Subordinate Legislation (Legislative Instruments) Amendment Regulations 2014
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Subordinate Legislation (Legislative Instruments)
Amendment Regulations 2014
S.R. No. 45/2014
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1 Objective 1
2 Authorising provisions 2
3 Commencement 2
4 Principal Regulations 2
PART 2—SCHEDULE 1 AMENDMENTS 3
5 Aboriginal Heritage Act 2006 3
6 Education and Training Reform Act 2006 3
7 Livestock Disease Control Act 1994 4
8 Item 29 in Schedule 1 substituted 4
29 Marine (Drug, Alcohol and Pollution Control)
Act 1988 4
9 Item 30 in Schedule 1 substituted 4
30 Marine Safety Act 2010 4
10 New item 30A inserted in Schedule 1 6
30A Marine Safety Regulations 2012 6
11 Item 36 in Schedule 1 amended 6
12 New item 40A of Schedule 1 inserted 6
40A Police Regulation Act 1958 6
13 Item 43 in Schedule 1 amended 6
14 Project Development and Construction Management
Act 1994 7
15 Schedule 1—Amendments relating to the Rail Safety Act 2006 7
16 Road Safety Act 1986 7
17 Water Industry Act 1994 7
18 New item 69A of Schedule 1 inserted 7
69A Victoria Police Act 2013 7
PART 3—SCHEDULE 2 AMENDMENTS 8
19 Education and Training Reform Act 2006 8
20 Item 31 in Schedule 2 amended 8
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21 Road Safety Act 1986 8
22 Water Act 1989 8
23 New item 38 of Schedule 2 inserted 9
38 Workplace Injury Rehabilitation and
Compensation Act 2013 9
PART 4—SCHEDULE 3 AMENDMENTS 10
24 Aboriginal Heritage Act 2006 10
25 Appeal Costs Act 1998 10
26 Biological Control Act 1986 10
27 Chattel Securities Act 1987 10
28 Education and Training Reform Act 2006 10
29 Electricity Industry Act 2000 11
30 New item 40A inserted in Schedule 3 11
40A Fire Services Property Levy Act 2012 11
31 Fisheries Act 1995 12
32 Legal Profession Act 2004 12
33 Livestock Disease Control Act 1994 12
34 Item 64 in Schedule 3 substituted 12
64 Marine (Drug, Alcohol and Pollution Control)
Act 1988 12
35 Item 65 in Schedule 3 substituted 12
65 Marine Safety Act 2010 12
36 New item 65A inserted in Schedule 3 15
65A Marine Safety Regulations 2012 15
37 Port Management Act 1995 15
38 Item 85 in Schedule 3 amended 15
39 Item 95 in Schedule 3 amended 16
40 Road Safety Road Rules 2009 16
41 Road Safety (Traffic Management) Regulations 2009 16
42 Road Safety (Vehicles) Regulations 2009 16
43 Water Act 1989 16
44 Water Industry Act 1994 16
45 New item 125A of Schedule 3 inserted 17
125A Workplace Injury Rehabilitation and
Compensation Act 2013 17
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Authorised Version
1
STATUTORY RULES 2014
S.R. No. 45/2014
Subordinate Legislation Act 1994
Subordinate Legislation (Legislative Instruments)
Amendment Regulations 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
1 Objective
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.
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2 Authorising provisions
These Regulations are made under sections 4A
and 28 of the Subordinate Legislation Act 1994.
3 Commencement
(1) These Regulations (except regulation 18) come
into operation on 27 May 2014.
(2) Regulation 18 comes into operation on 1 July
2014.
4 Principal Regulations
In these Regulations, the Subordinate Legislation
(Legislative Instruments) Regulations 2011 1 are
called the Principal Regulations.
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PART 2—SCHEDULE 1 AMENDMENTS
5 Aboriginal Heritage Act 2006
Before item 1.1 in Schedule 1 to the Principal
Regulations, insert—
"1.1AA A cultural heritage management plan
prepared under Part 4.".
6 Education 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—
"17.24 An Order under section 3.1.11(2)(c) for the
purposes of section 3.1.26AA.
17.25 A determination made under
section 5.4.15(1).
17.26 An instrument made under
section 3.1.19(1)(d).".
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7 Livestock Disease Control Act 1994
After item 27.2 in Schedule 1 to the Principal
Regulations insert—
"27.3 An order made under section 6(3A) in
relation to any person or class of person.
27.4 An order under section 21 of not more than
12 months duration.".
8 Item 29 in Schedule 1 substituted
In Schedule 1 to the Principal Regulations, for
item 29 substitute—
"29 Marine (Drug, Alcohol and Pollution
Control) Act 1988
29.1 An approval under section 3(4).
29.2 An Order under section 32(1)(a).
29.3 A notice under section 45(1).
29.4 An 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.".
9 Item 30 in Schedule 1 substituted
In Schedule 1 to the Principal Regulations, for
item 30 substitute—
"30 Marine Safety Act 2010
30.1 A declaration made under section 203(3) in
respect of a particular person or class of
persons.
