38Definitions

38 Definitions In all Acts and subordinate instruments, unless the contrary intention appears— ***Act*** means an Act passed by the Parliament of Victoria; S. 38 def. of *ADI* inserted by No. 13/2006 s. 9. ***ADI*** means authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; S. 38 def. of *approved alternative publication Internet site* inserted by No. 13/2022 s. 37. ***approved alternative publication Internet site*** means an Internet site approved under section 38N; S. 38 def. of *Attorney-General* inserted by No. 13/2006 s. 9. ***Attorney-General*** means Attorney-General of Victoria; S. 38 def. of *audio link* inserted by No. 11/2021 s. 195. ***audio link*** has the meaning given by Part IIA of the **Evidence (Miscellaneous Provisions) Act 1958**; S. 38 def. of *audio visual link* inserted by No. 11/2021 s. 195. ***audio visual link*** has the meaning given by Part IIA of the **Evidence (Miscellaneous Provisions) Act 1958**; S. 38 def. of *Australia* inserted by No. 60/2000 s. 9. ***Australia***, when used in a geographical sense, includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory; S. 38 def. of *Australian lawyer* inserted by No. 17/2014 (as amended by No. 8/2015). ***Australian lawyer*** has the same meaning as it has in the Legal Profession Uniform Law (Victoria); S. 38 def. of *Australian legal practitioner* inserted by No. 17/2014 (as amended by No. 8/2015). ***Australian legal practitioner*** means— (a) an Australian legal practitioner within the meaning of the Legal Profession Uniform Law (Victoria); or (b) a non-participant legal practitioner within the meaning of Schedule 3 to the Legal Profession Uniform Law (Victoria); S. 38 def. of *Children's Court* inserted by No. 56/1989 s. 286(Sch. 2 item 10), repealed by 29/2006 s. 3(Sch. 1 item 15.1). *** * * * *** S. 38 def. of *bail justice* inserted by No. 51/1989 s. 146(a)(i), substituted by No. 35/2002 s. 25(3), amended by No. 70/2010 s. 39, substituted by No. 32/2014 s. 57. ***bail justice*** means— (a) a person appointed as a bail justice under section 14 of the **Honorary Justices Act 2014**; or (b) a person re-appointed as a bail justice under section 15 of the **Honorary Justices Act 2014**; or (c) a person who is a bail justice by virtue of holding a prescribed office under section 18 of the **Honorary Justices Act 2014**; S. 38 def. of *Central Plan Office* inserted by No. 53/2017 s. 14. ***Central Plan Office*** means the Central Plan Office maintained under section 4 of the **Survey Co-ordination Act 1958**; S. 38 def. of *Chief Commis-sioner of Police* inserted by No. 55/2025 s. 58. ***Chief Commissioner of Police*** means the person appointed under section 17 of the **Victoria Police Act 2013**; S. 38 def. of *Chief Judge* inserted by No. 13/2006 s. 9. ***Chief Judge*** means Chief Judge of the County Court; S. 38 def. of *Chief Justice* inserted by No. 13/2006 s. 9. ***Chief Justice*** means Chief Justice of the Supreme Court; S. 38 def. of *Chief Magistrate* inserted by No. 13/2006 s. 9. ***Chief Magistrate*** means Chief Magistrate of the Magistrates' Court; S. 38 new def. of *Children's Court* inserted by No. 29/2006 s. 3(Sch. 1 item 15.2). ***Children's Court*** means The Children's Court of Victoria; ***Colonial Secretary*** and ***Chief Secretary*** mean the responsible Minister of the Crown for the time being administering the provision in which, or in respect of which, the expression is used or, if, for the time being, different Ministers are administering that provision in different respects, each of those Ministers to the extent that he or she is administering that provision in the relevant respect; ***commencement***, in relation to an Act or subordinate instrument or a provision of an Act or subordinate instrument, means the time at which the Act or subordinate instrument or provision comes into operation; ***Commonwealth*** means the Commonwealth of Australia; ***Commonwealth Act*** means an Act passed by the Parliament of the Commonwealth; S. 38 def. of *Consolidated Fund* amended by No. 18/1994 s. 66(Sch. 2 item 9). ***Consolidated Fund*** means the Consolidated Fund established under the **Financial Management Act 1994**; ***contravention***, in relation to an Act or subordinate instrument or a provision of an Act or subordinate instrument, includes a failure to comply with the Act or subordinate instrument or provision; S. 38 def. of *coroner* inserted by No. 77/2008 s. 129(Sch. 2 item 13). ***coroner*** has the same meaning as in section 3(1) of the **Coroners Act 2008**; S. 38 def. of *Coroners Court* inserted by No. 