Version incorporating amendments as at
22 October 2025
table of provisions
Section Page
Part 1—Preliminary matters 1
1 Purpose 1
2 Commencement 1
3 Definitions 2
4 Principles 5
Part 2—Sustainability Victoria 7
5 Sustainability Victoria 7
6 Objective 7
7 Functions 7
8 Powers 10
9 Members 10
10 Conditions of appointment of members 12
11 Meetings 12
12 Disclosure of interests of members 13
13 Validity of decisions 14
14 Power of delegation 15
15 Chief Executive Officer 15
16 Delegation of powers of Chief Executive Officer 16
17 Staff 16
18 Minister may give directions to Sustainability Victoria 16
19 Annual business plan 16
Part 2A—Information sharing 18
19A Sustainability Victoria may collect, use or disclose information 18
19B Information sharing notice 19
19C Unauthorised disclosure of confidential information 19
Part 2B—Regulations 22
19D Regulations 22
Part 3—Savings and transitional provisions 24
20 Definitions applying to this Part 24
21 Sustainability Victoria to succeed former bodies 24
22 Arrangements concerning former EcoRecycle Victoria employees 24
27 Repeal of the Sustainable Energy Authority Victoria Act 1990 26
Endnotes 27
1 General information 27
2 Table of Amendments 29
3 Explanatory details 31
Version No.011
Sustainability Victoria Act 2005
No. 65 of 2005
Version incorporating amendments as at
22 October 2025
The Parliament of Victoria enacts as follows:
Part 1—Preliminary matters
1 Purpose
The purpose of this Act is to—
(a) establish Sustainability Victoria and provide for it to be the successor in law of the Sustainable Energy Authority Victoria and EcoRecycle Victoria;
(b) amend the Environment Protection Act 1970 by repealing the provisions relating to EcoRecycle Victoria and transferring the functions and powers of EcoRecycle Victoria to Sustainability Victoria;
(c) repeal the Sustainable Energy Authority Victoria Act 1990;
(d) consequentially amend certain Acts.
2 Commencement
(1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does not come into operation before 1 July 2006, it comes into operation on that day.
3 Definitions
In this Act—
S. 3. def. of Alpine Resort Management Board inserted by No. 36/2022 s. 76(a).
Alpine Resort Management Board has the same meaning as Board has in section 3 of the Alpine Resorts (Management) Act 1997;
S. 3. def. of Auditor-General inserted by No. 36/2022 s. 76(a).
Auditor-General has the same meaning as in the Audit Act 1994;
Chief Executive Officer means the Chief Executive Officer appointed under section 15;
S. 3. def. of commercially-sensitive information inserted by No. 36/2022 s. 76(a).
commercially-sensitive information means information that relates to matters of a business, commercial or financial nature, the disclosure of which would be likely to unreasonably expose a person to disadvantage;
S. 3. def. of council inserted by No. 36/2022 s. 76(a).
council has the same meaning as Council has in section 3(1) of the Local Government Act 2020;
S. 3. def. of de-identified inserted by No. 36/2022 s. 76(a).
de-identified, in relation to personal, commercially-sensitive or confidential information, means no longer relating to an identifiable individual or an individual who can be reasonably identified;
S. 3. def. of Department amended by Nos 20/2014 s. 33, 41/2025 s. 4(Sch. 2 item 28).
Department means the Department of Energy, Environment and Climate Action;
S. 3. def. of Environment Protection Authority inserted by No. 36/2022 s. 76(a).
Environment Protection Authority has the same meaning as Authority has in section 3(1) of the Environment Protection Act 2017;
S. 3. def. of government agency inserted by No. 36/2022 s. 76(a).
government agency means—
(a) the Environment Protection Authority; or
(b) a council; or
(c) the Municipal Association of Victoria within the meaning of the Municipal Association Act 1907; or
(d) an Alpine Resort Management Board; or
(e) the Head, Recycling Victoria; or
(f) a public sector body prescribed to be a government agency; or
(g) a public sector body of another State, a Territory or the Commonwealth prescribed to be a government agency;
S. 3. def. of Head, Recycling Victoria inserted by No. 36/2022 s. 76(a).
Head, Recycling Victoria has the same meaning as in the Circular Economy (Waste Reduction and Recycling) Act 2021;
