and subordinate instruments; (f) to facilitate references to Australian Standards in Acts and subordinate instruments. 2. Commencement This Act comes into operation on 1 January 2001. 3. Principal Act In this Act, the Interpretation of Legislation Act 1984 is called the Principal Act. s. 2 See: Act No. 10096 Reprint No. 5 as at 5 June 1997 and amending Acts Nos 83/1996, 29/1997, 84/1997 and 31/1998. Law Today: www.dms. dpc.vic. gov.au -- 3 of 11 -- Act No. 60/2000 Interpretation of Legislation (Amendment) Act 2000 3 4. References to Chapters of an Act (1) In section 19(1) of the Principal Act, before paragraph (a) insert— "(aaa) to a Chapter by a number, the reference shall, unless the context otherwise requires, be construed as a reference to the Chapter, designated by that number, of the Act in which the reference occurs; (aa) to a Part by a number, the reference shall, unless the context otherwise requires, be construed— (i) if the Act contains Chapters, as a reference to the Part, designated by that number, of the Chapter in which the reference occurs; or (ii) if the Act does not contain Chapters, as a reference to the Part, designated by that number, of the Act in which the reference occurs;". (2) In section 19(1)(a) of the Principal Act, omit "Part," (where twice occurring). (3) In section 20 of the Principal Act, after "clause," insert "Chapter,". 5. Prescribing matters by reference to Commonwealth Acts or statutory rules (1) In section 32(1) of the Principal Act, the definition of "statutory rule" is repealed. (2) In section 32(2)(a) of the Principal Act— (a) after sub-paragraph (i) insert— "(ia) a Commonwealth Act; or"; s. 4 -- 4 of 11 -- Act No. 60/2000 Interpretation of Legislation (Amendment) Act 2000 4 (b) at the end of sub-paragraph (iii) insert— "; or (iv) a statutory rule (within the meaning of the Statutory Rules Publication Act 1903 of the Commonwealth) made under a Commonwealth Act—". (3) In section 32(2)(b), (3), (4) and (12) of the Principal Act, for "Code or statutory rule" substitute "Commonwealth Act, Code, statutory rule or statutory rule made under a Commonwealth Act". 6. References to Chapters of a subordinate instrument (1) In section 33(1) of the Principal Act, before paragraph (a) insert— "(aaa) to a Chapter by a number, the reference shall, unless the context otherwise requires, be construed as a reference to the Chapter, designated by that number, of the subordinate instrument in which the reference occurs; (aa) to a Part by a number, the reference shall, unless the context otherwise requires, be construed— (i) if the subordinate instrument contains Chapters, as a reference to the Part, designated by that number, of the Chapter in which the reference occurs; or (ii) if the subordinate instrument does not contain Chapters, as a reference to the Part, designated by that number, of the subordinate instrument in which the reference occurs;". s. 6 -- 5 of 11 -- Act No. 60/2000 Interpretation of Legislation (Amendment) Act 2000 5 (2) In section 33(1)(a) of the Principal Act, omit "Part," (where twice occurring). (3) In section 34 of the Principal Act, after "sub- paragraph," insert "Chapter,". 7. Status of headings, examples, notes, punctuation, indexes etc. (1) In section 36(1)(a) of the Principal Act, before "Parts," insert "Chapters,". (2) In section 36 of the Principal Act, after sub- section (1) insert— "(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— (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.". (3) In section 36 of the Principal Act, after sub- section (2) insert— "(2A) Headings to— (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— s. 7 -- 6 of 11 -- Act No. 60/2000 Interpretation of Legislation (Amendment) Act 2000 6 form part of the Act or subordinate instrument if— (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.". (4) In section 36(3) of the Principal Act— (a) for "or footnote" substitute ", footnote or endnote"; (b) for "provision referred to in sub-section (1)" substitute "heading that forms part of the Act or subordinate instrument by force of sub-section (1), (1A) or (2A)". (5) In section 36 of the Principal Act, after sub- section (3) insert— '(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— (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. s. 7 -- 7 of 11 -- Act No. 60/2000 Interpretation of Legislation (Amendment) Act 2000 7 (3B) Punctuation in an Act or subordinate instrument forms part of the Act or subordinate instrument if— (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. (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. (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.'. (6) In section 36(4) of the Principal Act, after "footnote" insert ", endnote". 8. New section 36A inserted After section 36 of the Principal Act insert— '36A. Examples (1) If an Act or subordinate instrument includes at the foot of a provision under the heading "Example" or "Examples" an example of s. 8 -- 8 of 11 -- Act No. 60/2000 Interpretation of Legislation (Amendment) Act 2000 8 the operation of the provision, the example— (a) is not exhaustive; and (b) may extend, but does not limit, the meaning of the provision. (2) This section applies to an example of a kind referred to in sub-section (1) included in an Act or subordinate instrument if— (a) the Act is passed, or the subordinate instrument is made, on or after 1 January 2001; or (b) the example 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.'. 9. Definitions In section 38 of the Principal Act insert the following definitions— ' "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; "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; "internal Territory" means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory; s. 9 -- 9 of 11 -- Act No. 60/2000 Interpretation of Legislation (Amendment) Act 2000 9 "Jervis Bay Territory" means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915 of the Commonwealth; "Standards Australia" means Standards Australia International Limited (ACN 087 326 690); "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;'. 10. New section 38AA inserted After section 38 of the Principal Act insert— '38AA. References to Australian Standards, etc. (1) In an Act or subordinate instrument, a reference consisting of the words "Australian Standard" or the letters "AS" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia. (2) In an Act or subordinate instrument, a reference to Standards Australia includes a reference to the Standards Association of Australia as constituted before 1 July 1999. (3) In an Act or subordinate instrument, a reference to the Standards Association of Australia, so far as it relates to any period on s. 10 -- 10 of 11 -- Act No. 60/2000 Interpretation of Legislation (Amendment) Act 2000 10 or after 1 July 1999, is a reference to Standards Australia.'. ═══════════════ ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 August 2000 Legislative Council: 5 October 2000 The long title for the Bill for this Act was "to amend the Interpretation of Legislation Act 1984 and for other purposes." Endnotes -- 11 of 11 --