{"id":"subordinate-legislation-act-1994","name":"Subordinate Legislation Act 1994","slug":"subordinate-legislation-act-1994","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174105,"registerId":"vic-subordinate-legislation-act-1994-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n\t1 Purpose\n\nThe purpose of this Act is—\n\n(a) to ensure that the power to make subordinate legislation is exercised subject to Parliament's authority and control;\n\n(b) to regulate the preparation, making, publication and scrutiny of subordinate legislation;\n\n(c) to provide for public participation in the preparation and scrutiny of subordinate legislation;\n\n(d) to amend the **Interpretation of Legislation Act 1984** in relation to incorporated documents, the incorporation of amendments and the admissibility of Acts and subordinate instruments.\n\n\t2 Commencement\n\nThis Act comes into operation on 1 January 1995.\n\nS. 3  \namended by No. 78/2010 s. 25(2) (ILA s. 39B(1)).\n\n\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *amendment* substituted by No. 78/2010 s. 25(3)(a).\n\n***amendment***, in relation to a statutory rule or legislative instrument, means the insertion, omission or substitution of words or expressions in the statutory rule or legislative instrument by another statutory rule, legislative instrument, other subordinate instrument or by an Act;\n\nS. 3(1) def. of *authorising Act* substituted by No. 78/2010 s. 25(3)(b).\n\n***authorising Act*** means the Act or provision of an Act under which a statutory rule or a proposed statutory rule or a legislative instrument or a proposed legislative instrument is, or is to be, made or purports to be made;\n\nS. 3(1) def. of *compliance certificate* substituted by No. 78/2010 s. 25(3)(c).\n\n***compliance certificate*** means a certificate issued by the responsible Minister—\n\n(a) in relation to a statutory rule or proposed statutory rule, under section 10(4);\n\n(b) in relation to a legislative instrument or proposed legislative instrument, under section 12H;\n\nS. 3(1) def. of *exception certificate* repealed by No. 78/2010 s. 4(2)(b).\n\n* * * * *\n\nS. 3(1) def. of *exemption certificate* substituted by No. 78/2010 ss 4(2)(a), 25(3)(d).\n\n***exemption certificate*** means a certificate issued—\n\n(a) in relation to a proposed statutory rule, by the responsible Minister under section 8(1) or the Premier under section 9;\n\n(b) in relation to a proposed legislative instrument, by the responsible Minister under section 12F or the Premier under section 12G;\n\nS. 3(1) def. of *extension certificate* inserted by No. 78/2010 s. 4(1).\n\n***extension certificate*** means a certificate issued under section 5A(1) by the responsible Minister;\n\nS. 3(1) def. of *extension regulation* inserted by No. 78/2010 s. 4(1).\n\n***extension regulation*** means a regulation made under section 5A extending the operation of a statutory rule;\n\n***Government Printer*** means the person appointed to be the Government Printer for Victoria under section 72 of the **Constitution Act 1975**;\n\n***guidelines*** means guidelines under section 26;\n\nS. 3(1) def. of *human rights certificate* inserted by No. 78/2010 s. 4(1), substituted by No. 78/2010 s. 25(3)(e).\n\n***human rights certificate*** means a certificate issued by the responsible Minister—\n\n(a) in relation to a proposed statutory rule, under section 12A(1); or\n\n(b) in relation to a proposed legislative instrument, under section 12D(1);\n\nS. 3(1) def. of *human rights exemption certificate* inserted by No. 78/2010 s. 4(1), substituted by No. 78/2010 s. 25(3)(f).\n\n***human rights exemption certificate*** means a certificate issued by the responsible Minister—\n\n(a) in relation to a proposed statutory rule, under section 12A(3); or\n\n(b) in relation to a proposed legislative instrument, under section 12D(3);\n\nS. 3(1) def. of *instrument maker* inserted by No. 78/2010 s. 25(1).\n\n***instrument maker***, in relation to a legislative instrument or proposed legislative instrument, means the entity empowered to make that instrument under the authorising Act;\n\nS. 3(1) def. of *legislative instrument* inserted by No. 78/2010 s. 25(1), amended by No. 9/2020 s. 390(Sch. 1 item 98).\n\n***legislative instrument*** means an instrument made under an Act or statutory rule that is of a legislative character but does not include—\n\n(a) a statutory rule; or\n\n(b) a local law made under Division 3 of Part 3 of the **Local Government Act 2020** and any other instrument made by a council under that Act or any other Act; or\n\n(c) a proclamation of commencement of an Act or any provision of an Act; or\n\n(d) a planning scheme or an amendment to a planning scheme under the **Planning and Environment Act 1987**; or\n\n(e) the Victoria Planning Provisions within the meaning of the **Planning and Environment Act 1987**; or\n\n(f) a practice note or practice direction issued by or on behalf of a court or tribunal or an instrument which relates only to a court or tribunal or the procedure, practice or costs of a court or tribunal; or\n\n(g) an instrument of purely administrative character; or\n\n(h) a prescribed instrument or a prescribed class of instrument;\n\n***Minister*** means the Minister administering this Act;\n\nS. 3(1) def. of *public sector body* inserted by No. 78/2010 s. 25(1).\n\n***public sector body*** has the same meaning as it has in the **Public Administration Act 2004**;\n\nS. 3(1) def. of *public sector body Head* inserted by No. 47/2024 s. 3(1).\n\n***public sector body Head*** has the same meaning as it has in section 4(1) of the **Public Administration Act 2004**;\n\nS. 3(1) def. of *responsible Minister* substituted by No. 78/2010 ss 4(3), 25(3)(g).\n\n***responsible Minister*** means the Minister administering the authorising Act under which—\n\n(a) a statutory rule or a legislative instrument is made; or\n\n(b) a proposed statutory rule or a proposed legislative instrument is to be made;\n\n***Scrutiny Committee*** means the Scrutiny of Acts and Regulations Committee of the Parliament;\n\n***section 13 certificate*** means a certificate issued by the Chief Parliamentary Counsel under section 13;\n\nS. 3(1) def. of *statutory rule* amended by No. 47/2024 s. 3(2).\n\n***statutory rule*** means—\n\n(a) a regulation—\n\n(i) made by the Governor in Council; or\n\n(ii) made with the consent or approval of the Governor in Council; or\n\n(iii) which the Governor in Council has power to disallow—\n\nother than a regulation made by a local authority or by a person or body with jurisdiction limited to a district or locality or a local law made under Division 3 of Part 3 of the **Local Government Act 2020**; or\n\n(b) a rule relating to a court or tribunal or the procedure, practice or costs of a court or tribunal; or\n\n(c) an instrument or a class of instruments prescribed to be a statutory rule or statutory rules under section 4(1)(a); or\n\n(d) an instrument or class of instrument that is deemed to be a statutory rule or statutory rules by the authorising Act—\n\nbut does not include an instrument or class of instrument specified in paragraph (a) or (b) which is exempted under section 4(1)(b).\n\nS. 3(2) inserted by No. 78/2010 s. 25(2).\n\n(2) For the avoidance of doubt, but without limiting paragraph (g) of the definition of ***legislative instrument***, instruments of purely administrative character for the purposes of this Act include, but are not limited to, the following—\n\n(a) an instrument of delegation;\n\n(b) an evidentiary certificate;\n\n(c) an instrument of appointment or an instrument which changes conditions or terms of appointment;\n\n(d) an instrument which has the sole purpose of giving notice of the making of another instrument;\n\n(e) an instrument which grants, renews, varies, transfers, suspends or cancels a lease, licence or permit that authorises a specified entity to do any act or not to do any act or an instrument refusing to grant, renew, vary or transfer such a lease, licence or permit;\n\n(f) an instrument that registers a specified entity or an instrument refusing to register a specified entity;\n\n(g) an instrument that renews, varies, transfers, suspends or cancels a registration of a specified entity or an instrument refusing to renew, vary, transfer, suspend or cancel a registration of a specified entity;\n\n(h) an instrument imposing conditions on a lease, licence, permit or registration held by a specified entity;\n\nS. 3(2)(ha) inserted by No. 47/2024 s. 3(3).\n\n(ha) an instrument that applies to a specific person or a limited number of specific persons rather than applying at large;\n\n(i) an instrument for the principal purpose of taking disciplinary or enforcement action to ensure compliance with an Act, subordinate instrument or any other law.\n\nS. 3(3) inserted by No. 47/2024 s. 3(4).\n\n(3) For the avoidance of doubt, but without limiting the definition of ***legislative instrument***, instruments of a legislative character for the purposes of this Act include, but are not limited to, instruments—\n\n(a) that include offences; or\n\n(b) that—\n\n(i) set out mandatory requirements to take certain actions or refrain from taking certain actions with general application to the public or a large class of persons; and\n\n(ii) include penalties or other sanctions for non-compliance.\n\nS. 3A  \ninserted by No. 78/2010 s. 26.\n\n","sortOrder":0},{"sectionNumber":"3A","sectionType":"section","heading":"Transitional period—legislative instruments","content":"\t3A Transitional period—legislative instruments\n\nFor a period of 2 years from 1 July 2011, any legislative instrument made during that period is not invalid merely because of a failure—\n\n(a) to characterise or identify that instrument as a legislative instrument; and\n\n(b) to comply with the requirements of this Act applying to legislative instruments.\n\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Prescribing instrument to be a statutory rule or to be exempt","content":"\t4 Prescribing instrument to be a statutory rule or to be exempt\n\n(1) The Governor in Council may make regulations under this Act—\n\n(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;\n\n(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.\n\n(2) The Minister must consult the Scrutiny Committee before submitting a proposed regulation under subsection (1) to the Governor in Council.\n\n(3) If an instrument or class of instrument is prescribed to be a statutory rule or statutory rules—\n\n(a) this Act applies to the instrument or class of instrument; and\n\n(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.\n\n(4) If an instrument or class of instrument is exempt—\n\n(a) this Act (other than this subsection) does not apply to the instrument or class of instrument; and\n\n(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\n\n(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.\n\nS. 4A  \ninserted by No. 78/2010 s. 27.\n\n","sortOrder":2},{"sectionNumber":"4A","sectionType":"section","heading":"Prescribing instrument to be a legislative instrument or to be exempt","content":"\t4A Prescribing instrument to be a legislative instrument or to be exempt\n\n(1) The Governor in Council may make regulations under this Act—\n\n(a) prescribing an instrument or a class of instrument for the purposes of paragraph (h) of the definition of ***legislative instrument***;\n\n(b) prescribing an instrument or a class of instrument to be, or not to be, a legislative instrument or class of legislative instrument for the purposes of this Act or any specified provision or provisions of this Act, whether or not subject to conditions;\n\n(c) exempting an instrument or a class of instrument that is a legislative instrument from the operation of this Act or any specified provision or specified provisions of this Act, whether or not subject to conditions.\n\n(2) If an instrument or a class of instrument is prescribed to be a legislative instrument or legislative instruments—\n\n(a) this Act applies to the instrument or class of instrument; and\n\n(b) subject to this Act, any provision of the authorising 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.\n\n(3) If an instrument or a class of instrument is prescribed as exempt—\n\n(a) the specified provision or provisions of this Act from which the instrument is prescribed to be exempt does not, or do not, apply to the instrument or class of instrument; and\n\n(b) unless provision is made to the contrary by the authorising Act under which it is made, the instrument or a provision of it comes into operation—\n\n(i) at the beginning of the day on which the instrument is published in the Government Gazette; or\n\n(ii) at the beginning of a later day that is expressed in the instrument as the day on which the instrument or provision (as the case requires) comes into operation.\n\nS. 5 substituted by No. 78/2010 s. 5.\n\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Automatic revocation of statutory rules","content":"\t5 Automatic revocation of statutory rules\n\nS. 5(1) amended by No. 47/2024 s. 4(1).\n\n(1) Unless an extension regulation is made or unless sooner revoked, a statutory rule is revoked by virtue of this section on the day which is the tenth anniversary of the making of the statutory rule.\n\nNote to s. 5(1) repealed by No. 47/2024 s. 4(2).\n\n* * * * *\n\n(2) On the revocation of a statutory rule by this section—\n\n(a) any other statutory rule that amends the statutory rule being revoked; and\n\n(b) any provision in any other statutory rule that amends the statutory rule being revoked—\n\nis also revoked by virtue of this section, insofar as the amending statutory rule or provision relates to the statutory rule revoked by this section.\n\nS. 5A inserted by No. 78/2010 s. 5.\n\n","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Extension regulations","content":"\t5A Extension regulations\n\nS. 5A(1) amended by No. 47/2024 s. 5(1)(a).\n\n(1) Subject to subsection (3), the responsible Minister may issue an extension certificate if satisfied that—\n\n(a) due to special circumstances, there is insufficient time to enable compliance with Part 2 in respect of a proposed statutory rule before the statutory rule it is intended to replace is to be revoked by section 5; and\n\nS. 5A(1)(b) amended by No. 47/2024 s. 5(1)(b).\n\n(b) the statutory rule which would otherwise be revoked by section 5 should be extended for a specified period not exceeding 12 months by an extension regulation.\n\n(2) An extension certificate must specify the special circumstances, including the reasons why the extension is necessary.