Trans-Tasman Mutual Recognition (Victoria) (Temporary Exemption) (Container Deposit Scheme) Regulations 2023 (Vic)

Version No. 001

Trans-Tasman Mutual Recognition (Victoria) (Temporary Exemption) (Container Deposit Scheme) Regulations 2023

S.R. No. 108/2023

Version as at

1 November 2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Temporary exemption relating to the container deposit scheme

5Expiry

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Trans-Tasman Mutual Recognition (Victoria) (Temporary Exemption) (Container Deposit Scheme) Regulations 2023

S.R. No. 108/2023

Version as at

1 November 2023

1Objective

The objective of these Regulations is to temporarily exempt the following provisions relating to the container deposit scheme from the operation of the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth as adopted by the Trans-Tasman Mutual Recognition (Victoria) Act 1998—

(a)Part 6 of the Circular Economy (Waste Reduction and Recycling) Act 2021;

(b)the Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022.

2Authorising provision

These Regulations are made under section 5 of the Trans-Tasman Mutual Recognition (Victoria) Act 1998.

3Commencement

These Regulations come into operation on 1 November 2023.

4Temporary exemption relating to the container deposit scheme

For the purposes of section 46 of the Trans‑Tasman Mutual Recognition Act 1997 of the Commonwealth, the following provisions are declared to be exempt from the operation of that Act—

(a)Part 6 of the Circular Economy (Waste Reduction and Recycling) Act 2021;

(b)the Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022[1].

5Expiry

These Regulations expire on 31 October 2024.

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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 Trans-Tasman Mutual Recognition (Victoria) (Temporary Exemption) (Container Deposit Scheme) Regulations 2023, S.R. No. 108/2023 were made on 24 October 2023 by the Governor in Council under section 5 of the Trans-Tasman Mutual Recognition (Victoria) Act 1998, No. 4/1998 and came into operation on 1 November 2023: regulation 3.

The Trans-Tasman Mutual Recognition (Victoria) (Temporary Exemption) (Container Deposit Scheme) Regulations 2023 will expire on 31 October 2024: see regulation 5.

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 Trans-Tasman Mutual Recognition (Victoria) (Temporary Exemption) (Container Deposit Scheme) Regulations 2023 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4(b): S.R. No. 94/2022 as amended by S.R. Nos 78/2023 and 91/2023.