32Prescribing matters by reference to other documents[[1]](#endnote-2)

32 Prescribing matters by reference to other documents[[1]](#endnote-2) S. 32(1) def. of *Code* amended by Nos 80/1990 s. 98(2), 48/1992 s. 116(2), 41/1995 s. 60, 83/1996 s. 38, 29/1997 s. 9, 31/1998 s. 26, 37/1999 s. 58(Sch. 1 item 2.1), 30/2008 s. 42(1), 11/2010 s. 51, 55/2025 s. 57. ***Code*** means— (a) the **Companies (Victoria) Code**; (b) the **Companies (Acquisition of Shares) (Victoria) Code**; (c) the **Futures Industry (Victoria) Code**; (d) the **Securities Industry (Victoria) Code**; (e) the **Companies and Securities (Interpretation and Miscellaneous Provisions) (Victoria) Code**; (f) any other Code to which the **Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981** applies; (g) the ASIC Law of Victoria; (h) the Corporations Law of Victoria; (ha) the National Electricity (Victoria) Law; (i) the **AFIC (Victoria) Code**; (j) the **Financial Institutions (Victoria) Code**; (ja) the National Gas (Victoria) Law; (l) the Friendly Societies (Victoria) Code; (m) a regulation or rule that has the force of law in Victoria made under a Code or Law referred to in paragraphs (a) to (l); ***relevant day*** means the day on which the **Interpretation of Legislation (Amendment) Act 1991** comes into operation. S. 32(1) def. of *statutory rule* repealed by No. 60/2000 s. 5(1). (2) If an Act (whether passed before or after the relevant day) authorises or requires provision to be made for or in relation to a matter by a subordinate instrument, the subordinate instrument, if made on or after the relevant day and unless the contrary intention appears in the Act under or pursuant to which it is made— (a) may make provision for or in relation to that matter by applying, adopting or incorporating, with or without modification, the provisions of— (i) an Act; or S. 32(2)(a)(ia) inserted by No. 60/2000 s. 5(2)(a). (ia) a Commonwealth Act; or (ii) a Code; or S. 32(2)(a)(iii) amended by No. 60/2000 s. 5(2)(b). (iii) a statutory rule; or S. 32(2)(a)(iv) inserted by No. 60/2000 s. 5(2)(b). (iv) a statutory rule (within the meaning of the Statutory Rules Publication Act 1903 of the Commonwealth) made under a Commonwealth Act— as in force at a particular time or as in force from time to time; and S. 32(2)(b) amended by No. 60/2000 s. 5(3). (b) must not make provision for or in relation to that matter by applying, adopting or incorporating any matter contained in a document (not being an Act, Commonwealth Act, Code, statutory rule or statutory rule made under a Commonwealth Act). S. 32(3) amended by Nos 104/1994 s. 30(1)(a), 60/2000 s. 5(3). (3) If a subordinate instrument made on or after the relevant day is authorised or required to make, and does make, provision for or in relation to a matter by applying, adopting or incorporating any matter contained in a document (not being an Act, Commonwealth Act, Code, statutory rule or statutory rule made under a Commonwealth Act) whether as in force at a particular time or as in force from time to time— S. 32(3)(a) substituted by No. 104/1994 s. 30(1)(b). (a) the Minister administering the Act under which the subordinate instrument was made must if the subordinate instrument is itself required to be laid before each House of the Parliament cause— (i) a copy of the matter so applied, adopted or incorporated to be lodged with the Clerk of the Parliaments as soon as practicable after the subordinate instrument is required to be laid before each House of the Parliament; and (ii) notice of the documents containing the matter so applied, adopted or incorporated and of the fact that a copy of the matter so applied, adopted or incorporated has been lodged with the Clerk of the Parliaments, to be published in the Government Gazette as soon as practicable after the copy of the matter has been lodged; and (iii) a copy of the notice published in the Government Gazette to be laid before each House of the Parliament as soon as practicable after it is published; and S. 32(3)(b) amended by No. 104/1994 s. 30(1)(c). (b) a copy of the matter so applied, adopted or incorporated must be kept available for inspection during normal office hours by members of the public without charge— (i) in the case of a subordinate instrument that is a statutory rule, at the Department of the Minister administering the Act under which the subordinate instrument is made or at some other appropriate public office specified by the Minister by a notice published in the Government Gazette; and (ii) in the case of a subordinate instrument that is not a statutory rule, at the principal office of the body which made the subordinate instrument or at some other appropriate public office specified by the Minister administering the Act under which it is made by a notice published in the Government Gazette. S. 32(4) amended by No. 60/2000 s. 5(3). (4) If a subordinate instrument made on or after the relevant day is authorised or required to