Victorian Consolidated Legislation

Road Management Act 2004 - SECT 23

Power of Governor in Council to give exemption

23. Power of Governor in Council to give exemption



(1) The Governor in Council may by Order in Council published in the
Government Gazette exempt from the operation of this Act or of specified
provisions of this Act, a person, project, activity, matter or thing or class
of person, project, activity, matter or thing specified in the Order in
Council.

(2) An Order in Council under this section-

   (a)  may specify terms and conditions to which the exemption is subject;

   (b)  may specify the period of time during which the exemption is in force;

   (c)  has effect from the date that it is published in the Government
        Gazette or any later date specified in the Order in Council.

(3) On or before the 6th sitting day an Order in Council made under this
section is published in the Government Gazette, the Minister must ensure that
a copy of the Order in Council is laid before each House of the Parliament.

(4) A failure to comply with subsection (3) does not affect the operation or
effect of the Order in Council but the Scrutiny of Acts and Regulations
Committee of the Parliament may report the failure to each House of the
Parliament.

(5) An Order in Council made under this section may be disallowed in whole or
in part by either House of Parliament.

(6) Part 5 of the Subordinate Legislation Act 1994 applies to an Order made
under this section as if-

(a) a reference in that Part to a "statutory rule" were a reference to the
Order; and

   (b)  a reference in section 23(1)(c) of that Part to "section 15(1)" were a
        reference to subsection (3).