Court Security Regulations 2015 (Vic)

Version No. 002

Court Security Regulations 2015

S.R. No. 89/2015

Version incorporating amendments as at

1 July 2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Prescribed courts

6Prescribed clerks

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Court Security Regulations 2015

S.R. No. 89/2015

Version incorporating amendments as at

1 July 2016

1Objective

The objective of these Regulations is to prescribe for the purposes of the Court Security Act 1980—

(a)various tribunals, bodies and persons as a court; and

(b)persons who hold particular offices as a clerk.

2Authorising provision

These Regulations are made under section 6 of the Court Security Act 1980.

3Commencement

These Regulations come into operation on 25 July 2015.

4Revocation

The following Regulations are revoked—

(a)Court Security Regulations 2004[1];

(b)Court Security (Amendment) Regulations 2007[2];

(c)Court Security Amendment Regulations 2010[3];

(d)Court Security Amendment Regulations 2013[4].

5Prescribed courts

For the purposes of paragraph (h) of the definition of court in section 2(1) of the Court Security Act 1980, each of the following tribunals, bodies or persons is prescribed—

(a)the Chief Examiner and Examiner under the Major Crime (Investigative Powers) Act 2004;

(b)the Firearms Appeals Committee;

(c)the Independent Broad-based Anti‑corruption Commission;

(d)the Mental Health Tribunal;

(e)a Royal Commission established under the Inquiries Act 2014 or under the Royal prerogative of the Crown;

(f)the Victorian Inspectorate.

6Prescribed clerks

For the purposes of paragraph (d) of the definition of clerk in section 2(1) of the Court Security Act 1980, each of the following persons is prescribed—

(a)in the case of the Victims of Crime Assistance Tribunal, the principal registrar of the Victims of Crime Assistance Tribunal;

(b)in the case of VCAT, the principal registrar of VCAT;

(c)in the case of the Chief Examiner and Examiner under the Major Crime (Investigative Powers) Act 2004, the Officer in Charge, Office of Chief Examiner;

(d)in the case of the Firearms Appeals Committee, the Secretary of the Firearms Appeals Committee;

(e)in the case of the Independent Broad‑based Anti-corruption Commission, the Commissioner, Independent Broad-based Anti‑corruption Commission;

(f)in the case of the Mental Health Tribunal, the executive officer of the Mental Health Tribunal;

(g)in the case of a Royal Commission established under the Inquiries Act 2014 or under the Royal prerogative of the Crown, the Commissioner or, if there is more than one Commissioner, the Chairperson of the Royal Commission;

(h)in the case of the Victorian Inspectorate, the Inspector, Victorian Inspectorate.

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Endnotes

1   General information

The Court Security Regulations 2015, S.R. No. 89/2015 were made on 14 July 2015 by the Governor in Council under section 6 of the Court Security Act 1980, No. 9499/1980 and came into operation on 25 July 2015: regulation 3.

The Court Security Regulations 2015 will sunset 10 years after the day of making on 14 July 2025 (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 Court Security Regulations 2015 by statutory rules, subordinate instruments and Acts.

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Court Security Amendment Regulations 2016, S.R. No. 74/2016

Date of Making:	28.6.16
Date of Commencement:	1.7.16: reg. 3

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3   Amendments Not in Operation

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

4   Explanatory details

[1] Reg. 4(a): S.R. No. 95/2004 as amended by S.R. Nos 87/2007, 85/2010 and 13/2013.

[2] Reg. 4(b): S.R. No. 87/2007.

[3] Reg. 4(c): S.R. No. 85/2010.

[4] Reg. 4(d): S.R. No. 13/2013.