Victorian Consolidated Legislation

Subordinate Legislation Act 1994 - SECT 13

PART 3 MAKING, TABLING AND COMMENCEMENT OF STATUTORY RULES

Section 13 certificate

13. Section 13 certificate

A proposed statutory rule that is to be made by, or with the consent or
approval of, the Governor in Council must be submitted to the Chief
Parliamentary Counsel for the issue of a certificate by the Chief
Parliamentary Counsel specifying whether the proposed statutory rule-

   (a)  appears to be within the powers conferred by the authorising Act;

   (b)  appears without clear and express authority being conferred by the
        authorising Act-

   (i)  to have a retrospective effect; or

   (ii) to impose a tax, fee, fine, imprisonment or other penalty; or

   (iii) to shift the onus of proof to a person accused of an offence; or

   (iv) to sub-delegate powers delegated by the authorising Act;

   (c)  appears to be consistent with the general objectives of the
        authorising Act;

   (d)  appears to be consistent with and to achieve the objectives set out in
        the proposed statutory rule and, if the proposed statutory rule is to
        amend an existing statutory rule, appears to be consistent with the
        objectives set out in the existing statutory rule;

   (e)  appears to be inconsistent with principles of justice and fairness;



   (f)  appears significantly or substantially to overlap or conflict with any
        other statutory rule or legislation;

   (g)  is expressed as clearly and unambiguously as is reasonably possible.