Victorian Consolidated Legislation

Subordinate Legislation Act 1994 - SECT 4

Prescribing instrument to be a statutory rule or to be exempt

4. Prescribing instrument to be a statutory rule or to be exempt



(1) The Governor in Council may make regulations under this Act-

   (a)  prescribing an instrument or class of instruments to be a
        statutory rule or statutory rules for the purposes of paragraph (c) of
        the definition of statutory rule in section 3;

   (b)  exempting an instrument or class of instruments that is a
        statutory rule under paragraph (a) or (b) of the definition of
        statutory rule in section 3 and is not of a legislative character.

(2) The Minister must consult the Scrutiny Committee before submitting a
proposed regulation under subsection (1) to the Governor in Council.

(3) If an instrument or class of instrument is prescribed to be a
statutory rule or statutory rules-

   (a)  this Act applies to the instrument or class of instrument; and

   (b)  any provision of the Act under which the instrument or class of
        instrument is made which is inconsistent with, or duplicates, any
        provision of this Act does not apply to the instrument or class of
        instrument.

(4) If an instrument or class of instrument is exempt-

   (a)  this Act (other than this subsection) does not apply to the instrument
        or class of instrument; and

   (b)  publication of the instrument in the Government Gazette is sufficient
        compliance with any requirements in relation to the publication of the
        instrument that are contained in the Act under which it is made; and

   (c)  unless provision is made to the contrary by the Act under which it is
        made, the instrument or a provision of it comes into operation at the
        beginning of the day on which the instrument is published in the
        Government Gazette or at the beginning of such later day as is
        expressed in the instrument as the day on which the instrument or
        provision (as the case requires) comes into operation.