55Public availability of by-laws

55 Public availability of by-laws

S. 55(1) amended by No. 10/2017 s. 33(12).

(1) Development Victoria must cause notice of the making of any by-law to be published in the Government Gazette.

S. 55(2) amended by No. 10/2017 s. 33(12)(13).

(2) Development Victoria must keep a copy of any unrevoked by-law available for inspection during normal office hours by members of the public, without charge, at Development Victoria's principal office.

(3) A failure to comply with subsection (1) or (2) does not affect the validity or, subject to subsection (4), the operation or effect of the by‑law.

(4) A person must not be convicted of an offence consisting of a breach of a by-law where it is proved that, at the time of the alleged breach, notice of the making of the by-law had not been published as provided in subsection (1) or a copy of the by-law could not be inspected as provided in subsection (2).

S. 55(5) amended by No. 10/2017 s. 33(11).

(5) A person must not be prejudicially affected or made subject to any liability by a by-law of Development Victoria where it is proved that, at the relevant time, notice of making of the by-law had not been published as provided in subsection (1) or a copy of the by-law could not be inspected as provided in subsection (2).

S. 55(6) substituted by No. 78/2010 s. 24(Sch. 1 item 10.1).

(6) Sections 15, 23, 24 and 25 of the Subordinate Legislation Act 1994 apply to a by-law as if—

(a) the by-law were a statutory rule within the meaning of that Act; and

(b) the by-law had been published in the Government Gazette for the purposes of section 15 of that Act on the date on which the by-law was published in the Government Gazette under subsection (1).

S. 55(7) amended by No. 78/2010 s. 24(Sch. 1 item 10.2).

(7) The by-laws may be disallowed, in whole or in part, by resolution of either House of Parliament.

S. 55(8) repealed by No. 78/2010 s. 24(Sch. 1 item 10.3).

S. 56 (Heading) inserted by No. 74/2006 s. 21(1).