Version incorporating amendments as at
1 July 2021
table of provisions
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 1
Part 2—Mutual recognition 2
3 Definition 2
4 Adoption of Commonwealth Act 2
5 Regulations for temporary exemptions for goods 2
6 Termination of adoptions 2
6A Effect of termination of adoption under section 4(2) before termination of adoption under section 4(1) 3
7 Transitional 3
Endnotes 5
1 General information 5
2 Table of Amendments 7
3 Amendments Not in Operation 8
4 Explanatory details 9
Version No.006
Mutual Recognition (Victoria) Act 1998
No. 62 of 1998
Version incorporating amendments as at
1 July 2021
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purpose
The main purpose of this Act is to continue the adoption of the Mutual Recognition Act 1992 of the Commonwealth.
2 Commencement
(1) This Part, section 8 and Part 3 come into operation on the day on which this Act receives the Royal Assent.
(2) Part 2 (except section 8) is deemed to have come into operation on 1 July 1998.
Part 2—Mutual recognition
3 Definition
In this Part—
Commonwealth Act means the Mutual Recognition Act 1992 of the Commonwealth.
4 Adoption of Commonwealth Act
(1) The Commonwealth Act, as originally enacted and as amended by regulations made before the enactment of the Mutual Recognition (Victoria) Act 1993, is adopted within the meaning of section 51(xxxvii) of the Commonwealth of Australia Constitution.
S. 4(2) substituted by No. 25/2021 s. 3.
(2) Without limiting subsection (1), the amendments made to the Commonwealth Act, by the Mutual Recognition Amendment Act 2021 of the Commonwealth, are adopted under section 51(xxxvii) of the Constitution of the Commonwealth.
S. 4(3) inserted by No. 25/2021 s. 3.
(3) Each adoption under this section terminates at the end of the day fixed under section 6 as the day on which that adoption is to terminate.
5 Regulations for temporary exemptions for goods
Without limiting any other power under any other Act, the Governor in Council may make regulations for the purposes mentioned in section 15 of the Commonwealth Act as adopted.
S. 6 substituted by No. 25/2021 s. 4.
6 Termination of adoptions
(1) The Governor in Council, by proclamation published in the Government Gazette, may fix a day as the day on which—
(a) the adoption, under section 4(1), of the provisions of the Commonwealth Act referred to in section 4(1) terminates; or
(b) the adoption, under section 4(2), of the provisions of the Commonwealth Act, referred to in section 4(2), terminates.
(2) The Governor in Council, by proclamation published in the Government Gazette, may revoke a proclamation published under subsection (1), in which case the revoked proclamation, for the purposes of section 4, is taken never to have been published.
(3) A revoking proclamation has effect only if published before the day fixed under subsection (1).
(4) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.
S. 6A inserted by No. 25/2021 s. 4.
6A Effect of termination of adoption under section 4(2) before termination of adoption under section 4(1)
If the adoption under section 4(2) terminates before the adoption under section 4(1), the termination of the adoption under section 4(2) does not affect the continued operation in the State of the provisions of the Commonwealth Act referred to in section 4(1).
7 Transitional
Anything done or purporting to have been done after the expiry of the Mutual Recognition (Victoria) Act 1993 and before the enactment of this Act is deemed to have, and always to have had, the same effect as it would have had if the Mutual Recognition (Victoria) Act 1993 had not expired.
S. 8 repealed by No. 21/2015 s. 3(Sch. 1 item 35).
Pt 3 (Heading and ss 9, 10) repealed by No. 70/2013 s. 3(Sch. 1 item 38).
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 3 September 1998
Legislative Council: 7 October 1998
The long title for the Bill for this Act was "to continue the adoption of the Mutual Recognition Act 1992 of the Commonwealth, to amend the Trans‑Tasman Mutual Recognition (Victoria) Act 1998 and certain other Acts and for other purposes."
The Mutual Recognition (Victoria) Act 1998 was assented to on 27 October 1998 and came into operation as follows:
Part 1 (sections 1, 2), section 8 and Part 3 (sections 9, 10) on 27 October 1998: section 2(1); rest of Act on 1 July 1998: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All 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).
• Examples, diagrams or notes
All 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).
• Punctuation
All 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).
• Provision numbers
All 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).
• Location of "legislative items"
A "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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Mutual Recognition (Victoria) Act 1998 by Acts and subordinate instruments.