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JUDICIAL COMMISSION OF VICTORIA ACT 2016 - NOTES

Version No. 008

No. 16 of 2016
Version incorporating amendments as at
31 December 2024

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Version No. 008

Judicial Commission of Victoria Act 2016

No. 16 of 2016

Version incorporating amendments as at
31 December 2024

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: 10 December 2015

Legislative Council: 25 February 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Constitution Act 1975 to establish the Judicial Commission of Victoria under that Act, to provide for investigations into judicial officers and non-judicial members of VCAT, to make consequential and other amendments to other Acts and for other purposes."

Constitution Act 1975:

Special majorities:

Legislative Assembly: 8 March 2016

Legislative Council: 14 April 2016

Absolute majorities:

Legislative Assembly: 8 March 2016

Legislative Council: 14 April 2016

The Judicial Commission of Victoria Act 2016 was assented to on 19 April 2016 and came into operation as follows:

Sections 214–216 on 1 June 2017: section 2(3); sections 1–213, Schedules 1, 2 on 1 July 2017: section 2(2); section 217 on 1 June 2018: section 2(4).

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 Judicial Commission of Victoria Act 2016 by Acts and subordinate instruments.

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

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:

19.4.16

Commencement Date:

Ss 214–216 on 1.6.17: s. 2(3); s. 213 on 1.7.17: s. 2(2); s. 217 on 1.6.18: s. 2(4)

Note:

S. 213 repealed Pts 10, 11 (ss 148–213) on 1.6.18; s. 217 repealed Pt 12 (ss 214–217) on 1.6.18

Current State:

This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Health Complaints Act 2016, No. 22/2016

Assent Date:

3.5.16

Commencement Date:

S. 237 on 1.2.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:

16.5.17

Commencement Date:

S. 133 on 1.9.17: s. 2(3)

Current State:

This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 73) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019

Assent Date:

5.3.19

Commencement Date:

Ss 93101 on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1

Current State:

This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:

15.2.22

Commencement Date:

Ss 98, 99 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1

Current State:

This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024

Assent Date:

20.8.24

Commencement Date:

Ss 119123 on 31.12.24: s. 2(2)

Current State:

This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:

10.9.24

Commencement Date:

S. 66 on 11.9.24: s. 2(1)

Current State:

This information relates only to the provision/s amending the Judicial Commission of Victoria Act 2016

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    3     Explanatory details
No entries at date of publication.



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