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PARLIAMENT OF VICTORIA
Subordinate Legislation Amendment Bill 2010
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2--GENERAL AMENDMENTS 3
4 Definitions 3
5 Section 5 substituted and new section 5A inserted 4
5 Automatic revocation of statutory rules 4
5A Extension regulations 5
6 Consultation 6
7 Infringements offence consultation certificate 6
8 Sections 7, 8 and 9 substituted 6
7 Regulatory impact statement must be prepared 6
8 Exemption certificates 6
9 Premier's exemption certificate--statutory rules 8
9 Regulatory impact statements 9
10 Comments and submissions 9
11 Notice of decision 10
12 Human rights certificate 10
13 New section 12B inserted 10
12B Certificates and composite certificates 10
14 Section 13 certificate 10
15 Submission of statutory rules to Governor in Council 11
16 Statutory rules to be laid before Parliament 12
17 New section 15A inserted 13
15A Accompanying documents to be sent to Scrutiny
Committee 13
18 Statutory rule to be numbered, printed and published 14
19 Review of statutory rules by the Scrutiny Committee 14
20 Disallowance of statutory rule or part of a statutory rule 14
21 Repeal of spent provisions 15
22 New section 35 inserted 15
35 Transitional provisions--Part 2 of Subordinate
Legislation Amendment Act 2010 15
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Clause Page
23 Guidelines 17
24 Consequential amendments to other Acts 17
PART 3--AMENDMENTS RELATING TO LEGISLATIVE
INSTRUMENTS 18
25 Definitions 18
26 New section 3A inserted 22
3A Transitional period--legislative instruments 22
27 New section 4A inserted 23
4A Prescribing instrument to be a legislative instrument
or to be exempt 23
28 Exemption certificates 24
29 Human rights certificate 25
30 Part 2A inserted 25
PART 2A--PREPARATION OF LEGISLATIVE
INSTRUMENTS 25
12C Consultation--legislative instruments 25
12D Human rights certificate--legislative instruments 26
12E Regulatory impact statement to be prepared for
legislative instruments 27
12F Exemption certificates--legislative instruments 28
12G Premier's exemption certificate--legislative
instruments 30
12H Content of regulatory impact statements--legislative
instruments 31
12I Comments and submissions 33
12J Notice of decision 34
12K Certificates and composite certificates 35
31 Part 3A inserted 35
PART 3A--TABLING AND PUBLICATION OF
LEGISLATIVE INSTRUMENTS 35
16A Legislative instrument to be published in the
Government Gazette 35
16B Legislative instruments and related documents to be
laid before Parliament 36
16C Legislative instrument and accompanying documents
to be sent to Scrutiny Committee 37
16D Compliance with this Part and requirements of
authorising Act--publication in Government Gazette 38
16E Compliance with this Part and requirements of
authorising Act--tabling in Parliament 39
32 Part 4 heading amended 40
33 Part 5 heading amended 40
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Clause Page
34 New Part 5A inserted 40
PART 5A--SCRUTINY, SUSPENSION AND
DISALLOWANCE OF LEGISLATIVE INSTRUMENTS 40
25A Review of legislative instruments by the Scrutiny
Committee 40
25B Suspension of legislative instrument or part of an
instrument 41
25C Disallowance 43
25D Effect of disallowance 44
25E Clerk to publish notice of disallowance 45
35 Guidelines 46
36 Advisory role of Scrutiny Committee 46
37 Regulations 46
38 Matter to be included in guidelines 47
PART 4--GENERAL 48
39 New section 36 inserted 48
36 Regulations dealing with transitional matters--
Subordinate Legislation Amendment Act 2010 48
40 Repeal of amending Act 49
__________________
SCHEDULES 50
SCHEDULE 1--Consequential Amendments Relating to
References to Repealed Subordinate Legislation
Act 1962 50
1 Accident Compensation Act 1985 50
2 Agricultural and Veterinary Chemicals (Control of Use)
Act 1992 50
3 Australian Grands Prix Act 1994 50
4 Cancer Act 1958 50
5 Catchment and Land Protection Act 1994 51
6 Control of Weapons Act 1990 51
7 Corporations (Victoria) Act 1990 51
8 Country Fire Authority Act 1958 51
9 Courts (Case Transfer) Act 1991 51
10 Docklands Act 1991 51
11 Domestic Animals Act 1994 52
12 Emergency Services Superannuation Act 1986 52
13 Environment Protection Act 1970 52
14 Flora and Fauna Guarantee Act 1988 53
15 Health Services Act 1988 53
16 House Contracts Guarantee Act 1987 53
17 Livestock Disease Control Act 1994 53
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18 Marine Act 1988 53
19 Meat Industry Act 1993 54
20 Mineral Resources (Sustainable Development) Act 1990 54
21 Museums Act 1983 54
22 Partnership Act 1958 54
23 Petroleum (Submerged Lands) Act 1982 54
24 Private Agents Act 1966 54
25 Royal Botanic Gardens Act 1991 55
26 Second-Hand Dealers and Pawnbrokers Act 1989 55
27 State Electricity Commission Act 1958 55
28 State Employees Retirement Benefits Act 1979 55
29 State Owned Enterprises Act 1992 55
30 State Sport Centres Act 1994 55
31 State Superannuation Act 1988 56
32 Subdivision Act 1988 56
33 Transport Superannuation Act 1988 56
34 Treasury Corporation of Victoria Act 1992 56
35 Victorian Funds Management Corporation Act 1994 56
36 Water Act 1989 56
37 Wildlife Act 1975 57
ENDNOTES 58
561171B.I-23/6/2010 iv BILL LC INTRODUCTION 23/6/2010
PARLIAMENT OF VICTORIA
Introduced in the Council
Subordinate Legislation Amendment
Bill 2010
A Bill for an Act to amend the Subordinate Legislation Act 1994 to
extend the application of certain provisions of that Act to legislative
instruments, to make other amendments to that Act, to consequentially
amend other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Subordinate Legislation Act 1994--
5 (a) to make various amendments to facilitate the
operation of that Act; and
(b) to extend the application of certain
provisions of that Act to legislative
instruments.
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Subordinate Legislation Amendment Bill 2010
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act, except Part 3, comes into operation on
1 January 2011.
(2) Part 3 of this Act comes into operation on 1 July
5 2011.
3 Principal Act
See: In this Act, the Subordinate Legislation Act
Act No.
104/1994. 1994 is called the Principal Act.
Reprint No. 3
as at
1 January
2007
and
amending
Act No.
9/2008.
LawToday:
www.
legislation.
vic.gov.au
__________________
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Subordinate Legislation Amendment Bill 2010
Part 2--General Amendments
s. 4
PART 2--GENERAL AMENDMENTS
4 Definitions
(1) In section 3 of the Principal Act insert the
following definitions--
5 "extension certificate means a certificate issued
under section 5A(1) by the responsible
Minister;
extension regulation means a regulation made
under section 5A extending the operation of
10 a statutory rule;
human rights certificate means a certificate
issued by the responsible Minister under
section 12A(1);
human rights exemption certificate means a
15 certificate issued by the responsible Minister
under section 12A(3);".
(2) In section 3 of the Principal Act--
(a) for the definition of exemption certificate
substitute--
20 "exemption certificate means a certificate
issued in relation to a proposed
statutory rule by--
(a) the responsible Minister under
section 8; or
25 (b) the Premier under section 9;";
(b) the definition of exception certificate is
repealed.
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Subordinate Legislation Amendment Bill 2010
Part 2--General Amendments
s. 5
(3) For the definition of responsible Minister in
section 3 of the Principal Act substitute--
"responsible Minister means--
(a) in relation to a statutory rule or
5 proposed statutory rule which is an
extension regulation, the Minister
administering the authorising Act under
which the statutory rule which would
otherwise be revoked by section 5 is
10 made;
(b) in relation to any other statutory rule or
proposed statutory rule, the Minister
administering the authorising Act;".
