(1) If the SEC is a body corporate in which shares have been issued, a transfer of shares in the SEC that results in the State or a Minister on behalf of the State not complying with section 104(2)(a)(i) is void.
(2) A payment of a dividend or a distribution of profits that contravenes section 106(a)(ii) or (b) is void.
(3) A contract or arrangement entered into, or deed executed, by the SEC that results in the SEC contravening section 106(c) is void.
Pt 10 (Heading and s. 108) inserted by No. 36/2024 s. 5.
Part X—General
S. 108 inserted by No. 36/2024 s. 5.
108 Corporations Act displacement
Sections 104 to 107 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the Corporations legislation.
Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
Schedules
Sch. 1 amended by No. 9863 s. 2, repealed by No. 24/1996 s. 34(c).
S. 23.
Sch. 2 substituted by No. 108/1994 s. 6(2), amended by Nos 69/2009 s. 54(Sch. Pt 2 item 11.2), 6/2018 s. 64.
I swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty and Her Majesty's heirs and successors according to law.
Affirmation
I do solemnly and sincerely affirm that I will be faithful and bear true allegiance to Her Majesty and Her Majesty's heirs and successors according to law.
[If circumstances so require, His Majesty is to be substituted for Her Majesty.]
Note<br>For the forms of administering oaths and affirmations, see Part 2 of the Oaths and Affirmations Act 2018.
Sch. 3 inserted by No. 46/1998
Schedule 3—Oath of office
I (name of deponent) swear by almighty God that as (name of office) in the State of Victoria, I will at all times and in all things discharge the duties of () according to law and to the best of my knowledge and ability without fear, favour or affection.
name of office
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.
The Constitution Act 1975 was reserved for the Royal Assent on 20 May 1975 and assented to on 22 October 1975. Proclamation of the Royal Assent was published in the Victoria Government Gazette on 19 November 1975 and the Act came into operation on 1 December 1975: Government Gazette 26 November 1975 page 3888.
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 Constitution Act 1975 by Acts and subordinate instruments.
| Assent Date: | 1.9.82 (reserved for Royal Assent on 16.6.82) |
| Commencement Date: | 1.9.82 |
Education Service (Amendment) Act 1982, No. 9788/1982
| Assent Date: | 9.11.82 |
| Commencement Date: | All of Act (except ss 3, 4, 13, 15) on 9.11.82: s. 1(2); s. 3 on 24.3.82: s. 3(2); s. 4 on 24.3.82: s. 4(2); s. 13 on 24.3.82: s. 13(5); s. 15 on 24.3.82: s. 15(3) |
Judges Salaries Act 1982, No. 9813/1982
| Assent Date: | 14.12.82 |
| Commencement Date: | Ss 2, 4 on 14.11.82: s. 1(2); rest of Act on 1.1.83: s. 1(2) |
Constitution (Qualification of Electors) Act 1982, No. 9826/1982
| Assent Date: | 21.12.82 |
| Commencement Date: | 26.1.84: Government Gazette 16.11.83 p. 3679 |
Statute Law Revision (Repeals) Act 1982, No. 9863/1982
The Constitution Act Amendment (Electoral Legislation) Act 1984, No. 10146/1984
| Assent Date: | 13.11.84 |
| Commencement Date: | S. 7 on 22.11.84: Government Gazette 21.11.84 p. 4104; ss 4, 5 on 1.1.85: Government Gazette 5.12.84 p. 4265 |
Registration of Births Deaths and Marriages (Amendment) Act 1985, No. 10244/1985
| Assent Date: | 10.12.85 |
| Commencement Date: | 31.10.86: Government Gazette 29.10.86 p. 4114 |
Constitution (Governor's Salary and Pension) Act 1985, No. 1/1986
| Assent Date: | 22.4.86 |
| Commencement Date: | Ss 1–11, 13–27, 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701 |
| Assent Date: | 14.6.89 |
| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |
