Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 49

Regulatory scrutiny of Codes of Practice

49. Regulatory scrutiny of Codes of Practice



(1) This section applies in respect of the making or amending of a
Code of Practice under this Part or under any relevant legislation.

(2) The Commission must prepare a regulatory statement in respect of a
proposed Code of Practice.

(3) A regulatory statement must include-

   (a)  a statement of the objectives of the proposed Code of Practice;

   (b)  an evaluation of the costs and benefits of the proposed
        Code of Practice;

   (c)  an evaluation of alternative means of achieving those objectives;

   (d)  a draft copy of the proposed Code of Practice.

(4) The evaluation of the costs and benefits must include an assessment of the
economic, environmental and social impact and the likely administration and
compliance costs including resource allocation costs.

(5) The Chairperson must ensure the adequacy of the regulatory statement and
of the assessment included in the regulatory statement.

(6) The Chairperson must ensure that a notice in accordance with subsection
(7) is published in-

   (a)  the Government Gazette; and

   (b)  a daily newspaper circulating generally throughout Victoria; and

   (c)  in any trade, professional or public interest publications as the
        Chairperson considers appropriate.

(7) A notice must-

   (a)  state the reason for, and the objectives of, the proposed
        Code of Practice;

   (b)  summarise the results of the regulatory statement;

   (c)  specify where a copy of the regulatory statement and of the proposed
        Code of Practice can be obtained;

   (d)  invite public comments or submissions within such time (being not less
        than 28 days from the publication of the notice) as is specified in
        the notice.

(8) The Chairperson must ensure that all comments and submissions are
considered before the proposed Code of Practice is made.

(9) The Chairperson must ensure that appropriate notice is given of the
decision to make, or not to make, a proposed Code of Practice.

(10) Before a Code of Practice is made, the Chairperson must give a
certificate in writing specifying-

   (a)  that the requirements relating to regulatory statements have been
        complied with; and

   (b)  that in his or her opinion the regulatory statement adequately
        assesses the likely impact of the proposed Code of Practice.

(11) The Chairperson must ensure that a copy of the regulatory statement and
the compliance certificate is given to the Scrutiny of Acts and Regulations
Committee of the Parliament as soon as practicable after the Code of Practice
is made.