5 Section 5 substituted and new section 5A inserted
15 For section 5 of the Principal Act substitute--
"5 Automatic revocation of statutory rules
(1) Subject to section 5A, unless sooner
revoked, a statutory rule is revoked by virtue
of this section on the day which is the tenth
20 anniversary of the making of the statutory
rule.
Note
Section 25 of the Interpretation of Legislation Act
1984 provides that if a subordinate instrument is
25 expressed to cease to have effect on a particular day,
the subordinate instrument continues in operation
until the last moment of the day.
(2) On the revocation of a statutory rule by this
section--
30 (a) any other statutory rule that amends the
statutory rule being revoked; and
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Part 2--General Amendments
s. 5
(b) any provision in any other statutory rule
that amends the statutory rule being
revoked--
is also revoked by virtue of this section,
5 insofar as the amending statutory rule or
provision relates to the statutory rule revoked
by this section.
5A Extension regulations
(1) Subject to subsection (3), the responsible
10 Minister may issue a certificate if satisfied
that--
(a) due to special circumstances, there is
insufficient time to enable compliance
with Part 2 in respect of a proposed
15 statutory rule before the statutory rule it
is intended to replace is to be revoked
by section 5; and
(b) the statutory rule which would
otherwise be revoked by section 5
20 should be extended for a specified
period not exceeding 12 months.
(2) An extension certificate must specify the
special circumstances, including the reasons
why the extension is necessary.
25 (3) Before issuing an extension certificate, the
responsible Minister must obtain a certificate
from the Premier which specifies that the
Premier has agreed that the statutory rule
which would otherwise be revoked by
30 section 5 should be extended for the
specified period.
(4) On the recommendation of the responsible
Minister, the Governor in Council may make
a regulation under this Act extending the
35 operation of a statutory rule that would
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Part 2--General Amendments
s. 6
otherwise be revoked by section 5 for a
period specified in the regulation.
(5) Only one extension regulation can be made
in respect of the operation of a statutory
5 rule.".
6 Consultation
(1) In section 6(b) of the Principal Act, for
"an appreciable economic or social burden"
substitute "a significant economic or social
10 burden".
(2) In section 6(c) of the Principal Act, for "given to
the Scrutiny Committee as soon as practicable
after the statutory rule is made" substitute "issued
for that statutory rule".
15 7 Infringements offence consultation certificate
Section 6A(2) and (3) of the Principal Act are
repealed.
8 Sections 7, 8 and 9 substituted
For sections 7, 8 and 9 of the Principal Act
20 substitute--
"7 Regulatory impact statement must be
prepared
(1) The responsible Minister must ensure that a
regulatory impact statement is prepared for a
25 proposed statutory rule.
(2) Subsection (1) does not apply if an
exemption certificate is issued for the
proposed statutory rule.
8 Exemption certificates
30 (1) The responsible Minister may issue an
exemption certificate in writing certifying
that, in the opinion of the Minister--
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Part 2--General Amendments
s. 8
(a) the proposed statutory rule would not
impose a significant economic or social
burden on a sector of the public; or
(b) the proposed statutory rule is a rule
5 which relates only to a court or tribunal
or the procedure, practice or costs of a
court or tribunal; or
(c) the proposed statutory rule is of a
fundamentally declaratory or
10 machinery nature; or
(d) the proposed statutory rule only
increases fees in respect of a financial
year by an amount not exceeding the
annual rate approved by the Treasurer
15 in relation to the State Budget for the
purposes of this section; or
(e) the proposed statutory rule--
(i) only prescribes under section
4(1)(a) an instrument or class of
20 instrument to be a statutory rule;
or
(ii) only exempts under section
4(1)(b) an instrument or class of
instrument from the operation of
25 this Act; or
(iii) is an extension regulation; or
(f) the proposed statutory rule is required
under a national uniform legislation
scheme and an assessment of costs and
30 benefits has been undertaken under that
scheme; or
(g) the proposed statutory rule deals with
administration or procedures within or
as between--
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Part 2--General Amendments
s. 8
(i) Departments or declared
authorities within the meaning of
the Public Administration Act
2004; or
5 (ii) Departments within the meaning
of the Parliamentary
Administration Act 2005; or
(h) notice of the proposed statutory rule
would render the proposed statutory
10 rule ineffective or would unfairly
advantage or disadvantage any person
likely to be affected by the proposed
statutory rule.
(2) For the purposes of subsection (1)(d), in
15 calculating the amount of an increase, the
amount is deemed to have been calculated in
accordance with subsection (1)(d) if the
calculation is made to the nearest whole $1.
(3) An exemption certificate must specify the
20 reasons for the exemption.
9 Premier's exemption certificate--
statutory rules
(1) The Premier may issue a certificate in
writing that, in the Premier's opinion, in the
25 special circumstances of the case the public
interest requires that the proposed statutory
rule be made without complying with
section 7(1).
(2) The Premier must not issue an exemption
30 certificate unless--
(a) the proposed statutory rule is to expire
on or before the day which is
12 months after the first day on which
any provision of the statutory rule is to
35 come into operation; and
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Part 2--General Amendments
s. 9
(b) the relevant responsible Minister has
given the Premier written reasons why
the public interest requires that the
proposed statutory rule be made
5 without complying with section 7(1).
(3) An exemption certificate issued under
subsection (1) must--
(a) specify the reasons for the exemption;
and
10 (b) be signed by the Premier; and
(c) be dated with the date of signing.".
9 Regulatory impact statements
(1) After section 10(1)(b) of the Principal Act
insert--
15 "(ba) in the case of a proposed statutory rule which
amends fees in an existing statutory rule, a
table comparing the proposed fees and
existing fees, including an indication of the
percentage increase or decrease for each
20 fee;".
(2) Section 10(5) of the Principal Act is repealed.
10 Comments and submissions
For section 11(3) of the Principal Act
substitute--
25 "(3) The responsible Minister must ensure that all
comments and submissions are considered
before the statutory rule is made.
Note
See also section 15A.".
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Part 2--General Amendments
s. 11
11 Notice of decision
After section 12(3) of the Principal Act insert--
"(4) A failure to comply with subsection (1), (2)
or (3) does not affect the operation or effect
5 of the statutory rule but the Scrutiny
Committee may report the failure to each
House of the Parliament.".
12 Human rights certificate
In section 12A(3) of the Principal Act--
10 (a) paragraph (b)(iii) is repealed; and
(b) after paragraph (b) insert--
"(c) the proposed statutory rule is an
extension regulation.".
13 New section 12B inserted
15 After section 12A of the Principal Act insert--
"12B Certificates and composite certificates
(1) A certificate issued under this Part must be--
(a) signed by the responsible Minister
issuing the certificate; and
20 (b) dated with the date of signing.
(2) A certificate issued under this Part may be a
composite certificate which incorporates the
certificates required by sections 6, 6A, 8
and 10(4) or any combination of those
25 certificates.".
14 Section 13 certificate
(1) In section 13(b)(iii) of the Principal Act, for
"onus" substitute "legal burden".
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Part 2--General Amendments
s. 15
(2) At the end of section 13 of the Principal Act
insert--
"(2) The Chief Parliamentary Counsel may
qualify a section 13 certificate by specifying
5 that the certificate applies only to the
proposed statutory rule and not to any matter
contained in a document applied, adopted or
incorporated by the statutory rule if--
(a) the statutory rule to which the
10 certificate relates makes provision for
or in relation to a matter by applying,
adopting or incorporating matter
contained in a document; and
(b) the matter applied, adopted or
15 incorporated is of such a detailed
technical nature that the Chief
Parliamentary Counsel is not qualified
to advise about the matter.