77/2008 s. 129(Sch. 2 item 13). ***Coroners Court*** means the Coroners Court of Victoria; S. 38 def. of *Costs Court* inserted by No. 78/2008 s. 24. ***Costs Court*** has the same meaning as it has in the **Supreme Court Act 1986**; S. 38 def. of *Costs Judge* inserted by No. 78/2008 s. 24. ***Costs Judge*** has the same meaning as it has in the **Supreme Court Act 1986**; ***County Court*** means The County Court in and for the State of Victoria; S. 38 def. of *Court of Appeal* inserted by No. 109/1994 s. 31. ***Court of Appeal*** means the division of the Supreme Court called the Court of Appeal[[2]](#endnote-3); S. 38 def. of *Criminal Code of the Common-wealth* inserted by No. 13/2006 s. 9. ***Criminal Code of the Commonwealth*** means the Schedule to the Criminal Code Act 1995 of the Commonwealth; ***Crown*** means the Crown in right of Victoria; S. 38 def. of *Deputy State Coroner* inserted by No. 77/2008 s. 129(Sch. 2 item 13). ***Deputy State Coroner*** means the Deputy State Coroner of the Coroners Court; ***document*** includes, in addition to a document in writing— (a) any book, map, plan, graph or drawing; (b) any photograph; (c) any label, marking or other writing which identifies or describes anything of which it forms part, or to which it is attached by any means whatsoever; (d) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (e) any film (including microfilm), negative, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and (f) anything whatsoever on which is marked any words, figures, letters or symbols which are capable of carrying a definite meaning to persons conversant with them; S. 38 def. of *dual commission holder* inserted by No. 3/2016 s. 59, amended by No. 1/2022 s. 96. ***dual commission holder*** means— (a) in relation to the Chief Judge, a person who concurrently holds both the office of Chief Judge under the **County Court Act 1958** and the office of Judge of the Supreme Court referred to in section 75(3)(d) of the **Constitution Act 1975**; (b) in relation to the Chief Magistrate, a person who concurrently holds both the office of Chief Magistrate under the **Magistrates' Court Act 1989** and the office of Judge of the Supreme Court referred to in section 75(3)(d) of the **Constitution Act 1975**; S. 38 def. of *electronic communi-cation* inserted by No. 13/2006 s. 9. ***electronic communication*** has the same meaning as in the **Electronic Transactions (Victoria) Act 2000**; S. 38 def. of *enactment* inserted by No. 13/2006 s. 9. ***enactment*** means an Act or subordinate instrument or a provision of an Act or subordinate instrument; S. 38 def. of *entity* inserted by No. 13/2006 s. 9. ***entity*** includes a person and an unincorporated body; S. 38 def. of *external Territory* inserted by No. 60/2000 s. 9. ***external Territory*** means a Territory, not being an internal Territory, for the government of which as a Territory provision is made by any Commonwealth Act; S. 38 def. of *Family Court* inserted by No. 13/2006 s. 9. ***Family Court*** means Family Court of Australia; S. 38 def. of *Federal Court* inserted by No. 13/2006 s. 9. ***Federal Court*** means Federal Court of Australia; S. 38 def. of *fee unit* inserted by No. 13/2006 s. 9. ***fee unit*** has the meaning given by section 4 of the **Monetary Units Act 2004**; ***full name*** and ***proper full name***, in relation to a person who has a christian or other given name and a surname, mean the christian or other name given to that person and the surname of that person; ***Government Gazett*e** means the Victoria Government Gazette published by authority; S. 38 def. of *Government Printer* inserted by No. 13/2006 s. 9. ***Government Printer*** means Government Printer for Victoria; See **Constitution Act 1975** section 72. ***Governor*** means the person for the time being administering the Government of Victoria; ***Governor in Council*** means the Governor with the advice of the Executive Council; S. 38 def. of *GST* inserted by No. 55/2025 s. 58. ***GST*** has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; S. 38 def. of *High Court* inserted by No. 13/2006 s. 9. ***High Court*** means High Court of Australia; S. 38 def. of *IBAC* inserted by No. 55/2025 s. 58. ***IBAC*** means the Independent Broad-based Anti-corruption Commission established by section 12 of the **Independent Broad-based Anti-corruption Commission Act 2011**; ***Imperial Act*** means an Act passed by— (a) the Parliament of England; (b) the Parliament of Great Britain; (c) the Parliament of the United Kingdom of Great Britain and Ireland; or (d) the Parliament of