340Transitional provision—approvals in principle—applications for service approval

340 Transitional provision—approvals in principle—applications for service approval (a) a participating jurisdiction declares that section 49A applies to, and in relation to, that jurisdiction; and (b) before, on or after the commencement day , a person makes an application for a service approval in respect of education and care service premises located in a Part 4 building; and (c) before the commencement day, a permit or approval under a Part 4 planning law or Part 4 building law was issued for the premises. (2) Despite section 49A(2)— (a) the applicant for the service approval is not required to be an approval in principle holder for the premises; and (b) the Regulatory Authority must not refuse to grant a service approval on the ground that the applicant is not an approval in principle holder for the premises. (3) In this Division— ***commencement day***, in relation to a mandatory approval in principle jurisdiction, means the day on which section 49A is declared to come into operation in that jurisdiction. SCHEDULES SCHEDULE 1 Miscellaneous provision relating to interpretation (Section 6) **Part 1 Preliminary** **1 Displacement of Schedule by contrary intention** The application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law. **Part 2 General** **2 Law to be construed not to exceed legislative power of Legislature** (1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction. (2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction— (a) it is a valid provision to the extent to which it is not in excess of the power; and (b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected. (3) This clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law. **3 Every section to be a substantive enactment** Every section of this Law has effect as a substantive enactment without introductory words. **4 Material that is, and is not, part of this Law** (1) The heading to a Part, Division or Subdivision into which this Law is divided is part of this Law. (2) A Schedule to this Law is part of this Law. (3) Punctuation in this Law is part of this Law. (4) A heading to a section or subsection of this Law does not form part of this Law. (5) Notes included in this Law (including footnotes and endnotes) do not form part of this Law. **5 References to particular Acts and to enactments** In this Law— (a) an Act of this jurisdiction may be cited— (ii) by reference to the year in which it was passed and its number; and (b) a Commonwealth Act may be cited— (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act; together with a reference to the Commonwealth; and (c) an Act of another jurisdiction may be cited— (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act; together with a reference to the jurisdiction. **6 References taken to be included in Act or Law citation etc** (1) A reference in this Law to an Act includes a reference to— (a) the Act as originally enacted, and as amended from time to time since its original enactment; and (b) if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—the Act as re-enacted, and as amended from time to time since its re‑enactment. (2) A reference in this Law to a provision of this Law or of an Act includes a reference to— (a) the provision as originally enacted, and as amended from time to time since its original enactment; and (b) if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment. (3) Subclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act. **7 Interpretation best achieving Law's purpose** (1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation. (2) Subclause (1) applies whether or not the purpose is expressly stated in this Law. **8 Use of extrinsic material in interpretation** (1) In this clause— ***extrinsic material*** means relevant material not forming part of this Law, including, for example— (a) material that is set out in the document containing the text of this Law as printed by the Government Printer; and (b) a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and (c) a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and (d) a treaty or other international agreement that is mentioned in this Law; and (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and (f) the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and (g) material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and (h) a document that is declared by this Law to be a relevant document for the purposes of this clause. ***ordinary meaning*** means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law. (2) Subject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation— (a) if the provision is ambiguous or obscure—to provide an interpretation of it; or (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or (c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision. (3) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— (a) the desirability of a provision being interpreted as having its ordinary meaning; and (b) the undesirability of prolonging proceedings without compensating advantage; and (c) other relevant matters. **9 Effect of change of drafting practice and use of examples** If— (a) a provision of this Law expresses an idea in particular words; and (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example— (i) the use of a clearer or simpler style; or (ii) the use of gender-neutral language; the ideas must not be taken to be different merely because different words are used. **10 Use of examples** If this Law includes an example of the operation of a provision— (a) the example is not exhaustive; and (b) the example does not limit, but may extend, the meaning of the provision; and (c) the example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails. **11 Compliance with forms** (1) If a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient. (2) If a form