(3) A section 13 certificate may specify that the
20 certificate relates to the circumstances as at
the date of the certificate.".
15 Submission of statutory rules to Governor in
Council
(1) In section 14(a) of the Principal Act for "4"
25 substitute "3".
(2) In section 14(c) of the Principal Act omit
"exception certificate or".
(3) After section 14(d) of the Principal Act insert--
"(da) if the proposed statutory rule is an extension
30 regulation, a copy of the extension certificate
and a copy of the Premier's certificate under
section 5A(3);
(db) if consultation was required under section 6,
a copy of the consultation certificate issued
35 under that section;".
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Part 2--General Amendments
s. 16
16 Statutory rules to be laid before Parliament
(1) Insert the following heading to section 15 of the
Principal Act--
"Statutory rules and related documents to be
5 laid before Parliament".
(2) After section 15(1) of the Principal Act insert--
"(1A) If any of the following documents have been
issued or given in respect of the statutory
rule, a copy of the document must also be
10 laid before each House of the Parliament--
(a) an extension certificate and the
Premier's certificate under
section 5A(3);
(b) a certificate issued under section 6;
15 (c) a certificate issued under section 6A;
(d) an exemption certificate;
(e) a compliance certificate under
section 10(4);
(f) a human rights certificate;
20 (g) a human rights exemption certificate;
(h) a section 13 certificate;
(i) the accompanying recommendation to
the Governor in Council to make the
statutory rule.".
25 (3) In section 15(2) of the Principal Act for
"subsection (1)" substitute "subsection (1)
or (1A)".
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Part 2--General Amendments
s. 17
17 New section 15A inserted
After section 15 of the Principal Act insert--
"15A Accompanying documents to be sent to
Scrutiny Committee
5 (1) When a statutory rule is made, the
responsible Minister must ensure that a copy
of each of the following is given to the
Scrutiny Committee--
(a) any applicable document referred to in
10 section 15(1A) relating to the statutory
rule;
(b) if an exemption certificate has been
issued under section 9 by the Premier,
the reasons given by the relevant
15 responsible Minister to the Premier as
to why the public interest requires that
the proposed statutory rule be made
without complying with section 7(1);
(c) if a regulatory impact statement has
20 been prepared--
(i) the regulatory impact statement
for the statutory rule; and
(ii) a copy of all comments and
submissions received.
25 (2) The documents referred to in subsection (1)
must be given to the Scrutiny Committee no
later than the later of--
(a) 10 working days after the making of the
statutory rule; or
30 (b) 10 working days after the establishment
of the Committee.
(3) A failure to comply with subsection (2) does
not affect the operation or effect of the
statutory rule.".
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Part 2--General Amendments
s. 18
18 Statutory rule to be numbered, printed and
published
For section 17(2) of the Principal Act
substitute--
5 "(2) After the making of a statutory rule, notice of
the making of the statutory rule must be
published--
(a) in the next general edition of the
Government Gazette published after the
10 making of the statutory rule; or
(b) a special edition of the Government
Gazette within 10 working days of that
making.".
19 Review of statutory rules by the Scrutiny
15 Committee
In section 21(1)(b)(iii) of the Principal Act for
"onus" substitute "legal burden".
20 Disallowance of statutory rule or part of a statutory
rule
20 (1) For section 23(1)(a) of the Principal Act
substitute--
"(a) the authorising Act under which the statutory
rule is made states that the statutory rule is
subject to disallowance by the Parliament or
25 by a House of the Parliament; or".
(2) In section 23(1)(c) of the Principal Act for
"section 15(1)" substitute "section 15(1) or (1A)".
(3) For section 23(2)(a) of the Principal Act
substitute--
30 "(a) a notice of a resolution to disallow the
statutory rule is given in a House of the
Parliament--
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Part 2--General Amendments
s. 21
(i) on or before the 18th sitting day of that
House after the rule is laid before that
House; or
(ii) in the case of a failure to comply with
5 section 15(1) in respect of a statutory
rule, on or before the 24th sitting day of
that House after the notice of the
making of the statutory rule has been
published in the Government Gazette
10 under section 17(2); and".
21 Repeal of spent provisions
(1) Section 33(1) of the Principal Act is repealed.
(2) Section 34 of the Principal Act is repealed.
22 New section 35 inserted
15 At the end of Part 8 of the Principal Act insert--
"35 Transitional provisions--Part 2 of
Subordinate Legislation Amendment
Act 2010
(1) An exception certificate issued under
20 section 8 as in force immediately before
1 January 2011 is to be taken, on and from
1 January 2011, to be an exemption
certificate issued on the equivalent ground
under section 8 as substituted by Part 2 of the
25 Subordinate Legislation Amendment Act
2010.
(2) An exemption certificate issued under
section 9 as in force immediately before
1 January 2011 is to be taken, on and from
30 1 January 2011, to be an exemption
certificate issued on the equivalent ground
under section 8 as substituted by Part 2 of the
Subordinate Legislation Amendment Act
2010.
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Part 2--General Amendments
s. 22
(3) A Premier's certificate issued under section
9(3) as in force immediately before
1 January 2011--
(a) is to be taken, on and from 1 January
5 2011, to be an exemption certificate
issued by the Premier under section 9
as substituted by Part 2 of the
Subordinate Legislation Amendment
Act 2010; and
10 (b) has full force and effect despite not
being accompanied by the Minister's
written reasons under section 9(2)(b) or
not including the reason for the
exemption under section 9(3)(a).
15 (4) If a statutory rule has been made before
1 January 2011 but section 15 as in force
immediately before 1 January 2011 has not
been complied with before that date--
(a) section 15 as amended by Part 2 of the
20 Subordinate Legislation Amendment
Act 2010 and section 15A must be
complied with; and
(b) for that purpose, any certificate or other
documentation required by this Act
25 which was prepared before 1 January
2011 is taken to comply with this Act
as amended.
(5) If, before 1 January 2011, a regulatory
impact statement has been prepared in
30 accordance with Part 2 as in force
immediately before 1 January 2011 for a
proposed statutory rule but that statutory rule
is not made before 1 January 2011, the
regulatory impact statement prepared in
35 accordance with Part 2 as in force
immediately before 1 January 2011 is taken
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Part 2--General Amendments
s. 23
to comply with this Act as amended by
Part 2 of the Subordinate Legislation
Amendment Act 2010 for the purposes of
the statutory rule to which it relates.".
5 23 Guidelines
In Schedule 1 to the Principal Act, in clause 6, for
"an appreciable cost or" substitute "a significant
economic or social".
24 Consequential amendments to other Acts
10 An Act specified in a heading to an item in
Schedule 1 is amended as set out in that item.
__________________
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Subordinate Legislation Amendment Bill 2010
Part 3--Amendments Relating to Legislative Instruments
s. 25
PART 3--AMENDMENTS RELATING TO LEGISLATIVE
INSTRUMENTS
25 Definitions
(1) Insert the following definitions in section 3 of the
5 Principal Act--
"instrument maker, in relation to a legislative
instrument or proposed legislative
instrument, means the entity empowered to
make that instrument under the authorising
10 Act;
legislative instrument means an instrument made
under an Act or statutory rule that is of a
legislative character but does not include--
(a) a statutory rule; or
15 (b) a local law made under Part 5 of the
Local Government Act 1989 and any
other instrument made by a council
under that Act or any other Act; or
(c) a proclamation of commencement of an
20 Act or any provision of an Act; or
(d) a planning scheme or an amendment to
a planning scheme under the Planning
and Environment Act 1987; or
(e) the Victoria Planning Provisions within
25 the meaning of the Planning and
Environment Act 1987; or
(f) a practice note or practice direction
issued by or on behalf of a court or
tribunal or an instrument which relates
30 only to a court or tribunal or the
procedure, practice or costs of a court
or tribunal; or
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Part 3--Amendments Relating to Legislative Instruments
s. 25
(g) an instrument of purely administrative
character; or
(h) a prescribed instrument or a prescribed
class of instrument;
5 public sector body has the same meaning as it has
in the Public Administration Act 2004;".
