Subordinate Legislation (Legislative Instruments) Amendment Regulations 2014

Subordinate Legislation (Legislative Instruments) Amendment Regulations 2014

S.R. No. 45/2014

table of provisions

RegulationPage

Part 1—Preliminary

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

Part 2—Schedule 1 Amendments

5Aboriginal Heritage Act 2006

6Education and Training Reform Act 2006

7Livestock Disease Control Act 1994

8Item 29 in Schedule 1 substituted

29Marine (Drug, Alcohol and Pollution Control) Act1988

9Item 30 in Schedule 1 substituted

30Marine Safety Act 2010

10New item 30A inserted in Schedule 1

30AMarine Safety Regulations 2012

11Item 36 in Schedule 1 amended

12New item 40A of Schedule 1 inserted

40APolice Regulation Act 1958

13Item 43 in Schedule 1 amended

14Project Development and Construction Management Act1994

15Schedule 1—Amendments relating to the Rail Safety Act2006

16Road Safety Act 1986

17Water Industry Act 1994

18New item 69A of Schedule 1 inserted

69AVictoria Police Act 2013

Part 3—Schedule 2 Amendments

19Education and Training Reform Act 2006

20Item 31 in Schedule 2 amended

21Road Safety Act 1986

22Water Act 1989

23New item 38 of Schedule 2 inserted

38Workplace Injury Rehabilitation and
Compensation Act2013

Part 4—Schedule 3 Amendments

24Aboriginal Heritage Act 2006

25Appeal Costs Act 1998

26Biological Control Act 1986

27Chattel Securities Act 1987

28Education and Training Reform Act 2006

29Electricity Industry Act 2000

30New item 40A inserted in Schedule 3

40AFire Services Property Levy Act 2012

31Fisheries Act 1995

32Legal Profession Act 2004

33Livestock Disease Control Act 1994

34Item 64 in Schedule 3 substituted

64Marine (Drug, Alcohol and Pollution Control) Act1988

35Item 65 in Schedule 3 substituted

65Marine Safety Act 2010

36New item 65A inserted in Schedule 3

65AMarine Safety Regulations 2012

37Port Management Act 1995

38Item 85 in Schedule 3 amended

39Item 95 in Schedule 3 amended

40Road Safety Road Rules 2009

41Road Safety (Traffic Management) Regulations 2009

42Road Safety (Vehicles) Regulations 2009

43Water Act 1989

44Water Industry Act 1994

45New item 125A of Schedule 3 inserted

125AWorkplace Injury Rehabilitation and
Compensation Act2013

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ENDNOTES

Part 4—Schedule 3 Amendments

Subordinate Legislation (Legislative Instruments) Amendment Regulations 2014

S.R. No. 45/2014

statutory rules 2014

S.R. No. 45/2014

Part 4—Schedule 3 Amendments

Subordinate Legislation (Legislative Instruments) Amendment Regulations 2014

S.R. No. 45/2014

Subordinate Legislation Act 1994

Part 4—Schedule 3 Amendments

Subordinate Legislation (Legislative Instruments) Amendment Regulations 2014

S.R. No. 45/2014

Subordinate Legislation (Legislative Instruments) Amendment Regulations 2014

Part 4—Schedule 3 Amendments

Subordinate Legislation (Legislative Instruments) Amendment Regulations 2014

S.R. No. 45/2014

The Governor in Council makes the following Regulations:

Dated: 27 May 2014

Responsible Minister:

DENIS NAPTHINE

Premier

YVETTE CARISBROOKE

Clerk of the Executive Council

Part 1—Preliminary

1Objective

The objective of these Regulations is to amend the Subordinate Legislation (Legislative Instruments) Regulations 2011—

(a)to prescribe certain instruments not to be legislative instruments for the purposes of the Subordinate Legislation Act 1994; and

(b)to exempt certain legislative instruments from the operation of specified provisions of that Act; and

(c)to make other miscellaneous amendments.

2Authorising provisions

r. 2

These Regulations are made under sections 4A and 28 of the Subordinate Legislation Act 1994.

