Port Management (Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022) Transitional Regulations 2023 (Vic)

Version No. 001

Port Management (Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022) Transitional Regulations 2023

S.R. No. 13/2023

Version as at

1 March 2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Continued application of towage requirements determination for 12 months after repeal of authorising provisions

6Continued operation of towage conditions determinations for 12 months after repeal of authorising provisions

7Continued operation of section 73O for the purpose of the continued operation of towage conditions determination

8Revocation

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Port Management (Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022) Transitional Regulations 2023

S.R. No. 13/2023

Version as at

1 March 2023

1Objective

The objective of these Regulations is to provide for savings and transitional matters arising out of amendments made by the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022 to the Port Management Act 1995 relating to the provision of towage services.

2Authorising provision

These Regulations are made under section 189 of the Port Management Act 1995.

3Commencement

These Regulations come into operation on 1 March 2023.

4Definitions

In these Regulations—

commencement day means 1 March 2023;

the Act means the Port Management Act 1995;

towage conditions determination means a determination made under Division 4 of Part 4A of the Act (as in force from time to time before the commencement day) that was in force immediately before that day;

towage requirements determination means the determination made under Division 2 of Part 4A of the Act and published in General Government Gazette No. G 27 on 7 July 2016 at page 1772 that was in force immediately before the commencement day.

5Continued application of towage requirements determination for 12 months after repeal of authorising provisions

Despite the repeal of Division 2 of Part 4A of the Act by the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, the towage requirements determination continues in effect on and after the commencement day until 1 March 2024.

6Continued operation of towage conditions determinations for 12 months after repeal of authorising provisions

(1)This regulation applies if, immediately before the commencement day, there was in effect a towage conditions determination with which a notified towage services provider had to comply before that day.

(2)Despite the repeal of Division 4 of Part 4A of the Act by the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, the towage conditions determination continues in effect on and after the commencement day until 1 March 2024.

(3)In this regulation—

notified towage services provider means a person who was a notified towage services provider (within the meaning of section 73A of the Act) immediately before the commencement day.

7Continued operation of section 73O for the purpose of the continued operation of towage conditions determination

Despite the repeal of Division 4 of Part 4A of the Act by the Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, section 73O of the Act (as in force immediately before the commencement day) continues in operation on and after that day until 1 March 2024, and for that purpose—

(a)a reference in that section to a notified towage services provider is to be read as a reference to a person who was a notified towage services provider (within the meaning of section 73A of the Act) immediately before the commencement day; and

(b)a reference in that section to a towage conditions determination is a reference to a towage conditions determination to which regulation 6 applies; and

(c)a reference in that section to the Victorian Ports Corporation (Melbourne) is to be read as a reference to Ports Victoria.

8Revocation

These Regulations are revoked on 1 July 2024.

═════════════

Endnotes

1   General information

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

The Port Management (Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022) Transitional Regulations 2023, S.R. No. 13/2023 were made on 28 February 2023 by the Governor in Council under section 189 of the Port Management Act 1995, No. 82/1995 and came into operation on 1 March 2023: regulation 3.

The Port Management (Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022) Transitional Regulations 2023 will be revoked on 1 July 2024: see regulation 8.

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 Port Management (Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022) Transitional Regulations 2023 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

No entries at date of publication.