{"id":"sr:port-management-prescribed-bodies-regulations-2022","name":"Port Management (Prescribed Bodies) Regulations 2022","slug":"port-management-prescribed-bodies-regulations-2022","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181398,"registerId":"vic-sr:port-management-prescribed-bodies-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Port Management (Prescribed Bodies) Regulations 2022","content":"Version No. 001\n\n**Port Management (Prescribed Bodies) Regulations 2022**\n\n**S.R. No. 105/2022**\n\nVersion as at  \n6 November 2022\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Prescribed bodies—reports on audits 2\n\n7 Prescribed bodies—reporting 2\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Explanatory details 6\n\n**Version No.** **001**\n\n**Port Management (Prescribed Bodies) Regulations 2022**\n\n**S.R. No. 105/2022**\n\nVersion as at  \n6 November 2022\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe bodies that are to receive copies of safety and environment management plan audit reports and annual reports on performance outcomes.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 98 of the **Port Management Act 1995**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 6 November 2022.\n\n\t4 Revocation\n\nThe Port Management (Prescribed Bodies) Regulations 2012[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***Environment Protection Authority*** has the same meaning as Authority has in section 3(1) of the **Environment Protection Act 2017**;\n\n***Safe Transport Victoria*** means Safe Transport Victoria constituted by clause 6 of the Transport Restructuring Order (Establishment of Safe Transport Victoria) No. 1/2022 dated 21 June 2022;\n\n***WorkSafe Victoria*** has the same meaning as Authority has in section 3 of the **Workplace Injury Rehabilitation and Compensation Act 2013**.\n\n\t6 Prescribed bodies—reports on audits\n\nThe following bodies are prescribed for the purposes of section 91FA(c) of the **Port Management Act 1995**—\n\n(a) Safe Transport Victoria;\n\n(b) Environment Protection Authority;\n\n(c) WorkSafe Victoria.\n\n\t7 Prescribed bodies—reporting\n\nThe following bodies are prescribed for the purposes of section 91HB(1) of the **Port Management Act 1995**—\n\n(a) Safe Transport Victoria;\n\n(b) Environment Protection Authority;\n\n(c) WorkSafe Victoria.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Port Management (Prescribed Bodies) Regulations 2022, S.R. No. 105/2022 were made on 4 October 2022 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 98 of the **Port Management Act 1995**, No. 82/1995 and came into operation on 6 November 2022: regulation 3.\n\nThe Port Management (Prescribed Bodies) Regulations 2022 will sunset 10 years after the day of making on 4 October 2032 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Port Management (Prescribed Bodies) Regulations 2022 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 124/2012. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain the exact same scope as their 2012 predecessor – prescribing which bodies receive port audit and performance reports. The only changes are updating agency names to reflect current government structure (adding Safe Transport Victoria, removing presumably outdated references). No expansion of reporting obligations or new categories of prescribed bodies."},"complexity_factors":["Only 7 regulations total, spanning 2 pages of substantive content","Just 3 defined terms, all simple cross-references to other Acts","No conditional logic, exceptions, or nested provisions","Straightforward prescription of bodies for two specific sections of the parent Act","Minimal cross-referencing – only points to sections 91FA(c) and 91HB(1) of the Port Management Act 1995"],"plain_english_summary":"**What this does:**\nThese regulations tell port operators in Victoria which government agencies must receive copies of their safety and environmental reports.\n\n**Who it affects:**\n- **Port operators** – must send audit reports and annual performance reports to three specific agencies\n- **Three government bodies** – now officially entitled to receive these reports:\n  - **Safe Transport Victoria** (transport safety regulator)\n  - **Environment Protection Authority** (environmental regulator)  \n  - **WorkSafe Victoria** (workplace safety regulator)\n\n**Why it matters:**\nPorts handle dangerous goods, heavy machinery, and sensitive marine environments. These rules ensure the right regulators can monitor safety and environmental compliance without port operators having to guess who needs what paperwork. It replaces the 2012 version to update which agencies exist (Safe Transport Victoria is new) and removes outdated references.\n\n**In short:** It's a housekeeping update that ensures port safety reports go to the correct modern regulators."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation appears to serve its stated purpose as a straightforward administrative instrument prescribing which bodies hold formal status under the Port Management Act. There is no indication from the available text that its scope diverged from its original intent. It performs a narrow, technical function consistent with its title."},"complexity_factors":["Very narrow and administrative in scope — primarily a list of named bodies","Derives meaning from the parent Port Management Act, which is not reproduced here, requiring cross-referencing","Limited substantive content visible in the provided text — mostly metadata and version history","No complex definitions, offence provisions, or financial penalties apparent","Standard subordinate legislation format with low interpretive difficulty"],"plain_english_summary":"This regulation lists organisations as “prescribed bodies” under Victoria’s Port Management Act, giving them formal legal standing in port management processes (e.g., consultation, information and participation rights). \n\nIt mainly affects the listed organisations, port operators and nearby councils or businesses: being added or removed changes your legal role and responsibilities in how Victorian ports are managed."