Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 32

Prescribing matters by reference to other documents1

32. Prescribing matters by reference to other documents1



(1) In this section-



Code means-

   (a)  the Companies (Victoria) Code;

   (b)  the Companies (Acquisition of Shares) (Victoria) Code;

   (c)  the Futures Industry (Victoria) Code;

   (d)  the Securities Industry (Victoria) Code;

   (e)  the Companies and Securities (Interpretation and Miscellaneous
        Provisions) (Victoria) Code;

   (f)  any other Code to which the Companies and Securities (Interpretation
        and Miscellaneous Provisions) (Application of Laws) Act 1981 applies;

   (g)  the ASIC Law of Victoria;

   (h)  the Corporations Law of Victoria;

   (ha) the National Electricity (Victoria) Law;

   (i)  the AFIC (Victoria) Code;

   (j)  the Financial Institutions (Victoria) Code;

   (ja) the National Gas (Victoria) Law;

   (k)  the Consumer Credit (Victoria) Code;

   (l)  the Friendly Societies (Victoria) Code;

relevant day means the day on which the Interpretation of Legislation
(Amendment) Act 1991 comes into operation.

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(2) If an Act (whether passed before or after the relevant day) authorises or
requires provision to be made for or in relation to a matter by a subordinate
instrument, the subordinate instrument, if made on or after the relevant day
and unless the contrary intention appears in the Act under or pursuant to
which it is made-

   (a)  may make provision for or in relation to that matter by applying,
        adopting or incorporating, with or without modification, the
        provisions of-

   (i)  an Act; or

   (ia) a Commonwealth Act; or

   (ii) a Code; or

   (iii) a statutory rule; or

   (iv) a statutory rule (within the meaning of the Statutory Rules
        Publication Act 1903 of the Commonwealth) made under a Commonwealth
        Act- as in force at a particular time or as in force from time to
        time; and

   (b)  must not make provision for or in relation to that matter by applying,
        adopting or incorporating any matter contained in a document (not
        being an Act, Commonwealth Act, Code, statutory rule or statutory rule
        made under a Commonwealth Act).

(3) If a subordinate instrument made on or after the relevant day is
authorised or required to make, and does make, provision for or in relation to
a matter by applying, adopting or incorporating any matter contained in a
document (not being an Act, Commonwealth Act, Code, statutory rule or
statutory rule made under a Commonwealth Act) whether as in force at a
particular time or as in force from time to time-

   (a)  the Minister administering the Act under which the subordinate
        instrument was made must if the subordinate instrument is itself
        required to be laid before each House of the Parliament cause-

   (i)  a copy of the matter so applied, adopted or incorporated to be lodged
        with the Clerk of the Parliaments as soon as practicable after the
        subordinate instrument is required to be laid before each House of the
        Parliament; and

   (ii) notice of the documents containing the matter so applied, adopted or
        incorporated and of the fact that a copy of the matter so applied,
        adopted or incorporated has been lodged with the Clerk of the
        Parliaments, to be published in the Government Gazette as soon as
        practicable after the copy of the matter has been lodged; and

   (iii) a copy of the notice published in the Government Gazette to be laid
        before each House of the Parliament as soon as practicable after it is
        published; and

   (b)  a copy of the matter so applied, adopted or incorporated must be kept
        available for inspection during normal office hours by members of the
        public without charge-

   (i)  in the case of a subordinate instrument that is a statutory rule, at
        the Department of the Minister administering the Act under which the
        subordinate instrument is made or at some other appropriate public
        office specified by the Minister by a notice published in the
        Government Gazette; and

   (ii) in the case of a subordinate instrument that is not a statutory rule,
        at the principal office of the body which made the subordinate
        instrument or at some other appropriate public office specified by the
        Minister administering the Act under which it is made by a notice
        published in the Government Gazette.



(4) If a subordinate instrument made on or after the relevant day is
authorised or required to make, and does make, provision for or in relation to
a matter by applying, adopting or incorporating any matter contained in a
document (not being an Act, Commonwealth Act, Code, statutory rule or
statutory rule made under a Commonwealth Act) as in force from time to time
and after the subordinate instrument is made the matter so applied, adopted or
incorporated is at any time amended-

   (a)  the Minister administering the Act under which the subordinate
        instrument was made must, if the subordinate instrument is itself
        required to be laid before each House of the Parliament, cause-

   (i)  a copy of the matter as so amended to be lodged with the Clerk of the
        Parliaments as soon as practicable after that amendment is made; and

   (ii) notice of the amendment and the documents containing that amendment
        and of the fact that a copy of the matter as so amended has been
        lodged with the Clerk of the Parliaments, to be published in the
        Government Gazette as soon as practicable after the copy of the matter
        has been lodged; and

   (iii) a copy of the notice published in the Government Gazette to be laid
        before each House of the Parliament as soon as practicable after it is
        published; and

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   (c)  a copy of the matter as amended must be kept available for inspection
        during normal office hours by members of the public without charge-

   (i)  in the case of a subordinate instrument that is a statutory rule, at
        the Department of the Minister administering the Act under which the
        subordinate instrument is made or at some other appropriate public
        office specified by the Minister by a notice published in the
        Government Gazette; and

   (ii) in the case of a subordinate instrument that is not a statutory rule,
        at the principal office of the body which made the subordinate
        instrument or at some other appropriate public office specified by the
        Minister administering the Act under which it is made by a notice
        published in the Government Gazette.

(5) A failure to comply with subsection (3) or (4) does not affect the
validity, operation or effect of the subordinate instrument.



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(12) Despite subsection (5), a person-

   (a)  must not be convicted of an offence consisting of a contravention of a
        subordinate instrument made on or after the relevant day if it is
        proved that, at the time of the alleged contravention; and

   (b)  is not prejudicially affected or made subject to any liability by a
        subordinate instrument made on or after the relevant day if it is
        proved that, at the relevant time-

a copy of any matter contained in a document (not being an Act, Commonwealth
Act, Code, statutory rule or statutory rule made under a Commonwealth Act)
applied, adopted or incorporated by the subordinate instrument could not be
inspected as provided by this section.

(13) Despite any rule of law to the contrary, where salaries, wages, fees,
allowances or expenses payable to any person or class of persons may be
prescribed, determined or fixed by a subordinate instrument, whether or not
the power to prescribe is subject to conditions, restrictions or limitations,
the salaries, wages, fees, allowances or expenses may be prescribed,
determined or fixed by the subordinate instrument by reference in that
subordinate instrument to the salaries, wages, fees, allowances or expenses
prescribed, determined or fixed by or under any other Act or by or under any
Commonwealth Act from time to time as payable to any other person or class of
persons.

(14) A document or matter is not applied, adopted or incorporated in a
subordinate instrument by reason only that it is referred to in the
subordinate instrument, or in another document or other matter applied,
adopted or incorporated in the subordinate instrument, if the document or
matter so referred to does not affect the operation of the subordinate
instrument.



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