Mutual Recognition (Victoria) Act 1998 (Vic)

Version No. 006

Mutual Recognition (Victoria) Act 1998

No. 62 of 1998

Version incorporating amendments as at

1 July 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Mutual recognition

3Definition

4Adoption of Commonwealth Act

5Regulations for temporary exemptions for goods

6Termination of adoptions

6AEffect of termination of adoption under section 4(2) before termination of adoption under section 4(1)

7Transitional

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 006

Mutual Recognition (Victoria) Act 1998

No. 62 of 1998

Version incorporating amendments as at

1 July 2021

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1Purpose

The main purpose of this Act is to continue the adoption of the Mutual Recognition Act 1992 of the Commonwealth.

2Commencement

(1)This Part, section 8 and Part 3 come into operation on the day on which this Act receives the Royal Assent.

(2)Part 2 (except section 8) is deemed to have come into operation on 1 July 1998.

Part 2—Mutual recognition

3Definition

In this Part—

Commonwealth Act means the Mutual Recognition Act 1992 of the Commonwealth.

4Adoption of Commonwealth Act

(1)The Commonwealth Act, as originally enacted and as amended by regulations made before the enactment of the Mutual Recognition (Victoria) Act 1993, is adopted within the meaning of section 51(xxxvii) of the Commonwealth of Australia Constitution.

(2)Without limiting subsection (1), the amendments made to the Commonwealth Act, by the Mutual Recognition Amendment Act 2021 of the Commonwealth, are adopted under section 51(xxxvii) of the Constitution of the Commonwealth.

(3)Each adoption under this section terminates at the end of the day fixed under section 6 as the day on which that adoption is to terminate.

5Regulations for temporary exemptions for goods

Without limiting any other power under any other Act, the Governor in Council may make regulations for the purposes mentioned in section 15 of the Commonwealth Act as adopted.

6Termination of adoptions

(1)The Governor in Council, by proclamation published in the Government Gazette, may fix a day as the day on which—

(a)the adoption, under section 4(1), of the provisions of the Commonwealth Act referred to in section 4(1) terminates; or

(b)the adoption, under section 4(2), of the provisions of the Commonwealth Act, referred to in section 4(2), terminates.

(2)The Governor in Council, by proclamation published in the Government Gazette, may revoke a proclamation published under subsection (1), in which case the revoked proclamation, for the purposes of section 4, is taken never to have been published.

(3)A revoking proclamation has effect only if published before the day fixed under subsection (1).

(4)The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.

6AEffect of termination of adoption under section 4(2) before termination of adoption under section 4(1)

If the adoption under section 4(2) terminates before the adoption under section 4(1), the termination of the adoption under section 4(2) does not affect the continued operation in the State of the provisions of the Commonwealth Act referred to in section 4(1).

7Transitional

Anything done or purporting to have been done after the expiry of the Mutual Recognition (Victoria) Act 1993 and before the enactment of this Act is deemed to have, and always to have had, the same effect as it would have had if the Mutual Recognition (Victoria) Act 1993 had not expired.

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Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 3 September 1998

Legislative Council: 7 October 1998

The long title for the Bill for this Act was "to continue the adoption of the Mutual Recognition Act 1992 of the Commonwealth, to amend the Trans‑Tasman Mutual Recognition (Victoria) Act 1998 and certain other Acts and for other purposes."

The Mutual Recognition (Victoria) Act 1998 was assented to on 27 October 1998 and came into operation as follows:

Part 1 (sections 1, 2), section 8 and Part 3 (sections 9, 10) on 27 October 1998: section 2(1); rest of Act on 1 July 1998: section 2(2).

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection 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 an Act 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 an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Mutual Recognition (Victoria) Act 1998 by Acts and subordinate instruments.

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Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 38) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Mutual Recognition (Victoria) Act 1998

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 35) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Mutual Recognition (Victoria) Act 1998

Mutual Recognition (Victoria) Amendment Act 2021, No. 25/2021

Assent Date:	28.6.21
Commencement Date:	Ss 3, 4 on 1.7.21: Special Gazette (No. 346) 29.6.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Mutual Recognition (Victoria) Act 1998

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3   Amendments Not in Operation

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

4   Explanatory details

No entries at date of publication.