Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021 (Vic)

Version No. 002

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021

S.R. No. 164/2021

Version incorporating amendments as at

12 December 2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Revocation

4Definition

5Prescribed public entities

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 002

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021

S.R. No. 164/2021

Version incorporating amendments as at

12 December 2023

1Objective

The objective of these Regulations is to prescribe public entities for the purposes of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

2Authorising provision

These Regulations are made under section 44 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

3Revocation

The Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2019[1] are revoked.

4Definition

In these Regulations—

the Act means the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

5Prescribed public entities

(1)For the purposes of the Act, every public entity is a prescribed public entity except for the following—

(a)a public hospital, multi purpose service or public health service within the meaning of the Health Services Act 1988;

(b)an ambulance service within the meaning of the Ambulance Services Act 1986;

(c)the Victorian Institute for Forensic Mental Health continued under section 328 of the Mental Health Act 2014;

(d)a school council within the meaning of the Education and Training Reform Act 2006;

(da)SEC Victoria Pty Ltd ACN 670 408 116;

(db)a subsidiary of SEC Victoria Pty Ltd ACN 670 408 116;

(e)a committee of management (whether incorporated or unincorporated) appointed under section 14(1) or (2) of the Crown Land (Reserves) Act 1978 that—

(i)consists of members appointed under section 14(4)(a) of that Act; and

(ii)has an annual income not exceeding $1 000 000.

(2)For the avoidance of doubt, the Government teaching service under Part 2.4 of the Education and Training Reform Act 2006 is not a prescribed public entity under these Regulations.

Note

A public entity is defined in section 3 of the Act to have the same meaning as it has in the Public Administration Act 2004.

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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 Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021, S.R. No. 164/2021 were made on 14 December 2021 by the Governor in Council under section 44 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019 and came into operation on 14 December 2021.

The Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021 will sunset 10 years after the day of making on 14 December 2031.

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

This publication incorporates amendments made to the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021 by statutory rules, subordinate instruments and Acts.

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Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Amendment Regulations 2023, S.R. No. 131/2023

Date of Making:	12.12.23
Date of Commencement:	12.12.23

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3   Explanatory details

[1] Reg. 3: S.R. No. 65/2019.