\n\nS. 5A(3) amended by No. 47/2024 s. 5(2).\n\n(3) Before issuing an extension certificate, the responsible Minister must obtain a certificate from the Premier which specifies that the Premier has agreed that the statutory rule which would otherwise be revoked by section 5 should be extended for the specified period by an extension regulation.\n\nS. 5A(4) substituted by No. 47/2024 s. 5(3).\n\n(4) The Governor in Council may make an extension regulation extending the operation of a statutory rule that would otherwise be revoked by section 5 for a period specified in the extension regulation.\n\n(5) Only one extension regulation can be made in respect of the operation of a statutory rule.\n\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Preparation of statutory rules","content":"Part 2—Preparation of statutory rules\n\nS. 6 (Heading) inserted by No. 47/2024 s. 6(1).\n\nS. 6 amended by No. 47/2024 s. 6(2) (ILA s. 39B(1)).\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Consultation—statutory rules","content":"\t6 Consultation—statutory rules\n\n(1) The responsible Minister must ensure that where the guidelines require consultation—\n\n(a) there is consultation in accordance with the guidelines with any other Minister whose area of responsibility may be affected by a proposed statutory rule so as to avoid any overlap or conflict with any other existing or proposed statutory rule or legislation;\n\nS. 6(1)(b) amended by No. 78/2010 s. 6(1).\n\n(b) there is consultation in accordance with the guidelines with any sector of the public on which a significant economic or social burden may be imposed by a proposed statutory rule so that the need for, and the scope of, the proposed statutory rule is considered;\n\nS. 6(1)(c) amended by No. 78/2010 s. 6(2).\n\n(c) a certificate of consultation in accordance with the guidelines is issued for that statutory rule.\n\nS. 6(2) inserted by No. 47/2024 s. 6(2).\n\n(2) Without limiting subsection (1) or the guidelines, the responsible Minister may consult with any relevant public sector body Head whose area of responsibility may be affected by a proposed statutory rule.\n\nS. 6(3) inserted by No. 47/2024 s. 6(2).\n\n(3) The operation or effect of a statutory rule is not affected by—\n\n(a) a failure to comply with subsection (1); or\n\n(b) consultation under subsection (2) not occurring.\n\nS. 6A inserted by No. 12/2006 s. 177.\n\n","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"Infringements offence consultation certificate","content":"\t6A Infringements offence consultation certificate\n\nS. 6A(1) amended by No. 9/2008 s. 43(a).\n\n(1) If a proposed statutory rule provides for the enforcement of an offence by an infringement notice, whether under the **Infringements Act 2006** or otherwise, the responsible Minister must certify—\n\nS. 6A(1)(a) amended by No. 47/2024 s. 7.\n\n(a) that the Department of the Minister administering the **Infringements Act 2006** has been consulted about—\n\nS. 6A(1)(a)(i) amended by No. 9/2008 s. 43(b).\n\n(i) the enforcement of the offence referred to in the proposed statutory rule by infringement notice; and\n\nS. 6A(1)(a)(ii) amended by No. 9/2008 s. 43(b).\n\n(ii) the suitability of the offence referred to in the proposed statutory rule to be an infringement offence enforced under the **Infringements Act 2006**; and\n\n(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\n\nS. 6A(1)(c) amended by No. 9/2008 s. 43(c).\n\n(c) that the Minister is satisfied that the proposed statutory rule, insofar as it relates to an infringement offence—\n\n(i) meets the requirements of those guidelines; or\n\n(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.\n\nS. 6A(2)(3) repealed by No. 78/2010 s. 7.\n\n* * * * *\n\nS. 7 (Heading) amended by No. 47/2024 s. 8.\n\nS. 7 substituted by No. 78/2010 s. 8.\n\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Regulatory impact statement must be prepared for statutory rules","content":"\t7 Regulatory impact statement must be prepared for statutory rules\n\n(1) The responsible Minister must ensure that a regulatory impact statement is prepared for a proposed statutory rule.\n\n(2) Subsection (1) does not apply if an exemption certificate is issued for the proposed statutory rule.\n\nS. 8 (Heading) amended by No. 47/2024 s. 9(1).\n\nS. 8 amended by Nos 30/2002 s. 18, 88/2005 s. 117(Sch. 2 item 7), substituted by No. 78/2010 s. 8.\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Exemption certificates—statutory rules","content":"\t8 Exemption certificates—statutory rules\n\n(1) The responsible Minister may issue an exemption certificate in writing certifying that, in the opinion of the Minister—\n\n(a) the proposed statutory rule would not impose a significant economic or social burden on a sector of the public; or\n\n(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\n\n(c) the proposed statutory rule is of a fundamentally declaratory or machinery nature; or\n\nS. 8(1)(d) substituted by No. 47/2024 s. 9(2)(a).\n\n(d) the proposed statutory rule only increases fees in respect of a financial year by an amount not exceeding the annual rate fixed by the Treasurer in accordance with section 5 of the **Monetary Units Act 2004**; or\n\nNote to s. 8(1)(d) inserted by No. 47/2024 s. 9(2)(b).\n\n**Note**\n\nSee also section 5(8) of the **Monetary Units Act 2004**, which requires the annual rate to be published on a website maintained by the Department of the Minister administering the **Monetary Units Act 2004**.\n\nS. 8(1)(da) inserted by No. 47/2024 s. 9(2)(c).\n\n(da) the proposed statutory rule would only impose a burden on a public sector body; or\n\n(e) the proposed statutory rule—\n\n(i) only prescribes under section 4(1)(a) an instrument or class of instrument to be a statutory rule; or\n\n(ii) only exempts under section 4(1)(b) an instrument or class of instrument from the operation of this Act; or\n\n(iii) is an extension regulation; or\n\nS. 8(1)(e)(iv) inserted by No. 78/2010 s. 28.\n\n(iv) only prescribes under section 4A(1)(a) an instrument or a class of instrument for the purposes of paragraph (h) of the definition of ***legislative instrument***; or\n\nS. 8(1)(e)(v) inserted by No. 78/2010 s. 28.\n\n(v) only prescribes under section 4A(1)(b) an instrument or a class of instrument to be, or not to be, a legislative instrument or class of legislative instrument for the purposes of this Act or any specified provision or provisions of this Act; or\n\nS. 8(1)(e)(vi) inserted by No. 78/2010 s. 28.\n\n(vi) only exempts under section 4A(1)(c) an instrument or a class of instrument from the operation of this Act or any specified provision of this Act; or\n\n(f) 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\n\nS. 8(1)(fa) inserted by No. 47/2024 s. 9(2)(d).\n\n(fa) the proposed statutory rule—\n\n(i) does not remake (whether with or without amendment) a statutory rule that has already been made under a Premier's exemption certificate; and\n\n(ii) is of not more than 12 months duration; and\n\n(iii) is necessary to respond to—\n\n(A) a public emergency; or\n\n(B) an urgent public health issue or an urgent public safety issue; or\n\n(C) likely or actual significant damage to the environment, resource sustainability or the economy; or\n\n(g) the proposed statutory rule deals with administration or procedures within or as between—\n\n(i) Departments or declared authorities within the meaning of the **Public Administration Act 2004**; or\n\n(ii) Departments within the meaning of the **Parliamentary Administration Act 2005**; or\n\n(h) 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.\n\n(2) For the purposes of subsection (1)(d), in calculating the amount of an increase, the amount is deemed to have been calculated in accordance with subsection (1)(d) if the calculation is made to the nearest whole $1.\n\n(3) An exemption certificate must specify the reasons for the exemption.\n\nS. 9 amended by Nos 24/1996 s. 35, 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 191), 20/2005 s. 52(5), substituted by No. 78/2010 s. 8.\n\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Premier's exemption certificate—statutory rules","content":"\t9 Premier's exemption certificate—statutory rules\n\n(1) The Premier may issue a certificate 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(1).\n\n(2) The Premier must not issue an exemption certificate unless—\n\n(a) 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; and\n\n(b) the relevant responsible Minister has given the Premier written reasons why the public interest requires that the proposed statutory rule be made without complying with section 7(1).\n\n(3) An exemption certificate issued under subsection (1) must—\n\n(a) specify the reasons for the exemption; and\n\n(b) be signed by the Premier; and\n\n(c) be dated with the date of signing.\n\nS. 10 (Heading) inserted by No. 47/2024 s. 10(1).\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Content of regulatory impact statements—statutory rules","content":"\t10 Content of regulatory impact statements—statutory rules\n\n(1) A regulatory impact statement must include—\n\n(a) a statement of the objectives of the proposed statutory rule;\n\n(b) a statement explaining the effect of the proposed statutory rule, including in the case of a proposed statutory rule which is to amend an existing statutory rule the effect on the operation of the existing statutory rule;\n\nS. 10(1)(ba) inserted by No. 78/2010 s. 9(1).\n\n(ba) in the case of a proposed statutory rule which amends fees in an existing statutory rule, a table comparing the proposed fees and existing fees, including an indication of the percentage increase or decrease for each fee;\n\n(c) a statement of other practicable means of achieving those objectives, including other regulatory as well as non-regulatory options;\n\n(d) an assessment of the costs and benefits of the proposed statutory rule and of any other practicable means of achieving the same objectives;\n\n(e) the reasons why the other means are not appropriate;\n\n(f) any other matters specified by the guidelines;\n\n(g) a draft copy of the proposed statutory rule.\n\n(2) The assessment of the costs and benefits must include an assessment of the economic, environmental and social impact and the likely administration and compliance costs including resource allocation costs.\n\n(3) The responsible Minister must ensure that independent advice as to the adequacy of the regulatory impact statement and of the assessment included in the regulatory impact statement is obtained and considered in accordance with the guidelines.\n\n(4) The responsible Minister must before a statutory rule in respect of which a regulatory impact statement is required is made, give a certificate in writing specifying—\n\n(a) that the requirements relating to regulatory impact statements in this Act and the guidelines have been complied with; and\n\nS. 10(4)(b) amended by No. 47/2024 s. 10(2).\n\n(b) that in the Minister's opinion the regulatory impact statement adequately assesses the likely impact of the proposed statutory rule.\n\nS. 10(5) repealed by No. 78/2010 s. 9(2).\n\n* * * * *\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Comments and submissions","content":"\t11 Comments and submissions\n\n(1) If a regulatory impact statement has been prepared, the responsible Minister must ensure that a notice in accordance with subsection (2) is published in—\n\n(a) the Government Gazette; and\n\n(b) a daily newspaper circulating generally throughout Victoria; and\n\n(c) if the responsible Minister considers it appropriate, in such trade, professional or public interest publications as the responsible Minister determines.\n\n(2) A notice must—\n\n(a) state the reason for, and the objectives of, the proposed statutory rule;\n\n(b) summarise the results of the regulatory impact statement;\n\n(c) specify where a copy of the regulatory impact statement and of the proposed statutory rule can be obtained;\n\n(d) invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.\n\nS. 11(3) substituted by No. 78/2010 s. 10.\n\n(3) The responsible Minister must ensure that all comments and submissions are considered before the statutory rule is made.\n\n**Note**\n\nSee also section 15A.\n\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Notice of decision","content":"\t12 Notice of decision\n\n(1) If a regulatory impact statement has been prepared, the responsible Minister must ensure that a notice advising of the decision to make or not to make the proposed statutory rule is published in—\n\n(a) the Government Gazette; and\n\n(b) a daily newspaper circulating generally throughout Victoria.\n\n(2) Notice of a decision not to make a proposed statutory rule must be published as soon as practicable after the decision has been made.\n\n(3) Notice of a decision to make a proposed statutory rule must be published before the proposed statutory rule is made.\n\nS. 12(4) inserted by No. 78/2010 s. 11.\n\n(4) A failure to comply with subsection (1), (2) or (3) does not affect the operation or effect of the statutory rule but the Scrutiny Committee may report the failure to each House of the Parliament.\n\nS. 12A (Heading) amended by No. 47/2024 s. 11(1).\n\nS. 12A inserted by No. 43/2006 s. 47(Sch. item 7.1).\n\n","sortOrder":14},{"sectionNumber":"12A","sectionType":"section","heading":"Human rights certificate—statutory rules","content":"\t12A Human rights certificate—statutory rules\n\n(1) The responsible Minister must ensure that a human rights certificate is prepared in respect of a proposed statutory rule, unless the proposed statutory rule is exempted under subsection (3).\n\n(2) A human rights certificate must—\n\n(a) certify whether, in the opinion of the responsible Minister, the proposed statutory rule does or does not limit any human right set out in the Charter of Human Rights and Responsibilities; and\n\n(b) if it certifies that, in the opinion of the responsible Minister, the proposed statutory rule does limit a human right set out in the Charter of Human Rights and Responsibilities, set out—\n\n(i) the nature of the human right limited; and\n\n(ii) the importance of the purpose of the limitation; and\n\n(iii) the nature and extent of the limitation; and\n\n(iv) the relationship between the limitation and its purpose; and\n\n(v) any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.\n\nS. 12A(3) amended by No. 47/2024 s. 11(2).