Mutual Recognition (Victoria) Amendment Act 2021 (Vic)

Mutual Recognition (Victoria) Amendment Act 2021

No. 25 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Mutual Recognition (Victoria) Act 1998

3Adoption of Commonwealth Act

4Section 6 substituted

Part 3—Repeal of this Act

5Repeal of this Act

═════════════

Endnotes

1      General information

Mutual Recognition (Victoria) Amendment Act 2021

No. 25 of 2021

[Assented to 28 June 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are to amend the Mutual Recognition (Victoria) Act 1998—

(a)to adopt the amendments made to the Mutual Recognition Act 1992 of the Commonwealth by the Mutual Recognition Amendment Act 2021 of the Commonwealth; and

(b)to make related amendments.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

Part 2—Amendment of Mutual Recognition (Victoria) Act 1998

3Adoption of Commonwealth Act

For section 4(2) of the Mutual Recognition (Victoria) Act 1998 substitute—

"(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.".

4Section 6 substituted

For section 6 of the Mutual Recognition (Victoria) Act 1998 substitute—

"6   Termination 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).".

Part 3—Repeal of this Act

5Repeal of this Act

This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═════════════

Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 26 May 2021

Legislative Council: 22 June 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Mutual Recognition (Victoria) Act 1998 to adopt the amendments made to the Mutual Recognition Act 1992 of the Commonwealth by the Mutual Recognition Amendment Act 2021 of the Commonwealth and to make related amendments."