3Commencement

(1)These Regulations (except regulation 18) come into operation on 27 May 2014.

(2)Regulation 18 comes into operation on 1 July 2014.

4Principal Regulations

In these Regulations, the Subordinate Legislation (Legislative Instruments) Regulations 2011[1] are called the Principal Regulations.

______

Part 2—Schedule 1 Amendments

5Aboriginal Heritage Act 2006

r. 5

Before item 1.1 in Schedule 1 to the Principal Regulations, insert—

"1.1AA A cultural heritage management plan prepared under Part 4.".

6Education and Training Reform Act 2006

(1)In item 17.5 in Schedule 1 to the Principal Regulations for "section 3.1.12(1)" substitute "section 3.1.11(2)".

(2)In item 17.6 in Schedule 1 to the Principal Regulations for "section 3.1.12(2)" substitute "section 3.1.11(3)".

(3)Items 17.7, 17.8 and 17.9 in Schedule 1 to the Principal Regulations are revoked.

(4)In item 17.14 in Schedule 1 to the Principal Regulations for "section 3.3.29(1)" substitute "section 3.3.28(2)".

(5)After item 17.23 in Schedule 1 to the Principal Regulations insert—

"17.24An Order under section 3.1.11(2)(c) for the purposes of section 3.1.26AA.

17.25A determination made under section5.4.15(1).

17.26An instrument made under section3.1.19(1)(d).".

7Livestock Disease Control Act 1994

r. 7

After item 27.2 in Schedule 1 to the Principal Regulations insert—

"27.3An order made under section 6(3A) in relation to any person or class of person.

27.4An order under section 21 of not more than 12 months duration.".

8Item 29 in Schedule 1 substituted

In Schedule 1 to the Principal Regulations, for item 29 substitute—

"29 Marine (Drug, Alcohol and Pollution Control) Act1988

29.1An approval under section 3(4).

29.2An Order under section 32(1)(a).

29.3A notice under section 45(1).

29.4An instrument that is a determination of tonnage for the purposes of item 15A of Schedule 4 to the Marine (Drug, Alcohol and Pollution Control) Act 1988.".

9Item 30 in Schedule 1 substituted

In Schedule 1 to the Principal Regulations, for item 30substitute—

"30 Marine Safety Act 2010

30.1A declaration made under section 203(3) in respect of a particular person or class of persons.

30.2A notice made under section 208(1) or (2) in respect of a particular person or class of persons or a particular vessel or class of vessels.

30.3A written determination of the Safety Director for the purposes of section 220(4) or(5).

30.4A written direction given under section232(1) in respect of a particular vessel, whether or not section 44G of the Port Management Act 1995 applies.

30.5An instrument of amendment or revocation made under section 235(1) in respect of a particular vessel.

30.6An instrument that is a direction of the Safety Director to remove impediments or obstructions for the purposes of section258(1)(p).

r. 9

30.7An instrument that is a determination of the Safety Director for the tonnage of vessels for the purposes of item 20 of Schedule 1 to the Marine Safety Act 2010.

30.8An instrument that is a direction or notice of the Safety Director for the purposes of item25 of Schedule 1 to the Marine Safety Act 2010.

30.9An instrument that is a direction of the Safety Director to persons who manage and control channels for the purposes of item 26 of Schedule 1 to the Marine Safety Act 2010, if the instrument relates to a particular vessel.

30.10An instrument that is a direction of the Safety Director for the purposes of item 29 of Schedule 1 to the Marine Safety Act 2010, if the instrument relates to a particular person.

30.11A direction given under section 267(2).

30.12A direction made under section 306(2)(e).".

10New item 30A inserted in Schedule 1

r. 10

After item 30 in Schedule 1to the Principal Regulationsinsert—

"30A Marine Safety Regulations 2012

30A.1A notice of exemption under regulation 9 in relation to a person or class of persons, or vessel or class of vessels.

30A.2An instrument approving a body under paragraph 1(d) of Part 1 of Schedule 1 to the Marine Safety Regulations 2012.".

11Item 36 in Schedule 1 amended

(1)For the heading to item 36 in Schedule 1 to the Principal Regulations substitute—

"Multicultural Victoria Act 2011".