\n\n(3) Subsection (1) does not apply if the responsible Minister certifies in writing that in the Minister's opinion—\n\n(a) 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\n\n(b) the proposed statutory rule only—\n\n(i) prescribes under section 4(1)(a) an instrument or class of instrument to be a statutory rule; or\n\n(ii) exempts under section 4(1)(b) an instrument or class of instrument from the operation of this Act; or\n\nS. 12A(3)(b)  \n(iia)  \ninserted by No. 78/2010 s. 29.\n\n(iia) prescribes under section 4A(1)(a) an instrument or a class of instrument for the purposes of paragraph (h) of the definition of ***legislative instrument***; or\n\nS. 12A(3)(b)  \n(iib)  \ninserted by No. 78/2010 s. 29.\n\n(iib) prescribes under section 4A(1)(b) an instrument or a class of instrument to be, or not to be, a legislative instrument or class of legislative instrument for the purposes of this Act or any specified provision or provisions of this Act; or\n\nS. 12A(3)(b)(iii) repealed by No. 78/2010 s. 12(a).\n\n* * * * *\n\nS. 12A(3)(c) inserted by No. 78/2010 s. 12(b).\n\n(c) the proposed statutory rule is an extension regulation.\n\nS. 12B inserted by No. 78/2010 s. 13.\n\n","sortOrder":15},{"sectionNumber":"12B","sectionType":"section","heading":"Certificates and composite certificates","content":"\t12B Certificates and composite certificates\n\n(1) A certificate issued under this Part must be—\n\n(a) signed by the responsible Minister issuing the certificate; and\n\n(b) dated with the date of signing.\n\n(2) A certificate issued under this Part may be a composite certificate which incorporates the certificates required by sections 6, 6A, 8 and 10(4) or any combination of those certificates.\n\nPt 2A (Heading and ss 12C−12K) inserted by No. 78/2010 s. 30.\n\n","sortOrder":16},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Preparation of legislative instruments","content":"Part 2A—Preparation of legislative instruments\n\nS. 12C inserted by No. 78/2010 s. 30, amended by No. 47/2024 s. 12 (ILA s. 39B(1)).\n\n","sortOrder":17},{"sectionNumber":"12C","sectionType":"section","heading":"Consultation—legislative instruments","content":"\t12C Consultation—legislative instruments\n\n(1) The responsible Minister must ensure that where the guidelines require consultation—\n\n(a) there is consultation in accordance with the guidelines with any other Minister whose area of responsibility may be affected by a proposed legislative instrument so as to avoid any overlap or conflict with any other existing or proposed statutory rule, legislative instrument or other legislation;\n\n(b) there is consultation in accordance with the guidelines with any sector of the public on which a significant economic or social burden may be imposed by a proposed legislative instrument so that the need for, and the scope of, the proposed legislative instrument is considered;\n\n(c) a certificate of consultation in accordance with the guidelines is issued for the proposed legislative instrument.\n\nS. 12C(2) inserted by No. 47/2024 s. 12.\n\n(2) Without limiting subsection (1) or the guidelines, the responsible Minister may consult with any relevant public sector body Head whose area of responsibility may be affected by a proposed legislative instrument.\n\nS. 12C(3) inserted by No. 47/2024 s. 12.\n\n(3) The operation or effect of a legislative instrument is not affected by—\n\n(a) a failure to comply with subsection (1); or\n\n(b) consultation under subsection (2) not occurring.\n\nS. 12D inserted by No. 78/2010 s. 30.\n\n","sortOrder":18},{"sectionNumber":"12D","sectionType":"section","heading":"Human rights certificate—legislative instruments","content":"\t12D Human rights certificate—legislative instruments\n\n(1) The responsible Minister must ensure that a human rights certificate is prepared in respect of a proposed legislative instrument unless the proposed legislative instrument is exempted under subsection (3).\n\n(2) A human rights certificate for a legislative instrument must—\n\n(a) certify whether, in the opinion of the responsible Minister, the proposed legislative instrument does or does not limit any human right set out in the Charter of Human Rights and Responsibilities; and\n\n(b) if it certifies that, in the opinion of the responsible Minister, the proposed legislative instrument does limit a human right set out in the Charter of Human Rights and Responsibilities, set out—\n\n(i) the nature of the human right limited; and\n\n(ii) the importance of the purpose of the limitation; and\n\n(iii) the nature and extent of the limitation; and\n\n(iv) the relationship between the limitation and its purpose; and\n\n(v) any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.\n\n(3) Subsection (1) does not apply if the responsible Minister certifies in writing that, in the Minister's opinion, the proposed legislative instrument is of not more than 12 months duration and is necessary to respond to—\n\n(a) a public emergency; or\n\n(b) an urgent public health issue or an urgent public safety issue; or\n\n(c) likely or actual significant damage to the environment, resource sustainability or the economy.\n\nS. 12E (Heading) amended by No. 47/2024 s. 13.\n\nS. 12E inserted by No. 78/2010 s. 30.\n\n","sortOrder":19},{"sectionNumber":"12E","sectionType":"section","heading":"Regulatory impact statement must be prepared for legislative instruments","content":"\t12E Regulatory impact statement must be prepared for legislative instruments\n\n(1) Subject to subsection (2), the responsible Minister must ensure that a regulatory impact statement is prepared by or on behalf of the instrument maker for a proposed legislative instrument.\n\n(2) If the Governor in Council is the instrument maker for a proposed legislative instrument, the Governor in Council is not required to prepare a regulatory impact statement and the responsible Minister must ensure that a regulatory impact statement is prepared for the proposed legislative instrument.\n\n(3) Subsections (1) and (2) do not apply if an exemption certificate is issued for the proposed legislative instrument.\n\nS. 12F inserted by No. 78/2010 s. 30.\n\n","sortOrder":20},{"sectionNumber":"12F","sectionType":"section","heading":"Exemption certificates—legislative instruments","content":"\t12F Exemption certificates—legislative instruments\n\n(1) The responsible Minister may issue an exemption certificate in writing certifying that, in the opinion of the Minister—\n\n(a) the proposed legislative instrument would not impose a significant economic or social burden on a sector of the public; or\n\n(b) the proposed legislative instrument is of a fundamentally declaratory or machinery nature; or\n\nS. 12F(1)(c) substituted by No. 47/2024 s. 14(1).\n\n(c) the proposed legislative instrument only increases fees in respect of a financial year by an amount not exceeding the annual rate fixed by the Treasurer in accordance with section 5 of the **Monetary Units Act 2004**; or\n\nNote to s. 12F(1)(c) inserted by No. 47/2024 s. 14(2).\n\n**Note**\n\nSee also section 5(8) of the **Monetary Units Act 2004**, which requires the annual rate to be published on a website maintained by the Department of the Minister administering the **Monetary Units Act 2004**.\n\n(d) the proposed legislative instrument would only impose a burden on a public sector body; or\n\n(e) the proposed legislative instrument is an order made under the **Administrative Arrangements Act 1983**; or\n\n(f) the proposed legislative instrument is required under a national uniform legislation scheme and an assessment of costs and benefits has been undertaken under that scheme; or\n\n(g) the proposed legislative instrument is required to undergo, or has undergone, an analytical and consultation process which, in the opinion of the responsible Minister, is equivalent to the process for a regulatory impact statement required under section 12E; or\n\n(h) the proposed legislative instrument is of not more than 12 months duration and is necessary to respond to—\n\n(i) a public emergency; or\n\n(ii) an urgent public health issue or an urgent public safety issue; or\n\n(iii) likely or actual significant damage to the environment, resource sustainability or the economy; or\n\n(i) the proposed legislative instrument deals with administration or procedures within or as between—\n\n(i) Departments or declared authorities within the meaning of the **Public Administration Act 2004**; or\n\n(ii) Departments within the meaning of the **Parliamentary Administration Act 2005**; or\n\n(j) notice of the proposed legislative instrument would render the proposed legislative instrument ineffective or would unfairly advantage or disadvantage any person likely to be affected by the proposed legislative instrument; or\n\n(k) the proposed legislative instrument is made under a statutory rule and the regulatory impact statement for that statutory rule has adequately considered the impact of the proposed legislative instrument.\n\n(2) For the purposes of subsection (1)(c), in calculating the amount of an increase the amount is deemed to have been calculated in accordance with subsection (1)(c) if the calculation is made to the nearest whole $1.\n\n(3) An exemption certificate must specify the reasons for the exemption.\n\nS. 12G inserted by No. 78/2010 s. 30.\n\n","sortOrder":21},{"sectionNumber":"12G","sectionType":"section","heading":"Premier's exemption certificate—legislative instruments","content":"\t12G Premier's exemption certificate—legislative instruments\n\n(1) The Premier may issue a certificate in writing that, in the Premier's opinion, in the special circumstances of the case the public interest requires that the proposed legislative instrument be made without complying with section 12E.\n\n(2) The Premier must not issue an exemption certificate unless—\n\n(a) the proposed legislative instrument is to expire on or before the day which is 12 months after the first day on which any provision of the legislative instrument is to come into operation; and\n\n(b) the relevant responsible Minister has given the Premier written reasons why the public interest requires that the proposed legislative instrument be made without complying with section 12E.\n\n(3) An exemption certificate issued under subsection (1) must—\n\n(a) specify the reasons for the exemption; and\n\n(b) be signed by the Premier; and\n\n(c) be dated with the date of signing.\n\nS. 12H inserted by No. 78/2010 s. 30.\n\n","sortOrder":22},{"sectionNumber":"12H","sectionType":"section","heading":"Content of regulatory impact statements—legislative instruments","content":"\t12H Content of regulatory impact statements—legislative instruments\n\n(1) A regulatory impact statement for a proposed legislative instrument must include—\n\n(a) a statement of the objectives of the proposed legislative instrument;\n\n(b) a statement explaining the effect of the proposed legislative instrument, including, in the case of a proposed legislative instrument which amends an existing legislative instrument, the effect on the operation of the existing legislative instrument;\n\n(c) in the case of a proposed legislative instrument which amends fees in a legislative instrument, a table comparing the proposed fees and existing fees, including an indication of the percentage increase or decrease for each fee;\n\n(d) a statement of other practicable means of achieving those objectives, including other regulatory as well as non‑regulatory options;\n\n(e) an assessment of the costs and benefits of the proposed legislative instrument and of any other practicable means of achieving the same objectives;\n\n(f) the reasons why the other means are not appropriate;\n\n(g) any other matters specified by the guidelines;\n\n(h) a draft copy of the proposed legislative instrument.\n\n(2) The assessment of the costs and benefits must include an assessment of the economic, environmental and social impact and the likely administration and compliance costs including resource allocation costs.\n\n(3) The responsible instrument maker must ensure that independent advice as to the adequacy of the regulatory impact statement and of the assessment included in the regulatory impact statement is obtained and considered in accordance with the guidelines.\n\n(4) Before a legislative instrument for which a regulatory impact statement is required is made, the responsible Minister must give a certificate in writing specifying—\n\n(a) that the requirements relating to regulatory impact statements for legislative instruments in this Act and the guidelines have been complied with; and\n\nS. 12H(4)(b) amended by No. 47/2024 s. 25.\n\n(b) that in the Minister's opinion the regulatory impact statement prepared by the instrument maker adequately assesses the likely impact of the proposed legislative instrument.\n\nS. 12I  \ninserted by No. 78/2010 s. 30.\n\n","sortOrder":23},{"sectionNumber":"12I","sectionType":"section","heading":"Comments and submissions","content":"\t12I Comments and submissions\n\n(1) Subject to subsection (2), if a regulatory impact statement has been prepared for a proposed legislative instrument, the responsible instrument maker must ensure that a notice in accordance with subsection (3) is published in—\n\n(a) the Government Gazette; and\n\n(b) a daily newspaper circulating generally throughout Victoria; and\n\n(c) if the responsible instrument maker considers it appropriate, in such trade, professional or public interest publications as the responsible instrument maker determines.\n\n(2) If the Governor in Council is the instrument maker for a proposed legislative instrument, the responsible Minister must ensure that the notice required by subsection (1) is published in accordance with that subsection.\n\n(3) A notice must—\n\n(a) state the reason for, and the objectives of, the proposed legislative instrument;\n\n(b) summarise the results of the regulatory impact statement;\n\n(c) specify where a copy of the regulatory impact statement and of the proposed legislative instrument can be obtained;\n\n(d) invite public comments or submissions within the time specified in the notice, being not less than 28 days from the publication of the notice.\n\n(4) The responsible instrument maker, or if the Governor in Council is the instrument maker, the responsible Minister, must ensure that all comments and submissions are considered before the legislative instrument is made.\n\nS. 12J  \ninserted by No. 78/2010 s. 30.\n\n","sortOrder":24},{"sectionNumber":"12J","sectionType":"section","heading":"Notice of decision","content":"\t12J Notice of decision\n\n(1) Subject to subsection (2), if a regulatory impact statement has been prepared for a proposed legislative instrument, the responsible instrument maker must ensure that a notice advising of the decision to make or not to make the proposed legislative instrument is published in—\n\n(a) the Government Gazette; and\n\n(b) a daily newspaper circulating generally throughout Victoria.