Victorian Consolidated Legislation

Subordinate Legislation Act 1994 - SECT 9

Exemptions from section 7

9. Exemptions from 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 would not impose an appreciable economic
        or social burden on a sector of the public; or

   (b)  the proposed statutory rule is required under a national uniform
        legislation scheme and an assessment of costs and benefits has been
        undertaken under that scheme; or

   (c)  the proposed statutory rule is of a fundamentally declaratory or
        machinery nature; or

   (d)  the proposed statutory rule deals with administration or procedures
        within or as between Departments or declared authorities within the
        meaning of the Public Administration Act 2004; or



   (da) the proposed statutory rule deals with administration or procedures
        within or as between Departments within the meaning of the
        Parliamentary Administration Act 2005; or



   (e)  notice of the proposed statutory rule would render the proposed
        statutory rule ineffective or would unfairly advantage or disadvantage
        any person likely to be affected by the proposed statutory rule.

(2) An exemption certificate under subsection (1) must specify the reasons for
the exemption.

(3) Section 7 does not apply if the Premier certifies in writing that in the
Premier's opinion in the special circumstances of the case the public interest
requires that the proposed statutory rule be made without complying with
section 7.

(4) The Premier must not issue an exemption certificate unless the proposed
statutory rule is to expire on or before the day which is 12 months after the
first day on which any provision of the statutory rule is to come into
operation.

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

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