(2)In Schedule 1 to the Principal Regulations—

(a)item 36.1 is revoked;

(b)in item 36.2, for "section 20" substitute "section27".

12New item 40A of Schedule 1 inserted

After item 40 in Schedule 1 to the Principal Regulations insert—

"40A Police Regulation Act 1958

40A.1An order or instruction made by the Chief Commissioner under section 17.".

13Item 43 in Schedule 1 amended

For the heading to item 43 in Schedule 1 to the Principal Regulations substitute—

"Port Management (Local Ports) Regulations 2004".

14Project Development and Construction Management Act1994

r. 14

In item 44.7 in Schedule 1 to the Principal Regulations, for "18A(1)" substitute "18A(4)".

15Schedule 1—Amendments relating to the Rail Safety Act2006

(1)For the heading to item 51 in Schedule 1 to the Principal Regulations substitute—

"Rail Safety (Local Operations) Act 2006".

(2)In item 51 in Schedule 1 to the Principal Regulations—

(a)in item 51.1, for "section 79(7)" substitute "section 86C(3)";

(b)in item 51.2, for "section 86(2)" substitute "section 86L(2)";

(c)item 51.5 is revoked.

16Road Safety Act 1986

In Schedule 1 to the Principal Regulations, item55.11 is revoked.

17Water Industry Act 1994

In Schedule 1 to the Principal Regulations, items73.2, 73.3, 73.4, 73.5 and 73.6 are revoked.

18New item 69A of Schedule 1 inserted

After item 69 in Schedule 1to the Principal Regulationsinsert—

"69A Victoria Police Act 2013

69A.1Instructions of the Chief Commissioner of Police under section 60.

69A.2Determinations of the Chief Commissioner of Police under section 62.".

______

Part 3—Schedule 2 Amendments

19Education and Training Reform Act 2006

r. 19

(1)Item 9.1 in Schedule 2 to the Principal Regulations is revoked.

(2)Item 9.4 in Schedule 2 to the Principal Regulations is revoked.

(3)Item 9.9 in Schedule 2 to the Principal Regulations is revoked.

(4)In item 9.13 in Schedule 2 to the Principal Regulations for "clause 2 of Schedule 6" substitute "clause 1 and clause 2 of Schedule 6".

20Item 31 in Schedule 2 amended

For the heading to item 31 in Schedule 2 to the Principal Regulations, substitute—

"Rail Safety (Local Operations) Act 2006".

21Road Safety Act 1986

For item 33.1 in Schedule 2 to the Principal Regulations substitute—

"33.1An order under section 3(2) in respect of a class of places, class of motor vehicles, class of vehicles, class of implements, class of machines or class of other structures.".

22Water Act 1989

For item 37.2 in Schedule 2 to the Principal Regulations substitute—

"37.2A by-law under section 160(1).".

23New item 38 of Schedule 2 inserted

r. 23

After item 37 of Schedule 2 to the Principal Regulationsinsert—

"38 Workplace Injury Rehabilitation and Compensation Act2013

38.1A notice under section 380(3).".

______

Part 4—Schedule 3 Amendments

24Aboriginal Heritage Act 2006

r. 24

Item 1.1 in Schedule 3 to the Principal Regulations is revoked.

25Appeal Costs Act 1998

Item 11 in Schedule 3 to the Principal Regulations is revoked.

26Biological Control Act 1986

After item 15.4 in Schedule 3 to the Principal Regulations insert—

"15.5A notice under section 29(1).

15.6A revocation of a declaration under section51(1) if that declaration was made under section 18(1), 27(1), 28(1), 29(1) or32(1) or(2).".

27Chattel Securities Act 1987

Item 22 in Schedule 3to the Principal Regulations is revoked.

28Education and Training Reform Act 2006

(1)In item 33.4 in Schedule 3 to the Principal Regulations for "section 2.3.2(1)" substitute "section2.3.2".

(2)In item 33.11 in Schedule 3 to the Principal Regulations for "in matters" substitute
"in relation to matters".