make, and does make, provision for or in relation to a matter by applying, adopting or incorporating any matter contained in a document (not being an Act, Commonwealth Act, Code, statutory rule or statutory rule made under a Commonwealth Act) as in force from time to time and after the subordinate instrument is made the matter so applied, adopted or incorporated is at any time amended— S. 32(4)(a) substituted by No. 104/1994 s. 30(2), amended by No. 30/2003 s. 78 (as amended by No. 106/2003 s. 23). (a) the Minister administering the Act under which the subordinate instrument was made must, if the subordinate instrument is itself required to be laid before each House of the Parliament, cause— (i) a copy of the matter as so amended to be lodged with the Clerk of the Parliaments as soon as practicable after that amendment is made; and (ii) notice of the amendment and the documents containing that amendment and of the fact that a copy of the matter as so amended has been lodged with the Clerk of the Parliaments, to be published in the Government Gazette as soon as practicable after the copy of the matter has been lodged; and (iii) a copy of the notice published in the Government Gazette to be laid before each House of the Parliament as soon as practicable after it is published; and S. 32(4)(b) repealed by No. 104/1994 s. 30(2). (c) a copy of the matter as amended must be kept available for inspection during normal office hours by members of the public without charge— (i) in the case of a subordinate instrument that is a statutory rule, at the Department of the Minister administering the Act under which the subordinate instrument is made or at some other appropriate public office specified by the Minister by a notice published in the Government Gazette; and (ii) in the case of a subordinate instrument that is not a statutory rule, at the principal office of the body which made the subordinate instrument or at some other appropriate public office specified by the Minister administering the Act under which it is made by a notice published in the Government Gazette. (5) A failure to comply with subsection (3) or (4) does not affect the validity, operation or effect of the subordinate instrument. S. 32(6)–(8) amended by No. 95/1993 s. 6, repealed by No. 104/1994 s. 30(3). S. 32(9)–(11) repealed by No. 104/1994 s. 30(3). S. 32(12) amended by No. 60/2000 s. 5(3). (12) Despite subsection (5), a person— (a) must not be convicted of an offence consisting of a contravention of a subordinate instrument made on or after the relevant day if it is proved that, at the time of the alleged contravention; and (b) is not prejudicially affected or made subject to any liability by a subordinate instrument made on or after the relevant day if it is proved that, at the relevant time— a copy of any matter contained in a document (not being an Act, Commonwealth Act, Code, statutory rule or statutory rule made under a Commonwealth Act) applied, adopted or incorporated by the subordinate instrument could not be inspected as provided by this section. S. 32(13) substituted by No. 104/1994 s. 31. (13) Despite any rule of law to the contrary, where salaries, wages, fees, allowances or expenses payable to any person or class of persons may be prescribed, determined or fixed by a subordinate instrument, whether or not the power to prescribe is subject to conditions, restrictions or limitations, the salaries, wages, fees, allowances or expenses may be prescribed, determined or fixed by the subordinate instrument by reference in that subordinate instrument to the salaries, wages, fees, allowances or expenses prescribed, determined or fixed by or under any other Act or by or under any Commonwealth Act from time to time as payable to any other person or class of persons. S. 32(13A) inserted by No. 62/2014 s. 109. (13A) If a subordinate instrument may prescribe, determine or fix any conditions of office for any person or class of persons, those conditions of office may be prescribed, determined or fixed by the subordinate instrument by reference in that subordinate instrument to the conditions of office applicable to any other person or class of persons prescribed, determined or fixed from time to time— (a) by or under any other Act; or (b) by or under any Commonwealth Act. S. 32(13B) inserted by No. 62/2014 s. 109. (13B) Subsection (13A) applies— (a) whether or not the power to prescribe, determine or fix by subordinate instrument is subject to conditions, restrictions or limitations; and (b) despite any rule of law to the contrary. (14) A document or matter is not applied, adopted or incorporated in a subordinate instrument by reason only that it is referred to in the subordinate instrument, or in another document or other matter applied, adopted or incorporated in the subordinate instrument, if the document or matter so referred to does not affect the operation of the subordinate instrument. S. 32(15) repealed by No. 104/1994 s. 30(3).