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument is an administrative update rather than a substantive expansion. It revokes the 2012 regulations and prescribes the current set of recipient agencies for audit and annual performance reports under the Port Management Act (regs 6–7 and reg 4). The change updates institutional names (for example, adding Safe Transport Victoria as constituted in the Transport Restructuring Order) to reflect current administrative arrangements but does not broaden the types of reports or add new regulatory powers beyond those in the parent Act."},"complexity_factors":["Seven short regulations only (regs 1–7).","Three prescribed bodies listed (regs 6–7).","Few defined terms (Environment Protection Authority, Safe Transport Victoria, WorkSafe Victoria) in reg 5, all by statutory cross-reference.","Direct cross-references to two specific provisions of the Port Management Act (s 91FA(c) and s 91HB(1)).","Revocation of an earlier 2012 instrument (reg 4) — a simple replacement rather than layered amendments.","No conditional logic, nested exceptions, or schedules; no penalties or procedural detail in the instrument itself.","Dependence on external instruments for definitions and operational detail increases interpretive reliance on other Acts (minor cross-reference complexity)."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- These Regulations identify which government agencies must receive copies of two kinds of documents created under the Port Management Act 1995: (a) safety and environment management plan audit reports, and (b) annual reports on performance outcomes. (See regs 6 and 7.)\n- The named recipients (the “prescribed bodies”) are: Safe Transport Victoria; the Environment Protection Authority (EPA); and WorkSafe Victoria. (Reg 6(a)–(c); reg 7(a)–(c).)\n- The Regulations define those names by reference to other statutes (reg 5). They also revoke the previous 2012 regulations that performed the same function (reg 4) and operate under the power in s 98 of the Port Management Act (reg 2).\n\n**Who this affects and who pays**\n\n- Primary effect: port managers and other persons required by the Port Management Act to produce audit reports and annual performance reports. Those persons must provide copies of those documents to the three prescribed bodies. (Regs 6–7 read with s 91FA(c) and s 91HB(1) of the Port Management Act.)\n- Who pays (compliance cost): the administrative and time cost of preparing and sending copies of reports falls on the report-producer (typically the port manager or licence-holder). If regulators take follow-up action, those actions may impose additional compliance costs on the port operator.\n- Who benefits: the three regulators (Safe Transport Victoria, EPA, WorkSafe) receive direct information that supports their regulatory functions (inspection, enforcement, oversight).\n\n**Why it matters (stated purpose and practical effects)**\n\n- The Regulations’ stated objective is to prescribe bodies that will receive copies of audit and annual performance reports (reg 1). By naming recipients, the Regulations create mandatory information flows from port operators to those regulators.\n- Practical effects include increased regulatory visibility of port safety, environment and workplace-injury matters, and an administrative requirement on port operators to distribute reports to the three bodies listed. That visibility can lead to enforcement, advice, or other regulatory responses by the recipient agencies.\n\n**Implementation, incentives and trade-offs**\n\n- Administrative burden: The measure is procedural—it does not itself impose new substantive safety or environmental standards—but it does increase the number of recipients who must be given copies, which raises modest administrative costs for report-producers (see regs 6–7).\n- Regulatory oversight and duplication risk: Multiple recipients receive the same documents, which concentrates authoritative information with regulators but can duplicate review effort across agencies. The Regulations do not set timeframes or formats for delivery; those remain governed by the Port Management Act or agency practice (regs 6–7 rely on the Act’s provisions).\n- Changes to institutional recipients: The definitions (reg 5) update the named bodies by reference to current statutory entities (for example, Safe Transport Victoria as constituted by the Transport Restructuring Order). That updates the list of recipients without creating new regulatory powers for those agencies.\n- Effects on private choice and markets: The Regulations do not directly change market entry, pricing, ownership or contract freedom. Their impact on private enterprise is indirect and administrative—information-sharing may increase regulatory scrutiny, which can alter compliance costs and incite behavioral changes by port operators.\n\n**Risks and operational notes**\n\n- Dependence on the Port Management Act: The Regulations operate only to the extent that the Port Management Act requires the production of the specified reports (regs 6–7 reference s 91FA(c) and s 91HB(1) of that Act). Any detailed obligations (timing, content, penalties) are in the parent Act, not in these Regulations.\n- Revision of previous instrument: The 2012 regulations are revoked (reg 4); this is primarily an update of recipients rather than a substantive expansion of regulatory remit.\n\n(References: regs 1–7 of the Port Management (Prescribed Bodies) Regulations 2022; cross-references to ss 91FA(c) and 91HB(1) of the Port Management Act 1995; reg 5 definitions.)"}},"importantCases":[],"_links":{"self":"/api/acts/port-management-prescribed-bodies-regulations-2022","history":"/api/acts/port-management-prescribed-bodies-regulations-2022/history","analysis":"/api/acts/port-management-prescribed-bodies-regulations-2022/analysis","conflicts":"/api/acts/port-management-prescribed-bodies-regulations-2022/conflicts","importantCases":"/api/acts/port-management-prescribed-bodies-regulations-2022/important-cases","documents":"/api/acts/port-management-prescribed-bodies-regulations-2022/documents"}}