36Headings, Schedules, marginal notes and footnotes

36 Headings, Schedules, marginal notes and footnotes

(1) Headings to—

S. 36(1)(a) amended by No. 60/2000 s. 7(1).

(a) Chapters, Parts, Divisions or Subdivisions into which an Act or subordinate instrument is divided; or

(b) Schedules to an Act or subordinate instrument—

form part of the Act or subordinate instrument.

S. 36(1A) inserted by No. 60/2000 s. 7(2).

(1A) Headings to Parts, Divisions or Subdivisions into which a Schedule to an Act or subordinate instrument is divided form part of the Act or subordinate instrument if—

(b) the heading is inserted into an Act passed, or subordinate instrument made, before 1 January 2001 by an Act passed, or subordinate instrument made, on or after that date.

(2) A Schedule to an Act or subordinate instrument forms part of the Act or subordinate instrument.

S. 36(2A) inserted by No. 60/2000 s. 7(3).

(2A) Headings to—

(a) sections, clauses, regulations, rules or items into which an Act or subordinate instrument, or a Schedule to an Act or subordinate instrument, is divided; or

(b) tables, columns, examples, diagrams, notes (being notes at the foot of provisions and not marginal notes, footnotes or endnotes) or forms in an Act or subordinate instrument—

form part of the Act or subordinate instrument if—

(c) the Act is passed, or the subordinate instrument is made, on or after 1 January 2001; or

(d) the heading is inserted into an Act passed, or subordinate instrument made, before 1 January 2001 by an Act passed, or subordinate instrument made, on or after that date.

S. 36(2B) inserted by No. 61/2004 s. 4.

(2B) Headings to—

(a) Orders into which a subordinate instrument containing rules or orders regulating the practice and procedure of a court or tribunal is divided; or

(b) Parts into which an Order referred to in paragraph (a) is divided—

form part of the subordinate instrument if—

(c) the subordinate instrument is made on or after 1 January 2001; or

(d) the heading is inserted into a subordinate instrument made before 1 January 2001 by a subordinate instrument made on or after that date.

S. 36(3) amended by No. 60/2000 s. 7(4)(a)(b).

(3) No marginal note, footnote or endnote in an Act or subordinate instrument and no heading to a provision of an Act or subordinate instrument (not being a heading that forms part of the Act or subordinate instrument by force of subsection (1), (1A) or (2A)) shall be taken to form part of the Act or subordinate instrument.