S. 3. def. of IBAC inserted by No. 36/2022 s. 76(a).
IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;
member means a member of Sustainability Victoria;
S. 3. def. of Ombudsman inserted by No. 36/2022 s. 76(a).
Ombudsman means the person appointed as the Ombudsman under section 3 of the Ombudsman Act 1973;
S. 3. def. of personal information inserted by No. 36/2022 s. 76(a).
personal information has the same meaning as in the Privacy and Data Protection Act 2014;
renewable energy includes energy which comes from sources such as the sun, wind, waves, tides, the hydrological cycle, biomass and geothermal sources;
resource efficiency means using water, energy and materials more productively so as to ease demand pressures on our limited natural resources;
Secretary means the person who is the Department Head of the Department within the meaning of the Public Administration Act 2004;
Sustainability Victoria means Sustainability Victoria established by section 5;
S. 3. def. of Victorian Inspectorate inserted by No. 36/2022 s. 76(a).
Victorian Inspectorate has the same meaning as in the Victorian Inspectorate Act 2011;
S. 3. def. of waste amended by Nos 39/2018 s. 56(1), 36/2022 s. 76(b).
waste has the same meaning as it has in section 3(1) of the Environment Protection Act 2017;
S. 3. def. of waste, recycling or resource recovery service inserted by No. 36/2022 s. 76(a).
waste, recycling or resource recovery service has the same meaning as in Circular Economy (Waste Reduction and Recycling) Act 2021.
4 Principles
It is the intention of Parliament that in the administration of this Act the following are to be considered as guiding principles—
(a) that decision making processes should effectively integrate both long-term and short-term economic, environmental, social and equity considerations;
(b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(c) the need to consider the global dimension of environmental impacts of actions and policies;
(d) the need to develop a strong, growing and diversified economy which can enhance the capacity for environment protection;
(e) the need to maintain and enhance international competitiveness in an environmentally sound manner;
(f) the need to adopt cost effective and flexible policy instruments such as improved valuation, pricing and incentive mechanisms;
(g) the need to facilitate community involvement in decisions and actions on issues that affect the community.
Part 2—Sustainability Victoria
5 Sustainability Victoria
(1) There is established a body corporate called Sustainability Victoria.
(2) Sustainability Victoria—
(a) has perpetual succession;
(b) is capable of acquiring, holding and disposing of property;
(c) may sue and be sued in its corporate name;
(d) has a common seal;
(e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer.
(3) The common seal of Sustainability Victoria can only be used in a way approved by Sustainability Victoria.
(4) All courts and people acting judicially must take judicial notice of the common seal of Sustainability Victoria.
6 Objective
The objective of Sustainability Victoria is to facilitate and promote environmental sustainability in the use of resources.
7 Functions
The functions of Sustainability Victoria are to—
(a) ensure that its objective is met to the maximum extent that is practicable;
(b) foster a stewardship ethos in relation to the use of resources;
(c) facilitate the implementation of environmentally sustainable measures in all sectors of the Victorian economy, including local government, business and households;
(d) provide information and advice on issues relating to environmental sustainability;
(e) provide information and advice on the efficient use of energy, including renewable energy, and the resulting benefit to all sectors of the Victorian community;
(f) encourage and promote the development and use of environmentally sustainable practices, markets, technologies and industries, including resource efficiency, energy efficiency, renewable energy and water;
(g) promote throughout Victoria waste avoidance, waste reduction and recovery, re‑use, recycling of resources and best practices in waste management;
(h) facilitate the uptake of fledgling technologies, industries, markets and practices in environmental sustainability, including demonstration projects;
(i) facilitate the development of voluntary environmental sustainability initiatives;
(j) contribute to the development of strategies and measures for the implementation of Government policy objectives on increased resource efficiency;
(k) develop and publish implementation strategies for the achievement of Government policy objectives for environmental sustainability, including increased resource efficiency;
(l) work in conjunction with the Department and, where appropriate, in conjunction with other Government Departments, on environmental sustainability policies and strategies;
(m) develop and implement community education and awareness strategies in relation to environmental sustainability;
