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SURVEYING ACT 2004 - NOTES

Version No. 016

No. 47 of 2004
Version incorporating amendments as at
1 March 2023

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Version No. 016

Surveying Act 2004

No. 47 of 2004
Version incorporating amendments as at
1 March 2023

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: 6 May 2004

Legislative Council: 1 June 2004

The long title for the Bill for this Act was "to provide for the management of cadastral surveying, to repeal the Surveyors Act 1978 and for other purposes."

The Surveying Act 2004 was assented to on 16 June 2004 and came into operation on 1 January 2005: section 2(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 Surveying Act 2004 by Acts and subordinate instruments.

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

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 197) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Surveying Act 2004

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

Assent Date:

24.5.05

Commencement Date:

S. 18(Sch. 1 item 105) on 12.12.05: Government Gazette 1.12.05 p. 2781

Current State:

This information relates only to the provision/s amending the Surveying Act 2004

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 98) on 11.10.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Surveying Act 2004

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

Assent Date:

24.11.09

Commencement Date:

S. 54(Sch. Pt 2 item 50) on 1.1.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Surveying Act 2004

Land Legislation Amendment Act 2009, No. 80/2009

Assent Date:

8.12.09

Commencement Date:

Ss 73–93 on 1.5.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Surveying Act 2004

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 94) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Surveying Act 2004

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

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 95) 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 Surveying Act 2004

Inquiries Act 2014, No. 67/2014

Assent Date:

23.9.14

Commencement Date:

S. 147(Sch. 2 item 35) 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 Surveying Act 2004

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 122) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Surveying Act 2004

Local Government Act 2020, No. 9/2020

Assent Date:

24.3.20

Commencement Date:

S. 390(Sch. 1 item 100) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1

Current State:

This information relates only to the provision/s amending the Surveying Act 2004

Building and Planning Legislation Amendment Act 2023, No. 1/2023

Assent Date:

28.2.23

Commencement Date:

Ss 322">–34 on 1.3.23: s. 2

Current State:

This information relates only to the provision/s amending the Surveying Act 2004

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    3     Explanatory details

No entries at date of publication.



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