Victorian Current Acts

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INTERPRETATION OF LEGISLATION ACT 1984 - SECT 55

Construction of references to British subjects etc.

    (1)     In this section—

S. 55(1)(a) repealed by No. 61/1986 s. 4(a).

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        (b)         law of Victoria means—

              (i)     an Act;

              (ii)     a subordinate instrument; and

              (iii)     an instrument having effect by virtue of a subordinate instrument.

S. 55(2) substituted by No. 61/1986 s. 4(b), amended by No. 25/2023 s. 6.

    (2)     A reference in any law of Victoria to a British subject or to a natural-born or naturalised subject of His Majesty or to any other similar expression shall be construed as a reference to an Australian citizen or any other person—

        (a)     whose name was, at any time within the three months immediately before 26 January 1984, enrolled on—

              (i)     an electoral roll for an electoral district of the Legislative Assembly; or

              (ii)     an electoral roll maintained under any one of the Commonwealth Acts known as the Commonwealth Electoral Act 1918, the Australian Capital Territory Representation (House of Representatives) Act 1973 and the Northern Territory Representation Act 1922; or—

        (b)     who had not attained the full age of 18 years before that date but whose name could have been so enrolled at any such time if the person had attained that age before that date; or

        (c)     who had not attained the full age of 18 years before that date but whose name could have been so enrolled at any such time but for the operation of section 48(2) of the Constitution Act 1975 if the person had attained that age before that date; or

        (d)     whose name could have been so enrolled at any such time but before the operation of section 48(2) of the Constitution Act 1975 .

S. 55(3) substituted by No. 61/1986 s. 4(b).

    (3)     Where a rule of law applies to or in relation to or has effect with respect to a British subject, that rule of law shall apply to or in relation to or shall have effect with respect to an Australian citizen and a person to whom subsection (2)(a), (b), (c) or (d) applies as if that Australian citizen or person were a British subject.

S. 55(4) repealed by No. 61/1986 s. 4(b).

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