\n\n(2) If the Governor in Council is the instrument maker for a proposed legislative instrument, the responsible Minister must ensure that the notice required by subsection (1) is published in accordance with that subsection.\n\n(3) Notice of a decision not to make a proposed legislative instrument must be published as soon as practicable after the decision has been made.\n\n(4) Notice of a decision to make a proposed legislative instrument must be published before the proposed legislative instrument is made.\n\n(5) A failure to comply with subsection (1), (2), (3) or (4) does not affect the operation or effect of the legislative instrument but the Scrutiny Committee may report the failure to each House of the Parliament.\n\nS. 12K  \ninserted by No. 78/2010 s. 30.\n\n","sortOrder":25},{"sectionNumber":"12K","sectionType":"section","heading":"Certificates and composite certificates","content":"\t12K Certificates and composite certificates\n\n(1) A certificate issued under this Part must be—\n\n(a) signed by the responsible Minister issuing the certificate; and\n\n(b) dated with the date of signing.\n\n(2) A certificate issued under this Part may be a composite certificate which incorporates the certificates required by sections 12C, 12F and 12H or any combination of those certificates.\n\n","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"Making, tabling and commencement of statutory rules","content":"Part 3—Making, tabling and commencement of statutory rules\n\nS. 13 amended by No. 78/2010 s. 14(2) (ILA s. 39B(1)).\n\n","sortOrder":27},{"sectionNumber":"13","sectionType":"section","heading":"Section 13 certificate","content":"\t13 Section 13 certificate\n\n(1) A proposed statutory rule that is to be made by, or with the consent or approval of, the Governor in Council must be submitted to the Chief Parliamentary Counsel for the issue of a certificate by the Chief Parliamentary Counsel specifying whether the proposed statutory rule—\n\n(a) appears to be within the powers conferred by the authorising Act;\n\n(b) appears without clear and express authority being conferred by the authorising Act—\n\n(i) to have a retrospective effect; or\n\n(ii) to impose a tax, fee, fine, imprisonment or other penalty; or\n\nS. 13(1)(b)(iii) amended by No. 78/2010 s. 14(1).\n\n(iii) to shift the legal burden of proof to a person accused of an offence; or\n\n(iv) to sub-delegate powers delegated by the authorising Act;\n\n(c) appears to be consistent with the general objectives of the authorising Act;\n\n(d) appears to be consistent with and to achieve the objectives set out in the proposed statutory rule and, if the proposed statutory rule is to amend an existing statutory rule, appears to be consistent with the objectives set out in the existing statutory rule;\n\n(e) appears to be inconsistent with principles of justice and fairness;\n\n(f) appears significantly or substantially to overlap or conflict with any other statutory rule or legislation;\n\n(g) is expressed as clearly and unambiguously as is reasonably possible.\n\nS. 13(2) inserted by No. 78/2010 s. 14(2).\n\n(2) The Chief Parliamentary Counsel may qualify a section 13 certificate by specifying that the certificate applies only to the proposed statutory rule and not to any matter contained in a document applied, adopted or incorporated by the statutory rule if—\n\n(a) the statutory rule to which the certificate relates makes provision for or in relation to a matter by applying, adopting or incorporating matter contained in a document; and\n\n(b) the matter applied, adopted or incorporated is of such a detailed technical nature that the Chief Parliamentary Counsel is not qualified to advise about the matter.\n\nS. 13(3) inserted by No. 78/2010 s. 14(2).\n\n(3) A section 13 certificate may specify that the certificate relates to the circumstances as at the date of the certificate.\n\n","sortOrder":28},{"sectionNumber":"14","sectionType":"section","heading":"Submission of statutory rules to Governor in Council","content":"\t14 Submission of statutory rules to Governor in Council\n\nA proposed statutory rule that is to be made by, or with the consent or approval of, the Governor in Council when submitted to the Governor in Council must be accompanied by—\n\nS. 14(a) amended by No. 78/2010 s. 15(1).\n\n(a) 3 copies (or such other number as may be prescribed) of the proposed statutory rule;\n\n(b) a copy of the section 13 certificate;\n\nS. 14(c) amended by No. 78/2010 s. 15(2).\n\n(c) if a regulatory impact statement was not required, a copy of the exemption certificate;\n\nS. 14(d) amended by No. 12/2006 s. 178(a).\n\n(d) if a regulatory impact statement was required, a copy of the compliance certificate;\n\nS. 14(da) inserted by No. 78/2010 s. 15(3).\n\n(da) if the proposed statutory rule is an extension regulation, a copy of the extension certificate and a copy of the Premier's certificate under section 5A(3);\n\nS. 14(db) inserted by No. 78/2010 s. 15(3).\n\n(db) if consultation was required under section 6, a copy of the consultation certificate issued under that section;\n\nS. 14(e) inserted by No. 12/2006 s. 178(b), amended by No. 43/2006 s. 47(Sch. item 7.2).\n\n(e) if the 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, a copy of the certificate under section 6A;\n\nS. 14(f) inserted by No. 43/2006 s. 47(Sch. item 7.3).\n\n(f) if a human rights certificate was required, a copy of the human rights certificate;\n\nS. 14(g) inserted by No. 43/2006 s. 47(Sch. item 7.3).\n\n(g) if a human rights certificate was not required, a copy of the responsible Minister's certificate under section 12A(3).\n\nS. 15 (Heading) inserted by No. 78/2010 s. 16(1).\n\n","sortOrder":29},{"sectionNumber":"15","sectionType":"section","heading":"Statutory rules and related documents to be laid before Parliament","content":"\t15 Statutory rules and related documents to be laid before Parliament\n\n(1) On or before the 6th sitting day after notice of the making of a statutory rule has been published in the Government Gazette under section 17(2), a copy of the statutory rule must be laid before each House of the Parliament.\n\nNote to s. 15(1) inserted by No. 47/2024 s. 15.\n\n**Note**\n\nThe Government Printer provides copies of a statutory rule to each House of Parliament after the statutory rule has been made.\n\nS. 15(1A) inserted by No. 78/2010 s. 16(2).\n\n(1A) If any of the following documents have been issued or given in respect of the statutory rule, a copy of the document must also be laid before each House of the Parliament—\n\n(a) an extension certificate and the Premier's certificate under section 5A(3);\n\n(b) a certificate issued under section 6;\n\n(c) a certificate issued under section 6A;\n\n(d) an exemption certificate;\n\n(e) a compliance certificate under section 10(4);\n\n(f) a human rights certificate;\n\n(g) a human rights exemption certificate;\n\n(h) a section 13 certificate;\n\n(i) the accompanying recommendation to the Governor in Council to make the statutory rule.\n\nS. 15(2) amended by No. 78/2010 s. 16(3).\n\n(2) A failure to comply with subsection (1) or (1A) does not affect the operation or effect of the statutory rule but the Scrutiny Committee may report the failure to each House of the Parliament.\n\n(3) A copy of each statutory rule laid under subsection (1) must as soon as possible after being so laid be posted or delivered to each member of Parliament who has requested a copy of that statutory rule.\n\nS. 15A inserted by No. 78/2010 s. 17.\n\n","sortOrder":30},{"sectionNumber":"15A","sectionType":"section","heading":"Accompanying documents to be sent to Scrutiny Committee","content":"\t15A Accompanying documents to be sent to Scrutiny Committee\n\n(1) When a statutory rule is made, the responsible Minister must ensure that a copy of each of the following is given to the Scrutiny Committee—\n\n(a) any applicable document referred to in section 15(1A) relating to the statutory rule;\n\n(b) if an exemption certificate has been issued under section 9 by the Premier, the reasons given by the relevant responsible Minister to the Premier as to why the public interest requires that the proposed statutory rule be made without complying with section 7(1);\n\n(c) if a regulatory impact statement has been prepared—\n\n(i) the regulatory impact statement for the statutory rule; and\n\n(ii) a copy of all comments and submissions received.\n\n(2) The documents referred to in subsection (1) must be given to the Scrutiny Committee no later than the later of—\n\n(a) 10 working days after the making of the statutory rule; or\n\n(b) 10 working days after the establishment of the Committee.\n\n(3) A failure to comply with subsection (2) does not affect the operation or effect of the statutory rule.\n\n","sortOrder":31},{"sectionNumber":"16","sectionType":"section","heading":"Time of commencement of statutory rules","content":"\t16 Time of commencement of statutory rules\n\n(1) A statutory rule or a provision of a statutory rule comes into operation at the beginning of—\n\n(a) the day on which the statutory rule is made; or\n\n(b) such later day as is expressed in the statutory rule as the day on which the statutory rule or provision comes into operation.\n\n(2) Despite the coming into operation of a statutory rule or of a provision of a statutory rule, a person cannot—\n\n(a) be convicted of an offence against the statutory rule or provision; or\n\n(b) be prejudicially affected or made subject to any liability by the statutory rule or provision—\n\nif it is proved that at the relevant time the statutory rule had not been printed and published by the Government Printer or notice under section 17(3) had not been published in the Government Gazette.\n\n(3) A person cannot rely on subsection (2) if it is proved that at the relevant time reasonable steps had been taken for the purpose of bringing the purport of the statutory rule or provision to the notice of—\n\n(a) the public; or\n\n(b) persons likely to be affected; or\n\n(c) the person concerned.\n\nPt 3A (Heading and ss 16A−16E) inserted by No. 78/2010 s. 31.\n\n","sortOrder":32},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Tabling and publication of legislative instruments","content":"Part 3A—Tabling and publication of legislative instruments\n\nS. 16A inserted by No. 78/2010 s. 31.\n\n","sortOrder":33},{"sectionNumber":"16A","sectionType":"section","heading":"Legislative instrument to be published in the Government Gazette","content":"\t16A Legislative instrument to be published in the Government Gazette\n\nS. 16A(1) amended by No. 43/2012 s. 3(Sch. item 51).\n\n(1) Subject to subsection (2), after the making of a legislative instrument, the instrument must be published in full—\n\n(a) in the next general edition of the Government Gazette; or\n\n(b) in a special edition of the Government Gazette within 10 working days after the making of the legislative instrument.\n\n(2) If, in accordance with the guidelines, a legislative instrument is unsuitable to be published in full, notice of the making of the legislative instrument and where it is available must be published—\n\n(a) in the next general edition of the Government Gazette; or\n\n(b) a special edition of the Government Gazette within 10 working days after the making of the legislative instrument.\n\nS. 16A(3) inserted by No. 47/2024 s. 16.\n\n(3) Without limiting subsection (2), for the purposes of that subsection, a legislative instrument is unsuitable to be published in full if—\n\n(a) the legislative instrument is incompatible with the format of the Government Gazette; or\n\n(b) the size of the legislative instrument makes it impractical to be published in full in the Government Gazette; or\n\n(c) any other circumstances specified in the guidelines exist.\n\nS. 16B inserted by No. 78/2010 s. 31.\n\n","sortOrder":34},{"sectionNumber":"16B","sectionType":"section","heading":"Legislative instruments and related documents to be laid before Parliament","content":"\t16B Legislative instruments and related documents to be laid before Parliament\n\n(1) On or before the 6th sitting day after a legislative instrument has been published in the Government Gazette under section 16A, a copy of the legislative instrument must be laid before each House of the Parliament.\n\n(2) If any of the following documents have been issued or given in respect of the legislative instrument under Part 2A, a copy of the document must be laid before each House of the Parliament with the legislative instrument—\n\n(a) a certificate issued under section 12C;\n\n(b) an exemption certificate;\n\n(c) a compliance certificate under section 12H;\n\n(d) a human rights certificate;\n\n(e) a human rights exemption certificate.\n\n(3) A failure to comply with subsection (1) or (2) does not affect the operation or effect of the legislative instrument but the Scrutiny Committee may report the failure to each House of the Parliament.\n\n(4) A copy of each legislative instrument laid under subsection (1) must as soon as possible after being so laid be posted or delivered to each member of Parliament who has requested a copy of that legislative instrument.\n\nS. 16C inserted by No. 78/2010 s. 31.\n\n","sortOrder":35},{"sectionNumber":"16C","sectionType":"section","heading":"Legislative instrument and accompanying documents to be sent to Scrutiny Committee","content":"\t16C Legislative instrument and accompanying documents to be sent to Scrutiny Committee\n\n(1) When a legislative instrument is made, the responsible Minister must ensure that a copy of each of the following is given to the Scrutiny Committee—\n\n(a) the legislative instrument;\n\n(b) any applicable document referred to in section 16B(2) relating to the legislative instrument;\n\n(c) if an exemption certificate has been issued under section 12G by the Premier, the reasons given by the relevant responsible Minister to the Premier as to why the public interest requires that the proposed legislative instrument be made without complying with section 12E;\n\n(d) if a regulatory impact statement has been prepared—\n\n(i) the regulatory impact statement for the legislative instrument; and\n\n(ii) a copy of all comments and submissions received.\n\n(2) The documents referred to in subsection (1) must be given to the Scrutiny Committee no later than the later of—\n\n(a) 10 working days after the making of the legislative instrument; or\n\n(b) 10 working days after the establishment of the Committee.