30.2 A 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.
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30.3 A written determination of the Safety
Director for the purposes of section 220(4)
or (5).
30.4 A written direction given under
section 232(1) in respect of a particular
vessel, whether or not section 44G of the
Port Management Act 1995 applies.
30.5 An instrument of amendment or revocation
made under section 235(1) in respect of a
particular vessel.
30.6 An instrument that is a direction of the
Safety Director to remove impediments or
obstructions for the purposes of
section 258(1)(p).
30.7 An 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.
30.8 An instrument that is a direction or notice of
the Safety Director for the purposes of
item 25 of Schedule 1 to the Marine Safety
Act 2010.
30.9 An 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.
30.10 An 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.
30.11 A direction given under section 267(2).
30.12 A direction made under section 306(2)(e).".
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10 New item 30A inserted in Schedule 1
After item 30 in Schedule 1 to the Principal
Regulations insert—
"30A Marine Safety Regulations 2012
30A.1 A notice of exemption under regulation 9 in
relation to a person or class of persons, or
vessel or class of vessels.
30A.2 An instrument approving a body under
paragraph 1(d) of Part 1 of Schedule 1 to the
Marine Safety Regulations 2012.".
11 Item 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
"section 27".
12 New item 40A of Schedule 1 inserted
After item 40 in Schedule 1 to the Principal
Regulations insert—
"40A Police Regulation Act 1958
40A.1 An order or instruction made by the Chief
Commissioner under section 17.".
13 Item 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".
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14 Project Development and Construction
Management Act 1994
In item 44.7 in Schedule 1 to the Principal
Regulations, for "18A(1)" substitute "18A(4)".
15 Schedule 1—Amendments relating to the Rail Safety
Act 2006
(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.
16 Road Safety Act 1986
In Schedule 1 to the Principal Regulations,
item 55.11 is revoked.
17 Water Industry Act 1994
In Schedule 1 to the Principal Regulations,
items 73.2, 73.3, 73.4, 73.5 and 73.6 are revoked.
18 New item 69A of Schedule 1 inserted
After item 69 in Schedule 1 to the Principal
Regulations insert—
"69A Victoria Police Act 2013
69A.1 Instructions of the Chief Commissioner of
Police under section 60.
69A.2 Determinations of the Chief Commissioner
of Police under section 62.".
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PART 3—SCHEDULE 2 AMENDMENTS
19 Education and Training Reform Act 2006
(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".
20 Item 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".
21 Road Safety Act 1986
For item 33.1 in Schedule 2 to the Principal
Regulations substitute—
"33.1 An 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.".
22 Water Act 1989
For item 37.2 in Schedule 2 to the Principal
Regulations substitute—
"37.2 A by-law under section 160(1).".
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23 New item 38 of Schedule 2 inserted
After item 37 of Schedule 2 to the Principal
Regulations insert—
"38 Workplace Injury Rehabilitation and
Compensation Act 2013
38.1 A notice under section 380(3).".
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PART 4—SCHEDULE 3 AMENDMENTS
24 Aboriginal Heritage Act 2006
Item 1.1 in Schedule 3 to the Principal
Regulations is revoked.
25 Appeal Costs Act 1998
Item 11 in Schedule 3 to the Principal Regulations
is revoked.
26 Biological Control Act 1986
After item 15.4 in Schedule 3 to the Principal
Regulations insert—
"15.5 A notice under section 29(1).
15.6 A revocation of a declaration under
section 51(1) if that declaration was made
under section 18(1), 27(1), 28(1), 29(1)
or 32(1) or (2).".
27 Chattel Securities Act 1987
Item 22 in Schedule 3 to the Principal Regulations
is revoked.
28 Education and Training Reform Act 2006
(1) In item 33.4 in Schedule 3 to the Principal
Regulations for "section 2.3.2(1)" substitute
"section 2.3.2".
(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 "section 5.10.4".
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(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—
"33.44 A Ministerial order for the purposes of
section 2.4.36.
33.45 Guidelines issued under section 2.1.24.
33.46 An Order in Council under section 5.10.3(1)
fixing the maximum amount that may be
charged by the Authority under
section 2.5.5(1)(b).".
29 Electricity Industry Act 2000
(1) In Schedule 3 to the Principal Regulations, after
item 36.11 insert—
"36.11A Guidelines issued under section 40S(1).
36.11B An instrument made under section 40S(2)
amending guidelines.".
(2) In Schedule 3 to the Principal Regulations, after
item 36.15 insert—
"36.16 A direction or requisition given under
section 96(2).
36.17 A direction given under section 96(6)
amending a direction given under
section 96(1) of not more than 12 months
duration.".
30 New item 40A inserted in Schedule 3
After item 40 in Schedule 3 to the Principal
Regulations insert—
"40A Fire Services Property Levy Act 2012
40A.1 A determination made under section 12(1).".
