Constitution Regulations 2018 (Vic)

Version No. 001

Constitution Regulations 2018

S.R. No. 43/2018

Version as at

10 April 2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Prescribed tribunal for purposes of eligibility for membership of Judicial Commission Board or investigating panel

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Constitution Regulations 2018

S.R. No. 43/2018

Version as at

10 April 2018

1Objective

The objective of these Regulations is to prescribe a tribunal of another State or a Territory or a tribunal created by the Parliament of the Commonwealth for the purposes of Divisions 4 and 5 of Part IIIAA of the Constitution Act 1975.

2Authorising provision

These Regulations are made under section 87AAZ of the Constitution Act 1975.

3Prescribed tribunal for purposes of eligibility for membership of Judicial Commission Board or investigating panel

For the purposes of sections 87AAO(2)(a), 87AAQ(1)(f)(i), 87AAS(1)(b)(ii), 87AAS(1)(c)(ii), 87AAS(5), 87AAW(2)(a) and 87AAY(1)(d) of the Constitution Act 1975, the following tribunals are prescribed—

(a)the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975 of the Commonwealth;

(b)the ACT Civil and Administrative Tribunal established under the ACT Civil and Administrative Tribunal Act 2008 of the Australian Capital Territory;

(c)the Northern Territory Civil and Administrative Tribunal established under the Northern Territory Civil and Administrative Tribunal Act of the Northern Territory;

(d)the Civil and Administrative Tribunal of New South Wales established under the Civil and Administrative Tribunal Act 2013 of New South Wales;

(e)the Queensland Civil and Administrative Tribunal established under the Queensland Civil and Administrative Tribunal Act 2009 of Queensland;

(f)the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013 of South Australia;

(g)the State Administrative Tribunal established under the State Administrative Tribunal Act 2004 of Western Australia.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Constitution Regulations 2018, S.R. No. 43/2018 were made on 10 April 2018 by the Governor in Council under section 87AAZ of the Constitution Act 1975, No. 8750/1975 and came into operation on 10 April 2018.

The Constitution Regulations 2018 will sunset 10 years after the day of making on 10 April 2028 (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

There are no amendments made to the Constitution Regulations 2018 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.