\n\n(3) A failure to comply with subsection (1) or (2) does not affect the operation or effect of the legislative instrument.\n\nS. 16D inserted by No. 78/2010 s. 31.\n\n","sortOrder":36},{"sectionNumber":"16D","sectionType":"section","heading":"Compliance with this Part and requirements of authorising Act—publication in Government Gazette","content":"\t16D Compliance with this Part and requirements of authorising Act—publication in Government Gazette\n\n(1) If the authorising Act for a legislative instrument requires publication in the Government Gazette of the instrument, compliance with the requirements of that authorising Act is taken to be compliance with section 16A(1).\n\n(2) If the authorising Act for a legislative instrument requires publication in the Government Gazette of the instrument within a time period that is shorter than that required by this Part, compliance with the requirements of that authorising Act is taken to be compliance with this Part.\n\n(3) If the authorising Act for a legislative instrument requires publication in the Government Gazette of the instrument within a time period that is longer than that required by this Part—\n\n(a) the instrument maker must comply with the time period in this Part; and\n\n(b) this Part prevails over the requirements of that authorising Act to the extent of any inconsistency.\n\n(4) Subject to section 16A(2), if the authorising Act for a legislative instrument requires publication in the Government Gazette of a notice of the making of the instrument, compliance with the requirements of that authorising Act is not sufficient compliance with section 16A(1).\n\n**Note**\n\nAn authorising Act may require a notice of the making of a legislative instrument to be published in the Government Gazette. Publication of that notice of making under that Act does not relieve the instrument maker from the obligation to publish the legislative instrument in full in the Government Gazette to comply with section 16A(1), unless section 16A(2) applies.\n\nS. 16E  \ninserted by No. 78/2010 s. 31.\n\n","sortOrder":37},{"sectionNumber":"16E","sectionType":"section","heading":"Compliance with this Part and requirements of authorising Act—tabling in Parliament","content":"\t16E Compliance with this Part and requirements of authorising Act—tabling in Parliament\n\n(1) If the authorising Act for a legislative instrument requires a copy of the legislative instrument to be laid before each House of the Parliament on or before the 6th sitting day after the legislative instrument has been published in the Government Gazette, or within a shorter time period, compliance with the requirements of that authorising Act is taken to be compliance with section 16B(1).\n\n(2) If the authorising Act for a legislative instrument requires a copy of the legislative instrument to be laid before each House of the Parliament within a longer time period than that required by this Part—\n\n(a) the instrument maker must comply with the time period in this Part; and\n\n(b) this Part prevails over the requirements of that authorising Act to the extent of any inconsistency.\n\nS. 16F inserted by No. 78/2010 s. 39.\n\n","sortOrder":38},{"sectionNumber":"16F","sectionType":"section","heading":"Instrument maker to ensure consolidated version of legislative instrument is available","content":"\t16F Instrument maker to ensure consolidated version of legislative instrument is available\n\n(1) Subject to subsection (3), as soon as practicable after a legislative instrument which amends an existing legislative instrument is published in the Government Gazette under section 16A, the instrument maker must ensure that an up to date consolidated version of the legislative instrument being amended by that amending legislative instrument is prepared incorporating those amendments.\n\n(2) The instrument maker must cause the up to date consolidated version of the legislative instrument prepared under subsection (1) to be—\n\n(a) available for inspection by any person free of charge during office hours at—\n\n(i) the principal office of the instrument maker; or\n\n(ii) the Department of the responsible Minister in relation to the legislative instrument; and\n\n(b) published on the Internet.\n\n(3) If the Governor in Council is the instrument maker, the responsible Minister must ensure that this section is complied with.\n\n(4) A failure to comply with this section does not affect the operation or effect of the amending legislative instrument published in the Government Gazette under section 16A.\n\nPt 4 (Heading) amended by No. 78/2010 s. 32.\n\n","sortOrder":39},{"sectionNumber":"Part 4","sectionType":"part","heading":"Publication and availability of statutory rules","content":"Part 4—Publication and availability of statutory rules\n\n","sortOrder":40},{"sectionNumber":"17","sectionType":"section","heading":"Statutory rule to be numbered, printed and published","content":"\t17 Statutory rule to be numbered, printed and published\n\n(1) A statutory rule must forthwith after it is made be numbered, printed and published by the Government Printer.\n\nS. 17(2) substituted by No. 78/2010 s. 18.\n\n(2) After the making of a statutory rule, notice of the making of the statutory rule must be published—\n\n(a) in the next general edition of the Government Gazette published after the making of the statutory rule; or\n\n(b) a special edition of the Government Gazette within 10 working days of that making.\n\n(3) As soon as practicable after the making of a statutory rule, a notice must be published in the Government Gazette stating—\n\n(a) the place where copies of the statutory rule can be obtained; and\n\n(b) the date on which copies of the statutory rule were first obtainable from that place.\n\n(4) A copy of the Government Gazette purporting to contain a notice published under subsection (3) with respect to any statutory rule is conclusive evidence that the statutory rule was printed and published by the Government Printer on the date specified in that notice as the date on which the statutory rule was first obtainable from the place specified in that notice.\n\n","sortOrder":41},{"sectionNumber":"18","sectionType":"section","heading":"Incorporation of amendments","content":"\t18 Incorporation of amendments\n\n(1) If a statutory rule has been amended, then in any reprinting of the statutory rule the Government Printer must, unless the Chief Parliamentary Counsel otherwise approves, reprint the statutory rule as so amended.\n\n(2) There must be printed in a reprint of a statutory rule—\n\n(a) a reference to each statutory rule, subordinate instrument or Act by which the reprinted statutory rule is amended; and\n\n(b) a reference (whether in a sidenote, footnote or endnote) to each provision of the reprinted statutory rule that is amended and the provision of the statutory rule, subordinate instrument or Act by which the amendment is made.\n\n(3) If a statutory rule is reprinted with the omission of any formal or introductory parts, there must be printed in that statutory rule—\n\n(a) a reference to the authorising Act;\n\n(b) the date on which it was made;\n\n(c) the date or dates, if any, on which it is expressed to come into operation.\n\n","sortOrder":42},{"sectionNumber":"19","sectionType":"section","heading":"Citation of statutory rules","content":"\t19 Citation of statutory rules\n\n(1) A statutory rule may be cited—\n\n(a) by the short title authorised by the statutory rule; or\n\n(b) if there is no short title authorised by the statutory rule, by the title appearing before the formal or introductory parts; or\n\n(c) by the expression \"Statutory Rule\" or the expression \"S.R.\", followed by the number given to it and the year in which the statutory rule is made.\n\n(2) The title of a statutory rule appearing before the formal or introductory parts forms part of the statutory rule if there is no short title authorised by the statutory rule.\n\n","sortOrder":43},{"sectionNumber":"20","sectionType":"section","heading":"Availability of statutory rules","content":"\t20 Availability of statutory rules\n\nS. 20(1) amended by No. 47/2024 s. 17(1).\n\n(1) The Government Printer must make every effort to ensure that a copy of a statutory rule can be purchased on demand by any member of the public by purchase online or by purchase during normal office hours from a bookshop approved under subsection (1A).\n\nS. 20(1A) inserted by No. 47/2024 s. 17(2).\n\n(1A) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may approve a bookshop for the purposes of subsection (1).\n\n(2) The responsible Minister must ensure that a copy of a statutory rule—\n\nS. 20(2)(a) amended by No. 47/2024 s. 17(3).\n\n(a) is available for inspection by any member of the public without charge during normal office hours at the office of the Department of the responsible Minister or other entity that supports the responsible Minister in the administration of the statutory rule, as the case requires, or on an Internet site maintained by that Department or entity; or\n\n(b) can be inspected without charge or purchased on demand by any member of the public during normal office hours at a public office specified by the responsible Minister by a notice published in the Government Gazette.\n\n(3) In addition to and without limiting section 16, despite the coming into operation of a statutory rule or of a provision of a statutory rule, a person cannot—\n\n(a) be convicted of an offence against the statutory rule or provision; or\n\n(b) be prejudicially affected or made subject to any liability by the statutory rule or provision—\n\nif it is proved that at the relevant time a copy of the statutory rule could neither be purchased or inspected as provided by subsections (1) and (2).\n\n(4) In this section ***copy of a statutory rule*** means a copy of—\n\n(a) a statutory rule printed in accordance with section 17 or, if a reprint of the statutory rule has been prepared in accordance with section 18, the reprint; and\n\n(b) any subsequent statutory rule which amends that statutory rule.\n\nPt 5 (Heading) amended by No. 78/2010 s. 33.\n\n","sortOrder":44},{"sectionNumber":"Part 5","sectionType":"part","heading":"Scrutiny, suspension and disallowance of statutory rules","content":"Part 5—Scrutiny, suspension and disallowance of statutory rules\n\n","sortOrder":45},{"sectionNumber":"21","sectionType":"section","heading":"Review of statutory rules by the Scrutiny Committee","content":"\t21 Review of statutory rules by the Scrutiny Committee\n\n(1) The Scrutiny Committee may report to each House of the Parliament if the Scrutiny Committee considers that any statutory rule laid before Parliament—\n\n(a) does not appear to be within the powers conferred by the authorising Act;\n\n(b) without clear and express authority being conferred by the authorising Act—\n\n(i) has a retrospective effect; or\n\n(ii) imposes any tax, fee, fine, imprisonment or other penalty; or\n\nS. 21(1)(b)(iii) amended by No. 78/2010 s. 19.\n\n(iii) purports to shift the legal burden of proof to a person accused of an offence; or\n\n(iv) provides for the sub-delegation of powers delegated by the authorising Act;\n\n(c) appears to be inconsistent with the general objectives of the authorising Act;\n\n(d) makes unusual or unexpected use of the powers conferred by the authorising Act having regard to the general objectives of that Act;\n\n(e) contains any matter or embodies any principles which should properly be dealt with by an Act and not by subordinate legislation;\n\n(f) unduly trespasses on rights and liberties of the person previously established by law;\n\n(g) makes rights and liberties of the person unduly dependent upon administrative and not upon judicial decisions;\n\nS. 21(1)(ga) inserted by No. 98/2000 s. 76, amended by No. 60/2014 s. 140(Sch. 3 item 44).\n\n(ga) unduly requires or authorises acts or practices that may have an adverse effect on personal privacy within the meaning of the **Privacy and Data Protection Act 2014**;\n\nS. 21(1)(gb) inserted by No. 2/2001 s. 116.\n\n(gb) unduly requires or authorises acts or practices that may have an adverse effect on privacy of health information within the meaning of the **Health Records Act 2001**;\n\n(h) is inconsistent with principles of justice and fairness;\n\nS. 21(1)(ha) inserted by No. 43/2006 s. 47(Sch. item 7.4).\n\n(ha) is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities;\n\n(i) requires explanation as to its form or intention;\n\n(j) has been prepared in contravention of any of the provisions of this Act or of the guidelines with respect to the statutory rule and the contravention is of a substantial or material nature;\n\n(k) is likely to result in administration and compliance costs which outweigh the likely benefits sought to be achieved by the statutory rule.\n\n(2) A report of the Scrutiny Committee under this section may contain any recommendations that the Scrutiny Committee considers appropriate, including a recommendation that a statutory rule should be—\n\n(a) disallowed in whole or in part; or\n\n(b) amended as suggested in the report.\n\n","sortOrder":46},{"sectionNumber":"22","sectionType":"section","heading":"Suspension of statutory rule or part of a statutory rule","content":"\t22 Suspension of statutory rule or part of a statutory rule\n\n(1) If the Scrutiny Committee—\n\n(a) proposes under section 21 to recommend that a statutory rule should be—\n\n(i) disallowed in whole or in part; or\n\n(ii) amended; and\n\n(b) is of the opinion that considerations of justice and fairness require that the operation of the statutory rule or any part of the statutory rule should be suspended pending the consideration by the Parliament of the statutory rule—\n\nthe Scrutiny Committee may propose in the report under section 21 that the operation of the statutory rule or part of the statutory rule be suspended.\n\n(2) If the Scrutiny Committee proposes that the operation of a statutory rule or part of a statutory rule be suspended—\n\n(a) the Scrutiny Committee must forthwith send a copy of the report to the responsible Minister and the Governor in Council; and\n\n(b) subject to subsection (3), the operation of the statutory rule or part of the statutory rule is suspended at the end of the period of 7 days after the sending of the report to the Governor in Council until the end of the period during which the statutory rule or part of the statutory rule could be disallowed under section 23.