(3)In items 33.18, 33.19, 33.20, 33.21, 33.22, 33.23, 33.24, 33.25, 33.26, 33.27, 33.28, 33.32, 33.33, 33.34, 33.35, 33.37 and 33.38 in Schedule 3 to the Principal Regulations for "section 5.2.12" substitute "section5.10.4".

(4)Item 33.36 in Schedule 3 to the Principal Regulations is revoked.

(5)Item 33.39 in Schedule 3 to the Principal Regulations is revoked.

(6)After item 33.43 in Schedule 3 to the Principal Regulations insert—

"33.44A Ministerial order for the purposes of section2.4.36.

33.45Guidelines issued under section 2.1.24.

33.46An Order in Council under section 5.10.3(1) fixing the maximum amount that may be charged by the Authority under section2.5.5(1)(b).".

29Electricity Industry Act 2000

r. 29

(1)In Schedule 3 to the Principal Regulations, after item 36.11 insert—

"36.11A Guidelines issued under section 40S(1).

36.11BAn instrument made under section 40S(2) amending guidelines.".

(2)In Schedule 3 to the Principal Regulations, after item 36.15 insert—

"36.16A direction or requisition given under section 96(2).

36.17A direction given under section 96(6) amending a direction given under section96(1) of not more than 12 months duration.".

30New item 40A inserted in Schedule 3

After item 40 in Schedule 3to the Principal Regulationsinsert—

"40A Fire Services Property Levy Act 2012

40A.1A determination made under section 12(1).".

31Fisheries Act 1995

r. 31

After item 41.8 in Schedule 3 to the Principal Regulations insert—

"41.9A management plan made under section28(1).".

32Legal Profession Act 2004

Items 59.1, 59.2, 59.3 and 59.4 in Schedule 3 to the Principal Regulations are revoked.

33Livestock Disease Control Act 1994

In Schedule 3 to the Principal Regulations—

(a)item 61.2 is revoked;

(b)in item 61.8, after "section 69(1)" insert "or(3)(e)";

(c)in item 61.10, after "section 74(1)" insert
", (2), (3) or (4)";

(d)in item 61.12, after "section 79D(1)" insert
", (2), (3) or (4)".

34Item 64 in Schedule 3substituted

For item 64 of Schedule 3to the Principal Regulationssubstitute—

"64 Marine (Drug, Alcohol and Pollution Control) Act1988

64.1An Order under section 3(3)(a).".

35Item 65 in Schedule 3substituted

For item 65 of Schedule 3to the Principal Regulationssubstitute—

"65 Marine Safety Act 2010

65.1A rule made under section 184, 185 or 186, other than a rule made in respect of a particular vessel.

65.2A notice determining a standard under section 199(1)(a) or(b).

65.3A declaration under section 203(3) other than a declaration made in respect of a particular person relating to a specific boating activity.

65.4A notice under section 208(1) or (2) other than a notice in respect of a particular person or a particular vessel.

65.5 A written direction given under section232(1) other than a direction made inrespect of a particular vessel.

65.6An instrument of amendment or revocation under section 235(1) other than an amendment or revocation of a direction made in respect of a particular vessel.

r. 35

65.7A declaration made under section 250.

65.8An instrument made by the Safety Director determining requirements for the purposes of section 252(1)(b) (requirements for the issue of a pilot licence).

65.9An instrument which is a standard made by the Safety Director for the purposes of section 258(1)(d) (standards for the safe construction, equipment and operation of recreational vessels).

65.10An instrument which is a standard made by the Safety Director for the purposes of section 258(1)(h) (standards for the training of harbour masters).

65.11An instrument which is a standard made by the Safety Director for the purposes of section 258(1)(i) (standards for the training of pilots and pilot exempt masters).

65.12An instrument which is a standard made by the Safety Director for the purposes of section 258(1)(m) (standards for navigation and maritime safety on State waters).

65.13An instrument which is a standard made by the Safety Director for the purposes of section 258(1)(n) (standards for the provision and maintenance of navigation aids for State waters).

