[1]

The explanatory memorandum explains each clause in numerical order. Technically it is not part of the bill but explanatory text to assist in its understanding. It appears at the front of the printed bill.

[2]

All Victorian Acts referred to are printed in bold. In this case there is reference to a ‘Principal Act’. The purpose of all bills is to introduce new legislation, either to amend an existing Act or to create a completely new Act. Where the bill amends existing legislation, the main Act it affects is often defined as the ‘Principal Act’ and referred to throughout the text in this way. In such cases the definition is also confirmed in the bill itself, normally in clause 3.

[3]

The footer at the bottom of the page is simply for drafting reference purposes and does not form part of the text. It does however contain a reference to the print version (see Example C) and the date of printing.

[1]

Every bill has a formal structure and, for ease of reading and interpretation, is divided into a number of elements. In a very long bill the text will be divided into Chapters. More commonly there will be a number of Parts to a bill, each dealing with a different aspect of its subject matter. The Table of Provisions shows each Part and its title.

[2]

A Part may be divided into Divisions. Again, each is shown in the Table of Provisions with a title. It is also possible to have sub-divisions.

[3]

This is an example of a reference to a clause, the most frequently referred to element of a bill. Shorter bills will just contain clauses without the need for separate Parts. Clauses are numbered consecutively and each has a title. These are discussed below at Example G.

… Bill

Introduction Print [1]

EXPLANATORY MEMORANDUM

… Bill

Circulation Print

EXPLANATORY MEMORANDUM

PARLIAMENT OF VICTORIA

Initiated in Assembly 25 October 2000 [3]

… Bill

As Sent Print

EXPLANATORY MEMORANDUM

PARLIAMENT OF VICTORIA

______________________________________________

Initiated in Assembly 25 October 2000 
As amended in Assembly 16 November 2000 [5]

[1]

The introduction print is the first version of the bill to be printed. It is kept confidential until the Minister sponsoring the bill moves that the bill ‘be now read a second time’. Paper copies are then available and the version is released on Parliament’s web page. The wording ‘Introduction Print’ appears at the top of the explanatory memorandum.

[2]

The circulation print is prepared as soon as the Minister has moved that the bill be ‘read now a second time’. It is exactly the same as the Introduction print except for the different name and that the date, and House, of introduction is printed on the first page of the text of the bill. The Circulation print is not released on the internet, given the minor difference between it and the Introduction print.

[3]

An example of the date of introduction, shown at the top of the first page after the Table of Provisions.

[4]

An As Sent print is needed when the bill is amended by the first House. The amendments are taken into the original bill and it is reprinted for use by the second House. ‘As Sent’ literally means ‘as sent to the second House’ and should not be confused with ‘assent’ which is the final stage of a bill becoming an Act. The As Sent version also appears on Parliament’s web site.

[5]

The date the bill was amended is shown on the first page after the Table of Provisions.

A BILL

to amend the Magistrates’ Court Act 1989, the Crimes Act 1958 and
the Evidence Act 1958 and for other purposes. [1]

……………

A BILL

to provide for the lawful conduct of public lotteries, including football
pools and competitions, to repeal the Tattersall Consultations Act
1958, to entitle the promoter under that Act to a public lottery licence
for consultations and soccer football pools, to make consequential
amendments to other Acts and for other purposes. [1]

[1]

These are both examples of long titles which appear on the first page of the text of the bill after the Table of Provisions. The long title is a brief summary of the scope of the bill. When formally introducing a bill, at which stage it is still confidential, the sponsoring Minister will refer to it by its long title.

[1]

The examples shown are the short titles for the two bills set out in Example D. The short title appears immediately after the long title and is the most convenient way of referring to the bill and the ultimate Act. Prior to September 1985 the short titles were included in one of the initial clauses in the bill, now they all appear after the long title.