(2) At the end of section 3 of the Principal Act
insert--
"(2) For the avoidance of doubt, but without
10 limiting paragraph (g) of the definition of
legislative instrument, instruments of purely
administrative character for the purposes of
this Act include, but are not limited to, the
following--
15 (a) an instrument of delegation;
(b) an evidentiary certificate;
(c) an instrument of appointment or an
instrument which changes conditions or
terms of appointment;
20 (d) an instrument which has the sole
purpose of giving notice of the making
of another instrument;
(e) an instrument which grants, renews,
varies, transfers, suspends or cancels a
25 lease, licence or permit that authorises a
specified entity to do any act or not to
do any act or an instrument refusing to
grant, renew, vary or transfer such a
lease, licence or permit;
30 (f) an instrument that registers a specified
entity or an instrument refusing to
register a specified entity;
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Part 3--Amendments Relating to Legislative Instruments
s. 25
(g) an instrument that renews, varies,
transfers, suspends or cancels a
registration of a specified entity or an
instrument refusing to renew, vary,
5 transfer, suspend or cancel a
registration of a specified entity;
(h) an instrument imposing conditions on a
lease, licence, permit or registration
held by a specified entity;
10 (i) an instrument for the principal purpose
of taking disciplinary or enforcement
action to ensure compliance with an
Act, subordinate instrument or any
other law.".
15 (3) In section 3 of the Principal Act--
(a) for the definition of amendment
substitute--
"amendment, in relation to a statutory rule or
legislative instrument, means the
20 insertion, omission or substitution of
words or expressions in the statutory
rule or legislative instrument by another
statutory rule, legislative instrument,
other subordinate instrument or by an
25 Act;";
(b) for the definition of authorising Act
substitute--
"authorising Act means the Act or provision
of an Act under which a statutory rule
30 or a proposed statutory rule or a
legislative instrument or a proposed
legislative instrument is, or is to be,
made or purports to be made;";
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(c) for the definition of compliance certificate
substitute--
"compliance certificate means a certificate
issued by the responsible Minister--
5 (a) in relation to a statutory rule or
proposed statutory rule, under
section 10(4);
(b) in relation to a legislative
instrument or proposed legislative
10 instrument, under section 12H;";
(d) for the definition of exemption certificate
substitute--
"exemption certificate means a certificate
issued--
15 (a) in relation to a proposed statutory
rule, by the responsible Minister
under section 8(1) or the Premier
under section 9;
(b) in relation to a proposed
20 legislative instrument, by the
responsible Minister under
section 12F or the Premier under
section 12G;";
(e) for the definition of human rights certificate
25 substitute--
"human rights certificate means a certificate
issued by the responsible Minister--
(a) in relation to a proposed statutory
rule, under section 12A(1); or
30 (b) in relation to a proposed
legislative instrument, under
section 12D(1);";
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(f) for the definition of human rights
exemption certificate substitute--
"human rights exemption certificate means
a certificate issued by the responsible
5 Minister--
(a) in relation to a proposed statutory
rule, under section 12A(3); or
(b) in relation to a proposed
legislative instrument, under
10 section 12D(3);";
(g) for the definition of responsible Minister
substitute--
"responsible Minister means the Minister
administering the authorising Act under
15 which--
(a) a statutory rule or a legislative
instrument is made; or
(b) a proposed statutory rule or a
proposed legislative instrument is
20 to be made;".
26 New section 3A inserted
After section 3 of the Principal Act insert--
"3A Transitional period--legislative
instruments
25 For a period of 2 years from 1 July 2011, any
legislative instrument made during that
period is not invalid merely because of a
failure--
(a) to characterise or identify that
30 instrument as a legislative instrument;
and
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(b) to comply with the requirements of this
Act applying to legislative
instruments.".
27 New section 4A inserted
5 After section 4 of the Principal Act insert--
"4A Prescribing instrument to be a legislative
instrument or to be exempt
(1) The Governor in Council may make
regulations under this Act--
10 (a) prescribing an instrument or a class of
instrument for the purposes of
paragraph (h) of the definition of
legislative instrument;
(b) prescribing an instrument or a class of
15 instrument to be, or not to be, a
legislative instrument or class of
legislative instrument for the purposes
of this Act or any specified provision or
provisions of this Act, whether or not
20 subject to conditions;
(c) exempting an instrument or a class of
instrument that is a legislative
instrument from the operation of this
Act or any specified provision or
25 specified provisions of this Act,
whether or not subject to conditions.
(2) If an instrument or a class of instrument is
prescribed to be a legislative instrument or
legislative instruments--
30 (a) this Act applies to the instrument or
class of instrument; and
(b) subject to this Act, any provision of the
authorising Act under which the
instrument or class of instrument is
35 made which is inconsistent with, or
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duplicates, any provision of this Act
does not apply to the instrument or
class of instrument.
(3) If an instrument or a class of instrument is
5 prescribed as exempt--
(a) the specified provision or provisions of
this Act from which the instrument is
prescribed to be exempt does not, or do
not, apply to the instrument or class of
10 instrument; and
(b) unless provision is made to the contrary
by the authorising Act under which it is
made, the instrument or a provision of
it comes into operation--
15 (i) at the beginning of the day on
which the instrument is published
in the Government Gazette; or
(ii) at the beginning of a later day that
is expressed in the instrument as
20 the day on which the instrument or
provision (as the case requires)
comes into operation.".
28 Exemption certificates
After section 8(1)(e)(iii) of the Principal Act
25 insert--
"(iv) only prescribes under section 4A(1)(a) an
instrument or a class of instrument for the
purposes of paragraph (h) of the definition of
legislative instrument; or
30 (v) only prescribes under section 4A(1)(b) an
instrument or a class of instrument to be, or
not to be, a legislative instrument or class of
legislative instrument for the purposes of this
Act or any specified provision or provisions
35 of this Act; or
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(vi) only exempts under section 4A(1)(c) an
instrument or a class of instrument from the
operation of this Act or any specified
provision of this Act; or".
5 29 Human rights certificate
After section 12A(3)(b)(ii) of the Principal Act
insert--
"(iia) prescribes under section 4A(1)(a) an
instrument or a class of instrument for the
10 purposes of paragraph (h) of the definition of
legislative instrument; or
(iib) prescribes under section 4A(1)(b) an
instrument or a class of instrument to be, or
not to be, a legislative instrument or class of
15 legislative instrument for the purposes of this
Act or any specified provision or provisions
of this Act; or".
30 Part 2A inserted
After Part 2 of the Principal Act insert--
20 "PART 2A--PREPARATION OF LEGISLATIVE
INSTRUMENTS
12C Consultation--legislative instruments
The responsible Minister must ensure that
where the guidelines require consultation--
25 (a) there is consultation in accordance with
the guidelines with any other Minister
whose area of responsibility may be
affected by a proposed legislative
instrument so as to avoid any overlap or
30 conflict with any other existing or
proposed statutory rule, legislative
instrument or other legislation;
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(b) there is consultation in accordance with
the guidelines with any sector of the
public on which a significant economic
or social burden may be imposed by a
5 proposed legislative instrument so that
the need for, and the scope of, the
proposed legislative instrument is
considered;
(c) a certificate of consultation in
10 accordance with the guidelines is issued
for the proposed legislative instrument.
