Trans-Tasman Mutual Recognition (Victoria) (Temporary Exemption) (Single-Use Plastic Items) Regulations 2022 (Vic)

Version No. 001

Trans-Tasman Mutual Recognition (Victoria) (Temporary Exemption) (Single-Use Plastic Items) Regulations 2022

S.R. No. 108/2022

Version as at

1 February 2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Temporary exemption relating to single-use plastics

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) (Single-Use Plastic Items) Regulations 2022

S.R. No. 108/2022

Version as at

1 February 2023

1    Objective

The objective of these Regulations is to temporarily exempt the provisions in the Environment Protection Regulations 2021 relating to single-use plastic items 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.

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 February 2023.

4Temporary exemption relating to single-use plastics

For the purposes of section 46 of the Commonwealth Act, Division 2 of Part 5.5 of the Environment Protection Regulations 2021[1] is declared to be exempt from the operation of the Commonwealth Act.

5Expiry

These Regulations expire on 31 January 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) (Single-Use Plastic Items) Regulations 2022, S.R. No. 108/2022 were made on 4 October 2022 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 5 of the Trans‑Tasman Mutual Recognition (Victoria) Act 1998, No. 4/1998 and came into operation on 1 February 2023: regulation 3.

The Trans-Tasman Mutual Recognition (Victoria) (Temporary Exemption) (Single-Use Plastic Items) Regulations 2022 will expire on 31 January 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) (Single-Use Plastic Items) Regulations 2022 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4: S.R. No. 47/2021 as amended by S.R. Nos 82/2021, 92/2021, 123/2021, 131/2021, 132/2021 and 85/2022.