Victorian Civil and Administrative Tribunal (Amendment No. 19) Rules 2018 (Vic)

Victorian Civil and Administrative Tribunal (Amendment No. 19) Rules 2018

S.R. No. 18/2018

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Lodgement of application or referral

6Lodgement of other documents by electronic communication

7Address for service of documents

8Authentication of order

9Alternative method of service of documents on party

10Service of process on partners and firms

11Revocation of Rule 5.05

12Clause 1 of Schedule 1

13Clause 5 of Schedule 1

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Endnotes

STATUTORY RULES 2018

S.R. No. 18/2018

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal (Amendment No. 19) Rules 2018

The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:

1Object

The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2008—

(a)to provide for service by way of electronic communication; and

(b)to make minor amendments to the allocation of functions to the legal practice list and the review and regulation list of the administrative division of the Tribunal; and

(c)to make other minor amendments.

2Authorising provisions

These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.

3Commencement

These Rules come into operation on 1 March 2018.

4Principal Rules

In these Rules, the Victorian Civil and Administrative Tribunal Rules 2008[1] are called the Principal Rules.

5Lodgement of application or referral

In Rule 4.05(2) of the Principal Rules, for "electronic transmission" substitute "electronic communication".

6Lodgement of other documents by electronic communication

(1)In the heading to Rule 4.06 of the Principal Rules, for "transmission" substitute "communication".

(2)In Rule 4.06(1) of the Principal Rules, for "electronic transmission" substitute "electronic communication".

7Address for service of documents

In Rule 4.08(4) of the Principal Rules, for "electronic transmissions" substitute "electronic communication".

8Authentication of order

After Rule 4.17(ab) of the Principal Rules insert—

"(ac)affixation of the principal registrar's electronic signature and having the seal of the Tribunal electronically affixed; or".

9Alternative method of service of documents on party

In Rule 4.23 of the Principal Rules, for "electronic transmission" substitute "electronic communication".

10Service of process on partners and firms

(1)In Rule 4.29(b) of the Principal Rules, for "post, facsimile or other electronic transmission" substitute "post".

(2)After Rule 4.29(b) of the Principal Rules insert—

"(ba)sending it by facsimile or other electronic communication to the firm at its last known address for receipt of electronic communication; or".

11Revocation of Rule 5.05

Rule 5.05 of the Principal Rules is revoked.

12Clause 1 of Schedule 1

In Clause 1(1) of Schedule 1 to the Principal Rules, after item 1.1 insert—

"1.1ABusiness Licensing Authority Act 1998;".

13Clause 5 of Schedule 1

(1)In Clause 5(1) of Schedule 1 to the Principal Rules, for item 5.11 substitute—

"5.11Business Franchise (Petroleum Products) Act 1979;".

(2)In Clause 5(1) of Schedule 1 to the Principal Rules, after item 5.15 insert—

"5.15ACongestion Levy Act 2005;".

(3)In Clause 5(1) of Schedule 1 to the Principal Rules, after item 5.22 insert—

"5.22AADuties Act 2000;".

(4)In Clause 5(1) of Schedule 1 to the Principal Rules, after item 5.37 insert—

"5.37ALand Tax Act 2005;".

(5)In Clause 5(1) of Schedule 1 to the Principal Rules, after item 5.50 insert—

"5.50AAPayroll Tax Act 2007;".

(6)In Clause 5(1) of Schedule 1 to the Principal Rules, after item 5.50A insert—

"5.50BPlanning and Environment Act 1987 Part 9B;".

Dated:    21 February 2018

GREG GARDE, President

FRANCES MILLANE, Vice President

MARK DWYER, Deputy President

MARGARET BAIRD, Senior Member

BILL SIBONIS, Member

CRAIG LYNCH, Attorney-General's Nominee

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Endnotes

[1] Rule 4: S.R. No. 65/2008. Reprint No. 4 as at 1 June 2017. Reprinted to S.R. No. 35/2017. Subsequently amended by S.R. No. 110/2017.