[1]

A preamble is an optional preliminary statement in a bill and is only occasionally used. Its function is to give reasons for the legislation and to clarify its scope. For example, a preamble could confirm that the purpose of the bill is to give effect to an agreement that has already been made or to authorise the making of such an agreement.

It is much less detailed than an explanatory memorandum but, unlike the memorandum, it is regarded as being formally part of the bill. It can be used as an aid to interpretation of the eventual Act when the meaning of provisions in it are found not to be clear. When used, it appears immediately after the short title.

28. Attendance for jury service [1]

1. A person shall not be compelled to attend for jury service for more than 5 consecutive court days unless— [2]

1. on the last of those days, the trial in which the person is serving as juror has not concluded; or [3]
2. in special circumstances, the court otherwise orders.

2. A person— [4]

1. who does not attend for jury service when summoned; or
2. whose jury service is deferred or cancelled under section 17—

  remains liable for jury service.

[1]

Bills are divided into numbered clauses allowing for convenient reference. Clauses are numbered consecutively throughout the whole bill, this example showing clause 28. They may be grouped into Chapters, Parts, Divisions and Sub-divisions. Each clause has a title which, for bills passed from 1 January 2001, is regarded formally as part of the ultimate Act. On enactment clauses become known as sections.

[2]

Clauses may be divided into sub-clauses, sub-clause 1 being shown here. On enactment this will be known as a sub-section.

[3]

Sub-sections can be divided into sub-paragraphs, this terminology does not differ between a bill and an Act.

[4]

Sub-clauses too are numbered consecutively.

(3) In section 56A(2) of the Principal Act— [1]

 (a) in paragraph (c), omit "or on a proceeding held under an order made on such an application"; [2]

 (b) at the end of paragraph (c) insert— [3]

           "; and

(c) may attend a proceeding held under an order made under sub-section (1) and, if the Court determines there are exceptional circumstances, may address the Court on the proceeding personally or through a legal practitioner representing him or her.".

(4) In section 56A(3) of the Principal Act—

             (a) for "An" substitute "Notice in the form prescribed by the Rules of an"; [4]

(b) after "served" insert "on the defendant and". [3]

[1]

This identifies the location in the Principal Act of the amendment to be made.

[2]

Words may be omitted. All such words are enclosed in quotation marks.

[3]

Text may also be inserted. Anything from an additional word to complete sections or even Parts may be added. Again quotation marks are used.

[4]

Wording may be substituted. In such a case existing text is deleted and replaced with new wording. Both the wording to be substituted and the text replacing it appear in quotation marks.

1. Purpose [1]

The purpose of this Act is to provide for the operation and administration of a system of trial by jury that—

(a) equitably spreads the obligation of jury service amongst the community; and

(b) makes juries more representative of the community; and

(c) permits the timely adoption of new technologies for the selection of persons for jury service.

[1]

Clause 1 of all bills drafted since September 1985 has been the purpose provision. This is a statement of what Parliament considers are the purposes it seeks to achieve by passing the bill. It can help with the interpretation of the eventual Act passed. If a section of an Act is found to be ambiguous, it may assist to review what Parliament considered the Act’s purposes to be.

2. Commencement [1]

(1)   Section 1 and this section and Part 12 come into operation on the day after the day on which this Act receives the Royal Assent. [2]

(2)   Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. [3]

(3)   If a provision referred to in sub-section (2) does not come into operation before 1 January 2001, it comes into operation on that day.  [4]

[1]

Since September 1985, it has been usual for clause 2 of the bill to be the commencement clause. This sets out details of when the Act will commence. Even though an Act is new law at the date of royal assent, that does not mean that all its provisions will have come into effect at that time. Normally they will be operative at a later date, commonly different sections of the bill coming into operation at different times. If no date is fixed or there is no commencement clause, the Act will come into operation at the start of the 28th day after the date on which it receives royal assent.

[2]

A bill will often state that the commencement clause comes into operation at royal assent (normally specified as the day after it receives royal assent). In this particular example it also states that Part 12 will come into operation on that day.