\n\n(3) The Governor in Council, on the recommendation of the responsible Minister made within the period of 7 days referred to in subsection (2), may by Order published in the Government Gazette declare that the operation of the statutory rule or part of the statutory rule is not suspended.\n\n(4) As from the date on which the Order is published, the provision in a report of the Scrutiny Committee providing for the suspension ceases to have any force or effect.\n\n(5) While the operation of a statutory rule or part of a statutory rule is suspended under this section, the statutory rule is deemed not to have been made or to have been made without that part.\n\n","sortOrder":47},{"sectionNumber":"23","sectionType":"section","heading":"Disallowance of statutory rule or part of a statutory rule","content":"\t23 Disallowance of statutory rule or part of a statutory rule\n\n(1) This section applies to a statutory rule if—\n\nS. 23(1)(a) substituted by No. 78/2010 s. 20(1).\n\n(a) the authorising Act under which the statutory rule is made states that the statutory rule is subject to disallowance by the Parliament or by a House of the Parliament; or\n\n(b) the Scrutiny Committee has in a report under section 21 recommended that the statutory rule be disallowed in whole or in part; or\n\nS. 23(1)(c) amended by No. 78/2010 s. 20(2).\n\n(c) there was a failure to comply with section 15(1) or (1A) and the Scrutiny Committee has reported that failure to each House of the Parliament.\n\n(2) A statutory rule to which this section applies is disallowed in whole or in part if—\n\nS. 23(2)(a) substituted by No. 78/2010 s. 20(3).\n\n(a) a notice of a resolution to disallow the statutory rule is given in a House of the Parliament—\n\n(i) on or before the 18th sitting day of that House after the rule is laid before that House; or\n\n(ii) in the case of a failure to comply with section 15(1) in respect of a statutory rule, on or before the 24th sitting day of that House after the notice of the making of the statutory rule has been published in the Government Gazette under section 17(2); and\n\n(b) the resolution is passed by that House on or before the 12th sitting day of that House after the giving of the notice of the resolution.\n\n(3) Notice of a resolution to disallow a statutory rule may be expressed to apply to the whole or to any part of the statutory rule.\n\n(4) A resolution to disallow the whole or any part of a statutory rule has effect according to its tenor.\n\n(5) If a House of the Parliament is prorogued or the Legislative Assembly is dissolved—\n\n(a) the prorogation or dissolution does not affect the power of the House to pass a resolution disallowing a statutory rule; and\n\n(b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.\n\nS. 24 (Heading) inserted by No. 47/2024 s. 18.\n\n","sortOrder":48},{"sectionNumber":"24","sectionType":"section","heading":"Effect of disallowance","content":"\t24 Effect of disallowance\n\n(1) Subject to subsection (2), if a statutory rule or a part of a statutory rule is disallowed by the Parliament or by a House of the Parliament, the disallowance has the same effect as a revocation of the statutory rule or part.\n\n(2) If a statutory rule or a part of a statutory rule is disallowed by the Parliament or by a House of the Parliament—\n\n(a) any statutory rule or Act or part of a statutory rule or Act that had been revoked or repealed by the disallowed statutory rule or part is revived as from the beginning of the day on which the statutory rule or part was disallowed; and\n\n(b) any statutory rule or Act that had been amended by the disallowed statutory rule or part takes effect without that amendment as from the beginning of the day on which the statutory rule or part was disallowed in all respects as if the disallowed statutory rule or part had not been made.\n\nS. 25 (Heading) inserted by No. 47/2024 s. 19.\n\n","sortOrder":49},{"sectionNumber":"25","sectionType":"section","heading":"Clerk to publish notice of disallowance","content":"\t25 Clerk to publish notice of disallowance\n\nIf a statutory rule, or part of a statutory rule, is disallowed, the Clerk of the Parliaments must cause notice of the disallowance to be published in the Government Gazette.\n\nPt 5A (Heading and ss 25A−25E) inserted by No. 78/2010 s. 34.\n\n","sortOrder":50},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Scrutiny, suspension and disallowance of legislative instruments","content":"Part 5A—Scrutiny, suspension and disallowance of legislative instruments\n\nS. 25A inserted by No. 78/2010 s. 34.\n\n","sortOrder":51},{"sectionNumber":"25A","sectionType":"section","heading":"Review of legislative instruments by the Scrutiny Committee","content":"\t25A Review of legislative instruments by the Scrutiny Committee\n\n(1) The Scrutiny Committee may report to each House of the Parliament if the Scrutiny Committee considers that any legislative instrument laid before Parliament—\n\n(a) does not appear to be within the powers conferred by the authorising Act or the statutory rule under which it is made;\n\n(b) without clear and express authority being conferred by the authorising Act or the statutory rule under which it is made—\n\n(i) has a retrospective effect; or\n\n(ii) imposes any tax, fee, fine, imprisonment or other penalty; or\n\n(iii) purports to shift the legal burden of proof to a person accused of an offence; or\n\n(iv) provides for the subdelegation of powers delegated by the authorising Act or the statutory rule under which it is made;\n\n(c) is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities;\n\n(d) has been prepared in contravention of any of the provisions of this Act or of the guidelines with respect to legislative instruments and the contravention is of a substantial or material nature.\n\n(2) A report of the Scrutiny Committee under this section may contain any recommendations that the Scrutiny Committee considers appropriate, including a recommendation that a legislative instrument should be—\n\n(a) disallowed in whole or in part; or\n\n(b) amended as suggested in the report.\n\nS. 25B (Heading) amended by No. 47/2024 s. 20.\n\nS. 25B inserted by No. 78/2010 s. 34.\n\n","sortOrder":52},{"sectionNumber":"25B","sectionType":"section","heading":"Suspension of legislative instrument or part of a legislative instrument","content":"\t25B Suspension of legislative instrument or part of a legislative instrument\n\n(1) If the Scrutiny Committee—\n\n(a) proposes under section 25A to recommend that a legislative instrument should be—\n\n(i) disallowed in whole or in part; or\n\n(ii) amended; and\n\n(b) is of the opinion that considerations of justice and fairness require that the operation of the legislative instrument or any part of the legislative instrument should be suspended pending the consideration by the Parliament of the legislative instrument—\n\nthe Scrutiny Committee may propose in the report under section 25A that the operation of the legislative instrument or part of the legislative instrument be suspended.\n\n(2) If the Scrutiny Committee proposes that the operation of a legislative instrument or part of a legislative instrument be suspended—\n\n(a) the Scrutiny Committee must forthwith send a copy of the report to the responsible Minister, the Governor in Council and the instrument maker; and\n\n(b) subject to subsection (3), the operation of the legislative instrument or part of a legislative instrument is suspended at the end of the period of 7 days after the sending of the report to the Governor in Council until the end of the period during which the legislative instrument or part of the legislative instrument could be disallowed under section 25C.\n\n(3) The Governor in Council, on the recommendation of the responsible Minister made within the period of 7 days referred to in subsection (2), may by Order published in the Government Gazette declare that the operation of the legislative instrument or part of the legislative instrument is not suspended.\n\n(4) As from the date on which the Order is published, the provision in a report of the Scrutiny Committee providing for the suspension ceases to have any force or effect.\n\n(5) While the operation of a legislative instrument or part of the legislative instrument is suspended under this section, the legislative instrument is deemed not to have been made or to have been made without that part.\n\nS. 25C (Heading) amended by No. 47/2024 s. 21.\n\nS. 25C inserted by No. 78/2010 s. 34.\n\n","sortOrder":53},{"sectionNumber":"25C","sectionType":"section","heading":"Disallowance of legislative instrument or part of a legislative instrument","content":"\t25C Disallowance of legislative instrument or part of a legislative instrument\n\n(1) This section applies to a legislative instrument if—\n\n(a) the authorising Act under which the legislative instrument is made states that the legislative instrument is subject to disallowance by the Parliament or by a House of the Parliament; or\n\n(b) in a report under section 25A, the Scrutiny Committee has recommended that the legislative instrument be disallowed in whole or in part; or\n\nS. 25C(1)(c) amended by No. 47/2024 s. 22.\n\n(c) there was a failure to comply with section 16B(1) or (2) and the Scrutiny Committee has reported that failure to each House of the Parliament.\n\n(2) A legislative instrument to which this section applies is disallowed in whole or in part if—\n\n(a) a notice of a resolution to disallow the legislative instrument is given in a House of the Parliament—\n\n(i) on or before the 18th sitting day of that House after the instrument is laid before that House; or\n\n(ii) in the case of failure to comply with section 16B(1) in respect of a legislative instrument, on or before the 24th sitting day of that House after—\n\n(A) the legislative instrument has been published in the Government Gazette under section 16A(1); or\n\n(B) if section 16A(2) applies, notice of making and availability has been published in the Government Gazette; and\n\n(b) the resolution is passed by that House on or before the 12th sitting day of that House after the giving of the notice of the resolution.\n\n(3) Notice of a resolution to disallow a legislative instrument may be expressed to apply to the whole or to any part of the legislative instrument.\n\n(4) A resolution to disallow the whole or any part of a legislative instrument has effect according to its tenor.\n\n(5) If a House of the Parliament is prorogued or the Legislative Assembly is dissolved—\n\n(a) the prorogation or dissolution does not affect the power of the House to pass a resolution disallowing a legislative instrument; and\n\n(b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.\n\nS. 25D inserted by No. 78/2010 s. 34.\n\n","sortOrder":54},{"sectionNumber":"25D","sectionType":"section","heading":"Effect of disallowance","content":"\t25D Effect of disallowance\n\n(1) Subject to subsection (2), if a legislative instrument or a part of a legislative instrument is disallowed by the Parliament or by a House of the Parliament, the disallowance has the same effect as a revocation of the legislative instrument or part, as the case requires.\n\n(2) If a legislative instrument or a part of a legislative instrument is disallowed by the Parliament or by a House of the Parliament—\n\n(a) any statutory rule, legislative instrument or Act or part of a statutory rule, legislative instrument or Act that had been revoked or repealed by the disallowed legislative instrument or part is revived as from the beginning of the day on which the legislative instrument or part was disallowed; and\n\n(b) any statutory rule, legislative instrument or Act that had been amended by the disallowed legislative instrument or part takes effect without that amendment as from the beginning of the day on which the legislative instrument or part was disallowed in all respects as if the disallowed legislative instrument or part had not been made.\n\nS. 25E inserted by No. 78/2010 s. 34.\n\n","sortOrder":55},{"sectionNumber":"25E","sectionType":"section","heading":"Clerk to publish notice of disallowance","content":"\t25E Clerk to publish notice of disallowance\n\nIf a legislative instrument, or part of a legislative instrument, is disallowed, the Clerk of the Parliaments must cause notice of the disallowance to be published in the Government Gazette.\n\n","sortOrder":56},{"sectionNumber":"Part 6","sectionType":"part","heading":"General","content":"Part 6—General\n\n","sortOrder":57},{"sectionNumber":"26","sectionType":"section","heading":"Guidelines","content":"\t26 Guidelines\n\n(1) The Minister may make guidelines for or with respect to—\n\n(a) the preparation, content, publication and availability of statutory rules; and\n\nS. 26(1)(ab) inserted by No. 78/2010 s. 35(1).\n\n(ab) the preparation, content, publication and availability of legislative instruments; and\n\nS. 26(1)(b) amended by No. 78/2010 s. 35(2).\n\n(b) the procedures to be implemented and the steps to be undertaken for the purpose of ensuring consultation, co-ordination and uniformity in the preparation of statutory rules and legislative instruments.\n\n(2) Without limiting the generality of subsection (1), the guidelines must deal with the matters specified in Schedule 1.\n\n(3) The Minister must cause the guidelines to be—\n\n(a) published in the Government Gazette;\n\nS. 26(3)(b) amended by No. 78/2010 s. 35(2).\n\n(b) issued to all Ministers and any other persons and bodies whether corporate or unincorporate involved in the preparation of statutory rules and legislative instruments;\n\n(c) laid before each House of the Parliament;\n\n(d) forwarded to the Scrutiny Committee.\n\n","sortOrder":58},{"sectionNumber":"27","sectionType":"section","heading":"Advisory role of Scrutiny Committee","content":"\t27 Advisory role of Scrutiny Committee\n\nThe Scrutiny Committee may advise the Minister about any matter relating to the administration or operation of this Act including—\n\nS. 27(a) amended by No. 78/2010 s. 36.\n\n(a) the making of regulations under section 4(1) and 4A(1); and\n\n(b) the making of guidelines.\n\nS. 28 amended by No. 78/2010 s. 37 (ILA s. 39B(1)).\n\n","sortOrder":59},{"sectionNumber":"28","sectionType":"section","heading":"Regulations","content":"\t28 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) providing for and regulating the preparation and publication with or as part of a statutory rule, a table—\n\n(i) specifying a document containing any matter that is applied, adopted or incorporated by the statutory rule; and\n\n(ii) indicating the provision of the statutory rule to which any such matter relates;\n\nS. 28(1)(ab) inserted by No. 47/2024 s. 23.