COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Amendment Regulations 2020 (Vic)

COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Amendment Regulations 2020

S.R. No. 118/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Amendment of objective

5New Part 4A inserted

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Endnotes

STATUTORY RULES 2020

S.R. No. 118/2020

COVID-19 Omnibus (Emergency Measures) Act 2020

COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Amendment Regulations 2020

The Governor in Council, on the recommendation of the Attorney-General, makes the following Regulations:

Dated: 20 October 2020

Responsible Minister:

JILL HENNESSY
Attorney-General

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 to modify the application of the provisions in the Local Government Act 2020 to provide for service and attendance by audio visual link and related matters.

2Authorising provision

These Regulations are made under section 4 of the COVID-19 Omnibus (Emergency Measures) Act 2020.

3Commencement

These Regulations come into operation on 24 October 2020.

4Amendment of objective

After regulation 1(c) of the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020[1] insert—

"(ca)the Local Government Act 2020; and".

5New Part 4A inserted

After Part 4 of the COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 insert—

'Part 4A—Modification of application of provisions of Local Government Act 2020

Division 1—Preliminary

26AMeanings given by the Local Government Act 2020 apply

Expressions used in this Part have the same meanings as they have in the Local Government Act 2020.

Division 2—Provision and service of documents

26BPowers of the Chief Municipal Inspector

Section 183 of the Local Government Act 2020 applies as if, after subsection (6) of that section there were inserted—

"(6A)If subsection (6) applies to a document, the Chief Municipal Inspector may provide the document by secure electronic means to any person who would be entitled to inspect the document if it were not in the Chief Municipal Inspector's possession.

(6B)A person provided with a document under subsection (6A) must—

(a)destroy the document as soon as practicable after inspecting the document; and

(b)advise the Chief Municipal Inspector in writing that the inspection of the document has been completed and that the document has been destroyed.".

26CService of documents

(1)Section 193 of the Local Government Act 2020 applies as if, in subsection (8) of that section, for "section 315" there were substituted "subsection (9)".

(2)Section 193 of the Local Government Act 2020 applies as if, after subsection (8) there were inserted—

"(9)For the purposes of this section and section 194, a confidentiality notice or a notice cancelling a confidentiality notice may be served on a natural person by—

(a)serving a copy of the document on the person personally; or

(b)sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

(c)delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

(d)sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(e)leaving a copy of the document for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person apparently employed at that place and who is apparently at least 18 years of age; or

(f)delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(g)delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.

(10)For the purposes of subsection (9), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of another person.

(11)For the purposes of subsection (9)(c) and (g), the receipt of a document may be confirmed by any form of electronic communication.".

(3)Section 194 of the Local Government Act 2020 applies as if, in subsection (4) of that section, for "section 315" there were substituted "section 193(9)".

Division 3—Appearance

26DPowers of the Chief Municipal Inspector

(1)Section 183 of the Local Government Act 2020 applies as if, after subsection (3) of that section there were inserted—

"(3A)A notice under subsection (3) may specify that an appearance required under the notice is to be by means of audio visual link or audio link and in a specified manner.

(3B)A notice under subsection (3) that provides for appearance as described in subsection (3A)—

(a)need not specify a place for the appearance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

(2)Section 183 of the Local Government Act 2020 applies as if, after subsection (7) of that section there were inserted—

"(7A)For the purposes of subsection (7), if a person appearing before the Chief Municipal Inspector is represented by another person (the representative), the representative may appear by means of audio visual link or audio link.".

26EAct applies equally to attendance in person or by audio or audio visual link

(1)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Local Government Act 2020 that—

(a)is a Justice Act provision; and

(b)applies in relation to an appearance required under section 183(3)—

applies in relation to the appearance by audio visual link or audio link in the same way that it applies in relation to an appearance in person.

(2)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Local Government Act 2020 that—

(a)is a Justice Act provision; and

(b)applies in relation to the production of documents required under section 183(3)—

applies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person.'.

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Endnotes

[1] Reg. 4: S.R. No. 38/2020.