prescribed or approved by or for the purpose of this Law requires— (a) the form to be completed in a specified way; or (b) specified information or documents to be included in, attached to or given with the form; or (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way, the form is not properly completed unless the requirement is complied with. **Part 3 Terms and references** **12 Definitions** (1) In this Law— ***Act*** means an Act of the Legislature of this jurisdiction. ***adult*** means an individual who is 18 or more. ***affidavit***, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise. ***amend*** includes— (a) omit or omit and substitute; or (b) alter or vary; or (c) amend by implication. ***appoint*** includes reappoint. ***Australia*** means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. ***business day*** means a day that is not— (a) a Saturday or Sunday; or (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done. ***calendar month*** means a period starting at the beginning of any day of one of the 12 named months and ending— (a) immediately before the beginning of the corresponding day of the next named month; or (b) if there is no such corresponding day—at the end of the next named month. ***calendar year*** means a period of 12 months beginning on 1 January. ***commencement***, in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation. ***Commonwealth*** means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. ***confer***, in relation to a function, includes impose. ***contravene*** includes fail to comply with. ***country*** includes— (a) a federation; or (b) a state, province or other part of a federation. ***date of assent***, in relation to an Act, means the day on which the Act receives the Royal Assent. ***definition*** means a provision of this Law (however expressed) that— (a) gives a meaning to a word or expression; or (b) limits or extends the meaning of a word or expression. ***document*** includes— (a) any paper or other material on which there is writing; or (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device). ***electronic communication*** means— (a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system. ***estate*** includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity. ***expire*** includes lapse or otherwise cease to have effect. ***external Territory*** means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act. ***fail*** includes refuse. ***financial year*** means a period of 12 months beginning on 1 July. ***foreign country*** means a country (whether or not an independent sovereign State) outside Australia and the external Territories. ***function*** includes a power, authority or duty. ***Gazette*** means the Government Gazette of this jurisdiction. ***gazetted*** means published in the Gazette. ***Gazette notice*** means notice published in the Gazette. ***Government Printer*** means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument. ***individual*** means a natural person. ***information system*** means a system for generating, sending, receiving, storing or otherwise processing electronic communications. ***insert***, in relation to a provision of this Law, includes substitute. ***instrument*** includes a statutory instrument. ***interest***, in relation to land or other property, means— (a) a legal or equitable estate in the land or other property; or (b) a right, power or privilege over, or in relation to, the land or other property. ***internal Territory*** means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory. ***Jervis Bay Territory*** means the Territory mentioned in the *Jervis Bay Territory Acceptance Act 1915* (Cwlth). ***make*** includes issue or grant. ***minor*** means an individual who is under 18. ***modification*** includes addition, omission or substitution. ***month*** means a calendar month. ***named month*** means 1 of the 12 months of the year. ***Northern Territory*** means the Northern Territory of Australia. ***number*** means— (a) a number expressed in figures or words; or (b) a letter; or (c) a combination of a number so expressed and a letter. ***oath***, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise. ***office*** includes position. ***omit***, in relation to a provision of this Law or an Act, includes repeal. ***party*** includes an individual or a body politic or corporate. ***penalty*** includes forfeiture or punishment. ***power*** includes authority. ***prescribed*** means prescribed by, or by regulations made or in force for the purposes of or under, this Law. ***printed*** includes typewritten, lithographed or reproduced by any mechanical means. ***proceeding*** means a legal or other action or proceeding. ***property*** means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action. ***provision***, in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act, and includes— (a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act; or (b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; or (c) the long title and any preamble to the Act. ***record*** includes information stored or recorded by means of a computer. ***repeal*** includes— (a) revoke or rescind; or (b) repeal by implication; or (c) abrogate or limit the effect of this Law or instrument concerned; or (d) exclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance. ***sign*** includes the affixing of a seal or the making of a mark. ***statutory declaration*** means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding. ***statutory instrument*** means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument. ***swear***, in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise. ***word*** includes any symbol, figure or drawing. ***writing*** includes any mode of representing or reproducing words in a visible form. (2) In a statutory instrument— ***the Law*** means this Law. **13 Provisions