S. 7(n) substituted by No. 55/2021 s. 211.
(n) provide information, advice and support to the Head, Recycling Victoria under the Circular Economy (Waste Reduction and Recycling) Act 2021 and assist the Head, Recycling Victoria in developing and implementing strategies and plans that foster sustainable, resilient and effective markets within a circular economy;
S. 7(o) substituted by No. 55/2021 s. 211, amended by No. 9/2022 s. 43.
(o) in conjunction with the Head, Recycling Victoria, advise councils, Alpine Resorts Victoria and businesses on best practices for waste, recycling or resource recovery services, systems, facilities, infrastructure and technology;
S. 7(oa) inserted by No. 20/2014 s. 34, amended by No. 39/2018 s. 56(2), repealed by No. 36/2022 s. 77.
(p) develop, and contribute to the development of, plans, guidelines, codes of practice and reports on issues relating to environmental sustainability;
(q) monitor and evaluate research and development on environmental sustainability issues, including resource efficiency and renewable energy;
(r) develop tools to measure, monitor and report on Government waste, water and energy targets;
(s) enter into agreements to further environmental sustainability, including agreements to provide financial assistance for that purpose;
(t) provide advice on the implementation of environmental sustainability policies;
(u) provide advice to the Minister on issues concerning environmental sustainability and environmentally sustainable markets, including issues relating to resource efficiency, renewable energy, greenhouse gases and waste management.
8 Powers
(1) Sustainability Victoria may do all things that are necessary or convenient to enable it to carry out its functions and achieve its objective.
(2) Without limiting subsection (1), Sustainability Victoria may apply for, obtain and hold intellectual property rights, including patents, copyrights, trade marks and registered designs.
9 Members
(1) Sustainability Victoria is to have not less than 7 members and not more than 9 members.
(2) Members are to be appointed by the Minister.
(3) Of the members—
(a) one is to be a member nominated by the Minister administering the Electricity Industry Act 2000;
S. 9(3)(b) substituted by No. 20/2014 s. 35(1).
(b) 2 are to be members who have skills, experience or knowledge relating to waste management within local government;
S. 9(3)(c) substituted by No. 20/2014 s. 35(1).
(c) 2 are to be members who have skills, experience or knowledge relating to the waste industry.
S. 9(4) amended by No. 20/2014 s. 35(2).
(4) In appointing a member other than a member referred to in subsection (3)(a), the Minister—
(a) may only appoint a person who, in the opinion of the Minister, has skills, experience or knowledge that will assist Sustainability Victoria to carry out its functions and achieve its objective; and
S. 9(4)(b) amended by No. 20/2014 s. 35(3).
(b) must attempt to ensure that collectively the members of Sustainability Victoria have skills, experience or knowledge relating to the environment, marketing, change management, business management, education, behavioural change, energy and resources and regional and rural affairs.
S. 9(4A) inserted by No. 20/2014 s. 35(4).
(4A) A member appointed under section 9(3)(b)
or (c) and in office immediately before the commencement of section 35 of the Environment Protection and Sustainability Victoria Amendment Act 2014 remains in office until his or her term of office expires.
(5) The Minister must appoint—
(a) one of the members to be the Chairperson of Sustainability Victoria; and
(b) one of the members to be the Deputy Chairperson of Sustainability Victoria.
S. 9(6) inserted by No. 20/2014 s. 35(5).
(6) Despite the amendment of this section by section 35 of the Environment Protection and Sustainability Victoria Amendment Act 2014, Sustainability Victoria continues as the same legal entity as in operation immediately before the commencement of that section.
10 Conditions of appointment of members
(1) A member—
(a) holds office for the period specified in the instrument of appointment, which must be a period of not more than 5 years;
(b) holds office on the terms and conditions determined by the Minister;
(c) may be re-appointed;
(d) may resign from office by delivering a signed letter of resignation to the Minister;
S. 10(1)(e) amended by No. 80/2006 s. 26(Sch. item 99.1).
(e) may be removed from office at any time by the Minister;
S. 10(1)(f) inserted by No. 80/2006 s. 26(Sch. item 99.2).
(f) is in respect of the office of member subject to the Public Administration Act 2004 (other than Part 3 of that Act).
(2) The Minister must remove a member from office if the member—
S. 10(2)(a) amended by No. 4/2008 s. 32(Sch. item 32).
(a) becomes an insolvent under administration; or
(b) is convicted of an indictable offence or is imprisoned for any offence; or
(c) fails to comply with section 12.
