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PARTNERSHIP ACT 1958 - NOTES

Version No. 084

No. 6330 of 1958
Version incorporating amendments as at
1 March 2020

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Version No. 084

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.

The Partnership Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.

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 Partnership Act 1958 by Acts and subordinate instruments.

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

Decimal Currency Act 1965, No. 7315/1965

Assent Date:

30.11.65

Commencement Date:

30.11.65 (Appointed day was 14.2.66)

Current State:

All of Act in operation

Supreme Court Act 1986, No. 110/1986

Assent Date:

16.12.86

Commencement Date:

1.1.87: s. 2

Current State:

All of Act in operation

Equal Opportunity (Amendment) Act 1987, No. 46/1987

Assent Date:

25.8.87

Commencement Date:

1.12.87: Government Gazette 21.10.87 p. 2777

Current State:

All of Act in operation

State Trust Corporation of Victoria Act 1987, No. 55/1987

Assent Date:

20.10.87

Commencement Date:

2.11.87: Government Gazette 28.10.87 p. 2925

Current State:

All of Act in operation

County Court (Amendment) Act 1989, No. 19/1989

Assent Date:

16.5.89

Commencement Date:

1.8.89: Government Gazette 26.7.89 p. 1858

Current State:

All of Act in operation

Partnership (Limited Partnerships) Act 1992, No. 43/1992

Assent Date:

23.6.92

Commencement Date:

12.8.92: Government Gazette 12.8.92 p. 2178

Current State:

All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:

6.11.96

Commencement Date:

S. 449 on 1.1.97: s. 2(3)

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:

2.6.98

Commencement Date:

S. 311(Sch. 1 item 71) on 1.7.98: Government Gazette 18.6.98 p. 1512

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Business Registration Acts (Amendment) Act 2000, No. 35/2000

Assent Date:

6.6.00

Commencement Date:

Ss 35, 36, 38 on 19.6.00: Government Gazette 15.6.00 p. 1248; s. 37 on 1.7.02: s. 2(2)

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

Assent Date:

12.6.01

Commencement Date:

S. 8(Sch. 6 item 4) on 28.6.01: Government Gazette 28.6.01 p. 1428

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:

27.6.01

Commencement Date:

S. 3(Sch. item 87) on 15.7.01: s. 2

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002

Assent Date:

23.4.02

Commencement Date:

S. 3(Sch. item 13) on 23.4.02: s. 2

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Fair Trading (Amendment) Act 2003, No. 30/2003

Assent Date:

27.5.03

Commencement Date:

Ss 88, 89 on 28.5.03: s. 2(1)

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Partnership (Venture Capital Funds) Act 2003, No. 99/2003

Assent Date:

2.12.03

Commencement Date:

3.12.03: s. 2

Current State:

All of Act in operation

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 151) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008

Assent Date:

11.2.08

Commencement Date:

Ss 2326 on 12.2.08: s. 2(1)

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Relationships Act 2008, No. 12/2008

Assent Date:

15.4.08

Commencement Date:

S. 73(1)(Sch. 1 item 44) on 1.12.08: s. 2(2)

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Consumer Affairs Legislation Amendment Act 2010, No. 1/2010

Assent Date:

9.2.10

Commencement Date:

S. 98 on 1.8.10: Government Gazette 22.7.10 p. 1628

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Credit (Commonwealth Powers) Act 2010, No. 11/2010

Assent Date:

30.3.10

Commencement Date:

S. 57 on 1.7.10: Government Gazette 24.6.10 p. 1273

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:

19.10.10

Commencement Date:

S. 24(Sch. 1 item 22) on 1.1.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Business Names (Commonwealth Powers) Act 2011, No. 79/2011

Assent Date:

21.12.11

Commencement Date:

S. 35 on 28.5.12: Special Gazette (No. 151) 8.5.12 p. 1

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:

8.5.12

Commencement Date:

S. 239(Sch. 6 item 34) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date:

13.3.13

Commencement Date:

S. 42(Sch. 2 item 13) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:

4.6.19

Commencement Date:

S. 221(Sch. 1 item 36) on 1.3.20: s. 2(2)

Current State:

This information relates only to the provision/s amending the Partnership Act 1958

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    3     Amendments Not in Operation

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

    4     Explanatory details


[1] S. 7: See also Commonwealth Bankruptcy Act 1966.

[2] S. 37: As to the application of the joint and separate estates of partners in bankruptcy proceedings, see Commonwealth Bankruptcy Act 1966, No. 33/1966 section 110.



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