\n\n(ab) exempting a statutory rule or class of statutory rule or a legislative instrument or class of legislative instrument from the application of this Act or any provision of this Act for a specified time, not exceeding 12 months;\n\n**Example**\n\nRegulations might be made which exempt a specific class of statutory rule from the application of this Act during a state of disaster declared under the **Emergency Management Act 1986**, a pandemic declaration under the **Public Health and Wellbeing Act 2008** or a national emergency under the National Emergency Declaration Act 2020 of the Commonwealth.\n\n(b) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\nS. 28(2) inserted by No. 78/2010 s. 37.\n\n(2) Regulations made under this Act—\n\n(a) may be of general or limited application;\n\n(b) may differ according to differences in time, place or circumstance;\n\n(c) may be subject to any conditions specified in the regulations;\n\n(d) may exempt specified statutory rules or legislative instruments or any class of statutory rule or legislative instrument from complying with all or any of the regulations or any provision of this Act;\n\n(e) may exempt specified persons or classes of person from complying with all or any of the regulations or any provision of this Act in relation to statutory rules, legislative instruments or any class of statutory rule or class of legislative instrument.\n\nPt 7  \n(Heading and ss 29–32) repealed by No. 74/2000 s. 3(Sch. 1 item 120.1).\n\n* * * * *\n\n","sortOrder":60},{"sectionNumber":"Part 8","sectionType":"part","heading":"Consequential and transitional provisions","content":"Part 8—Consequential and transitional provisions\n\n\t33 Repeal of Subordinate Legislation Act 1962\n\nS. 33(1) repealed by No. 78/2010 s. 21(1).\n\n* * * * *\n\n(2) Any reference in any Act, regulation, local law, subordinate instrument or other document whatsoever to the **Subordinate Legislation Act 1962** is to be construed as a reference to the **Subordinate Legislation Act 1994**, unless the contrary intention appears.\n\n(3) Without limiting subsection (2), a reference to section 5, 6 or 6A of the **Subordinate Legislation Act 1962** is to be construed as a reference to section 15, 22 and 23 or 24 respectively of this Act.\n\nS. 34 repealed by No. 78/2010 s. 21(2).\n\n* * * * *\n\nS. 35 repealed by No. 74/2000 s. 3(Sch. 1 item 120.2), new s. 35 inserted by No. 78/2010 s. 22.\n\n\t35 Transitional provisions—Part 2 of Subordinate Legislation Amendment Act 2010\n\n(1) An exception certificate issued under section 8 as in force immediately before 1 January 2011 is to be taken, on and from 1 January 2011, to be an exemption certificate issued on the equivalent ground under section 8 as substituted by Part 2 of the **Subordinate Legislation Amendment Act 2010**.\n\n(2) An exemption certificate issued under section 9 as in force immediately before 1 January 2011 is to be taken, on and from 1 January 2011, to be an exemption certificate issued on the equivalent ground under section 8 as substituted by Part 2 of the **Subordinate Legislation Amendment Act 2010**.\n\n(3) A Premier's certificate issued under section 9(3) as in force immediately before 1 January 2011—\n\n(a)  is to be taken, on and from 1 January 2011, to be an exemption certificate issued by the Premier under section 9 as substituted by Part 2 of the **Subordinate Legislation Amendment Act 2010**; and\n\n(b) has full force and effect despite not being accompanied by the Minister's written reasons under section 9(2)(b) or not including the reason for the exemption under section 9(3)(a).\n\n(4) If a statutory rule has been made before 1 January 2011 but section 15 as in force immediately before 1 January 2011 has not been complied with before that date—\n\n(a) section 15 as amended by Part 2 of the **Subordinate Legislation Amendment Act 2010** and section 15A must be complied with; and\n\n(b) for that purpose, any certificate or other documentation required by this Act which was prepared before 1 January 2011 is taken to comply with this Act as amended.\n\n(5) If, before 1 January 2011, a regulatory impact statement has been prepared in accordance with Part 2 as in force immediately before 1 January 2011 for a proposed statutory rule but that statutory rule is not made before 1 January 2011, the regulatory impact statement prepared in accordance with Part 2 as in force immediately before 1 January 2011 is taken to comply with this Act as amended by Part 2 of the **Subordinate Legislation Amendment Act 2010** for the purposes of the statutory rule to which it relates.\n\nS. 36 repealed by No. 74/2000 s. 3(Sch. 1 item 120.2), new s. 36 inserted by No. 78/2010 s. 40, repealed by No. 47/2024 s. 24.\n\n* * * * *\n\nSchedules\n\nSch. 1 amended by No. 78/2010 ss 23, 38.\n\nSchedule 1––Matters to be included in guidelines\n\n1. Guidelines as to the types of matters appropriate for inclusion in statutory rules or legislative instruments rather than in Acts or in instruments which are not of a legislative character.\n\n2. Guidelines as to alternative means of achieving the objectives sought to be achieved by a proposed statutory rule or legislative instrument such as self regulation or voluntary codes of conduct.\n\n3. Guidelines as to the appropriate cases in which a proposed statutory rule or legislative instrument should set performance standards rather than prescribing detailed requirements.\n\n4. Guidelines as to procedures to be adopted to ensure that—\n\n(a) the need for a proposed statutory rule or legislative instrument can be justified;\n\n(b) the objectives of a proposed statutory rule or legislative instrument are formulated and included in any proposed statutory rule or legislative instrument.\n\n5. Guidelines as to the procedures to be adopted to ensure that—\n\n(a) an agency preparing or considering a proposed statutory rule or legislative instrument identifies and consults any other agency relevant to the subject matter of the proposed statutory rule or legislative instrument;\n\n(b) where appropriate, independent advice is obtained as to the nature and content of the proposed statutory rule or legislative instrument;\n\n(c) proper consultation takes place with any sector of business or the public which may be affected by the proposed statutory rule or legislative instrument;\n\n(d) proper consultation takes place in circumstances where consultation is required under section 6.\n\n6. Guidelines as to circumstances in which a statutory rule or legislative instrument imposes a significant economic or social burden on a sector of the public.\n\n7. Guidelines as to the application, adoption or incorporation of matter in a statutory rule or legislative instrument.\n\n8. Guidelines as to the style and language to be used in drafting statutory rules or legislative instruments.\n\n9. Guidelines as to the printing and submission of statutory rules to the Governor in Council.\n\n10. Guidelines as to the printing and submission of legislative instruments to the Governor in Council or other instrument maker.\n\n11. Guidelines as to the provision of statutory rules and legislative instruments to the Scrutiny Committee.\n\n12. Guidelines as to determining whether an instrument is a legislative instrument.\n\n13. Guidelines relating to certificates under Part 2 and Part 2A.\n\nSch. 2 repealed by No. 74/2000 s. 3(Sch. 1 item 120.3).\n\n* * * * *\n\n\n\nEndnotes\n\n","sortOrder":61},{"sectionNumber":"1","sectionType":"section","heading":"General information","content":"1 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\n*Minister's second reading speech—*\n\n*Legislative Assembly: 10 November 1994*\n\n*Legislative Council: 6 December 1994*\n\nThe long title for the Bill for this Act was \"A Bill to re-enact with amendments the law relating to subordinate legislation, to amend the **Interpretation of Legislation Act 1984**, to repeal **the Subordinate Legislation Act 1962** and the **Amendments Incorporation Act 1958**, to make consequential amendments to certain Acts and for other purposes.\".\n\nThe **Subordinate Legislation Act 1994** was assented to on 13 December 1994 and came into operation on 1 January 1995: section 2.\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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section 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 an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.  \nSee section 36(3)(3D)(3E).\n\n","sortOrder":62},{"sectionNumber":"2","sectionType":"section","heading":"Table of Amendments","content":"2 Table of Amendments\n\nThis publication incorporates amendments made to the **Subordinate Legislation Act 1994** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Public Sector Management and Parliamentary Officers (Amendment) Act 1996, No. 24/1996**\n\n| Assent Date: | 2.7.96 |\n| --- | --- |\n| Commencement Date: | S. 33(1) on 16.11.93: s. 2(2); rest of Act on 2.7.96: s. 2(1) |\n| Current State: | All of Act in operation |\n\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 120) on 22.11.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Information Privacy Act 2000, No. 98/2000**\n\n| Assent Date: | 12.12.00 |\n| --- | --- |\n| Commencement Date: | S. 76 on 1.9.01: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Health Records Act 2001, No. 2/2001**\n\n| Assent Date: | 10.4.01 |\n| --- | --- |\n| Commencement Date: | S. 116 on 1.7.02: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**State Taxation Legislation (Further Amendment) Act 2002, No. 30/2002**\n\n| Assent Date: | 12.6.02 |\n| --- | --- |\n| Commencement Date: | S. 18 on 13.6.02: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| --- | --- |\n| Commencement Date: | S. 117(1)(Sch. 3 item 191) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Parliamentary Administration Act 2005, No. 20/2005**\n\n| Assent Date: | 24.5.05 |\n| --- | --- |\n| Commencement Date: | S. 52(5) on 1.7.05: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Land Tax Act 2005, No. 88/2005**\n\n| Assent Date: | 29.11.05 |\n| --- | --- |\n| Commencement Date: | S. 117(Sch. 2 item 7) on 1.1.06: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Infringements Act 2006, No. 12/2006**\n\n| Assent Date: | 11.4.06 |\n| --- | --- |\n| Commencement Date: | Ss 177, 178 on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Charter of Human Rights and Responsibilities Act 2006, No. 43/2006**\n\n| Assent Date: | 25.7.06 |\n| --- | --- |\n| Commencement Date: | S. 47(Sch. item 7) on 1.1.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Infringements and Other Acts Amendment Act 2008, No. 9/2008**\n\n| Assent Date: | 18.3.08 |\n| --- | --- |\n| Commencement Date: | S. 43 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Subordinate Legislation Amendment Act 2010, No. 78/2010**\n\n| Assent Date: | 19.10.10 |\n| --- | --- |\n| Commencement Date: | Ss 4–23, 40 on 1.1.11: s. 2(1); ss 25–38 on 1.7.11: s. 2(2); s. 39 on 1.1.13: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Statute Law Revision Act 2012, No. 43/2012**\n\n| Assent Date: | 27.6.12 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. item 51) on 28.6.12: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Privacy and Data Protection Act 2014, No. 60/2014**\n\n| Assent Date: | 2.9.14 |\n| --- | --- |\n| Commencement Date: | S. 140(Sch. 3 item 44) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| --- | --- |\n| Commencement Date: | S. 390(Sch. 1 item 98) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n**Subordinate Legislation and Administrative Arrangements Amendment Act 2024, No. 47/2024**\n\n| Assent Date: | 26.11.24 |\n| --- | --- |\n| Commencement Date: | Ss 3–16, 18–25 on 1.3.25: s. 2(2); s. 17 on 18.6.25: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Subordinate Legislation Act 1994** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n","sortOrder":63},{"sectionNumber":"3","sectionType":"section","heading":"Explanatory details","content":"3 Explanatory details\n\nNo entries at date of publication.","sortOrder":64}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1994 Act focused primarily on 'statutory rules' (regulations made by Governor in Council). The 2010 amendments (No. 78/2010) significantly expanded the scope by introducing 'legislative instruments' as a second category of subordinate legislation, creating an entire parallel regime (Part 2A, Part 3A, Part 5A). This effectively doubled the Act's coverage to capture rules made by ministers and agencies, not just Cabinet. Further 2024 amendments (No. 47/2024) added more exemptions and refined processes, showing continued scope creep from a simple regulation-making framework to a comprehensive subordinate legislation management system."},"complexity_factors":["Dual-track structure: Parallel but slightly different processes for statutory rules (Part 2) and legislative instruments (Part 2A), creating near-mirror sections (e.g., ss 6 vs 12C, ss 7 vs 12E) that must be read together but have subtle distinctions","Extensive cross-referencing: Heavy reliance on definitions in s 3 (27+ defined terms), guidelines under s 26/Schedule 1, and multiple external Acts (Charter of Human Rights, Public Administration Act, Infringements Act, etc.)","Multiple exemption pathways: Complex hierarchy of exemptions including Minister exemption certificates (s 8/12F), Premier exemption certificates (s 9/12G), human rights exemption certificates (s 12A/12D), and regulation-making powers (s 28)","Conditional commencement and disallowance mechanics: Intricate timing rules for tabling (6th sitting day), disallowance periods (18th/24th sitting days), and suspension mechanisms (7-day windows) in ss 15-16, 22-25, 25B-25E","Nested exceptions: Definition of 'legislative instrument' in s 3 contains multiple layers of exclusions (a)-(h), with s 3(2) providing a non-exhaustive list of 'purely administrative' instruments and s 3(3) providing a non-exhaustive list of 'legislative character' instruments","Transitional and versioning complexity: Multiple amendment notes throughout (e.g., 'substituted by No. 78/2010', 'inserted by No. 47/2024') indicating significant legislative history and potential interpretive issues regarding transitional provisions in s 35","Certificate proliferation: Requires tracking of multiple certificate types (compliance, exemption, human rights, consultation, infringement offence, extension, section 13) with different requirements for statutory rules vs legislative instruments"],"plain_english_summary":"**What this law does:**\n\nThis is Victoria's rulebook for making **subordinate legislation** — the regulations, rules, and other legal instruments made by government ministers and agencies under powers granted by Acts of Parliament. It ensures these rules are made properly, published openly, and can be checked by Parliament.