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CONSTITUTION ACT 1975 - SECT 5

Definitions

In this Act unless inconsistent with the context or subject-matter—

S. 5 def. of actuary inserted by No. 19/2001 s. 4.

"actuary" means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;

"Assembly" means Legislative Assembly of Victoria;

S. 5 def. of Associate Judge inserted by No. 24/2008 s. 3(a), amended by No. 63/2013 s. 3(b).

"Associate Judge" means an Associate Judge of the Court referred to in section 75(4) and, subject to this Act, and unless the context otherwise requires, in Part III includes a reserve Associate Judge engaged under section 105D of the Supreme Court Act 1986 to undertake the duties of an Associate Judge during any period of engagement or acting under section 105H of that Act;

S. 5 def. of Chief Justice amended by No. 109/1994 s. 4(1)(a) (as amended by No. 22/1995 s. 29(1)).

"Chief Justice" means the Chief Justice of the Supreme Court and includes "Acting Chief Justice" and in the absence of the Chief Justice and the Acting Chief Justice from duty means the senior Judge of the Court for the time being present;

S. 5 def. of Consolidated Fund amended by No. 18/1994 s. 66(Sch. 2 item 3).

"Consolidated Fund" means the Consolidated Fund constituted under the Financial Management Act 1994 ;

Council means Legislative Council of Victoria;

S. 5 def. of Court of Disputed Returns substituted by No. 23/2002 s. 189(1).

"Court of Disputed Returns" means the Court of Disputed Returns constituted under section 124 of the Electoral Act 2002 ;

S. 5 def. of deputy presiding officer inserted by No. 37/2013 s. 18(1).

"deputy presiding officer" means—

        (a)     in relation to the Legislative Council—the Deputy President; and

        (b)     in relation to the Legislative Assembly—the Deputy Speaker;

"district" means electoral district of the Assembly;

S. 5 def. of excluded judicial officer inserted by No. 63/2013 s. 54.

"excluded judicial officer" means—

        (a)     the Chief Justice;

        (b)     the President of the Court of Appeal;

        (c)     a Judge of the Court who is appointed as President of VCAT;

S. 5 def. of general election substituted by No. 10146 s. 7(3), amended by No. 2/2003 s. 7(2)(a).

"general election" means an election at which all the members of the Council and Assembly have to be elected;

S. 5 def. of insolvent under administration inserted by No. 53/1999 s. 5.

"insolvent under administration" means—

        (a)     a person who is an undischarged bankrupt; 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;

S. 5 def. of Judge of the Court inserted by No. 24/2008 s. 3(a), amended by Nos 5/2013 s. 3(2), 63/2013 s. 3(c).

"Judge of the Court" means a Judge of the Court referred to in section 75(3) and, subject to this Act, and unless the context otherwise requires, in Part III includes a reserve Judge engaged under section 81B to undertake the duties of a Judge of the Court during any period of engagement or acting under section 81GA;

S. 5 def. of Master substituted by No. 109/1994 s. 4(1)(b), repealed by No. 24/2008 s. 3(b).

    *     *     *     *     *

"Parliament" means Parliament of Victoria;

S. 5 def. of Parliamentary Committee inserted by No. 53/1999 s. 5.

"Parliamentary Committee", in Division 3 of Part V, has the same meaning as in the Audit Act 1994 ;

S. 5 def. of Parliamentary Offices Committee repealed by No. 24/1996 s. 34(a).

    *     *     *     *     *

S. 5 def. of part-time service arrangement inserted by No. 63/2013 s. 54.

"part-time service arrangement" means—

        (a)     in relation to a Judge of the Court, an arrangement entered under section 75C;

        (b)     in relation to an Associate Judge, an arrangement entered under section 104JA of the Supreme Court Act 1986 ;

S. 5 def. of periodical election repealed by No. 2/2003 s. 7(2)(b).

    *     *     *     *     *

"prescribed" means prescribed by this Act or any regulation thereunder;

President means President of the Council and includes any person acting as the President of the Council;

"presiding officer" means—

        (a)     in relation to the Legislative Council—the President; and

        (b)     in relation to the Legislative Assembly—the Speaker;

S. 5 def. of province repealed by No. 2/2003 s. 49(1)(a).

    *     *     *     *     *

S. 5 def. of region inserted by No. 2/2003 s. 49(1)(b).

"region" means electoral region of the Council;

S. 5 def. of reserve Associate Judge inserted by No. 63/2013 s. 3(a).

"reserve Associate Judge" has the same meaning as it has in the Supreme Court Act 1986 ;

S. 5 def. of reserve Judge inserted by No. 5/2013 s. 3(1).

"reserve Judge" means a person appointed under section 81 ;

"Speaker" means Speaker of the Assembly and includes any person acting as the Speaker of the Assembly;

S. 5 def. of subdivision repealed by No. 24/1999 s. 44(1).

    *     *     *     *     *

S. 5 def. of super-annuation contributions surcharge inserted by No. 19/2001 s. 4.

"superannuation contributions surcharge" means the superannuation contributions surcharge imposed by the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 of the Commonwealth;

S. 5 def. of super-annuation contributions surcharge notice inserted by No. 19/2001 s. 4.

"superannuation contributions surcharge notice" means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;

"Supreme Court" means the Supreme Court of the State of Victoria;

S. 5 def. of total pension entitlement inserted by No. 19/2001 s. 4.

"total pension entitlement" means, on a particular day, the current value of all future pension payments on that day.

S. 5A inserted by No. 23/2008 s. 3.



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