Education (Amendment) Act 1990, No. 2/1990
| Assent Date: | 27.3.90 |
| Commencement Date: | Ss 1–3, 7, 9 on 27.3.90: s. 2(2); rest of Act on 4.4.90: Government Gazette 4.4.90 p. 1007 |
Courts (Amendment) Act 1990, No. 64/1990
| Assent Date: | 20.11.90 |
| Commencement Date: | S. 19 on 20.9.89: s. 2(2); rest of Act (except ss 13, 14) on 1.1.91: Government Gazette 19.12.90 p. 3750; s. 13 on 1.6.91: Government Gazette 15.5.91 p. 1274; s. 14 on 18.11.91: Government Gazette 13.11.91 p. 3083 |
Constitution (Jurisdiction of Supreme Court) Act 1991, No. 35/1991
| Assent Date: | 18.6.91 |
| Commencement Date: | S. 6 on 1.7.89: s. 2(1); rest of Act on 18.6.91: s. 2(2) |
Courts (Case Transfer) Act 1991, No. 43/1991
| Assent Date: | 18.6.91 |
| Commencement Date: | S. 2, Pt 9 (ss 39–41) on 1.8.91; rest of Act on 1.10.91: Government Gazette 17.7.91 p. 1930 |
| Assent Date: | 19.11.92 |
| Commencement Date: | Ss 1–3 on 19.11.92: s. 2(2); ss 26, 49 on 1.7.93: s. 2(3); s. 63(2) on 29.10.92: s. 2(4); rest of Act (except s. 36(1)) on 1.12.92: s. 2(1); s. 36(1) was never proclaimed, repealed by s. 111(1)(a) of No. 50/1993; s. 42 repealed by No. 50/1993 s. 111(1)(b) |
| Assent Date: | 24.11.92 |
| Commencement Date: | 5.00 a.m. Greenwich Mean Time on 3.3.86: same day and time as the Australia Act 1986 of the Commonwealth All of Act on same day and time as the Australia Act 1986 of the Commonwealth—see 1986 Commonwealth Gazette No. s. 85 p. 1. |
Financial Management Act 1994, No. 18/1994
| Assent Date: | 10.5.94 |
| Commencement Date: | S. 66(Sch. 2 item 3) on 1.7.94: s. 2(2) |
Public Prosecutions Act 1994, No. 43/1994
| Assent Date: | 7.6.94 |
| Commencement Date: | Pt 1 (ss 1–3) on 7.6.94: s. 2(2); rest of Act on 1.7.94: s. 2(3) |
| Assent Date: | 15.6.94 |
| Commencement Date: | S. 65(2) on 15.6.94: s. 2(1) |
Constitution (Amendment) Act 1994, No. 108/1994
| Assent Date: | 20.12.94 |
| Commencement Date: | All of Act (except s. 11) on 20.12.94: s. 2(1); s. 11 immediately after the commencement of the Australia Act 1986 of the Commonwealth, 5.00 a.m. Greenwich Mean Time on 3.3.86 |
Constitution (Court of Appeal) Act 1994, No. 109/1994 (as amended by No. 22/1995)
| Assent Date: | 20.12.94 |
| Commencement Date: | Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 |
Courts (General Amendment) Act 1995, No. 9/1995
| Assent Date: | 26.4.95 |
| Commencement Date: | S. 7(1)–(4) on 27.4.95: Government Gazette 27.4.95 p. 973 |
| Assent Date: | 16.5.95 |
| Commencement Date: | S. 18 on 18.5.95: Government Gazette 18.5.95 p. 1179; ss 16, 17, 19 on 28.9.95: Government Gazette 28.9.95 p. 2731 |
Public Prosecutions (Amendment) Act 1995, No. 36/1995
S. 1: Section 9 of the Constitution (Amendment) Act 1994, No. 108/1994 reads as follows:
9 Transitional
Anything done or purporting to have been done after the Australia Act 1986 of the Commonwealth came into operation and before the commencement of Part 2 of this Act is valid to the extent that—
(a) it was valid when done or purported to be done; or
(b) it would have been valid if, when done or purported to be done, the Principal Act had been in operation as amended by Part 2 of this Act. ↑
S. 3(1): Now see Imperial Acts Application Act 1980, No. 9426/1980. ↑
S. 6: Sections 7, 8 of the Constitution (Amendment) Act 1994, No. 108/1994 read as follows:
7 Letters Patent and Instructions cease to have effect
(1) The Letters Patent dated 29 October 1900, as amended, and the Letters Patent dated 14 February 1986, relating to the office of Governor of the State and all Instructions to the Governor cease to have effect on the commencement of this section.