65.14An instrument which is a standard made by the Safety Director for the purposes of section 258(1)(o) (standards for the dredging and maintenance of channels in State waters).

r. 35

65.15An instrument which is a determination made by the Safety Director for the purposes of section 258(1)(q).

65.16An instrument which is a determination made by the Safety Director for the purposes of item 22 of Schedule 1 to the Marine Safety Act 2010.

65.17An instrument which is a standard made by the Safety Director for the purposes of item23 of Schedule 1 to the Marine Safety Act 2010.

65.18An instrument which is a standard made by the Safety Director for the purposes of item28 of Schedule 1 to the Marine Safety Act 2010.

65.19A notice under section 260 in respect of a class of person or vessel.".

36New item 65A inserted in Schedule 3

r. 36

After item 65 in Schedule 3to the Principal Regulationsinsert—

"65A Marine Safety Regulations 2012

65A.1A notice under regulation 6.

65A.2An instrument approving standards or specifications made by the Safety Director under the Marine Safety Act 2010 for the purposes of Part 2 of Schedule 1 to the Marine Safety Regulations 2012.".

37Port Management Act 1995

For item 84.1 in Schedule 3 to the Principal Regulations substitute—

"84.1An Order under section 5(1), (1A), (2), (4) or(5).".

38Item 85 in Schedule 3 amended

(1)For the heading to item 85 in Schedule 3 to the Principal Regulations substitute—

"Port Management (Local Ports) Regulations 2004".

(2)In Schedule 3 to the Principal Regulations—

(a) in item 85.1, after "regulation 200(1)" insert "or (2) that applies to classes of people, classes of vessels or classes of vehicles";

(b) in item 85.2, after "regulation 201(1)" insert "or (2) that applies to classes of people or classes of vessels";

(d) in item 85.4, after "regulation 205(1)" insert "or (2)".

39Item 95 in Schedule 3 amended

r. 39

For the heading to item 95 in Schedule 3 to the Principal Regulations substitute—

"Rail Safety (Local Operations) Act 2006".

40Road Safety Road Rules 2009

(1)In Schedule 3 to the Principal Regulations—

(a)items 99.1 and 99.2arerevoked;

(b)item 99.6 is revoked.

(2)For item 99.4 in Schedule 3 to the Principal Regulations substitute—

"99.4A notice made under Rule 407, other than a notice made under Rule 407(e) or (h).".

41Road Safety (Traffic Management) Regulations 2009

In item 100.1 in Schedule 3 to the Principal Regulations, for "Rule" substitute "regulation".

42Road Safety (Vehicles) Regulations 2009

In item 101 in Schedule 3 to the Principal Regulations for "Rule" (wherever occurring) substitute "regulation".

43Water Act 1989

Item 123.19 of Schedule 3 to the Principal Regulations is revoked.

44Water Industry Act 1994

In Schedule 3 to the Principal Regulations—

(a)in item 124.3, after "section 4F" insert
"in relation to a matter specified in section4F(2)(a) to (e)";

(b)items 124.4, 124.5, 124.6, 124.7 and 124.8 are revoked.

45New item 125A of Schedule 3 inserted

r. 45

After item 125 of Schedule 3 to the Principal Regulationsinsert—

"125A Workplace Injury Rehabilitation and Compensation Act2013

125A.1Guidelines made under section23, section74, section 215(3) or section 303(3).

125A.2Guidelines issued by the Minister under section 54(1)(b).

125A.3An Order under section 93(3) or section250(1).

125A.4A direction under section119(3) or section209(1).

125A.5A declaration that a law of a State is that State's legislation about damages for a work related injury under section 322.

125A.6A direction under section352(1) or (2).

125A.7A Ministerial Order under section246(2) or section 401(1).

125A.8A premiums order made by the Governor in Council under section448(1).

125A.9An Order under section 548(3).

125A.10An Order in Council under clause 13(1) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013.

125A.11Guidelines made under clause 15(4) of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013.".

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Subordinate Legislation (Legislative Instruments) Amendment Regulations 2014

S.R. No. 45/2014

ENDNOTES

Endnotes

[1] Reg. 4: S.R. No. 52/2011 as amended by S.R. Nos 126/2012 and 82/2013.