relating to defined terms and gender and number** (1) If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings. (2) Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires. (3) In this Law, words indicating a gender include each other gender. (4) In this Law— (a) words in the singular include the plural; and (b) words in the plural include the singular. **14 Meaning of "may" and "must" etc** (1) In this Law, the word ***may***, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion. (2) In this Law, the word ***must***, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised. (3) This clause has effect despite any rule of construction to the contrary. **15 Words and expressions used in statutory instruments** (1) Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force. (2) This clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument. **16 Effect of express references to bodies corporate and individuals** In this Law, a reference to a person generally (whether the expression "person", "party", "someone", "anyone", "no-one", "one", "another" or "whoever" or another expression is used)— (a) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and (b) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed). **17 Production of records kept in computers etc** If a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law— (a) to produce the information or a document containing the information to a court, tribunal or person; or (b) to make a document containing the information available for inspection by a court, tribunal or person; then, unless the court, tribunal or person otherwise directs— (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and (d) the production to the court, tribunal or person of the document in that form complies with the requirement. **18 References to this jurisdiction to be implied** In this Law— (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and (b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction. **19 References to officers and holders of offices** In this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned. **20 Reference to certain provisions of Law** If a provision of this Law refers— (a) to a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or (b) to a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or (c) to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to— (i) the Division, designated by the number, of the Part in which the reference occurs; and (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and (iii) the subsection, designated by the number, of the section in which the reference occurs; and (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs; **21 Reference to provisions of this Law or an Act is inclusive** In this Law, a reference to a portion of this Law or an Act includes— (a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and (b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion. **Example.** A reference to "sections 5 to 9" includes both section 5 and section 9. It is not necessary to refer to "sections 5 to 9 (both inclusive)" to ensure that the reference is given an inclusive interpretation. **Part 4 Functions and powers** **22 Performance of statutory functions** (1) If this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires. (2) If this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned. (3) If this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body. **23 Power to make instrument or decision includes power to amend or repeal** If this Law authorises or requires the making of an instrument or decision— (a) the power includes power to amend or repeal the instrument or decision; and (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision. **24 Matters for which statutory instruments may make provision** (1) If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of— (a) an Act or statutory instrument; or (b) another document (whether of the same or a different kind); as in force at a particular time or as in force from time to time. (2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides. (3) A statutory instrument may— (a) apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or (b) apply generally to all persons, matters or things or be limited in its application to— (i) particular persons, matters or things; or (ii) particular classes of persons, matters or things; or (c) otherwise apply generally or be limited in its application by reference to specified exceptions or factors. (4) A statutory instrument may— (a) apply differently according to different specified factors; or (b) otherwise make different provision in relation to— (i) different persons, matters or things; or (ii) different classes of persons, matters or things. (5) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body. (6) If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter. (7) If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter. (8) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body. (9) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration. **25 Presumption of validity and power to make** (1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary. (2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law. **26 Appointments may be made by name or office** (1) If this Law authorises or requires a person or body— (a) to appoint a person to an office; or (b) to appoint a person or body to exercise a power; or (c) to appoint a person or body to do another thing; the person or body may make the appointment by— (d) appointing a person or body by name; or (e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned. (2) An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned. **27 Acting appointments** (1) If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint— (a) a person by name; or (b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned; to act in the office. (2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment. (3) The