Port Management Act 1995

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Minister's second reading speech—

Legislative Assembly: 5 October 1995

Legislative Council: 31 October 1995

The long title for the Bill for this Act was "A Bill to make further provision relating to ports, to amend the Port of Melbourne Authority Act 1958, the Port of Geelong Authority Act 1958, the Port of Portland Authority Act 1958, the Marine Act 1988 and certain other Acts and for other purposes.".

The Port Services Act 1995 was assented to on 28 November 1995 and came into operation as follows:

Part 1 (sections 1–9), section 189(7)(8) on 28 November 1995: section 2(1); sections 93, 96, 97, 99, 101–103, 105–125, 126(1)(3), 127–134, 135(2)(3)(16)(18)–(20), 136(2), 137–143, 144(7)(12)(14)(15), 145(2),

146–151, 152(14)(16)(17), 153(1), 169, 194–207, Schedule 1 on 14 December 1995: Government Gazette 14 December 1995 page 3488—see Interpretation of Legislation Act 1984; sections 18–63, 68–73, 75, 78–82, 94, 95, 104, 152(9), 155–165, 170–180 on 1 January 1996: Government Gazette 14 December 1995 page 3488; sections 10–13, 17 on 1 February 1996 Government Gazette 18 January 1996 page 93; sections 166–168 on 6 February 1996: Special Gazette (No. 6) 6 February 1996 page 1; sections 14–16, 64–67, 74, 76, 77, 83–92, 98, 100, 126(2), 135(1)(4)(6)(8)(10)(11)(14)(15), 144(2)(9)(11), 153(2), 154, 181–188, 189(1)–(6), 190–193 on 1 March 1996: Special Gazette (No. 14) 27 February 1996 page 1; sections 136(1), 144(1)(4)(6)(10) on 1 July 1996: Special Gazette (No. 58) 28 May 1996 page 1; sections 145(1), 152(1)(4)–(7)

Sections 126(4), 135(5)(7)(17), 136(3), 144(3)(5)(13), 145(3), 152(2)(3)(15) never proclaimed, repealed by section 9(3) of No. 63/1997.

The title of this Act was changed from the Port Services Act 1995 to the Port Management Act 1995 by section 24 of the Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010.

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).