Legislation Act 2001

This section applies for the purpose of amending a law.

The heading to a chapter, part, division, subdivision, schedule, dictionary, section or any other provision of the law forms part of the provision to which it is a heading.

An example at the end of a provision of the law is part of the provision unless the example is expressed in a way that indicates that it applies only to another provision.

A note at the end of a provision of the law is taken, for this section, to be part of the provision unless the note is expressed in a way that indicates that it applies only to another provision.

However, a note in a law is not, for any other purpose, part of the law.

Section 127 (Material that is not part of Act or statutory instrument) deals with the status of notes.

A penalty at the end of a subsection of the law—

is part of the subsection unless the penalty is expressed in a way that indicates that it applies only to other subsections of the section; or

if the penalty is expressed in a way that indicates that it applies only to other subsections—is part of the section.

A penalty at the end of a section of the law that is not divided into subsections is part of the section.

The word ‘and’, ‘or’ or ‘but’, or a similar word, at the end of a paragraph, subparagraph, sub-subparagraph or another provision of the law is part of the provision.

In working out whether an example or note is at the end of a provision of the law, any penalty is to be disregarded, and, for an example, any note is to be disregarded.

According to current legislative drafting practice, examples, notes and penalties to a provision are arranged in the following order at the end of provisions:

In applying this section to a law that is divided otherwise than into sections, a reference to a section or subsection is a reference to a corresponding provision of the law.

This section is a determinative provision.

See s 5 for the meaning of determinative provisions, and s 6 for their displacement.