Victorian Consolidated Legislation

Co-operative Schemes (Administrative Actions) Act 2001 - SECT 4

Co-operative schemes to which this Act applies-relevant State Acts

4. Co-operative schemes to which this Act applies-relevant State Acts



(1) For the purposes of this Act, relevant State Act means-

   (a)  the Agricultural and Veterinary Chemicals (Victoria) Act 1994; and

   (ab) a Gas Act; and





   (b)  any other Act specified in a proclamation under subsection (2)-

and includes any law applying as a law of the State by force of any such Act.

(2) The Governor in Council may, by proclamation published in the Government
Gazette, declare that a specified Act is a relevant State Act for the purposes
of this Act.

(3) A proclamation under subsection (2) commences-

   (a)  at the beginning of the day on which it is published in the Government
        Gazette; or

   (b)  at a later time, being a specified time of a day specified in the
        proclamation.

(4) The Governor in Council may, by proclamation published in the Government
Gazette, declare that the commencement time in relation to a relevant State
Act is the specified time of a day specified in the proclamation (being a day
that is not later than the day on which the proclamation is published in the
Government Gazette). This Act has effect in respect of the commencement time
so declared whether or not it has already had effect in respect of an earlier
commencement time.

(5) Before submitting a draft proclamation under subsection (2) to the
Governor in Council for making, the Minister must refer the draft to the
Scrutiny of Acts and Regulations Committee for consideration and report to the
Minister and the Parliament as to whether the proposed declaration, as a
relevant State Act for the purposes of this Act, of an Act specified in the
draft proclamation is in all the circumstances appropriate and desirable.

(6) Before submitting a draft proclamation under subsection (4) to the
Governor in Council for making, the Minister must refer the draft to the
Scrutiny of Acts and Regulations Committee for consideration and report to the
Minister and the Parliament as to whether the proposed declaration, in
relation to a relevant State Act, of the commencement time specified in the
draft proclamation is in all the circumstances appropriate and desirable.

(7) On submitting a draft proclamation to the Scrutiny of Acts and Regulations
Committee under subsection (5) or (6), the Minister must specify a date by
which a report must be given to him or her. The specified date must be not
less than 1 month after the date on which the draft proclamation is submitted
to the Committee.

(8) A draft proclamation, when submitted to the Scrutiny of Acts and
Regulations Committee under subsection (5) or (6), must be accompanied by a
statement of the reasons for the proposal to make the proclamation.

(9) The Minister must consider any report given to him or her by the Scrutiny
of Acts and Regulations Committee under this section on or before the date
specified by him or her under subsection (7) in relation to that report and,
after considering that report, may decide to submit, or not to submit, the
draft proclamation to the Governor in Council for making.