the United Kingdom of Great Britain and Northern Ireland; S. 38 def. of *individual* inserted by No. 13/2006 s. 9. ***individual*** means a natural person; ***infamous offence*** and ***infamous crime*** include— (a) perjury; and (b) the commission of an act of bestiality or an attempt to commit an act of bestiality; S. 38 def. of *insolvent under administration* inserted by No. 13/2006 s. 9, substituted by No. 4/2008 s. 31. ***insolvent under administration*** means— (a) a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction); or (b) a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or (c) a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if a final payment has not been made under that composition; or (d) a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated; or (e) a person who has executed a personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) but not if the agreement has been set aside or terminated or all of the obligations that the agreement created have been discharged; S. 38 def. of *internal Territory* inserted by No. 60/2000 s. 9. ***internal Territory*** means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory; S. 38 def. of *Jervis Bay Territory* inserted by No. 60/2000 s. 9. ***Jervis Bay Territory*** means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915 of the Commonwealth; ***justice*** means a justice of the peace; ***land*** includes buildings and other structures permanently affixed to land, land covered with water, and any estate, interest, easement, servitude, privilege or right in or over land; ***law officer*** means the Attorney-General and includes any Minister of the Crown for the time being acting for or on behalf of the Attorney-General; ***Legislative Assembly*** means the Legislative Assembly of Victoria; ***Legislative Council*** means the Legislative Council of Victoria; S. 38 def. of *magistrate* inserted by No. 3/2016 s. 59. ***magistrate*** has the same meaning as in section 3(1) of the **Magistrates' Court Act** **1989**; S. 38 def. of *Magistrates' Court* inserted by No. 51/1989 s. 146(a)(ii). ***Magistrates' Court*** means the Magistrates' Court of Victoria; ***Minister*** means the responsible Minister of the Crown for the time being administering the provision in which, or in respect of which, the expression is used or, if, for the time being, different Ministers are administering that provision in different respects, each of those Ministers to the extent that he or she is administering that provision in the relevant respect, and where a Minister of the Crown is referred to by the title of his or her Ministerial office, the reference shall be construed as including a reference to a Minister of the Crown for the time being acting for or on behalf of that Minister; S. 38 def. of *Northern Territory* inserted by No. 95/1993 s. 8. ***Northern Territory*** means Northern Territory of Australia; ***oath*** and ***affidavit***, in relation to persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration and, in relation to those persons, ***swear*** includes affirm and declare; ***Parliament*** means the Parliament of Victoria; S. 38 def. of *penalty unit* amended by Nos 10260 s. 114(Sch. 4 item 8), 49/1991 s. 119(7)(Sch. 4 item 10.1). ***penalty unit*** shall be construed in accordance with section 110 of the **Sentencing Act 1991**; ***person*** includes a body politic or corporate as well as an individual; S. 38 def. of *police officer* inserted by No. 5/2015 s. 7. ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 38 def. of *Premier* inserted by No. 13/2006 s. 9. ***Premier*** means Premier of Victoria; ***prescribed*** means prescribed by the Act in which the word is used or by a subordinate instrument made under or pursuant to that Act; S. 38 def. of *public service* inserted by No. 13/2006 s. 9. ***public service*** has the same meaning as in the **Public Administration Act 2004**; ***rules of court*** in relation to any court, means rules made by the authority having power to make rules or orders regulating the practice and procedure of that court; S. 38 def. of *sheriff* inserted by No. 9/2009 s. 77. ***sheriff*** has the same meaning as in the **Sheriff Act 2009**; ***sitting days***, in relation to either House of Parliament, means days on which the House actually sits; S. 38 def. of *Standards Australia* inserted by No. 60/2000 s. 9. ***Standards Australia*** means Standards Australia International Limited (ACN 087 326 690); S. 38 def. of *Standards Council of New Zealand* inserted by No. 13/2006 s. 9. ***Standards Council of New Zealand*** means the