12D Human rights certificate--legislative
instruments
(1) The responsible Minister must ensure that a
15 human rights certificate is prepared in
respect of a proposed legislative instrument
unless the proposed legislative instrument is
exempted under subsection (3).
(2) A human rights certificate for a legislative
20 instrument must--
(a) certify whether, in the opinion of the
responsible Minister, the proposed
legislative instrument does or does not
limit any human right set out in the
25 Charter of Human Rights and
Responsibilities; and
(b) if it certifies that, in the opinion of the
responsible Minister, the proposed
legislative instrument does limit a
30 human right set out in the Charter of
Human Rights and Responsibilities, set
out--
(i) the nature of the human right
limited; and
35 (ii) the importance of the purpose of
the limitation; and
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(iii) the nature and extent of the
limitation; and
(iv) the relationship between the
limitation and its purpose; and
5 (v) any less restrictive means
reasonably available to achieve
the purpose that the limitation
seeks to achieve.
(3) Subsection (1) does not apply if the
10 responsible Minister certifies in writing that,
in the Minister's opinion, the proposed
legislative instrument is of not more than
12 months duration and is necessary to
respond to--
15 (a) a public emergency; or
(b) an urgent public health issue or an
urgent public safety issue; or
(c) likely or actual significant damage to
the environment, resource sustainability
20 or the economy.
12E Regulatory impact statement to be
prepared for legislative instruments
(1) Subject to subsection (2), the responsible
Minister must ensure that a regulatory
25 impact statement is prepared by or on behalf
of the instrument maker for a proposed
legislative instrument.
(2) If the Governor in Council is the instrument
maker for a proposed legislative instrument,
30 the Governor in Council is not required to
prepare a regulatory impact statement and
the responsible Minister must ensure that a
regulatory impact statement is prepared for
the proposed legislative instrument.
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(3) Subsections (1) and (2) do not apply if an
exemption certificate is issued for the
proposed legislative instrument.
12F Exemption certificates--legislative
5 instruments
(1) The responsible Minister may issue an
exemption certificate in writing certifying
that, in the opinion of the Minister--
(a) the proposed legislative instrument
10 would not impose a significant
economic or social burden on a sector
of the public; or
(b) the proposed legislative instrument is of
a fundamentally declaratory or
15 machinery nature; or
(c) the proposed legislative instrument only
increases fees in respect of a financial
year by an amount not exceeding the
annual rate approved by the Treasurer
20 in relation to the State Budget for the
purposes of section 8; or
(d) the proposed legislative instrument
would only impose a burden on a
public sector body; or
25 (e) the proposed legislative instrument is
an order made under the
Administrative Arrangements Act
1983; or
(f) the proposed legislative instrument is
30 required under a national uniform
legislation scheme and an assessment
of costs and benefits has been
undertaken under that scheme; or
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(g) the proposed legislative instrument is
required to undergo, or has undergone,
an analytical and consultation process
which, in the opinion of the responsible
5 Minister, is equivalent to the process
for a regulatory impact statement
required under section 12E; or
(h) the proposed legislative instrument is of
not more than 12 months duration and
10 is necessary to respond to--
(i) a public emergency; or
(ii) an urgent public health issue or an
urgent public safety issue; or
(iii) likely or actual significant damage
15 to the environment, resource
sustainability or the economy; or
(i) the proposed legislative instrument
deals with administration or procedures
within or as between--
20 (i) Departments or declared
authorities within the meaning of
the Public Administration Act
2004; or
(ii) Departments within the meaning
25 of the Parliamentary
Administration Act 2005; or
(j) notice of the proposed legislative
instrument would render the proposed
legislative instrument ineffective or
30 would unfairly advantage or
disadvantage any person likely to be
affected by the proposed legislative
instrument; or
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(k) the proposed legislative instrument is
made under a statutory rule and the
regulatory impact statement for that
statutory rule has adequately considered
5 the impact of the proposed legislative
instrument.
(2) For the purposes of subsection (1)(c), in
calculating the amount of an increase the
amount is deemed to have been calculated in
10 accordance with subsection (1)(c) if the
calculation is made to the nearest whole $1.
(3) An exemption certificate must specify the
reasons for the exemption.
12G Premier's exemption certificate--
15 legislative instruments
(1) The Premier may issue a certificate in
writing that, in the Premier's opinion, in the
special circumstances of the case the public
interest requires that the proposed legislative
20 instrument be made without complying with
section 12E.
(2) The Premier must not issue an exemption
certificate unless--
(a) the proposed legislative instrument is to
25 expire on or before the day which is
12 months after the first day on which
any provision of the legislative
instrument is to come into operation;
and
30 (b) the relevant responsible Minister has
given the Premier written reasons why
the public interest requires that the
proposed legislative instrument be
made without complying with
35 section 12E.
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(3) An exemption certificate issued under
subsection (1) must--
(a) specify the reasons for the exemption;
and
5 (b) be signed by the Premier; and
(c) be dated with the date of signing.
12H Content of regulatory impact
statements--legislative instruments
(1) A regulatory impact statement for a proposed
10 legislative instrument must include--
(a) a statement of the objectives of the
proposed legislative instrument;
(b) a statement explaining the effect of the
proposed legislative instrument,
15 including, in the case of a proposed
legislative instrument which amends an
existing legislative instrument, the
effect on the operation of the existing
legislative instrument;
20 (c) in the case of a proposed legislative
instrument which amends fees in a
legislative instrument, a table
comparing the proposed fees and
existing fees, including an indication of
25 the percentage increase or decrease for
each fee;
(d) a statement of other practicable means
of achieving those objectives, including
other regulatory as well as
30 non-regulatory options;
(e) an assessment of the costs and benefits
of the proposed legislative instrument
and of any other practicable means of
achieving the same objectives;
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(f) the reasons why the other means are not
appropriate;
(g) any other matters specified by the
guidelines;
5 (h) a draft copy of the proposed legislative
instrument.
(2) The assessment of the costs and benefits
must include an assessment of the economic,
environmental and social impact and the
10 likely administration and compliance costs
including resource allocation costs.
(3) The responsible instrument maker must
ensure that independent advice as to the
adequacy of the regulatory impact statement
15 and of the assessment included in the
regulatory impact statement is obtained and
considered in accordance with the
guidelines.
(4) Before a legislative instrument for which a
20 regulatory impact statement is required is
made, the responsible Minister must give a
certificate in writing specifying--
(a) that the requirements relating to
regulatory impact statements for
25 legislative instruments in this Act and
the guidelines have been complied
with; and
(b) that in his or her opinion the regulatory
impact statement prepared by the
30 instrument maker adequately assesses
the likely impact of the proposed
legislative instrument.
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12I Comments and submissions
(1) Subject to subsection (2), if a regulatory
impact statement has been prepared for a
proposed legislative instrument, the
5 responsible instrument maker must ensure
that a notice in accordance with subsection
(3) is published in--
(a) the Government Gazette; and
(b) a daily newspaper circulating generally
10 throughout Victoria; and
(c) if the responsible instrument maker
considers it appropriate, in such trade,
professional or public interest
publications as the responsible
15 instrument maker determines.
(2) If the Governor in Council is the instrument
maker for a proposed legislative instrument,
the responsible Minister must ensure that the
notice required by subsection (1) is
20 published in accordance with that subsection.
(3) A notice must--
(a) state the reason for, and the objectives
of, the proposed legislative instrument;
(b) summarise the results of the regulatory
25 impact statement;
(c) specify where a copy of the regulatory
impact statement and of the proposed
legislative instrument can be obtained;
(d) invite public comments or submissions
30 within the time specified in the notice,
being not less than 28 days from the
publication of the notice.
