Fire Rescue Victoria (Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019) Transitional Regulations 2020 (Vic)

Version No. 001

Fire Rescue Victoria (Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019) Transitional Regulations 2020

S.R. No. 69/2020

Version as at

1 July 2020

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Definitions

5Matters to be dealt with by Fire Rescue Victoria and the Fire Rescue Commissioner

6Integrated Fire Station and Country Fire Authority premises addresses or locations in Schedule 3 to the Act

7Expiry

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Fire Rescue Victoria (Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019) Transitional Regulations 2020

S.R. No. 69/2020

Version as at

1 July 2020

1Objectives

The objectives of these Regulations are—

(a)to provide for the transition of various matters dealt with by the Country Fire Authority or the Chief Officer that are to be continued and finalised by Fire Rescue Victoria or the Fire Rescue Commissioner from 1 July 2020; and

(b)to further provide for addresses in Schedule 3 to the Fire Rescue Victoria Act 1958.

2Authorising provision

These Regulations are made under section 119 of the Fire Rescue Victoria Act 1958.

3Commencement

These Regulations come into operation on 1 July 2020.

4Definitions

In these Regulations—

Chief Officer means the Chief Officer of the Country Fire Authority under the Country Fire Authority Act 1958;

commencement day means 1 July 2020;

the Act means the Fire Rescue Victoria Act 1958.

5Matters to be dealt with by Fire Rescue Victoria and the Fire Rescue Commissioner

(1)This regulation applies to any consent, application, approval, report or function (however described)—

(a)made to, commenced, requested of or undertaken but not completed by the Country Fire Authority or the Chief Officer (as appropriate) immediately before the commencement day; and

(b)that, on and from the commencement day, is in respect of an area that forms part of the Fire Rescue Victoria fire district.

(2)On and from the commencement day, any consent, application, approval, report or function to which this regulation applies must be completed, finalised, prepared, determined or undertaken by Fire Rescue Victoria or the Fire Rescue Commissioner (as appropriate) as if the consent, application, approval, report or function was made to, requested of or was a function of, Fire Rescue Victoria or the Fire Rescue Commissioner.

(3)For the avoidance of doubt, any consent, application, approval, report or function to which this regulation applies includes any matters under any of the following provisions in respect of which the Country Fire Authority or the Chief Officer (as appropriate) has a responsibility, function or obligation that is not completed, finally determined, prepared or undertaken immediately before the commencement day—

(a)regulation 49 of the Dangerous Goods (Storage and Handling) Regulations 2012[1];

(b)regulation 38 of the Dangerous Goods (Explosives) Regulations 2011[2];

(c)regulations 375 and 376 of the Occupational Health and Safety Regulations 2017[3];

(d)regulations 121(c), 129 and 187 of the Building Regulations 2018[4];

(e)section 227E of the Building Act 1993.

6Integrated Fire Station and Country Fire Authority premises addresses or locations in Schedule 3 to the Act

Schedule 3 to the Act applies as if—

(a)a reference to the address in item 15 were a reference to—

"Tarneit

417 Derrimut Road,

Tarneit Victoria

3029"; and

(b)a reference in item 26 to "83–93" were a reference to "85–93"; and

(c)a reference to the address in item 38 were a reference to—

"Wodonga

81 Thomas Mitchell Drive,

Wodonga Victoria 3690"; and

(d)a reference to the address in item 39 were a reference to—

"Morwell

20 Hazelwood Road,

Morwell Victoria 3840".

7Expiry

These Regulations expire on 31 December 2020.

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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 Fire Rescue Victoria (Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019) Transitional Regulations 2020, S.R. No. 69/2020 were made on 30 June 2020 by the Governor in Council under section 119 of the Fire Rescue Victoria Act 1958, No. 6315/1958 and came into operation on 1 July 2020: regulation 3.

The Fire Rescue Victoria (Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019) Transitional Regulations 2020 will expire on 31 December 2020: see regulation 7.

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 Fire Rescue Victoria (Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019) Transitional Regulations 2020 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 5(3)(a): S.R. No. 132/2012 as amended by S.R. Nos 56/2014, 91/2015, 22/2017 and 155/2018.

[2] Reg. 5(3)(b): S.R. No. 37/2011 as amended by S.R. Nos 72/2013, 125/2013, 91/2015, 90/2016, 2/2017, 22/2017 and 155/2018.

[3] Reg. 5(3)(c): S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018 and 71/2019.

[4] Reg. 5(3)(d): S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018, 100/2018, 180/2018, 40/2019, 116/2019, 21/2020 and 42/2020.