Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021 (Vic)
Version No. 001
Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021
S.R. No. 141/2021
Version as at
29 November 2021
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Definitions
5Functions and powers that may be exercised by an officer
6Reconstruction of certain references
Schedule 1—Functions and powers that may be exercised by officers
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021
S.R. No. 141/2021
Version as at
29 November 2021
1Objective
The objective of these Regulations is to prescribe functions and powers of the principal registrar of VCAT that may be exercised by the principal registrar and registrars of the Magistrates' Court, and ancillary matters, in relation to substituted proceedings under Part 3A of the Victorian Civil and Administrative Tribunal Act 1998.
2Authorising provision
These Regulations are made under section 161 of the Victorian Civil and Administrative Tribunal Act 1998.
3Commencement
These Regulations come into operation on 29 November 2021.
4Definitions
In these Regulations—
officer means a magistrate, judicial registrar, registrar or other staff appointed under the Magistrates' Court Act 1989, acting in that capacity;
principal registrar of the Magistrates' Court has the same meaning as principal registrar has in section 3(1) of the Magistrates' Court Act 1989;
principal registrar of VCAT means the principal registrar employed under section 32(1)(a) of the Act;
registrar of the Magistrates' Court has the same meaning as registrar has in section 3(1) of the Magistrates' Court Act 1989;
the Actmeans the Victorian Civil and Administrative Tribunal Act 1998.
5Functions and powers that may be exercised by an officer
(1)For the purposes of Part 3A of the Act, a function or power of the principal registrar of VCAT under a provision of the Act or an enabling enactment specified in column 1 of Schedule 1 may be exercised by an officer specified in column 3 of that Schedule, subject to any qualification set out in that column.
(2)The descriptions in column 2 of Schedule 1 are inserted for reference only and do not affect the operation of these Regulations.
6Reconstruction of certain references
(1)In a section of the Act or an enabling enactment specified in subregulation (2), a reference to "principal registrar" in that section includes the principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court for the purpose of, or in relation to, the exercise of a function or power under a provision specified in Schedule 1.
(2)For the purposes of subregulation (1), the following sections are specified—
(a)sections 333(1)(c), 346(a), 348(1), 349(b), 486(a)(i), 498ZZJ(1)(c) and 498ZZM(a) of the Residential Tenancies Act 1997;
(b)section 128(c) of the Supported Residential Services (Private Proprietors) Act 2010.
Schedule 1—Functions and powers that may be exercised by officers
|
| Column 1 Provision of Act or enabling enactment | Column 2
| Column 3
|
| ResidentialTenancies Act 1997 | |||
| 1. | s. 351(1) | Issue a warrant of possession | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
| 2. | s. 355(1)(d) | Sign a warrant of possession | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
| 3. | s. 359 | Notification to sheriff after a warrant of possession is returned | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
| 4. | s. 498ZZP(1) | Issue a warrant of possession (specialist disability accommodation) | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
| 5. | s. 498ZZR(1)(d) | Sign a warrant of possession | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
| Supported Residential Services (Private Proprietors) Act 2010 | |||
| 6. | s. 129(1) | Issue a warrant to remove resident | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
| Victorian Civil and Administrative Tribunal Act 1998 | |||
| 7. | Schedule 1, clause 16(1) | Notification to the Victorian Equal Opportunity and Human Rights Commission of application under section 121 of the Equal Opportunity Act 2010 for an interim order | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
| 8. | Schedule 1, clause 72(1) | Required referral of application under the Residential Tenancies Act1997 for investigation and report by the Director | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
| 9. | Schedule 1, clause 72(2) | At request of a party, referral of application under the Residential Tenancies Act1997 for investigation and report by the Director | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
| 10. | Schedule 1, clause 72A | Notification to Residential Tenancies Bond authority of an order made under section 420B of the Residential Tenancies Act1997 or the withdrawal of an application made under section 419A of that Act | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
| 11. | Schedule 1, clause 73 | Amendment of application in a proceeding under the Residential Tenancies Act1997 before it is heard | Principal registrar of the Magistrates' Court or a registrar of the Magistrates' Court. |
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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 Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021, S.R. No. 141/2021 were made on 23 November 2021 by the Governor in Council under section 161 of the Victorian Civil and Administrative Tribunal Act 1998, No. 53/1998 and came into operation on 29 November 2021: regulation 3.
The Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021 will sunset 10 years after the day of making on 23 November 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
There are no amendments made to the Victorian Civil and Administrative Tribunal (Federal Jurisdiction Matters) Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
No entries at date of publication.
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