35   Headings etc

(1)  Headings to provisions of an Act or instrument, being headings to:

(a)  Chapters, Parts, Divisions or Subdivisions into which the Act or instrument is divided, or

(b)  Schedules to the Act or instrument,

      shall be taken to be part of the Act or instrument.

(2)  Except as provided by subsections (3) and (4):

(a)  a heading to a provision of an Act or instrument (not being a heading referred to in subsection (1)),

(b)  matter within a provision of an Act or instrument (being matter in parentheses that merely sets out a heading to or describes the effect of some other provision of the Act or instrument or of some other Act or instrument), or

(c)  a marginal note, footnote or endnote in an Act or instrument,

      shall be taken not to be part of the Act or instrument.

(3)  A heading to a provision of an Act or instrument (not being a heading referred to in subsection (1)) shall be taken to be part of the Act or instrument if, immediately before 1 February 1981 (being the date on which section 3 of the Interpretation (Amendment) Act 1980 commenced), it was part of the Act or instrument.

(4)  A heading to a provision of an Act or instrument (not being a heading referred to in subsection (1)), or a marginal note, footnote or endnote in an Act or instrument, shall be taken to be part of the Act or instrument if:

(a)  it is referred to expressly, otherwise than by means of matter within some other provision of the Act or instrument (being matter in parentheses that merely sets out a heading to or describes the effect of the firstmentioned provision) or by means of a symbol, in some other part of the Act or instrument, or

(b)  not being so referred to, it is a heading, marginal note, footnote or endnote to a table or form in the Act or instrument.

(4A)  The number of a section, subsection, clause or subclause of an Act or instrument is taken to be part of the Act or instrument even though it appears in a heading to the section, subsection, clause or subclause.

(5)  This section does not limit the application of section 34 in relation to the use of any heading, marginal note, footnote or endnote in the interpretation of the provision to which the heading, marginal note, footnote or endnote relates.