\n\n**Key things it covers:**\n\n*   **Two types of rules:** It deals with **statutory rules** (mostly regulations made by the Governor in Council — essentially the Cabinet) and **legislative instruments** (other rules made by ministers or agencies).\n*   **Making rules properly:** Before making a rule, ministers usually must consult the public, prepare a **regulatory impact statement** (an analysis of costs and benefits), and certify whether the rule affects human rights under Victoria's Charter of Human Rights. There are exemptions for urgent or minor matters.\n*   **Parliamentary oversight:** All rules must be tabled (presented) in Parliament. The **Scrutiny of Acts and Regulations Committee** (a parliamentary committee) reviews them and can recommend they be disallowed (cancelled) if they overreach, breach rights, or are poorly made.\n*   **Publication:** Rules must be published in the *Government Gazette* and made available to the public.\n*   **Sunset clauses:** Most statutory rules automatically expire after 10 years unless remade, ensuring old rules don't linger forever.\n\n**Who it affects:**\n\n*   **Government departments and agencies** who make rules\n*   **Ministers** who sign off on rules\n*   **The public** — who get to comment on proposed rules and access final rules\n*   **Parliament** — which keeps the executive branch in check\n\n**Why it matters:**\n\nThis law is a crucial accountability mechanism. It stops ministers from making rules in secret, ensures they think about the costs to business and community, protects human rights, and lets Parliament veto bad rules. It's the safeguard between \"government wants to do something\" and \"government can legally make you do something.\""},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original intent of governing the creation and review of subordinate legislation in Victoria. The version history indicates ongoing consolidation rather than fundamental changes in scope."},"complexity_factors":["Involves meta-legislation (laws governing how other laws are made), which is inherently abstract","Requires understanding the distinction between primary legislation (Acts of Parliament) and subordinate legislation (regulations, orders, by-laws)","Regulatory Impact Statement requirements involve economic and policy analysis concepts","Sunsetting and automatic expiry mechanisms require tracking of legislative timelines","Interacts with a large number of other Acts that delegate regulation-making powers","Limited legislative text was provided in this extract, making full analysis difficult — the version history metadata dominates the supplied content"],"plain_english_summary":"## Subordinate Legislation Act 1994 (Victoria)\n\nThis Act sets out the rules for how **subordinate legislation** (rules, regulations, and orders made by government ministers or agencies *under* the authority of a main Act of Parliament) is created, reviewed, and managed in Victoria.\n\n**What is subordinate legislation?** When Parliament passes a law (like the Road Safety Act), it often gives ministers or government bodies the power to create detailed rules without going back to Parliament each time. These detailed rules are called subordinate legislation — think regulations about speed limits, or licensing fees.\n\n**Who does this affect?**\n- Government departments and agencies that make regulations\n- Businesses and individuals who must comply with regulations\n- Anyone who wants to understand why regulations exist and whether they are justified\n\n**Why does it matter?**\n- It requires a **Regulatory Impact Statement (RIS)** — a public document explaining the costs, benefits, and alternatives — before significant new regulations can be made\n- It ensures regulations are not just rubber-stamped, but must be justified\n- It sets up a system for regulations to be automatically reviewed and, if not renewed, to expire (called 'sunsetting')\n- It provides a check on government power by making regulation-making more transparent and accountable\n\nIn short, this Act is the 'rulebook for making rules' in Victoria — it protects the public by ensuring new regulations are scrutinised before they are imposed."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope was extended after its original enactment to cover a separate category called 'legislative instruments' and to create parallel procedural requirements for them. The definition of 'legislative instrument' and the dedicated Part 2A (ss 12C–12K), Part 3A (ss 16A–16F) and Part 5A (ss 25A–25E) were inserted by later amendment (see s3 definition of 'legislative instrument' (inserted by No. 78/2010) and the Parts and sections dealing with legislative instruments). Other amendments have also adjusted definitions and added administrative categories (for example, scope changes in ss 3, 4A, 12E and related sections)."},"complexity_factors":["Two parallel regimes with overlapping but distinct rules for statutory rules and legislative instruments (Parts 2/3/5 versus Parts 2A/3A/5A) increasing mapping and compliance complexity (s3; s7; s12E; s16A; s25A).","Multiple certificate types (consultation, exemption, Premier's exemption, compliance, human rights, section 13, extension) with different issuers and preconditions (s6, s8, s9, s10(4), s12A, s13, s5A).","Detailed exemption categories and emergency/short‑term carve-outs that require legal judgment and written reasons (s8, s12F, s9, s12G).","Automatic 10-year revocation with one-off extension mechanism adds temporal complexity and transitional drafting costs (s5, s5A).","Publication, tabling and consolidation obligations across multiple offices (Government Printer, instrument maker, responsible Minister) and online availability rules (s17, s16A, s16F, s20).","Interaction with external Acts and standards (e.g. Monetary Units Act, Charter of Human Rights), creating cross‑reference and interpretation work (s8(1)(d); s12A; s12D).","Scrutiny Committee powers to report, propose suspension and trigger parliamentary disallowance introduce procedural risk and timelines that must be managed (s21–s25, s25A–s25E).","Non‑invalidating failures (many procedural failures do not affect validity) create a two‑track accountability system: legal effect versus parliamentary reporting (s6(3), s12(4), s12J(5), s15(2), s16F(4))."],"plain_english_summary":"# What this Act does (mechanically)\n\n- Establishes mandatory procedures for making, publishing and reviewing subordinate law in Victoria. It divides rules into two main kinds: \"statutory rules\" (regulations and similar instruments) and \"legislative instruments\" (instruments of legislative character that are not statutory rules) and sets separate but parallel processes for each (see definitions in s3 and the Parts dealing with statutory rules and legislative instruments: Part 2 / Part 2A; Parts 3 / 3A; Parts 5 / 5A).\n\n- Requires preparatory checks and documents before instruments are made: consultation certificates where consultation is required (s6, s12C), regulatory impact statements (s7, s12E) unless an exemption certificate is issued (s8, s12F), human rights certificates for limits on Charter rights (s12A, s12D), and a legal (section 13) certificate from the Chief Parliamentary Counsel for proposed statutory rules submitted to Governor in Council (s13).\n\n- Specifies what must be in regulatory impact statements (objectives, effects, options, costs/benefits, draft instrument) and requires independent advice about their adequacy (s10, s12H, s10(3), s12H(3)). It requires public notice and at least 28 days for submissions when a RIA is prepared (s11, s12I).\n\n- Provides for exemptions and emergency fast-tracks: Ministers may issue exemption certificates for specified, narrow categories (e.g. machinery rules, small fee increases, burdens only on public sector bodies, urgent temporary measures) (s8, s12F). The Premier may issue a written exemption in special circumstances for short-term instruments (s9, s12G). Extension certificates and extension regulations can delay automatic revocation of statutory rules for up to 12 months (s5, s5A).\n\n- Controls publication and availability: rules must be printed and published by the Government Printer and notified in the Government Gazette; legislative instruments must be published in full unless unsuitable (s17, s16A). Instrument makers must ensure consolidated versions are made available and published online when an instrument amends an earlier instrument (s16F).\n\n- Creates parliamentary oversight and review paths: the Scrutiny of Acts and Regulations Committee may review instruments and report on whether they exceed authorising powers, unduly affect rights, are incompatible with human rights, involve significant administrative costs, or otherwise raise issues (s21, s25A). The Committee can recommend suspension pending parliamentary consideration (s22, s25B) and disallowance procedures allow either House to disallow instruments according to specified timeframes (s23, s25C). Disallowance revives any instruments or Acts that were displaced (s24, s25D).\n\n- Sets limits and protections: statutory rules automatically revoke after 10 years unless extended by regulation (s5); commencement rules protect persons from prosecution or liability for an instrument that came into force but was not yet printed/published, subject to exceptions where reasonable notice was given (s16(2)-(3), s20(3)).\n\n# Who it affects and who pays\n\n- Responsible Ministers and instrument makers carry the direct duties: preparing RIAs, consultation certificates, human rights certificates, compliance certificates and associated records; they must arrange publication and deliver documents to Parliament and the Scrutiny Committee (see s6, s7, s10, s12A, s14, s15, s15A, s16B, s16C).\n\n- Public sector bodies may bear intra-government compliance costs when consulted or when instruments affect them (s6(2), s8(1)(da), s12F(1)(d)).\n\n- Private persons and businesses are affected when instruments impose obligations or fees: they may incur compliance costs that the Act requires be assessed in RIAs where a significant economic or social burden is expected (s6(1)(b), s7, s10(2), s12H(2)). The Act does not itself impose fees or penalties; it prescribes procedural steps that can increase the time and resource cost of making instruments that do affect private parties.\n\n# Official stated purpose and a practical test against costs and incentives\n\n- The Act states its purpose in s1: to ensure subordinate legislation is exercised under parliamentary authority and control; to regulate preparation, making, publication and scrutiny; to provide for public participation; and to amend interpretation rules.\n\n- Testing that purpose against practical mechanics in the Act shows trade-offs and incentives:\n  - Transparency and participatory checks (RIAs, public notices, Scrutiny Committee oversight; s7, s10, s11, s15, s21) increase information and parliamentary control but impose administrative costs on Ministers/instrument makers and delay timing of instruments that require full compliance.\n  - Exemption powers (Minister and Premier certificates, s8, s9, s12F, s12G) create flexibility for rapid or minor measures; that flexibility concentrates decision-making power and reduces procedural costs in those specific cases. The Act requires reasons for exemptions (s8(3), s9(3), s12F(3)), but leaves substantive judgment to Ministers and the Premier (discretion set out in those sections).\n  - The automatic 10-year revocation rule (s5) forces periodic review of rules and may impose drafting and transitional costs for government to remake or update instruments; extension regulations (s5A) are narrowly available and time-limited.\n  - Non‑compliance with some procedural requirements does not invalidate instruments (e.g. failures of publication, tabling, or consultation do not affect operation—see s6(3), s12(4), s12J(5), s15(2), s16F(4)), which reduces legal risk for government but reduces remedies for affected external parties and makes parliamentary reporting the primary enforcement route (s15(2), s16B(3)).\n\n# Implementation risks, compliance burdens and behavioural effects\n\n- Implementation risk: considerable discretion is given to Ministers and the Premier (s8, s9, s12F, s12G) and to the Governor in Council to prescribe or exempt classes of instruments (s4, s4A), which can lead to variation in application across portfolios.\n\n- Compliance burden: preparing adequate RIAs, obtaining independent advice, conducting consultations and producing certificates (s7, s10, s11, s12H, s12I) create measurable administrative costs for government agencies and may delay rule-making where full procedures apply.\n\n- Behavioural effects: instrument makers may design instruments to fall within exemptions or to be purely administrative (see list at s3(2)) to avoid the heavier RIA/consultation rules; they must also weigh the risk of Scrutiny Committee reports and potential parliamentary disallowance (s21–s25, s25A–s25E).\n\n# Concrete mechanisms to watch (implementation touchpoints)\n\n- Certificates required and who signs them: responsible Ministers sign consultation, exemption, compliance and human rights certificates (s6, s8, s10(4), s12A); Chief Parliamentary Counsel issues a section 13 certificate for Governor-in-Council statutory rules (s13).\n\n- Publication and access: Government Printer publication (s17), Gazette notices (s17, s16A), online consolidated versions (s16F) and public inspection locations (s20).\n\n- Parliamentary oversight: tabling deadlines (s15, s16B), Scrutiny Committee reporting criteria (s21, s25A) and disallowance/suspension timetables (s22–s25, s25B–s25C).\n\nOverall, the Act establishes procedural controls intended to increase parliamentary oversight and public participation (s1). Those controls produce measurable administrative costs for instrument makers and create incentives to use exemptions or administrative instruments where speed or lower transaction costs are required (see s3(2), s8, s12F)."}},"importantCases":[],"_links":{"self":"/api/acts/subordinate-legislation-act-1994","history":"/api/acts/subordinate-legislation-act-1994/history","analysis":"/api/acts/subordinate-legislation-act-1994/analysis","conflicts":"/api/acts/subordinate-legislation-act-1994/conflicts","importantCases":"/api/acts/subordinate-legislation-act-1994/important-cases","documents":"/api/acts/subordinate-legislation-act-1994/documents"}}