appointer may— (a) determine the terms and conditions of the appointment, including remuneration and allowances; and (b) terminate the appointment at any time. (4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer. (5) The appointee must not act for more than 1 year during a vacancy in the office. (6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until— (a) the appointer otherwise directs; or (b) the vacancy is filled; or (c) the end of a year from the day of the vacancy; whichever happens first. (7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer. (8) While the appointee is acting in the office— (a) the appointee has all the powers and functions of the holder of the office; and (b) this Law and other laws apply to the appointee as if the appointee were the holder of the office. (9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) the appointment had ceased to have effect; or (c) the occasion for the person to act had not arisen or had ceased. (10) If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office. **28 Powers of appointment imply certain incidental powers** (1) If this Law authorises or requires a person or body to appoint a person to an office— (a) the power may be exercised from time to time as occasion requires; and (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise). (2) The power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period. (3) The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires. (4) An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. **29 Delegation of functions** (1) If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to— (a) a person or body by name; or (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. (2) The delegation may be— (a) general or limited; and (b) made from time to time; and (c) revoked, wholly or partly, by the delegator. (3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose. (4) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject. (5) The delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function. (6) A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved. (7) A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator. (8) If, when exercised by the delegator, a function is dependent on the delegator's opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate's opinion, belief or state of mind. (9) If— (a) the delegator is a specified officer or the holder of a specified office; and (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office; (c) the delegation continues in force; and Sch. 1 to Sch. cl. 29(9)(d) amended by No. 80/2011 s. 78(a). (d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this clause. (10) If— (a) the delegator is a body; and (b) there is a change in the membership of the body; (c) the delegation continues in force; and Sch. 1 to Sch. cl. 29(10)(d) amended by No. 80/2011 s. 78(b). (d) the body as constituted for the time being is taken to be the delegator for the purposes of this clause. (11) If a function is delegated to a specified officer or the holder of a specified office— (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and (b) the function may be exercised by the person for the time being occupying or acting in the office concerned. (12) A function that has been delegated may, despite the delegation, be exercised by the delegator. (13) The delegation of a function does not relieve the delegator of the delegator's obligation to ensure that the function is properly exercised. Sch. 1 to Sch. cl. 29(14) amended by No. 80/2011 s. 78(c). (14) Subject to subclause (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function. (15) If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated. **30 Exercise of powers between enactment and commencement** (1) If a provision of this Law (the ***empowering provision***) that does not commence on its enactment would, had it commenced, confer a power— (a) to make an appointment; or (b) to make a statutory instrument of a legislative or administrative character; or (c) to do another thing; (d) the power may be exercised; and (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences. (2) If a provision of a Victorian Act (the ***empowering provision***) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power— (a) to make an appointment; or (b) to make a statutory instrument of a legislative or administrative character; or (c) to do another thing; (d) the power may be exercised; and (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences. (3) If— (a) this Law has commenced and confers a power to make a statutory instrument (the ***basic instrument-making power***); and (b) a provision of a Victorian Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the ***additional instrument-making power***); (c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and (d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2). (4) If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of— (a) enabling the exercise of a power mentioned in the subclause; or (b) bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— (c) on the making of the instrument; or (d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect. (5) If— (a) an appointment is made under subclause (1) or (2); or (b) an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4); the appointment, instrument or provision takes effect— (c) on the commencement of the relevant empowering provision; or (d) on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect. (6) Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. (7) After the enactment of a provision mentioned in subclause (2) but before the provision's commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision. (8) In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument. **Part 5 Distance, time and age** **31 Matters relating to distance, time and