Victorian Consolidated Legislation

Subordinate Legislation Act 1994 - SECT 6A

Infringements offence consultation certificate

6A. Infringements offence consultation certificate



(1) If a proposed statutory rule provides for the enforcement of an offence
against the statutory rule by an infringement notice, whether under the
Infringements Act 2006 or otherwise, the responsible Minister must certify-

   (a)  that the Department of Justice has been consulted about-

   (i)  the enforcement of the proposed statutory rule by infringement notice;
        and

   (ii) the suitability of the proposed statutory rule to be an infringement
        offence enforced under the Infringements Act 2006; and

   (b)  that the Attorney-General's guidelines within the meaning of the
        Infringements Act 2006 have been taken into account in the preparation
        of the proposed statutory rule; and

   (c)  that the Minister is satisfied that the proposed statutory rule-

   (i)  meets the requirements of those guidelines; or

   (ii) does not meet the requirements of those guidelines but should be made
        despite not meeting those requirements because of the reasons
        specified in the certificate.

(2) The responsible Minister must ensure that a copy of the certificate under
subsection (1) is given to the Scrutiny Committee as soon as practicable after
the statutory rule is made.

(3) A copy of the certificate under subsection (1) must be laid before each
House of the Parliament at the same time as the statutory rule is so laid
under section 15.