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(4) The responsible instrument maker, or if the
Governor in Council is the instrument maker,
the responsible Minister, must ensure that all
comments and submissions are considered
5 before the legislative instrument is made.
12J Notice of decision
(1) Subject to subsection (2), if a regulatory
impact statement has been prepared for a
proposed legislative instrument, the
10 responsible instrument maker must ensure
that a notice advising of the decision to make
or not to make the proposed legislative
instrument is published in--
(a) the Government Gazette; and
15 (b) a daily newspaper circulating generally
throughout Victoria.
(2) If the Governor in Council is the instrument
maker for a proposed legislative instrument,
the responsible Minister must ensure that the
20 notice required by subsection (1) is
published in accordance with that subsection.
(3) Notice of a decision not to make a proposed
legislative instrument must be published as
soon as practicable after the decision has
25 been made.
(4) Notice of a decision to make a proposed
legislative instrument must be published
before the proposed legislative instrument is
made.
30 (5) A failure to comply with subsection (1), (2),
(3) or (4) does not affect the operation or
effect of the legislative instrument but the
Scrutiny Committee may report the failure to
each House of the Parliament.
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12K Certificates and composite certificates
(1) A certificate issued under this Part must be--
(a) signed by the responsible Minister
issuing the certificate; and
5 (b) dated with the date of signing.
(2) A certificate issued under this Part may be a
composite certificate which incorporates the
certificates required by sections 12C, 12F
and 12H or any combination of those
10 certificates.
__________________".
31 Part 3A inserted
After Part 3 of the Principal Act insert--
"PART 3A--TABLING AND PUBLICATION OF
15 LEGISLATIVE INSTRUMENTS
16A Legislative instrument to be published in
the Government Gazette
(1) Subject to subsections (2) and (3), after the
making of a legislative instrument, the
20 instrument must be published in full--
(a) in the next general edition of the
Government Gazette; or
(b) in a special edition of the Government
Gazette within 10 working days after
25 the making of the legislative
instrument.
(2) If, in accordance with the guidelines, a
legislative instrument is unsuitable to be
published in full, notice of the making of the
30 legislative instrument and where it is
available must be published--
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(a) in the next general edition of the
Government Gazette; or
(b) a special edition of the Government
Gazette within 10 working days after
5 the making of the legislative
instrument.
16B Legislative instruments and related
documents to be laid before Parliament
(1) On or before the 6th sitting day after a
10 legislative instrument has been published in
the Government Gazette under section 16A,
a copy of the legislative instrument must be
laid before each House of the Parliament.
(2) If any of the following documents have been
15 issued or given in respect of the legislative
instrument under Part 2A, a copy of the
document must be laid before each House of
the Parliament with the legislative
instrument--
20 (a) a certificate issued under section 12C;
(b) an exemption certificate;
(c) a compliance certificate under
section 12H;
(d) a human rights certificate;
25 (e) a human rights exemption certificate.
(3) A failure to comply with subsection (1) or
(2) does not affect the operation or effect of
the legislative instrument but the Scrutiny
Committee may report the failure to each
30 House of the Parliament.
(4) A copy of each legislative instrument laid
under subsection (1) must as soon as
possible after being so laid be posted or
delivered to each member of Parliament who
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s. 31
has requested a copy of that legislative
instrument.
16C Legislative instrument and accompanying
documents to be sent to Scrutiny
5 Committee
(1) When a legislative instrument is made, the
responsible Minister must ensure that a copy
of each of the following is given to the
Scrutiny Committee--
10 (a) the legislative instrument;
(b) any applicable document referred to in
section 16B(2) relating to the
legislative instrument;
(c) if an exemption certificate has been
15 issued under section 12G by the
Premier, the reasons given by the
relevant responsible Minister to the
Premier as to why the public interest
requires that the proposed legislative
20 instrument be made without complying
with section 12E;
(d) if a regulatory impact statement has
been prepared--
(i) the regulatory impact statement
25 for the legislative instrument; and
(ii) a copy of all comments and
submissions received.
(2) The documents referred to in subsection (1)
must be given to the Scrutiny Committee no
30 later than the later of--
(a) 10 working days after the making of the
legislative instrument; or
(b) 10 working days after the establishment
of the Committee.
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(3) A failure to comply with subsection (1)
or (2) does not affect the operation or effect
of the legislative instrument.
16D Compliance with this Part and
5 requirements of authorising Act--
publication in Government Gazette
(1) If the authorising Act for a legislative
instrument requires publication in the
Government Gazette of the instrument,
10 compliance with the requirements of that
authorising Act is taken to be compliance
with section 16A(1).
(2) If the authorising Act for a legislative
instrument requires publication in the
15 Government Gazette of the instrument within
a time period that is shorter than that
required by this Part, compliance with the
requirements of that authorising Act is taken
to be compliance with this Part.
20 (3) If the authorising Act for a legislative
instrument requires publication in the
Government Gazette of the instrument within
a time period that is longer than that required
by this Part--
25 (a) the instrument maker must comply with
the time period in this Part; and
(b) this Part prevails over the requirements
of that authorising Act to the extent of
any inconsistency.
30 (4) Subject to section 16A(2), if the authorising
Act for a legislative instrument requires
publication in the Government Gazette of a
notice of the making of the instrument,
compliance with the requirements of that
35 authorising Act is not sufficient compliance
with section 16A(1).
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Note
An authorising Act may require a notice of the
making of a legislative instrument to be published in
the Government Gazette. Publication of that notice of
5 making under that Act does not relieve the instrument
maker from the obligation to publish the legislative
instrument in full in the Government Gazette to
comply with section 16A(1), unless section 16A(2)
applies.
10 16E Compliance with this Part and
requirements of authorising Act--tabling
in Parliament
(1) If the authorising Act for a legislative
instrument requires a copy of the legislative
15 instrument to be laid before each House of
the Parliament on or before the 6th sitting
day after the legislative instrument has been
published in the Government Gazette, or
within a shorter time period, compliance
20 with the requirements of that authorising Act
is taken to be compliance with
section 16B(1).
(2) If the authorising Act for a legislative
instrument requires a copy of the legislative
25 instrument to be laid before each House of
the Parliament within a longer time period
than that required by this Part--
(a) the instrument maker must comply with
the time period in this Part; and
30 (b) this Part prevails over the requirements
of that authorising Act to the extent of
any inconsistency.
__________________".
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32 Part 4 heading amended
In the heading to Part 4 of the Principal Act, after
"AVAILABILITY" insert "OF STATUTORY
RULES".
5 33 Part 5 heading amended
In the heading to Part 5 of the Principal Act, after
"DISALLOWANCE" insert "OF
STATUTORY RULES".
34 New Part 5A inserted
10 After Part 5 of the Principal Act insert--
"PART 5A--SCRUTINY, SUSPENSION AND
DISALLOWANCE OF LEGISLATIVE
INSTRUMENTS
25A Review of legislative instruments by the
15 Scrutiny Committee
(1) The Scrutiny Committee may report to each
House of the Parliament if the Scrutiny
Committee considers that any legislative
instrument laid before Parliament--
20 (a) does not appear to be within the powers
conferred by the authorising Act or the
statutory rule under which it is made;
(b) without clear and express authority
being conferred by the authorising Act
25 or the statutory rule under which it is
made--
(i) has a retrospective effect; or
(ii) imposes any tax, fee, fine,
imprisonment or other penalty; or
30 (iii) purports to shift the legal burden
of proof to a person accused of an
offence; or
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(iv) provides for the subdelegation of
powers delegated by the
authorising Act or the statutory
rule under which it is made;
5 (c) is incompatible with the human rights
set out in the Charter of Human Rights
and Responsibilities;
(d) has been prepared in contravention of
any of the provisions of this Act or of
10 the guidelines with respect to
legislative instruments and the
contravention is of a substantial or
material nature.
