103Transitional provision—small estates—Justice Legislation Amendment (Succession and Surrogacy) Act 2014

103 Transitional provision—small estates—Justice Legislation Amendment (Succession and Surrogacy) Act 2014 (1) Despite the repeal of section 32 by the **Justice** **Legislation Amendment (Succession and Surrogacy) Act 2014**, section 32, as in force immediately before its repeal continues to apply to the estate of a deceased person who died before the repeal. (2) Despite the repeal of section 33 by the **Justice** **Legislation Amendment (Succession and Surrogacy) Act 2014**, section 33, as in force immediately before its repeal, continues to apply to the estate of a deceased person who died before the repeal. (3) Despite the amendment of section 71 by the **Justice** **Legislation Amendment (Succession and Surrogacy) Act 2014**, section 71, as in force immediately before its amendment, continues to apply to an application made under that section before that amendment as if the amendment had not been made. (4) Despite the amendment of section 74 by the **Justice** **Legislation Amendment (Succession and Surrogacy) Act 2014**, section 74, as in force immediately before its amendment, continues to apply to an application made under section 71 before that amendment as if the amendment had not been made. (5) Despite the amendment of section 79 by the **Justice** **Legislation Amendment (Succession and Surrogacy) Act 2014**, section 79, as in force immediately before its amendment, continues to apply to the administration of an estate commenced under that section before that amendment as if the amendment had not been made. New s. 104 inserted by No. 80/2014 s. 26. 104 Power to resolve transitional difficulties in proceeding—Justice Legislation Amendment (Succession and Surrogacy) Act 2014 (1) If any difficulty arises because of the operation of the **Justice** **Legislation Amendment (Succession and Surrogacy) Act 2014** in relation to an application or a proceeding under this Act, the Court may make any order it considers appropriate to resolve the difficulty. (2) An order made under subsection (1)— (a) may be made on application of a party to the application or proceeding or on the Court's own motion; and (b) has effect despite any provision to the contrary made by or under any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**). New s. 105 inserted by No. 80/2014 s. 26, repealed by No. 6191/1958 s. 105(4). New s. 106 inserted by No. 41/2017 s. 19. 106 Transitional provisions—Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 (1) The amendments made to this Act by the **Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017** apply in respect of the estate of any person who dies on or after the commencement of the applicable amendment to this Act. (2) Despite subsection (1), sections 65B, 65C and 65D only apply to a will executed on or after the commencement of those sections. New s. 107 inserted by No. 41/2017 s. 19. 107 Power to resolve transitional difficulties in proceeding—Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 (1) If any difficulty arises because of the operation of the **Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017** in relation to an application or aproceeding under this Act, the Court may make any order it considers appropriate to resolve the difficulty. (2) An order made under subsection (1)— (a) may be made on application of a party to the application or proceeding or on the Court's own motion; and (b) has effect despite any provision to the contrary made by or under any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**). New s. 108 inserted by No. 41/2017 s. 19, repealed by No. 6191/1958 s. 108(4). Pt 5 (Heading and ss 100–137) amended by No. 6640 s. 2(g)–(i), repealed by No. 6890 s. 3(1), new Pt 5 (Heading and ss 100, 101) inserted by No. 9044 s. 3(b), amended by Nos 16/1986 s. 17(b), 110/1986 s. 140(2), repealed by No. 88/1997 s. 61 (as amended by No. 43/1998 Schedules Sch. 1 repealed by No. 10/1994 s. 13(a), new Sch. 1 inserted by No. 15/2000 s. 6. First Schedule—Dust-related conditions Aluminosis Asbestosis Asbestos induced carcinoma Asbestos related pleural diseases Bagossosis Berylliosis Byssinosis Coal dust pneumoconiosis Farmers' lung Hard metal pneumoconiosis Mesothelioma Silicosis Silico-tuberculosis Talcosis Sch. 2 repealed by No. 80/2014 s. 13. Sch. 3 substituted by No. 6478 s. 5 (as amended by No. 6489 s. 4(Sch. item 31(e))), repealed by No. 6890 s. 3(1). Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. The **Administration and Probate 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).