age** (1) In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling. (2) If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and— (a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and (b) in any other case—by including the day on which the purpose is to be fulfilled. (3) If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place. (4) If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open. (5) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens. (6) If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction. (7) For the purposes of this Law, a person attains an age in years at the beginning of the person's birthday for the age. **Part 6 Effect of repeal, amendment or expiration** **32 Time of Law ceasing to have effect** If a provision of this Law is expressed— (a) to expire on a specified day; or (b) to remain or continue in force, or otherwise have effect, until a specified day; this provision has effect until the last moment of the specified day. **33 Repealed Law provisions not revived** If a provision of this Law is repealed or amended by a Victorian Act, or a provision of a Victorian Act, the provision is not revived merely because the Victorian Act or the provision of the Victorian Act— (a) is later repealed or amended; or (b) later expires. **34 Saving of operation of repealed Law provisions** (1) The repeal, amendment or expiry of a provision of this Law does not— (a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or (b) affect the previous operation of the provision or anything suffered, done or begun under the provision; or (c) affect a right, privilege or liability acquired, accrued or incurred under the provision; or (d) affect a penalty incurred in relation to an offence arising under the provision; or (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty. (2) Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired. **35 Continuance of repealed provisions** If a Victorian Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence. **36 Law and amending Acts to be read as one** This Law and all Victorian Acts amending this Law are to be read as one. **Part 7 Instruments under Law** **37 Schedule applies to statutory instruments** (1) This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires. (2) The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law. **Part 8 Application to coastal sea** **38 Application** This Law has effect in and relation to the coastal sea of this jurisdiction as if that coastal sea were part of this jurisdiction. SCHEDULE 2 Powers of Entry by search warrant 1 Application for warrant (1) An authorised officer may apply to a magistrate of a participating jurisdiction for a search warrant in relation to premises if the officer believes on reasonable grounds that— (a) a person is or has been operating an education and care service at the premises in contravention of this Law; or (b) documents or other evidence relevant to the possible commission of an offence against this Law are present at the premises. (2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. 2 Issue of warrant (1) The magistrate may issue the warrant in respect of premises only if the magistrate is satisfied there are reasonable grounds to believe that— (a) a person is operating an education and care service at the premises in contravention of this Law; or (b) documents or other evidence relevant to the possible commission of an offence against this Law are present at the premises. (2) The warrant must state— (a) that a stated authorised officer may, with necessary and reasonable help and force— (i) enter the premises and any other premises necessary for entry; and (ii) exercise the authorised officer's powers under this Schedule; and (b) the matter for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the premises may be entered; and (e) the date, within 14 days after the warrant's issue, the warrant ends. 3 Application by electronic communication (1) An authorised officer may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the authorised officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including the authorised officer's remote location. (2) The application— (a) may not be made before the authorised officer prepares the written application under clause 1(2); but (b) may be made before the written application is sworn. (3) The magistrate may issue the warrant (the ***original warrant***) only if the magistrate is satisfied— (a) it was necessary to make the application under subclause (1); and (b) the way the application was made under subclause (1) was appropriate. (4) After the magistrate issues the original warrant— (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or (b) otherwise— (i) the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised officer must complete a form of warrant including by writing on it— (A) the magistrate's name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant. (5) The copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the ***duplicate warrant***), is a duplicate of, and as effectual as, the original warrant. (6) The authorised officer must, at the first reasonable opportunity, send to the magistrate— (a) the written application complying with clause 1(2) and (3); and (b) if the authorised officer completed a form of warrant under subclause (4)(b), the completed form of warrant. (7) The magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court. (8) Despite subclause (5), if— (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and (b) the original warrant is not produced in evidence— the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (9) This clause does not limit clause 1. 