11 Meetings
(1) A meeting of Sustainability Victoria is to be presided over by—
(a) the Chairperson; or
(b) in the absence of the Chairperson, the Deputy Chairperson; or
(c) in the absence of both the Chairperson and Deputy Chairperson, a member elected by the members present at the meeting.
(2) A matter cannot be decided at a meeting unless at least a majority of the members are present.
(3) The decision on a question of the majority of the members present and voting on the question is the decision of Sustainability Victoria.
(4) The person presiding at a meeting has—
(a) a deliberative vote; and
(b) in the event of an equality of votes on any question, a second or casting vote.
(5) Sustainability Victoria may conduct all or any part of a meeting by using telephones, video links or any other system of telecommunication.
(6) Subject to this Act, Sustainability Victoria may otherwise regulate its own procedure.
12 Disclosure of interests of members
(1) A member who has a direct or an indirect pecuniary interest in any matter being considered, or about to be considered, by Sustainability Victoria must disclose the nature of that interest at a meeting of Sustainability Victoria as soon as possible after becoming aware of the relevant facts.
(2) A member who holds an office or possesses property as a result of which, directly or indirectly, duties or interests may be created in conflict with his or her duties as a member, must disclose that fact at a meeting of Sustainability Victoria as soon as possible after becoming aware of the potential conflict.
(3) The person presiding at a meeting at which a disclosure under this section is made must ensure that the disclosure is recorded in the minutes of the meeting, and that the minutes also record full details of who voted on any matter in respect of which the disclosure was made.
(4) A person who has made a disclosure under this section must not take any further part in the discussion of, or vote on, the contract or other matter to which the disclosure relates.
(5) If a member votes on a matter in contravention of subsection (4), the vote of the member must be disallowed.
(6) A member is not to be regarded as having a pecuniary interest—
(a) in a matter relating to the supply of goods or services to or by the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
(b) in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.
13 Validity of decisions
(1) An act or decision of Sustainability Victoria is not invalid merely because of—
(a) a vacancy in the membership of Sustainability Victoria; or
(b) a defect or irregularity in, or in connection with, the appointment of a member.
(2) Anything done by or in relation to a person purporting to act as a member is not invalid merely because—
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in relation to the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
14 Power of delegation
Sustainability Victoria may, by an instrument under its common seal, delegate to the Chairperson, a member, the Chief Executive Officer or any employee referred to in section 17 any function, duty or power of Sustainability Victoria under this Act or the regulations or under any other Act or regulations, other than this power of delegation.
15 Chief Executive Officer
(1) Sustainability Victoria must, with the approval of the Minister, appoint a person as Chief Executive Officer of Sustainability Victoria.
(2) The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.
(3) The Chief Executive Officer is responsible to Sustainability Victoria for the carrying out of Sustainability Victoria's functions.
(4) The Chief Executive Officer must comply with the directions of Sustainability Victoria.
(5) A person appointed to be the Chief Executive Officer who was, immediately before that appointment, an officer within the meaning of the State Superannuation Act 1988 continues, subject to that Act, to be an officer within the meaning of that Act while holding the office of Chief Executive Officer.
16 Delegation of powers of Chief Executive Officer
The Chief Executive Officer may, by instrument, delegate to any employee referred to in section 17, any responsibility, power, authority, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation.
17 Staff
Any employees that are necessary to assist Sustainability Victoria to perform its functions are to be employed under Part 3 of the Public Administration Act 2004.
18 Minister may give directions to Sustainability Victoria
(1) The Minister may issue written directions to Sustainability Victoria.
(2) Sustainability Victoria must comply with a written direction of the Minister.
19 Annual business plan
(1) Each year Sustainability Victoria must submit to the Minister for approval, on or before the date required by the Minister, a draft business plan that sets out—
(a) its objectives and priorities for the next 3 financial years;
(b) financial projections for that period;
(c) its budget for the next financial year;
(d) what it intends to do over the next financial year;
(e) any other matters that the Minister requires in writing.
(2) After amending its draft business plan in any way required by the Minister, Sustainability Victoria must submit a final business plan to the Minister for approval on or before the date required by the Minister.
(3) Sustainability Victoria must not depart significantly from its budget without first obtaining the approval of the Minister.
(4) Sustainability Victoria must have regard to its current business plan in carrying out its functions.
