Guardianship and Administration (Fees) Transitional Regulations 2020 (Vic)

Version No. 001

Guardianship and Administration (Fees) Transitional Regulations 2020

S.R. No. 11/2020

Version as at

28 February 2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Saving of Guardianship and Administration (Fees) Regulations 2019

6Expiry

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Guardianship and Administration (Fees) Transitional Regulations 2020

S.R. No. 11/2020

Version as at

28 February 2020

1Objective

The objective of these Regulations is to provide for the continued operation of the Guardianship and Administration (Fees) Regulations 2019 made under the Guardianship and Administration Act 1986 despite the repeal of that Act.

2Authorising provision

These Regulations are made under section 195 of the Guardianship and Administration Act 2019.

3Commencement

These Regulations come into operation on 28 February 2020.

4Definitions

In these Regulations—

new Act means the Guardianship and Administration Act 2019;

old Actmeans the Guardianship and Administration Act 1986.

5Saving of Guardianship and Administration (Fees) Regulations 2019

Despite the repeal of the old Act, the Guardianship and Administration (Fees) Regulations 2019[1] made under that Act as in force immediately before that Act's repeal—

(a)continue in force (except insofar as they are inconsistent with the new Act) as if they had been made under the new Act; and

(b)may be amended or revoked as if they had been made under the new Act.

6Expiry

These Regulations expire on 28 February 2022.

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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 Guardianship and Administration (Fees) Transitional Regulations 2020, S.R. No. 11/2020 were made on 25 February 2020 by the Governor in Council under section 195 of the Guardianship and Administration Act 2019, No. 13/2019 and came into operation on 28 February 2020: regulation 3.

The Guardianship and Administration (Fees) Transitional Regulations 2020 will expire on 28 February 2022: see regulation 6.

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 Guardianship and Administration (Fees) 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: S.R. No. 101/2019.