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Subordinate Legislation (Legislative Instruments) Amendment Regulations 2014

S.R. No. 45/2014

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

1 Objective 12 Authorising provisions 23 Commencement 24 Principal Regulations 2

PART 2—SCHEDULE 1 AMENDMENTS 3

5 Aboriginal Heritage Act 2006 36 Education and Training Reform Act 2006 37 Livestock Disease Control Act 1994 48 Item 29 in Schedule 1 substituted 4

29 Marine (Drug, Alcohol and Pollution Control) Act 1988 4

9 Item 30 in Schedule 1 substituted 430 Marine Safety Act 2010 4

10 New item 30A inserted in Schedule 1 630A Marine Safety Regulations 2012 6

11 Item 36 in Schedule 1 amended 612 New item 40A of Schedule 1 inserted 6

40A Police Regulation Act 1958 613 Item 43 in Schedule 1 amended 614 Project Development and Construction Management

Act 1994 715 Schedule 1—Amendments relating to the Rail Safety Act 2006 716 Road Safety Act 1986 717 Water Industry Act 1994 718 New item 69A of Schedule 1 inserted 7

69A Victoria Police Act 2013 7


19 Education and Training Reform Act 2006 820 Item 31 in Schedule 2 amended 8

1

21 Road Safety Act 1986 822 Water Act 1989 823 New item 38 of Schedule 2 inserted 9

38 Workplace Injury Rehabilitation and Compensation Act 2013 9


24 Aboriginal Heritage Act 2006 1025 Appeal Costs Act 1998 1026 Biological Control Act 1986 1027 Chattel Securities Act 1987 1028 Education and Training Reform Act 2006 1029 Electricity Industry Act 2000 1130 New item 40A inserted in Schedule 3 11

40A Fire Services Property Levy Act 2012 1131 Fisheries Act 1995 1232 Legal Profession Act 2004 1233 Livestock Disease Control Act 1994 1234 Item 64 in Schedule 3 substituted 12

64 Marine (Drug, Alcohol and Pollution Control) Act 1988 12

35 Item 65 in Schedule 3 substituted 1265 Marine Safety Act 2010 12

36 New item 65A inserted in Schedule 3 1565A Marine Safety Regulations 2012 15

37 Port Management Act 1995 1538 Item 85 in Schedule 3 amended 1539 Item 95 in Schedule 3 amended 1640 Road Safety Road Rules 2009 1641 Road Safety (Traffic Management) Regulations 2009 1642 Road Safety (Vehicles) Regulations 2009 1643 Water Act 1989 1644 Water Industry Act 1994 1645 New item 125A of Schedule 3 inserted 17

125A Workplace Injury Rehabilitation and Compensation Act 2013 17

═══════════════ENDNOTES 18

STATUTORY RULES 2014

S.R. No. 45/2014

Subordinate Legislation Act 1994


The Governor in Council makes the following Regulations:

Dated: 27 May 2014

Responsible Minister:

DENIS NAPTHINEPremier

YVETTE CARISBROOKEClerk 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.

1

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 20111 are called the Principal Regulations.

__________________

Part 4—Schedule 3 Amendments


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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)".


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


(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.".


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


"40A Police Regulation Act 1958

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


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


"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.



"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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(1) Item 9.1 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".


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


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


"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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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


"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.


(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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(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.".



"40A Fire Services Property Levy Act 2012

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



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31 Fisheries Act 1995


"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)".


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).".


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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"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


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



"Port Management (Local Ports) Regulations 2004".


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


40 Road Safety Road Rules 2009


(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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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

Endnotes


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

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