(2) Despite subsection (1), anything done or purporting to have been done before the commencement of this section pursuant to the terms of the Letters Patent or Instructions is, and continues to be, as valid and effective as if, at all relevant times, the Letters Patent and Instructions were valid and effective in all respects.
8 Continuation of existing Commissions, appointments etc.
(1) Any existing Commission or appointment given or made pursuant to Letters Patent or pursuant to Instructions referred to in section 7 continues in force until revoked or terminated.
(2) A person who holds office under any such Commission or appointment as—
(a) the Governor;
(b) the Lieutenant-Governor;
(c) the Administrator;
(d) a Minister;
(e) a member of the Executive Council—
is deemed, on the commencement of this section, to have been appointed to that office under the Principal Act.
(3) This Act does not affect anything done under any such Commission or appointment.
(4) A person holding office under any such Commission or appointment is deemed to have taken the Oaths or Affirmations required by law before acting in that office.
(5) Any oath or affirmation taken, or deemed to have been taken, before the commencement of this section for the purposes of any such Commission or appointment is deemed to have been taken pursuant to the Principal Act.
(6) Subsection (1) does not continue in force a provision of any such Commission or appointment that is inconsistent with any law. ↑
Governor's Deputy's Powers Act 1916, No. 2898/1916 repealed by and consolidated into The Constitution Act Amendment Act 1928, No. 3660 s. 9.
It remained as section 9 in The Constitution Act Amendment Act 1958, No. 6224/1958.
The Constitution Act 1975, No. 8750/1975 repealed section 9 of The Constitution Act Amendment Act 1958, and inserted a similar provision as section 14A of the Acts Interpretation Act 1958, No. 6189/1958.
The Interpretation of Legislation Act 1984, No. 10096/1984 repealed the Acts Interpretation Act 1958, No. 6189/1958 and inserted a provision similar to section 14A as section 12A of the Constitution Act 1975, No. 8750/1975.
Section 12A was substituted by section 3 of the Constitution (Governor's Powers) Act 1992, No. 70/1992. Section 4 of the Constitution (Governor's Powers) Act 1992, No. 70/1992 reads as follows:
4 Exercise of powers
Any power of the Governor exercised or purporting to have been exercised by a person acting as Governor or Deputy Governor (however described) on or after the commencement of the Australia Act 1986 of the Commonwealth and before the enactment of this Act continues to be, or is to be taken to be, as valid and effective as it would have been if this Act had been in operation when the person exercised, or purported to exercise, the power. ↑
S. 63: Sections 4(2)(3) and 7 of the Constitution and Parliamentary Committees (Amendment) Act 1997, No. 13/1997 read as follows:
4 Amendment of section 63
(2) The enactment or validity of an Act enacted or purporting to have been enacted before the commencement of this section shall not be called in question in any proceeding in any court or tribunal on the ground that the Bill for the Act was a Bill for appropriating any part of the Consolidated Fund or of any duty, rate, tax, rent, return or impost and was originated by the Legislative Assembly before the purpose of the appropriation had been recommended by a message of the Governor to the Legislative Assembly.
(3) Anything done or omitted to be done under the authority or purported authority of an Act to which subsection (2) applies shall not be called in question on the ground referred to in that subsection.
7 Supreme Court—limitation of jurisdiction
It is the intention of section 4 to alter or vary section 85 of the Constitution Act 1975. ↑
S. 74AB (repealed): This section was repealed on 16 August 2001—the day that was the first sitting day of the Legislative Assembly after the day on which the Constitution (Metropolitan Ambulance Service Royal Commission Report) Act 2001, No. 40/2001 (repealed) received the Royal Assent. ↑
S. 75: Section 29 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 reads as follows:
29 Proceedings before Full Court
(1) The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.
(2) If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal. ↑
S. 85(5): See the Constitution (Supreme Court) Act 1989, No. 22/1989 and section 7 of the Constitution (Jurisdiction of Supreme Court)
Act 1991, No. 35/1991. ↑