Standards Council continued in existence under section 3 of the Standards Act 1988 of New Zealand; ***State*** means the State of Victoria; S. 38 def. of *State Coroner* inserted by No. 77/2008 s. 129(Sch. 2 item 13). ***State Coroner*** means the State Coroner of the Coroners Court; S. 38 def. of *statutory declaration* and *solemn declaration* substituted by No. 57/1989 s. 3(Sch. item 104.1), amended by No. 69/2009 s. 54(Sch. Pt 2 item 29), substituted as *statutory declaration* by No. 6/2018 s. 66. ***statutory declaration*** means a statutory declaration under Part 4 of the **Oaths and Affirmations Act 2018**; S. 38 def. of *statutory rule* inserted by No. 61/2004 s. 6(1). ***statutory rule*** has the same meaning as in the **Subordinate Legislation Act 1994**; S. 38 def. of *subordinate instrument* inserted by No. 61/2004 s. 6(1). ***subordinate instrument*** means an instrument made under an Act— (a) that is a statutory rule; or (b) that is not a statutory rule but— (i) contains regulations, rules, by‑laws, proclamations, Orders in Council, orders or schemes; or (ii) is of a legislative character; ***Supreme Court*** means The Supreme Court of the State of Victoria; S. 38 def. of *Territory* inserted by No. 60/2000 s. 9. ***Territory*** (when used in an Act passed, or subordinate instrument made, on or after 1 January 2001 or 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) means a Territory referred to in section 122 of the Constitution of the Commonwealth and includes a Territory administered by the Commonwealth under a Trusteeship Agreement; ***Treasurer*** means the Treasurer of Victoria; S. 38 def. of *VCAT* inserted by No. 61/2004 s. 6(1). ***VCAT*** means the Victorian Civil and Administrative Tribunal established by the **Victorian Civil and Administrative Tribunal Act 1998**; S. 38 def. of *Victoria Police* inserted by No. 55/2025 s. 58. ***Victoria Police*** means the body established by section 6 of the **Victoria Police Act 2013**; S. 38 def. of *waterway* inserted by No. 81/1989 s. 3(Sch. item 24). ***waterway*** means a waterway as defined in section 3(1) of the **Water Act 1989**; ***writing*** includes all modes of representing or reproducing words, figures or symbols in a visible form and expressions referring to writing shall be construed accordingly. S. 38AAA inserted by No. 13/2006 s. 10. 38AAA References to Departments If— (a) reference is made in an Act or subordinate instrument to a particular Department; and (b) under the **Public Administration Act 2004** the name of the Department is changed— the reference is, from the date when the name is changed and so far as it relates to any period on or after that date, to be taken to be a reference to the Department by its new name. S. 38AA inserted by No. 60/2000 s. 10. 38AA References to Australian Standards, etc. (1) In an Act or subordinate instrument, a reference consisting of the words "Australian Standard" or the letters "AS" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia. S. 38AA(1A) inserted by No. 13/2006 s. 11. (1A) In an Act or subordinate instrument, a reference consisting of the expression "Australian/New Zealand Standard" or "AS/NZS" followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand. (2) In an Act or subordinate instrument, a reference to Standards Australia includes a reference to the Standards Association of Australia as constituted before 1 July 1999. (3) In an Act or subordinate instrument, a reference to the Standards Association of Australia, so far as it relates to any period on or after 1 July 1999, is a reference to Standards Australia. S. 38A inserted by No. 80/1990 s. 98(1), amended by No. 37/1999 s. 58(Sch. 1 item 2.2), substituted by No. 44/2001 s. 3(Sch. item 67). 38A References to Corporations legislation ***ASC Law*** has the same meaning as ***ASIC Law***; ***ASC Regulations*** has the same meaning as ***ASIC Regulations*** has when ASIC Regulations is used in relation to the ASIC Law; ***ASIC Law*** has the meaning provided for by Part 11 of the **Corporations (Victoria) Act 1990**; ***ASIC Act*** means the Australian Securities and Investments Commission Act 2001 of the Commonwealth; ***ASIC Regulations***— (a) when used in relation to the ASIC Law, has the meaning provided for by Part 11 of the **Corporations (Victoria) Act 1990**; (b) when used in relation to the ASIC Act, means regulations made, or that have effect as if they were made, under the ASIC Act; ***Corporations Act*** means the Corporations Act 2001 of the Commonwealth; ***Corporations Law*** has the meaning provided for by Part 3 of the **Corporations (Victoria) Act 1990**; ***Corporations legislation*** means the Corporations legislation to which Part 1.1A of the Corporations Act applies; ***Corporations Regulations***— (a) when used in relation to the Corporations Law, has the meaning provided for by Part 3 of the **Corporations (Victoria) Act 1990**; (b) when used in relation to the Corporations Act, means regulations made, or that have effect as if they were made, under the Corporations Act. S. 38AB inserted by No. 29/1997 s. 10. 