Part 1Preliminary

Part 1—Preliminary 1 Purpose The purpose of this Act is— (a) to ensure that the power to make subordinate legislation is exercised subject to Parliament's authority and control; (b) to regulate the preparation, making, publication and scrutiny of subordinate legislation; (c) to provide for public participation in the preparation and scrutiny of subordinate legislation; (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. 2 Commencement This Act comes into operation on 1 January 1995. S. 3 amended by No. 78/2010 s. 25(2) (ILA s. 39B(1)). 3 Definitions (1) In this Act— S. 3(1) def. of *amendment* substituted by No. 78/2010 s. 25(3)(a). ***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; S. 3(1) def. of *authorising Act* substituted by No. 78/2010 s. 25(3)(b). ***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; S. 3(1) def. of *compliance certificate* substituted by No. 78/2010 s. 25(3)(c). ***compliance certificate*** means a certificate issued by the responsible Minister— (a) in relation to a statutory rule or proposed statutory rule, under section 10(4); (b) in relation to a legislative instrument or proposed legislative instrument, under section 12H; S. 3(1) def. of *exception certificate* repealed by No. 78/2010 s. 4(2)(b). * * * * * S. 3(1) def. of *exemption certificate* substituted by No. 78/2010 ss 4(2)(a), 25(3)(d). ***exemption certificate*** means a certificate issued— (a) in relation to a proposed statutory rule, by the responsible Minister under section 8(1) or the Premier under section 9; (b) in relation to a proposed legislative instrument, by the responsible Minister under section 12F or the Premier under section 12G; S. 3(1) def. of *extension certificate* inserted by No. 78/2010 s. 4(1). ***extension certificate*** means a certificate issued under section 5A(1) by the responsible Minister; S. 3(1) def. of *extension regulation* inserted by No. 78/2010 s. 4(1). ***extension regulation*** means a regulation made under section 5A extending the operation of a statutory rule; ***Government Printer*** means the person appointed to be the Government Printer for Victoria under section 72 of the **Constitution Act 1975**; ***guidelines*** means guidelines under section 26; S. 3(1) def. of *human rights certificate* inserted by No. 78/2010 s. 4(1), substituted by No. 78/2010 s. 25(3)(e). ***human rights certificate*** means a certificate issued by the responsible Minister— (a) in relation to a proposed statutory rule, under section 12A(1); or (b) in relation to a proposed legislative instrument, under section 12D(1); S. 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). ***human rights exemption certificate*** means a certificate issued by the responsible Minister— (a) in relation to a proposed statutory rule, under section 12A(3); or (b) in relation to a proposed legislative instrument, under section 12D(3); S. 3(1) def. of *instrument maker* inserted by No. 78/2010 s. 25(1). ***instrument maker***, in relation to a legislative instrument or proposed legislative instrument, means the entity empowered to make that instrument under the authorising Act; S. 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). ***legislative instrument*** means an instrument made under an Act or statutory rule that is of a legislative character but does not include— (a) a statutory rule; or (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 (c) a proclamation of commencement of an Act or any provision of an Act; or (d) a planning scheme or an amendment to a planning scheme under the **Planning and Environment Act 1987**; or (e) the Victoria Planning Provisions within the meaning of the **Planning and Environment Act 1987**; or (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 (g) an instrument of purely administrative character; or (h) a prescribed instrument or a prescribed class of instrument; ***Minister*** means the Minister administering this Act; S. 3(1) def. of *public sector body* inserted by No. 78/2010 s. 25(1). ***public sector body*** has the same meaning as it has in the **Public Administration Act 2004**; S. 3(1) def. of *public sector body Head* inserted by No. 47/2024 s. 3(1). ***public sector body Head*** has the same meaning as it has in section 4(1) of the **Public Administration Act 2004**; S. 3(1) def. of *responsible Minister* substituted by No. 78/2010 ss 4(3), 25(3)(g). ***responsible Minister*** means the Minister administering the authorising Act under which— (a) a statutory rule or a legislative instrument is made; or (b) a proposed statutory rule or a proposed legislative instrument is to be made; ***Scrutiny Committee*** means the Scrutiny of Acts and Regulations Committee of the Parliament; ***section 13 certificate*** means a certificate issued by the Chief Parliamentary Counsel under section 13; S. 3(1) def. of *statutory rule* amended by No. 47/2024 s. 3(2). ***statutory rule*** means— (a) a regulation— (i) made by the Governor in Council; or (ii) made with the consent or approval of the Governor in Council; or (iii) which the Governor in Council has power to disallow— other 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 (b) a rule relating to a court or tribunal or the procedure, practice or costs of a court or tribunal; or (c) an instrument or a class of instruments prescribed to be a statutory rule or statutory rules under section 4(1)(a); or (d) an instrument or class of instrument that is deemed to be a statutory rule or statutory rules by the authorising Act— but does not include an instrument or class of instrument specified in paragraph (a) or (b) which is exempted under section 4(1)(b). S. 3(2) inserted by No. 78/2010 s. 25(2). (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— (a) an instrument of delegation; (b) an evidentiary certificate; (c) an instrument of appointment or an instrument which changes conditions or terms of appointment; (d) an instrument which has the sole purpose of giving notice of the making of another instrument; (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; (f) an instrument that registers a specified entity or an instrument refusing to register a specified entity; (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; (h) an instrument imposing conditions on a lease, licence, permit or registration held by a specified entity; S. 3(2)(ha) inserted by No. 47/2024 s. 3(3). (ha) an instrument that applies to a specific person or a limited number of specific persons rather than applying at large; (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. S. 3(3) inserted by No. 47/2024 s. 3(4). (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— (a) that include offences; or (b) that— (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 (ii) include penalties or other sanctions for non-compliance. S. 3A inserted by No. 78/2010 s. 26.