4 Procedure before entry under warrant (1) Before entering premises under a warrant, an authorised officer must do or make a reasonable attempt to do the following— (a) identify himself or herself to a person present at the premises who is an occupier of the premises by producing the authorised officer's identity card; (b) give the person a copy of the warrant; (c) tell the person the authorised officer is permitted by the warrant to enter the premises; (d) give the person an opportunity to allow the authorised officer immediate entry to the premises without using force. (2) However, the authorised officer need not comply with subclause (1) if the authorised officer reasonably believes that immediate entry to the premises is required to ensure the effective execution of the warrant is not frustrated. 5 Powers after entering premises (1) This clause applies if an authorised officer enters premises under clause 4. (2) The authorised officer may for the purposes of the investigation do the following— (b) inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises; (e) take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this Schedule; (f) require the occupier of the premises, or a person at the premises, to give the authorised officer reasonable help to exercise the authorised officer's powers under paragraphs (a) to (e); (g) require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation. 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. *Minister's second reading speech—* *Legislative Assembly: 2 September 2010* *Legislative Council: 12 September 2010* The long title for the Bill for this Act was "A Bill for an Act to provide for a National Law to regulate education and care services for children and for other purposes." The **Education and Care Services National Law Act 2010** was assented to on 12 October 2010 and came into operation as follows: Part 1 (sections 1–3), sections 4, 5, 6, 8, 18 and the Schedule (*except* Parts 2–9, section 229, Part 12, Divisions 1–5 of Part 13, sections 271, 272, 279, 280, Division 3 of Part 14, sections 285–288, 289(3)(4), 290–292, Divisions 5–7 of Part 14, Divisions 1 and 2 of Part 15, sections 322, 323 and Schedule 2 of the National Law set out in the Schedule) on 1 January 2011: Special Gazette (No. 502) 20 December 2010 pages 1, 2. Sections 7, 9–16, 17, 19 and the remaining provisions of the Schedule (*except* sections 70(d), 152, 153(2)–(4), 154–159, Division 6 of Part 5, sections 172(d), 266–268 and 270(1)(d), (2), (3) and (4) of the National Law set out in the Schedule) on 1 January 2012: Special Gazette (No. 423) 21 December 2011 page 1. Sections 70(d), 152, 153(2)–(4), 154–159, Division 6 of Part 5, sections 172(d), 266–268 and 270(1)(d), (2), (3) and (4) of the National Law set out in the Schedule on 1 May 2013: Special Gazette (No. 156) 23 April 2013 page 1. 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 **Education and Care Services National Law Act 2010** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Education and Care Services National Law Act 2010, No. 69/2010** | Assent Date: | 12.10.10 | | Commencement Date: | S. 18(5) on 1.11.11: Special Gazette (No. 502) 20.12.10 pp 1, 2; Sch. ss 330(2), 331(2) inserted on 1.10.17 by No. 9/2017: Special Gazette (No. 303) 12.9.17 p. 1 | | Note: | S. 18(5) repealed s. 18 on 31.12.12; Sch. s. 330(2) provided that Sch. s. 330 expired on 31.12.21; Sch. s. 331(2) provided that Sch. s. 331 expired on 31.12.21 | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Children's Services Amendment Act 2011, No. 80/2011** | Assent Date: | 21.12.11 | | Commencement Date: | Ss 60–78 on 22.12.11: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Fines Reform Act 2014, No. 47/2014** | *Assent Date:* | 1.7.14 | | *Commencement Date:* | S. 263 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Privacy and Data Protection Act 2014, No. 60/2014** | Assent Date: | 2.9.14 | | Commencement Date: | S. 140(Sch. 3 item 14) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Education and Care Services National Law Amendment Act 2017, No. 9/2017** | Assent Date: | 27.3.17 | | Commencement Date: | Ss 4−29, 32–67 on 1.10.17: Special Gazette (No. 303) 12.9.17 p. 1; ss 30, 31, 68 on 1.2.18: Special Gazette (No. 303) 12.9.17 p. 1 | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017** | Assent Date: | 16.5.17 | | Commencement Date: | S. 134(Sch. 1 item 7) on 1.9.17: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Worker Screening Act 2020, No. 34/2020** | Assent Date: | 4.11.20 | | Commencement Date: | S. 206 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022** | Assent Date: | 29.3.22 | | *Commencement Date:* | Ss 6–14, 63 on 30.3.22: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Early Childhood Legislation Amendment Act 2022, No. 43/2022** | Assent Date: | 27.9.22 | | Commencement Date: | S. 99 on 28.9.22: s. 2(1); ss 3–6 on 1.1.23: s. 2(2); ss 15–21, 34, 38 on 1.7.23: Special Gazette (No. 253) 23.5.23 p. 1; ss 22–33, 35–37, 52–98 on 1.10.23: s. 2(4) | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Early Childhood Legislation Amendment (Premises Approval in Principle) Act 2023, No. 33/2023** | Assent Date: | 21.11.23 | | Commencement Date: | Ss 3−10 on 22.11.23: s. 2(1); ss 11, 12 on 1.10.24: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Victorian Early Childhood Regulatory Authority Act 2025, No. 49/2025** | Assent Date: | 25.11.25 | | Commencement Date: | Ss 55–58 on 1.1.26: Special Gazette (No. 672) 2.12.25 p. 1 | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Early Childhood Legislation Amendment (Child Safety) Act 2025, No. 53/2025** | Assent Date: | 9.12.25 | | Commencement Date: | Ss 3–12, 110, 124 on 10.12.25: s. 2(1); ss 13–60, 111–115 on 2.1.26: s. 2(2); ss 61–109, 116–123 on 27.2.26: s. 2(4) | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025** | Assent Date: | 16.12.25 | | Commencement Date: | Ss 60, 61 on 23.2.26: Special Gazette (No. 50) 3.2.26 p. 1 | | Current State: | This information relates only to the provision/s amending the **Education and Care Services National Law Act 2010** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.