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Service Victoria (Transfer of Miscellaneous Licensing and Registration Identity Verification Functions) Regulations 2022
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Turn the raw legal text into a practical explanation grounded in Service Victoria (Transfer of Miscellaneous Licensing and Registration Identity Verification Functions) Regulations 2022.
Version No. 002
Service Victoria (Transfer of Miscellaneous Licensing and Registration Identity Verification Functions) Regulations 2022
S.R. No. 27/2022
Version incorporating amendments as at
29 May 2024
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Definitions 1
5 Transferred identity verification functions 2
Schedule 1—Transferred identity verification functions 3
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Endnotes 8
1 General information 8
2 Table of Amendments 10
3 Explanatory details 11
Version No. 002
Service Victoria (Transfer of Miscellaneous Licensing and Registration Identity Verification Functions) Regulations 2022
S.R. No. 27/2022
Version incorporating amendments as at
29 May 2024
Reg. 1 substituted by S.R. No. 38/2024 reg. 24.
1 Objective
The objective of these Regulations is to prescribe identity verification functions that are transferred to the Service Victoria CEO under the Service Victoria Act 2018.
2 Authorising provision
These Regulations are made under section 58 of the Service Victoria Act 2018.
3 Commencement
These Regulations come into operation on 12 May 2022.
4 Definitions
In these Regulations—
Business Licensing Authority has the same meaning as Authority has in the Business Licensing Authority Act 1998;
mobile application means a software application designed for use on a personal electronic device such as a mobile phone or a handheld computing device;
the Act means the Service Victoria Act 2018.
5 Transferred identity verification functions
For the purposes of section 10(5) of the Act, an identity verification function set out in the table in Schedule 1 is a transferred identity verification function.
Note
A transferred identity verification function is to be performed by the Service Victoria CEO as a transferred identity verification function (see section 10(5) of the Act) from the commencement date set out in regulation 3.
Reg. 6 revoked by S.R. No. 38/2024 reg. 25.
Schedule 1—Transferred identity verification functions
Regulation 5
| Column 1<br>Item number | Column 2<br>Transferred identity verification function | Column 3<br>Service agency from which function is transferred |
|---|---|---|
| 1 | Collecting identity information provided with an application by a natural person for a licence or renewal of a licence to operate a rooming house under section 11 of the Rooming House Operators Act 2016, and verifying the applicant's identity, if the application is made by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
| 2 | Requesting and collecting identity information for the purposes of sections 15(1)(c), 16, 17 and 18 of the Rooming House Operators Act 2016, and verifying the applicant's identity, if the applicant is a natural person and the information is collected by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
| 3 | Collecting identity information provided with an application by a natural person for an estate agent's licence under section 17 of the Estate Agents Act 1980, and verifying the applicant's identity, if the application is made by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
| 4 | Collecting identity information provided with an application by a natural person for an estate agent's licence under section 31C of the Estate Agents Act 1980, and verifying the applicant's identity, if the application is made by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
| 5 | Collecting identity information for the purposes of section 14(5)(e) or 21(4)(b) of the Estate Agents Act 1980, and verifying the applicant's identity, if the information is collected by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
| 6 | Collecting identity information provided with an application by a natural person for registration as a manager of an owners corporation under sections 180 and 181 of the Owners Corporations Act 2006, and verifying the applicant's identity, if the application is made by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
Sch. 2 revoked by S.R. No. 38/2024 reg. 26.
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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.
The Service Victoria (Transfer of Miscellaneous Licensing and Registration Identity Verification Functions) Regulations 2022, S.R. No. 27/2022 were made on 10 May 2022 by the Governor in Council under section 58 of the Service Victoria Act 2018, No. 14/2018 and came into operation on 12 May 2022: regulation 3.
The Service Victoria (Transfer of Miscellaneous Licensing and Registration Identity Verification Functions) Regulations 2022 will sunset 10 years after the day of making on 10 May 2032 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Service Victoria (Transfer of Miscellaneous Licensing and Registration Identity Verification Functions) Regulations 2022 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Service Victoria (Miscellaneous) Amendment Regulations 2024, S.R. No. 38/2024
| Date of Making: | 28.5.24 |
|---|---|
| Date of Commencement: | Regs 24–26 on 29.5.24: reg. 3 |
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3 Explanatory details
No entries at date of publication.
| 7 | Collecting identity information for the purposes of section 179(d) of the Owners Corporations Act 2006, and verifying the applicant's identity, if the applicant is a natural person and the information is collected by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
| 8 | Collecting identity information for the purposes of section 182A of the Owners Corporations Act 2006, and verifying the applicant's identity, if the applicant is a natural person and the information is collected by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
| 9 | Collecting identity information provided with an application for a licence to carry on a conveyancing business under section 13 of the Conveyancers Act 2006, and verifying the applicant's identity, if the applicant is a natural person and the application is made by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
| 10 | Collecting identity information for the purposes of section 11(1)(c) of the Conveyancers Act 2006 (in relation to disqualified persons under section 5(i) of that Act), and verifying the applicant's identity, if the information is collected by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
| 11 | Collecting identity information provided with an application for a licence to carry on a conveyancing business under section 30 of the Conveyancers Act 2006, and verifying the applicant's identity, if the application is made by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |
| 12 | Collecting identity information for the purposes of section 30 of the Conveyancers Act 2006, and verifying the applicant's identity, if the information is collected by input into an Internet site or mobile application maintained for that purpose. | Business Licensing Authority |