[3]

Provisions will often not come into effect until they are proclaimed. Proclamations are made by the Governor, specifying the date or dates of operation, and are published in the Government Gazette (available on line at www.gazette.vic.gov.au/gazette). A number of proclamations may be given over a period of time for just one Act, with different sections commencing at different times.

[4]

In recent years bills have contained an automatic commencement date which will come into effect if there has been no earlier proclamation. In this example that date is 1 January 2001.

3. Definitions [1]

(1) In this Act—

"circuit town" means a place, other than Melbourne, at which sittings of the Supreme Court or County Court are held;

"civil trial" means trial of an issue or assessment of damages before a court sitting in the exercise of a jurisdiction other than a criminal jurisdiction;

"court" means the Supreme Court or County Court;

[1]

If any specific definitions are required in a Principal Act they are usually found in clause 3 in alphabetical order. The word or term being defined is printed in bold. If, in the future, additional definitions are added by an amending Act, they will be inserted in alphabetical order too. It is often important to have formal definitions so as to avoid disputes over meanings and to save unnecessary repetition.

[1]

Side notes, sometimes known as historical or marginal notes, give information about the history of an existing Act which is mentioned. Here the history relates to the Magistrates’ Court Act 1989. The side note confirms that the Act was reprinted in July 1999 (a reprint being necessary to reflect amendments made) and then lists the amending Acts applicable since the reprint. Since 1986, when a bill is enacted it is given a unique number by reference to the year such as 35/2000, literally Act No 35 of 2000. Prior to 1986 Acts were numbered sequentially. Finally, Parliament’s web site is referred to as Acts are available on this site.

In an Act side notes are used to give the history of legislative changes to individual sections.

285. Consequential amendments

An Act specified in the heading to an item in Schedule 1 is amended as set out in that item. [1]

SCHEDULES [2]

SCHEDULE 1 [2]

Section 285 [3]

CONSEQUENTIAL AMENDMENTS

1. Co-operatives Act 1996

1.1 Section 33 is repealed.

1.2 In sections 335(4), 386(4) and 386(5) omit "to stamp duty or".

2. Hire-Purchase Act 1959

2.1 In section 2(1), in the definition of "rental business duty", for "section 131AC of the Stamps Act 1958" substitute "Chapter 6 of the Duties Act 2000".

[1]

Schedules attached to bills must have a clause which applies to them. The schedule is dependent on that clause and, if the clause is removed, the schedule cannot be considered. This example shows a reference to a schedule which lists a number of consequential amendments of existing Acts.

[2]

Schedules appear after all the clauses, under the main heading ‘Schedules’ and are then numbered if more than one. Certain matters are more suitably set out in this form rather than in the main text of the bill. Common examples are the specification of rules which may be adopted and the setting out of maps, forms and scales of fees.

[3]

The activating clause is referred to at the top of the text for ease of reference.

ENDNOTES [1]

¹ The index attached to this Act does not form part of this Act and is provided for convenience of reference only.

² S. 28(2): The rate of duty chargeable on dutiable transactions in respect of marketable securities is dealt with in section 29. Concessional rates of duty chargeable on certain dutiable transactions are dealt with in Part 5 of this Chapter.

³ S. 35(1): Transfers of marketable securities to or from trustees or nominees are dealt with in section 67.

[1]

Endnotes are more common in Acts than bills but are used on occasions to give further relevant information. This is particularly the case in complicated bills. In Acts endnotes also include details such as the date of the second reading speeches in both Houses and the long title, that title not being printed in Acts.

[1]

An index is not regarded as being formally part of a bill but is another useful tool in searching for a particular subject matter. Entries are by references to sections. Indexes are normally included in larger bills, other than those that are purely amending bills.

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03 9651 8563

Fax:

03 9651 7245

Email:

assembly@parliament.vic.gov.au