(5) Sustainability Victoria must ensure that a copy of its current business plan is—
(a) available for inspection by members of the public at its principal place of business whenever that place is open to the public; and
(b) published on the Internet.
Pt 2A (Heading and ss 19A–19C) inserted by No. 36/2022 s. 78.
Part 2A—Information sharing
S. 19A inserted by No. 36/2022 s. 78.
19A Sustainability Victoria may collect, use or disclose information
(1) Subject to anything to the contrary in this Act or any other Act, Sustainability Victoria may collect, use or disclose any information if the collection, use or disclosure is necessary for Sustainability Victoria—
(a) to perform the functions or duties of Sustainability Victoria under this Act, the Circular Economy (Waste Reduction and Recycling) Act 2021, the Environment Protection Act 2017 or any other Act; or
(b) to exercise the powers of Sustainability Victoria under this Act or any other Act.
(2) Without limiting subsection (1), Sustainability Victoria may collect and use information from, or disclose information to, a person or entity specified in subsection (3)—
(a) for prescribed purposes; or
(b) to perform its functions specified in section 7 other than those in paragraphs (a), (b), (e), (j) and (q) of that section.
(3) For the purposes of subsection (2), the following persons and entities are specified—
(a) a government agency;
(b) a prescribed person or a prescribed class of person;
(c) a prescribed entity or prescribed class of entity.
S. 19B inserted by No. 36/2022 s. 78.
19B Information sharing notice
(1) Sustainability Victoria, by written notice, may request a relevant entity to provide to Sustainability Victoria the information specified in the notice at the intervals or periods specified in the notice—
(a) for a purpose prescribed under section 19A(2)(a); or
(b) for the purposes of performing its functions under section 7 (other than those in paragraphs (a), (b), (e), (j) and (q) of that section).
(2) A notice under subsection (1) must—
(a) contain any prescribed information; and
(b) be in the prescribed form (if any); and
(c) specify the intervals or periods within which the prescribed information is to be provided.
(3) In this section—
relevant entity means—
(a) a government agency; or
(b) a prescribed person or prescribed class of person; or
(c) a prescribed entity or prescribed class of entity.
S. 19C inserted by No. 36/2022 s. 78.
19C Unauthorised disclosure of confidential information
(1) A person must not disclose any confidential information or commercially-sensitive information obtained by the person during the exercise of a power or performance of a function or duty under, or in connection with, this Act or the regulations except in accordance with this Part.
Penalty: 120 penalty units.
(2) Subsection (1) does not apply to the following disclosures of confidential information or commercially-sensitive information—
(a) a disclosure made in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or any other Act or the regulations;
(b) a disclosure made with the consent of the person to whom the information relates;
(c) a disclosure made to a court or tribunal in the course of legal proceedings;
(d) a disclosure made pursuant to an order of a court or tribunal;
(e) a disclosure of information that is in the public domain at the time of the disclosure other than as the result of a disclosure prohibited under this Act or any other Act;
(f) a disclosure made to an Australian legal practitioner for the purposes of obtaining legal advice or representation;
(g) a disclosure to the IBAC made as required or authorised by or under this Act or the Independent Broad-based Anti-corruption Commission Act 2011;
(h) a disclosure made such that the information is aggregated with other information and de‑identified so as to conceal its source;
(i) a disclosure to any of the following agencies to enable the agency to prevent, detect, investigate or prosecute an offence—
(i) the Head, Recycling Victoria;
(ii) the Environment Protection Authority;
(iii) Victoria Police;
(iv) the Australian Federal Police;
(v) the Victorian WorkCover Authority;
(vi) the IBAC;
(vii) the Victorian Inspectorate;
(viii) the Ombudsman;
(ix) the Auditor-General;
(x) a prescribed person or body;
(j) a disclosure made to prevent or minimise a serious risk of—
(i) failure of, or disruption to, waste, recycling or resource recovery services; or
(ii) harm to human health or the environment;
(k) a disclosure of information to a government agency if the disclosure—
(i) is necessary for research or the compiling or analysis of statistics; and
(ii) does not include personal information; and
(iii) is in the public interest;
(l) a disclosure that may be made under another Act.
Pt 2B (Heading and s. 19D) inserted by No. 36/2022 s. 78.