38AB References to National Electricity Law S. 38AB def. of *National Electricity (Victoria) Law* amended by No. 8/2005 s. 16(a). ***National Electricity (Victoria) Law*** means the provisions applying because of section 6 of the **National Electricity (Victoria) Act 2005**; S. 38AB def. of *National Electricity (Victoria) Regulations* amended by No. 8/2005 s. 16(b). ***National Electricity (Victoria) Regulations*** means the provisions applying because of section 7 of the **National Electricity (Victoria) Act 2005**. S. 38B inserted by No. 48/1992 s. 116(1). 38B References to Financial Institutions legislation ***AFIC (Victoria) Code*** means the provision applying because of section 5 of the **Financial Institutions (Victoria) Act 1992**; ***AFIC (Victoria) Regulations*** means the provisions applying by reason of section 6 of the **Financial Institutions (Victoria) Act 1992**; ***Financial Institutions (Victoria) Code*** means the provisions applying because of section 8 of the **Financial Institutions (Victoria) Act 1992**; ***Financial Institutions (Victoria) Regulations*** means the provisions applying because of section 9 of the **Financial Institutions (Victoria) Act 1992**. S. 38BA inserted by No. 31/1998 s. 27, substituted by No. 30/2008 s. 42(2). 38BA References to National Gas Law ***National Gas (Victoria) Law*** means the provisions applying because of section 7 of the **National Gas (Victoria) Act 2008**; ***National Gas (Victoria) Regulations*** means the provision applying because of section 8 of the **National Gas (Victoria) Act 2008**. S. 38C inserted by No. 41/1995 s. 61, repealed by No. 11/2010 s. 52. S. 38D inserted by No. 83/1996 s. 39. 38D References to Friendly Societies legislation ***Friendly Societies (Victoria) Code*** means the provisions applying because of section 5 of the **Friendly Societies (Victoria) Act 1996**; ***Friendly Societies (Victoria) Regulations*** means the provisions applying because of section 6 of the **Friendly Societies (Victoria) Act 1996**. S. 38E inserted by No. 13/2010 s. 49. 38E References to Health Practitioner Regulation National Law In an Act or a subordinate instrument— ***Health Practitioner Regulation National Law*** means— (a) the Health Practitioner Regulation National Law— (i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland; and (ii) as it applies as a law of Victoria, another State or a Territory (with or without modification); or (b) the law of another State or a Territory that substantially corresponds to the law referred to in paragraph (a); ***Health Practitioner Regulation National Law (Victoria)*** means the provisions applying because of section 4 of the **Health Practitioner Regulation National Law (Victoria) Act 2009**. S. 38EA inserted by No. 5/2015 s. 8. 38EA Definition of *registered medical practitioner* (1) Unless the contrary intention appears, in an Act or a subordinate instrument to which this section applies— ***registered medical practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student). (2) This section applies to— (a) an Act that is passed, or a subordinate instrument that is made, on or after 1 July 2015; or (b) an Act that is passed, or a subordinate instrument that is made, before 1 July 2015— (i) into which a reference to registered medical practitioner is inserted on or after 1 July 2015; and (ii) which does not contain a reference to registered medical practitioner immediately before 1 July 2015. S. 38F inserted by No. 72/2010 s. 48(Sch. item 13), amended by No. 57/2013 s. 11. 38F References to Australian Consumer Law S. 38F def. of *Australian Consumer Law (Victoria)* amended by No. 21/2012 s. 239(Sch. 6 item 22). ***Australian Consumer Law (Victoria)*** means the provisions applying because of Chapter 2 of the **Australian Consumer Law and Fair Trading Act 2012**. S. 38FA inserted by No. 22/2013 s. 59. 38FA References to Rail Safety National Law ***Rail Safety National Law (Victoria)*** means the provisions applying because of section 6 of the **Rail Safety National Law Application Act 2013**. S. 38G inserted by No. 80/2011 s. 79(Sch. item 4).