(2) A report of the Scrutiny Committee under
15 this section may contain any
recommendations that the Scrutiny
Committee considers appropriate, including
a recommendation that a legislative
instrument should be--
20 (a) disallowed in whole or in part; or
(b) amended as suggested in the report.
25B Suspension of legislative instrument or
part of an instrument
(1) If the Scrutiny Committee--
25 (a) proposes under section 25A to
recommend that a legislative instrument
should be--
(i) disallowed in whole or in part; or
(ii) amended; and
30 (b) is of the opinion that considerations of
justice and fairness require that the
operation of the legislative instrument
or any part of the legislative instrument
should be suspended pending the
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consideration by the Parliament of the
legislative instrument--
the Scrutiny Committee may propose in the
report under section 25A that the operation
5 of the legislative instrument or part of the
legislative instrument be suspended.
(2) If the Scrutiny Committee proposes that the
operation of a legislative instrument or part
of a legislative instrument be suspended--
10 (a) the Scrutiny Committee must forthwith
send a copy of the report to the
responsible Minister, the Governor in
Council and the instrument maker; and
(b) subject to subsection (3), the operation
15 of the legislative instrument or part of a
legislative instrument is suspended at
the end of the period of 7 days after the
sending of the report to the Governor in
Council until the end of the period
20 during which the legislative instrument
or part of the legislative instrument
could be disallowed under section 25C.
(3) The Governor in Council, on the
recommendation of the responsible Minister
25 made within the period of 7 days referred to
in subsection (2), may by Order published in
the Government Gazette declare that the
operation of the legislative instrument or part
of the legislative instrument is not
30 suspended.
(4) As from the date on which the Order is
published, the provision in a report of the
Scrutiny Committee providing for the
suspension ceases to have any force or
35 effect.
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Part 3--Amendments Relating to Legislative Instruments
s. 34
(5) While the operation of a legislative
instrument or part of the legislative
instrument is suspended under this section,
the legislative instrument is deemed not to
5 have been made or to have been made
without that part.
25C Disallowance
(1) This section applies to a legislative
instrument if--
10 (a) the authorising Act under which the
legislative instrument is made states
that the legislative instrument is subject
to disallowance by the Parliament or by
a House of the Parliament; or
15 (b) in a report under section 25A, the
Scrutiny Committee has recommended
that the legislative instrument be
disallowed in whole or in part; or
(c) there was a failure to comply with
20 section 16B(1) and the Scrutiny
Committee has reported that failure to
each House of the Parliament.
(2) A legislative instrument to which this section
applies is disallowed in whole or in part if--
25 (a) a notice of a resolution to disallow the
legislative instrument is given in a
House of the Parliament--
(i) on or before the 18th sitting day of
that House after the instrument is
30 laid before that House; or
(ii) in the case of failure to comply
with section 16B(1) in respect of a
legislative instrument, on or
before the 24th sitting day of that
35 House after--
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(A) the legislative instrument has
been published in the
Government Gazette under
section 16A(1); or
5 (B) if section 16A(2) applies,
notice of making and
availability has been
published in the Government
Gazette; and
10 (b) the resolution is passed by that House
on or before the 12th sitting day of that
House after the giving of the notice of
the resolution.
(3) Notice of a resolution to disallow a
15 legislative instrument may be expressed to
apply to the whole or to any part of the
legislative instrument.
(4) A resolution to disallow the whole or any
part of a legislative instrument has effect
20 according to its tenor.
(5) If a House of the Parliament is prorogued or
the Legislative Assembly is dissolved--
(a) the prorogation or dissolution does not
affect the power of the House to pass a
25 resolution disallowing a legislative
instrument; and
(b) the calculation of sitting days of the
House is to be made as if there had
been no prorogation or dissolution.
30 25D Effect of disallowance
(1) Subject to subsection (2), if a legislative
instrument or a part of a legislative
instrument is disallowed by the Parliament or
by a House of the Parliament, the
35 disallowance has the same effect as a
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Part 3--Amendments Relating to Legislative Instruments
s. 34
revocation of the legislative instrument or
part, as the case requires.
(2) If a legislative instrument or a part of a
legislative instrument is disallowed by the
5 Parliament or by a House of the
Parliament--
(a) any statutory rule, legislative
instrument or Act or part of a statutory
rule, legislative instrument or Act that
10 had been revoked or repealed by the
disallowed legislative instrument or
part is revived as from the beginning of
the day on which the legislative
instrument or part was disallowed; and
15 (b) any statutory rule, legislative
instrument or Act that had been
amended by the disallowed legislative
instrument or part takes effect without
that amendment as from the beginning
20 of the day on which the legislative
instrument or part was disallowed in all
respects as if the disallowed legislative
instrument or part had not been made.
25E Clerk to publish notice of disallowance
25 If a legislative instrument, or part of a
legislative instrument, is disallowed, the
Clerk of the Parliaments must cause notice of
the disallowance to be published in the
Government Gazette.
30 __________________".
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Part 3--Amendments Relating to Legislative Instruments
s. 35
35 Guidelines
(1) After section 26(1)(a) of the Principal Act
insert--
"(ab) the preparation, content, publication and
5 availability of legislative instruments; and".
(2) In section 26(1)(b) and (3)(b) of the Principal Act
after "rules" insert "and legislative instruments".
36 Advisory role of Scrutiny Committee
In section 27(a) of the Principal Act after "4(1)"
10 insert "and 4A(1)".
37 Regulations
At the end of section 28 of the Principal Act
insert--
"(2) Regulations made under this Act--
15 (a) may be of general or limited
application;
(b) may differ according to differences in
time, place or circumstance;
(c) may be subject to any conditions
20 specified in the regulations;
(d) may exempt specified statutory rules or
legislative instruments or any class of
statutory rule or legislative instrument
from complying with all or any of the
25 regulations or any provision of this Act;
(e) may exempt specified persons or
classes of person from complying with
all or any of the regulations or any
provision of this Act in relation to
30 statutory rules, legislative instruments
or any class of statutory rule or class of
legislative instrument.".
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Part 3--Amendments Relating to Legislative Instruments
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38 Matter to be included in guidelines
(1) In Schedule 1 to the Principal Act--
(a) in clause 1, after "rules" insert "or legislative
instruments";
5 (b) in clauses 2, 3, 4, 5 and 6 after "rule"
(wherever occurring) insert "or legislative
instrument";
(c) in clause 7, after "rule" insert "or legislative
instrument";
10 (d) in clause 8, after "rules" insert "or legislative
instruments";
(e) in clause 9, omit "and the provision of
statutory rules to the Scrutiny Committee".
(2) After clause 9 of Schedule 1 to the Principal Act
15 insert--
"10. Guidelines as to the printing and submission
of legislative instruments to the Governor in
Council or other instrument maker.
11. Guidelines as to the provision of statutory
20 rules and legislative instruments to the
Scrutiny Committee.
12. Guidelines as to determining whether an
instrument is a legislative instrument.
13. Guidelines relating to certificates under
25 Part 2 and Part 2A.".
__________________
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Part 4--General
s. 39
PART 4--GENERAL
39 New section 36 inserted
At the end of Part 8 of the Principal Act insert--
"36 Regulations dealing with transitional
5 matters--Subordinate Legislation
Amendment Act 2010
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
10 application or savings nature, arising as a
result of the enactment of the Subordinate
Legislation Amendment Act 2010
(including the repeals and amendments made
by that Act).
15 (2) Regulations made under this section may--
(a) have a retrospective effect to a day on
or from the date that the Subordinate
Legislation Amendment Act 2010
receives the Royal Assent; and
20 (b) be of limited or general application; and
(c) leave any matter or thing to be decided
by a specified person or class of person;
and
(d) provide for the exemption of persons or
25 instruments or a class of persons or
instruments from any of the regulations
made under this section.