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31 Fisheries Act 1995
After item 41.8 in Schedule 3 to the Principal
Regulations insert—
"41.9 A management plan made under
section 28(1).".
32 Legal Profession Act 2004
Items 59.1, 59.2, 59.3 and 59.4 in Schedule 3 to
the Principal Regulations are revoked.
33 Livestock 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)".
34 Item 64 in Schedule 3 substituted
For item 64 of Schedule 3 to the Principal
Regulations substitute—
"64 Marine (Drug, Alcohol and Pollution
Control) Act 1988
64.1 An Order under section 3(3)(a).".
35 Item 65 in Schedule 3 substituted
For item 65 of Schedule 3 to the Principal
Regulations substitute—
"65 Marine Safety Act 2010
65.1 A rule made under section 184, 185 or 186,
other than a rule made in respect of a
particular vessel.
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65.2 A notice determining a standard under
section 199(1)(a) or (b).
65.3 A declaration under section 203(3) other
than a declaration made in respect of a
particular person relating to a specific
boating activity.
65.4 A 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
section 232(1) other than a direction made
in respect of a particular vessel.
65.6 An 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.
65.7 A declaration made under section 250.
65.8 An instrument made by the Safety Director
determining requirements for the purposes of
section 252(1)(b) (requirements for the issue
of a pilot licence).
65.9 An 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).
65.10 An 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).
65.11 An 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).
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65.12 An 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).
65.13 An 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).
65.14 An 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).
65.15 An instrument which is a determination
made by the Safety Director for the purposes
of section 258(1)(q).
65.16 An 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.
65.17 An instrument which is a standard made by
the Safety Director for the purposes of
item 23 of Schedule 1 to the Marine Safety
Act 2010.
65.18 An instrument which is a standard made by
the Safety Director for the purposes of
item 28 of Schedule 1 to the Marine Safety
Act 2010.
65.19 A notice under section 260 in respect of a
class of person or vessel.".
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36 New item 65A inserted in Schedule 3
After item 65 in Schedule 3 to the Principal
Regulations insert—
"65A Marine Safety Regulations 2012
65A.1 A notice under regulation 6.
65A.2 An 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.".
37 Port Management Act 1995
For item 84.1 in Schedule 3 to the Principal
Regulations substitute—
"84.1 An Order under section 5(1), (1A), (2), (4)
or (5).".
38 Item 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";
(c) in item 85.3, after "regulation 203(1)" insert
"or (2)";
(d) in item 85.4, after "regulation 205(1)" insert
"or (2)".
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39 Item 95 in Schedule 3 amended
For the heading to item 95 in Schedule 3 to the
Principal Regulations substitute—
"Rail Safety (Local Operations) Act 2006".
40 Road Safety Road Rules 2009
(1) In Schedule 3 to the Principal Regulations—
(a) items 99.1 and 99.2 are revoked;
(b) item 99.6 is revoked.
(2) For item 99.4 in Schedule 3 to the Principal
Regulations substitute—
"99.4 A notice made under Rule 407, other than a
notice made under Rule 407(e) or (h).".
41 Road Safety (Traffic Management) Regulations
2009
In item 100.1 in Schedule 3 to the Principal
Regulations, for "Rule" substitute "regulation".
42 Road Safety (Vehicles) Regulations 2009
In item 101 in Schedule 3 to the Principal
Regulations for "Rule" (wherever occurring)
substitute "regulation".
43 Water Act 1989
Item 123.19 of Schedule 3 to the Principal
Regulations is revoked.
44 Water 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
section 4F(2)(a) to (e)";
(b) items 124.4, 124.5, 124.6, 124.7 and 124.8
are revoked.
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45 New item 125A of Schedule 3 inserted
After item 125 of Schedule 3 to the Principal
Regulations insert—
"125A Workplace Injury Rehabilitation and
Compensation Act 2013
125A.1 Guidelines made under section 23,
section 74, section 215(3) or section 303(3).
125A.2 Guidelines issued by the Minister under
section 54(1)(b).
125A.3 An Order under section 93(3) or
section 250(1).
125A.4 A direction under section 119(3) or
section 209(1).
125A.5 A declaration that a law of a State is that
State's legislation about damages for a work
related injury under section 322.
125A.6 A direction under section 352(1) or (2).
125A.7 A Ministerial Order under section 246(2) or
section 401(1).
125A.8 A premiums order made by the Governor in
Council under section 448(1).
125A.9 An Order under section 548(3).
125A.10 An Order in Council under clause 13(1) of
Schedule 1 to the Workplace Injury
Rehabilitation and Compensation Act
2013.
125A.11 Guidelines made under clause 15(4) of
Schedule 1 to the Workplace Injury
Rehabilitation and Compensation Act
2013.".
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ENDNOTES
1 Reg. 4: S.R. No. 52/2011 as amended by S.R. Nos 126/2012 and 82/2013.
Endnotes
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