EQUIPMENT (PUBLIC SAFETY) ACT 1994

Victorian Consolidated Legislation

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EQUIPMENT (PUBLIC SAFETY) ACT 1994 - NOTES

No. 21 of 1994
Version incorporating amendments as at 19 October 2007

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 31 March 1994
Legislative Council: 26 April 1994
The long title for the Bill for this Act was "A Bill to provide for public safety in relation to prescribed equipment and equipment sites, to amend the Occupational Health and Safety Act 1985 and Schedule 4 to the Magistrates' Court Act 1989.".
The Equipment (Public Safety) Act 1994 was assented to on 17 May 1994 and came into operation as follows:
Sections 1, 2 on 17 May 1994: section 2(1); rest of Act on 1 December 1994: section 2(3).
2. Table of Amendments
This Version incorporates amendments made to the Equipment (Public Safety) Act 1994 by Acts and subordinate instruments.
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Accident Compensation (Occupational Health and Safety) Act 1996, No. 13/1996
Assent Date:
28.6.96
Commencement Date:
Ss 1, 2, 9 on 28.6.96: s. 2(1); rest of Act on 2.7.96: Special Gazette (No. 75) 2.7.96 p. 1
Current State:
All of Act in operation
Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997
Assent Date:
23.12.97
Commencement Date:
S. 70 on 23.12.97: s. 2(1), s. 71 on 1.7.98: s. 2(7)
Current State:
This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 items 28.1-28.3) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994
Occupational Health and Safety Act 2004, No. 107/2004 (as amended by No. 31/2005)
Assent Date:
21.12.04
Commencement Date:
S. 180(1) on 1.7.05: s. 3(1)
Current State:
This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994
Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, No. 31/2005
Assent Date:
21.6.05
Commencement Date:
Ss 24-34 on 1.7.05: s. 2
Current State:
This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date:
13.6.06
Commencement Date:
S. 94(Sch. item 16) on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State:
This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006
Endnotes
Assent Date:
29.8.06
Commencement Date:
S. 61(Sch. item 12) on 30.8.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Equipment (Public Safety) Act 1994
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3. Explanatory Details

1 S. 3(1) def. of Authority: Sections 42-49 of the Accident Compensation (Occupational Health and Safety) Act 1996, No. 13/1996 read as follows:
Division 2-Transitional provisions
42. Definitions
In this Division-
former inspector means an inspector under section 12 of the Principal Act as in force immediately before the commencement of Division 1 of this Part.
43. Interpretation of Legislation Act 1984 not affected
Nothing in this Division affects or takes away from the Interpretation of Legislation Act 1984.
44. Superseded references
(1) On the commencement of this section, a reference in the regulations made under the Principal Act or any instrument or other document issued, served, made or given under the Principal Act or the regulations made under that Act to the Minister is deemed to be a reference to the Authority.
(2) Subsection (1) does not apply to-
(a) any guidelines issued by the Minister under section 28(5) of the Principal Act; or
(b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 33 of the Principal Act.

45. Proceedings in relation to Minister
(1) On the commencement of this section, the Authority is substituted for the Minister as a party in any proceedings commenced or made by or against or in relation to the Minister under the Principal Act or the regulations made under that Act and existing immediately before that commencement.
(2) On the commencement of this section, any application made or notification, notice or request given to the Minister under the Principal Act or the regulations made under that Act is deemed to be an application made or notification, notice or request given to the Authority.
(3) On and after the commencement of this section, the Authority may continue and complete any other continuing matter or thing commenced by or against or in relation to the Minister under the Principal Act or the regulations made under that Act and existing immediately before that commencement.
46. Documents etc. issued by Minister
(1) On and after the commencement of this section-
(a) any confirmation, condition, exemption, notice, requirement, determination, approval or other instrument or document issued, served, granted, made or given under the Principal Act or the regulations made under the Principal Act by the Minister is deemed to have been issued, served, granted, made or given by the Authority; and
(b) any action taken or decision made under the Principal Act or the regulations made under the Principal Act by the Minister is deemed to have been taken or made by the Authority.
(2) This section does not apply to-
(a) any guidelines issued by the Minister under section 28(5) of the Principal Act; or
(b) any code of practice approved by the Minister or notice caused to be published by the Minister under section 33 of the Principal Act.
47. Inspectors deemed to be inspectors appointed by Authority
On and after the commencement of this section-
(a) any former inspector holding office immediately before that commencement is deemed to be an inspector appointed by the Authority under section 12 of the Principal Act as amended by Division 1 of this Part; and
(b) a certificate of appointment provided by the Minister under section 12 of the Principal Act in respect of the appointment of a former inspector is deemed to be a certificate of appointment provided by the Authority under that section as amended by Division 1 of this Part; and
(c) an identification card provided to a former inspector by the Minister under section 12 of the Principal Act is deemed to be an identification card provided to an inspector by the Authority under that section as amended by Division 1 of this Part.

48. Proceedings in relation to inspectors
On and after the commencement of this section, an inspector appointed by the Authority may continue and complete any proceedings under the Principal Act or the regulations made under that Act commenced or made by or against or in relation to a former inspector and existing immediately before that commencement.
49. Documents etc. issued by inspector
On and after the commencement of this section-
(a) any notice, requirement, direction or other instrument or document issued, served, made or given by a former inspector under the Principal Act or the regulations made under that Act is deemed to have been issued, served, made or given by an inspector appointed by the Authority; and
(b) any action taken or decision made under the Principal Act or the regulations made under that Act by a former inspector is deemed to have been taken by an inspector appointed by the Authority.

2 S. 33(5): See note 1.
3 S. 36: See note 1.
4 Sch: See note 1.
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Equipment (Public Safety) Act 1994
No. 21 of 1994