(3) Regulations under this section have effect
despite anything to the contrary--
30 (a) in any Act (other than this Act, the
Charter of Human Rights and
Responsibilities Act 2006 or the
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Part 4--General
s. 40
Subordinate Legislation Amendment
Act 2010); or
(b) in any subordinate instrument.".
40 Repeal of amending Act
5 This Act is repealed on 1 July 2012.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
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Sch. 1
SCHEDULES
SCHEDULE 1
Section 24
CONSEQUENTIAL AMENDMENTS RELATING TO
5 REFERENCES TO REPEALED SUBORDINATE
LEGISLATION ACT 1962
1 Accident Compensation Act 1985
1.1 In section 253(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
10 Legislation Act 1962 which disallowance is
deemed disallowance by the Parliament for the
purposes of that Act".
2 Agricultural and Veterinary Chemicals (Control of
Use) Act 1992
15 2.1 In section 76(6) omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
2.2 Section 76(7) is repealed.
3 Australian Grands Prix Act 1994
20 3.1 In section 51(3) omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
3.2 Section 51(4) is repealed.
4 Cancer Act 1958
25 4.1 In section 62(11) omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
4.2 Section 62(12) is repealed.
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5 Catchment and Land Protection Act 1994
5.1 In section 95(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
5 5.2 Section 95(4) is repealed.
6 Control of Weapons Act 1990
6.1 In section 12(2) omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
10 6.2 Section 12(3) is repealed.
7 Corporations (Victoria) Act 1990
7.1 In section 80(6), for "section 6A(2) of the
Subordinate Legislation Act 1962" substitute
"section 24(2) of the Subordinate Legislation
15 Act 1994".
8 Country Fire Authority Act 1958
8.1 In section 110(2AA), omit "in accordance with
the requirements of section 6(2) of the
Subordinate Legislation Act 1962, which
20 disallowance shall be deemed disallowance by
Parliament for the purposes of that Act".
9 Courts (Case Transfer) Act 1991
9.1 For section 34(3) substitute--
"(3) Rules may be disallowed in whole or in part
25 by resolution of either House of the
Parliament in accordance with the
Subordinate Legislation Act 1994.".
10 Docklands Act 1991
10.1 For section 55(6) substitute--
30 "(6) Sections 15, 23, 24 and 25 of the
Subordinate Legislation Act 1994 apply to
a by-law as if--
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Sch. 1
(a) the by-law were a statutory rule within
the meaning of that Act; and
(b) the by-law had been published in the
Government Gazette for the purposes
5 of section 15 of that Act on the date on
which the by-law was published in the
Government Gazette under
subsection (1).".
10.2 In section 55(7), omit "in accordance with the
10 requirements of section 6(2) of the Subordinate
Legislation Act 1962".
10.3 Section 55(8) is repealed.
10.4 In section 56(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
15 Legislation Act 1962".
10.5 Section 56(4) is repealed.
11 Domestic Animals Act 1994
11.1 In section 100(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
20 Legislation Act 1962".
11.2 Section 100(4) is repealed.
12 Emergency Services Superannuation Act 1986
12.1 In section 31(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
25 Legislation Act 1962".
13 Environment Protection Act 1970
13.1 In section 71(4), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
30 13.2 Section 71(5) is repealed.
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14 Flora and Fauna Guarantee Act 1988
14.1 In section 69(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
5 14.2 Section 69(4) is repealed.
15 Health Services Act 1988
15.1 In section 158(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
10 15.2 Section 158(4) is repealed.
16 House Contracts Guarantee Act 1987
16.1 In section 33(4), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
15 16.2 Section 33(5) is repealed.
17 Livestock Disease Control Act 1994
17.1 In section 139(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
20 17.2 Section 139(4) is repealed.
18 Marine Act 1988
18.1 In section 108(5), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
25 18.2 Section 108(6) is repealed.
18.3 In section 109(5), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
18.4 Section 109(6) is repealed.
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19 Meat Industry Act 1993
19.1 In section 78(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962, which disallowance shall
5 be deemed disallowance by the Parliament for the
purposes of that Act".
20 Mineral Resources (Sustainable Development)
Act 1990
20.1 In section 124(4), omit "in accordance with the
10 requirements of section 6(2) of the Subordinate
Legislation Act 1962".
20.2 Section 124(5) is repealed.
21 Museums Act 1983
21.1 In section 31(3), omit "in accordance with the
15 requirements of section 6(2) of the Subordinate
Legislation Act 1962".
21.2 Section 31(4) is repealed.
22 Partnership Act 1958
22.1 In section 80(3) omit "in accordance with the
20 requirements of section 6(2) of the Subordinate
Legislation Act 1962".
22.2 Section 80(4) is repealed.
23 Petroleum (Submerged Lands) Act 1982
23.1 In section 152(5), omit "in accordance with the
25 requirements of section 6(2) of the Subordinate
Legislation Act 1962".
23.2 Section 152(6) is repealed.
24 Private Agents Act 1966
24.1 In section 51(2), omit "in accordance with the
30 requirements of section 6(2) of the Subordinate
Legislation Act 1962".
24.2 Section 51(3) is repealed.
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25 Royal Botanic Gardens Act 1991
25.1 In section 51(3) omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962, and that disallowance is
5 deemed to be disallowance by the Parliament for
the purposes of that Act".
26 Second-Hand Dealers and Pawnbrokers Act 1989
26.1 In section 31(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
10 Legislation Act 1962".
26.2 Section 31(4) is repealed.
27 State Electricity Commission Act 1958
27.1 In section 111(4), omit "in accordance with the
requirements of section 6(2) of the Subordinate
15 Legislation Act 1962".
27.2 Section 111(5) is repealed.
28 State Employees Retirement Benefits Act 1979
28.1 In section 72(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
20 Legislation Act 1962".
29 State Owned Enterprises Act 1992
29.1 In section 90(3), for "section 12 of the
Subordinate Legislation Act 1962" substitute
"section 11 of the Subordinate Legislation
25 Act 1994".
30 State Sport Centres Act 1994
30.1 In section 32(3) omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
30 30.2 Section 32(4) is repealed.
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31 State Superannuation Act 1988
31.1 In section 92(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
5 31.2 Section 92(4) is repealed.
32 Subdivision Act 1988
32.1 In section 43(4) omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
10 32.2 Section 43(5) is repealed.
33 Transport Superannuation Act 1988
33.1 In section 52(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
15 33.2 Section 52(4) is repealed.
34 Treasury Corporation of Victoria Act 1992
34.1 In section 44(2), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
20 34.2 Section 44(3) is repealed.
35 Victorian Funds Management Corporation Act 1994
35.1 In section 40(2) omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
25 35.2 Section 40(3) is repealed.
36 Water Act 1989
36.1 In section 324(5), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
30 36.2 Section 324(6) is repealed.
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37 Wildlife Act 1975
37.1 In section 85A(3), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
5 37.2 Section 85A(4) is repealed.
37.3 In section 86(5) for "5, 6 and 6A of the
Subordinate Legislation Act 1962" substitute
"15, 23, 24 and 25 of the Subordinate
Legislation Act 1994".
10 37.4 In section 86(6) for "5(1) of the Subordinate
Legislation Act 1962" substitute "15(1) of the
Subordinate Legislation Act 1994".
37.5 In section 86(7) omit "made in accordance with
section 6(2) of the Subordinate Legislation
15 Act 1962".
37.6 Section 86(8) is repealed.
37.7 In section 87(4A), omit "in accordance with the
requirements of section 6(2) of the Subordinate
Legislation Act 1962".
20 37.8 Section 87(4B) is repealed.
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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