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JUDGMENT DEBT RECOVERY ACT 1984 - NOTES

Version No. 026

No. 10063 of 1984
Version incorporating amendments as at
29 March 2022

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Version No. 026

Judgment Debt Recovery Act 1984

No. 10063 of 1984
Version incorporating amendments as at
29 March 2022

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Judgement Debt Recovery Act 1984 was assented to on 15 May 1984 and came into operation on 1 May 1985: Government Gazette 17 April 1985 page 1102.

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 Judgment Debt Recovery Act 1984 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Supreme Court Act 1986, No. 110/1986

Assent Date:

16.12.86

Commencement Date:

1.1.87: s. 2

Current State:

All of Act in operation

Community Services Act 1987, No. 16/1987

Assent Date:

12.5.87

Commencement Date:

Ss 16, 913, Sch. 1 on 22.2.89: Government Gazette 22.2.89 p. 386; Sch. 2 items 1–13 on 15.3.89: Government Gazette 15.3.89 p. 587; rest of Act on 25.6.92: Government Gazette 24.6.92 p. 1532

Current State:

All of Act in operation

County Court (Amendment) Act 1989, No. 19/1989

Assent Date:

16.5.89

Commencement Date:

1.8.89: Government Gazette 26.7.89 p. 1858

Current State:

All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:

14.6.89

Commencement Date:

S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217

Current State:

All of Act in operation

Constitution (Court of Appeal) Act 1994, No. 109/1994

Assent Date:

20.12.94

Commencement Date:

Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1

Current State:

All of Act in operation

Statute Law Revision Act 2000, No. 74/2000

Assent Date:

21.11.00

Commencement Date:

S. 3(Sch. 1 item 64) on 22.11.00: s. 2(1)

Current State:

This information relates only to the provision/s amending the Judgment Debt Recovery Act 1984

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:

15.8.06

Commencement Date:

S. 42(Sch. item 19) on 23.4.07: s. 2(3)

Current State:

This information relates only to the provision/s amending the Judgment Debt Recovery Act 1984

Statute Law Revision Act 2007, No. 28/2007

Assent Date:

26.6.07

Commencement Date:

S. 3(Sch. item 33) on 27.6.07: s. 2(1)

Current State:

This information relates only to the provision/s amending the Judgment Debt Recovery Act 1984

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 89) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Judgment Debt Recovery Act 1984

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:

9.9.14

Commencement Date:

S. 16 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1

Current State:

This information relates only to the provision/s amending the Judgment Debt Recovery Act 1984

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:

16.2.16

Commencement Date:

S. 95 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1

Current State:

This information relates only to the provision/s amending the Judgment Debt Recovery Act 1984

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 72) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Judgment Debt Recovery Act 1984

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:

15.2.22

Commencement Date:

S. 97 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1

Current State:

This information relates only to the provision/s amending the Judgment Debt Recovery Act 1984

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    3     Explanatory details


[1] S. 3 def. of proper officer of the court: Section 17 of the County Court (Amendment) Act 1989, No. 19/1989 reads as follows:

        17     Transitional provision

    (1)     The person who holds office as the registrar of the Court at Melbourne immediately before the commencement of this Act holds office as the registrar under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.

    (2)     Each person who holds office as a registrar of the Court (except the registrar of the Court at Melbourne) immediately before the commencement of this Act holds office as a deputy registrar under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.

    (3)     Each person who holds office as an assistant registrar of the Court immediately before the commencement of this Act holds office as a deputy registrar under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.

    (4)     Unless the context otherwise requires, any reference in this or any other Act or in any subordinate instrument or in any document or writing of any kind whatsoever to the registrar of the County Court is to be taken to refer to the registrar or any deputy registrar of the Court.

[2] S. 19(4)(b): Section 29 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 reads as follows:

        29     Proceedings before the Full Court

    (1)     The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.

    (2)     If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal.



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