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APPEAL COSTS ACT 1998 - NOTES

Version No. 031

No. 87 of 1998
Version incorporating amendments as at
1 March 2020

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Version No. 031

Appeal Costs Act 1998

No. 87 of 1998
Version incorporating amendments as at
1 March 2020

Endnotes

    1     General information

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

Minister's second reading speech—

Legislative Assembly: 8 October 1998

Legislative Council: 10 November 1998

The long title for the Bill for this Act was "A Bill to re-enact, with amendments, the Appeal Costs Act 1964 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 8 October 1998

Legislative Council: 10 November 1998

Absolute majorities:

Legislative Assembly: 30 October 1998

Legislative Council: 12 November 1998

The Appeal Costs Act 1998 was assented to on 24 November 1998 and came into operation as follows:

Sections 1 and 2 on 24 November 1998: section 2(1); rest of Act on 1 April 1999: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

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

References to ILA s. 39B

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.

Interpretation

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).

    2     Table of Amendments

This publication incorporates amendments made to the Appeal Costs Act 1998 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002

Assent Date:

18.6.02

Commencement Date:

Ss 26, 27 on 19.6.02: s. 2(1)

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Appeal Costs and Penalty Interest Rates Acts (Amendment) Act 2004, No. 34/2004

Assent Date:

8.6.04

Commencement Date:

Ss 47 on 9.6.04: s. 2

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 13) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:

24.5.05

Commencement Date:

S. 18(Sch. 1 item 5) on 12.12.05: Government Gazette 1.12.05 p. 2781

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006

Assent Date:

11.4.06

Commencement Date:

S. 3 on 12.4.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:

15.8.06

Commencement Date:

S. 42(Sch. item 3) on 23.4.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:

10.10.06

Commencement Date:

S. 26(Sch. item 4) on 11.10.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date:

4.3.08

Commencement Date:

S. 32(Sch. item 1) on 1.12.08: s. 2(2)

Current State:

The information relates only to the provision/s amending the Appeal Costs Act 1998

Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009)

Assent Date:

10.3.09

Commencement Date:

S. 431 on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:

24.11.09

Commencement Date:

S. 97(Sch. item 8) on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:

24.11.09

Commencement Date:

S. 54(Sch. Pt 2 item 4) on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011

Assent Date:

21.12.11

Commencement Date:

S. 21 on 18.3.12: Special Gazette (No. 66) 6.3.12 p. 1

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 5) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:

26.8.14

Commencement Date:

S. 141 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Inquiries Act 2014, No. 67/2014

Assent Date:

23.9.14

Commencement Date:

S. 147(Sch. 2 item 3) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:

29.8.17

Commencement Date:

S. 74 on 30.8.17: s. 2(1); ss 1530 on 1.5.18: s. 2(4)

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date:

25.9.18

Commencement Date:

S. 39 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:

4.6.19

Commencement Date:

S. 221(Sch. 1 item 2) on 1.3.20: s. 2(2)

Current State:

This information relates only to the provision/s amending the Appeal Costs Act 1998

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

    4     Explanatory details

No entries at date of publication.



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