Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations 2021 (Vic)

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Version No. 002

Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations 2021

S.R. No. 133/2021

Version incorporating amendments as at


29 May 2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Transferred identity verification functions

Schedule 1—Transferred identity verification functions

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 002

Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations 2021

S.R. No. 133/2021

Version incorporating amendments as at


29 May 2024

1Objective

The objective of these Regulations is to prescribe identity verification functions that are transferred to the Service Victoria CEO under the Service Victoria Act 2018.

2Authorising provision

These Regulations are made under section 58 of the Service Victoria Act 2018.

3Commencement

These Regulations come into operation on 1 November 2021.

4Definitions

In these Regulations—

Business Licensing Authority has the same meaning as Authority has in the Business Licensing Authority Act 1998;

the Act means the Service Victoria Act 2018.

5Transferred identity verification functions

For the purposes of section 10(5) of the Act, an identity verification function set out in the table in Schedule 1 is a transferred identity verification function.

Note

A transferred identity verification function is to be performed by the Service Victoria CEO as a transferred identity verification function (see section 10(5) of the Act) on and from the commencement date set out in regulation 3.

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SCHEDULE 1—TRANSFERRED IDENTITY VERIFICATION FUNCTIONS

Regulation 5

Column 1



Item number

Column 2


Transferred identity verification function

Column 3

Service agency from which function is transferred

1 Collecting identity information provided with an application for registration as a professional engineer (or for registration in an additional area of engineering) under section 10 of the Professional Engineers Registration Act 2019 (whether or not the application is concurrent with an application for endorsement under section 11), and verifying the applicant's identity, if the application is made by input into an Internet site or mobile application maintained for that purpose. Business Licensing Authority
2 Collecting identity information provided with an application for endorsement of registration under section 11 of the Professional Engineers Registration Act 2019, and verifying the applicant's identity, if the application is made by input into an Internet site or mobile application maintained for that purpose. Business Licensing Authority
3 Collecting identity information for the purposes of section 13(a)(i) and (ii) of the Professional Engineers Registration Act 2019, and verifying the applicant's identity, if the information is collected from input into an Internet site or Business Licensing Authority
mobile application maintained for that purpose.
4 Collecting identity information for the purposes of section 14(1)(c) of the Professional Engineers Registration Act 2019, and verifying the applicant's identity, if the information is collected from input into an Internet site or mobile application maintained for that purpose. Business Licensing Authority
5 Collecting identity information provided with an application to renew a registration as a professional engineer under section 20 of the Professional Engineers Registration Act 2019 (whether or not the application is also to renew a related endorsement), and verifying the applicant's identity, if the application is made by input into an Internet site or mobile application maintained for that purpose. Business Licensing Authority

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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 Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations 2021, S.R. No. 133/2021 were made on 26 October 2021 by the Governor in Council under section 58 of the Service Victoria Act 2018, No. 14/2018 and came into operation on 1 November 2021: regulation 3.

The Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations 2021 will sunset 10 years after the day of making on 26 October 2031 (see section 5 of the Subordinate Legislation Act 1994).

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

This publication incorporates amendments made to the Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations 2021 by statutory rules, subordinate instruments and Acts.

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Service Victoria (Miscellaneous) Amendment Regulations 2024, S.R. No. 38/2024

Date of Making: 28.5.24
Date of Commencement: Regs 18–20 on 29.5.24: reg. 3

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3   Explanatory details

No entries at date of publication.

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