Part 2B—Regulations
S. 19D inserted by No. 36/2022 s. 78.
19D Regulations
(1) The Governor in Council may make regulations for or with respect to anything required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) The regulations may—
(a) be of general or limited application;
(b) differ according to differences in time, place or circumstances;
(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person;
(d) may leave any matter or thing to be from time to time approved, determined, applied, dispensed with or regulated by a specified person or class of person;
(e) may provide in a specified case or class of case for the exemption of persons, entities or things or a class of person, entity or thing from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to the extent specified;
(f) may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—
(i) wholly or partially or as amended by the regulations;
(ii) as formulated, issued, prescribed (whether under this Act or any other Act) or published at the time the regulations are made or at any time before then;
(iii) as formulated, issued, prescribed (whether under this Act or any other Act) or published from time to time.
Part 3—Savings and transitional provisions
20 Definitions applying to this Part
In this Part—
relevant day means the date of commencement of this section;
transferred employee means a person who, immediately before the relevant day, was an employee of EcoRecycle Victoria.
21 Sustainability Victoria to succeed former bodies
(1) Sustainability Victoria is the successor in law to—
(a) the Sustainable Energy Authority Victoria; and
(b) EcoRecycle Victoria.
(2) On and after the relevant day, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Sustainable Energy Authority Victoria or to EcoRecycle Victoria is to be construed as a reference to Sustainability Victoria, unless the contrary intention appears.
22 Arrangements concerning former EcoRecycle Victoria employees
(1) A transferred employee is to be regarded as—
(a) having been employed under Part 3 of the Public Administration Act 2004, with effect from the relevant day; and
(b) being employed from the relevant day by the Secretary; and
(c) having been so employed on the same terms and conditions as those that applied to him or her immediately before the relevant day as an officer or employee of EcoRecycle Victoria; and
(d) having accrued an entitlement to benefits in connection with that employment under Part 3 of the Public Administration Act 2004 that is equivalent to the entitlement that he or she had accrued, as an officer or employee of EcoRecycle Victoria, immediately before the relevant day.
(2) The service of a transferred employee as an employee under Part 3 of the Public Administration Act 2004 is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the relevant day, as an officer or employee of EcoRecycle Victoria.
(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of EcoRecycle Victoria because of the operation of this Part.
(4) A certificate purporting to be signed by the Secretary certifying that a person named in the certificate was, with effect from the relevant day, employed, by virtue of this section, under Part 3 of the Public Administration Act 2004, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.
(5) The superannuation entitlements of a transferred employee are to be taken not to be affected by that person becoming a transferred employee.
(6) Nothing in this section prevents—
(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the relevant day; or
(b) a transferred employee from resigning or being dismissed at any time after that commencement in accordance with the then existing terms and conditions of his or her employment under Part 3 of the Public Administration Act 2004.
Ss 23–26 repealed by No. 29/2011 s. 3(Sch. 1 item 95).
See:
Act No.
40/1990.
Reprint No. 2
as at
1 July 2000
and amending
Act No. 108/2004.
LawToday: www. legislation. vic.gov.au
27 Repeal of the Sustainable Energy Authority Victoria Act 1990
(1) The Sustainable Energy Authority Victoria Act 1990 is repealed.
(2) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the Sustainable Energy Authority Victoria Act 1990 immediately before the relevant day shall under and subject to this Act continue to have the same status, operation and effect as they respectively would have had if this section had not come into operation.
(3) On and after the relevant day, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Sustainable Energy Authority Victoria Act 1990 is to be construed as a reference to the Sustainability Victoria Act 2005, unless the contrary intention appears.
(4) Nothing in this section limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.
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: 11 August 2005
Legislative Council: 13 September 2005
The long title for the Bill for this Act was "to establish Sustainability Victoria as the successor in law to the Sustainable Energy Authority Victoria and EcoRecycle Victoria, to amend the Environment Protection Act 1970, to repeal the Sustainable Energy Authority Victoria Act 1990 and for other purposes."
The Sustainability Victoria Act 2005 was assented to on 20 September 2005 and came into operation as follows:
Sections 1 and 2 on 21 September 2005: section 2(1); rest of Act on 1 October 2005: Government Gazette 29 September 2005 page 2171.
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 Sustainability Victoria Act 2005 by Acts and subordinate instruments.