43Measurement of distances

43 Measurement of distances In the measurement of a distance for the purposes of an Act or subordinate instrument, the distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane. 44 Time (1) Where in an Act or subordinate instrument a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall not be included in the period. (2) Where in an Act or subordinate instrument a period of time is expressed to end on, or to be reckoned to, a particular day, that day shall be included in the period. S. 44(3) amended by No. 43/2012 s. 3(Sch. item 24). (3) Where the time limited by an Act or subordinate instrument for the doing of any act or thing expires or falls on a day that is a holiday, the time so limited shall extend to, and the act or thing may be done on, the day next following that is not a holiday. (4) In subsection (3) ***holiday*** means— (a) a Saturday or Sunday; S. 44(4)(b) substituted by No. 119/1993 s. 16(2). (b) a day appointed under the **Public Holidays Act 1993** as a public holiday in the place in which the act or thing is to be or may be done. S. 44(4)(c) repealed by No. 119/1993 s. 16(2). S. 44(5) amended by No. 57/1989 s. 3(Sch. item 104.2). (5) Subject to section 4 of the **Summer Time Act 1972**, whenever an expression of time occurs in an Act or subordinate instrument, the time referred to shall, unless the contrary intention appears, be deemed to be standard time throughout Victoria as declared by section 43 of the **Supreme Court Act 1986**[[3]](#endnote-4). (6) In an Act or subordinate instrument, unless the contrary intention expressly appears— (a) a reference to midnight, in relation to a particular day, shall be construed as a reference to the point of time at which that day ends; (b) a reference to a month shall be construed as a reference to a calendar month; (c) a reference, without qualification, to a year shall be construed as a reference to a period of twelve months; (d) a reference to a financial year shall be construed as a reference to the period of twelve months ending at midnight on 30 June; and (e) a reference to a calendar year shall be construed as a reference to the period of twelve months ending at midnight on 31 December. (7) In a provision of an Act or subordinate instrument the expression "now", "heretofore" or "hereafter" shall be construed as referring to the time when the provision in which the expression occurs came into operation.