Victorian Consolidated Legislation

Subordinate Legislation Act 1994 - SECT 8

Exceptions to section 7

8. Exceptions to section 7



(1) Section 7 does not apply if the responsible Minister certifies in writing
that in his or her opinion-

   (a)  the proposed statutory rule increases fees in respect of a financial
        year by an annual rate that does not exceed the annual rate approved
        by the Treasurer in relation to the State Budget for the purposes of
        this section; or

   (b)  the proposed statutory rule is a rule which relates only to a court or
        tribunal or the procedure, practice or costs of a court or tribunal;
        or

   (c)  the proposed statutory rule only prescribes an indexation factor for
        the purposes of section 20 of the Land Tax Act 2005; or



   (d)  the proposed statutory rule only-

   (i)  prescribes under section 4(1)(a) an instrument or class of instrument
        to be a statutory rule; or

   (ii) exempts under section 4(1)(b) an instrument or class of instrument
        from the operation of this Act; or

   (iii) extends under section 5(4) the operation of a statutory rule that
        would otherwise be revoked by virtue of section 5.

(2) For the purposes of subsection (1)(a), in calculating the amount of an
increase the amount is deemed to have been calculated in accordance with
subsection (1)(a) if the calculation is made to the nearest whole $1.

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

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