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DEFAMATION ACT 2005 - NOTES

Version No. 005

No. 75 of 2005
Version incorporating amendments as at
1 July 2021

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Version No. 005

Defamation Act 2005

No. 75 of 2005
Version incorporating amendments as at
1 July 2021

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: 7 September 2005

Legislative Council: 19 October 2005

The long title for the Bill for this Act was "to enact in Victoria provisions to promote uniform laws of defamation in Australia, to amend the Wrongs Act 1958 and the Limitation of Actions Act 1958, to make consequential amendments to certain Acts and for other purposes."

The Defamation Act 2005 was assented to on 2 November 2005 and came into operation 1 January 2006: section 2.

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 Defamation Act 2005 by Acts and subordinate instruments.

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Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 27) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Defamation Act 2005

Inquiries Act 2014, No. 67/2014

Assent Date:

23.9.14

Commencement Date:

S. 147(Sch. 2 item 13) 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 Defamation Act 2005

Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020

Assent Date:

17.11.20

Commencement Date:

Ss 1839 on 1.7.21: Special Gazette (No. 292) 16.6.21 p. 1

Current State:

This information relates only to the provision/s amending the Defamation Act 2005

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    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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