Summary Offences Regulations 2022 (Vic)

Version No. 001

Summary Offences Regulations 2022

S.R. No. 28/2022

Version as at

10 May 2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definition

5Prescribed days

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Summary Offences Regulations 2022

S.R. No. 28/2022

Version as at

10 May 2022

1Objective

The objective of these Regulations is to prescribe days of religious significance for the purposes of the offence of engaging in sex work at or near certain places in the Summary Offences Act 1966.

2Authorising provision

These Regulations are made under section 61A of the Summary Offences Act 1966.

3Commencement

These Regulations come into operation on 10 May 2022.

4Definition

In these Regulations—

theAct means the Summary Offences Act 1966.

5Prescribed days

(1)For the purposes of section 38B(3)(b) and (4)(b) of the Act, the following days are prescribed days in respect of a place of worship that is a church—

(a)Good Friday;

(b)the Saturday before Easter Sunday;

(c)Easter Sunday;

(d)24 December (Christmas Eve);

(e)25 December (Christmas Day).

(2)For the purposes of section 38B(3)(b) and (4)(b) of the Act, a day that occurs during one of the following periods is a prescribed day in respect of a place of worship that is a mosque—

(a)Ramadan;

(b)Eid ul-Fitr.

(3)For the purposes of section 38B(3)(b) and (4)(b) of the Act, a day that occurs during one of the following periods is a prescribed day in respect of a place of worship that is a synagogue—

(a)Yom Kippur;

(b)Hanukkah.

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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 Summary Offences Regulations 2022, S.R. No. 28/2022 were made on 10 May 2022 by the Governor in Council under section 61A of the Summary Offences Act 1966, No. 7405/1966 and came into operation on 10 May 2022: regulation 3.

The Summary Offences Regulations 2022 will sunset 10 years after the day of making on 10 May 2032 (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

There are no amendments made to the Summary Offences Regulations 2022 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

No entries at date of publication.