Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016 (Vic)

Version No. 001

Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016

S.R. No. 37/2016

Version as at

3 May 2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Classes of awards of damages excluded from Part VB

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016

S.R. No. 37/2016

Version as at

3 May 2016

1Objective

The objective of these Regulations is to exclude awards of damages for dust and tobacco-related diseases from the operation of Part VB of the Wrongs Act 1958.

2Authorising provision

These Regulations are made under section 28K of the Wrongs Act 1958.

3Commencement

These Regulations come into operation on 3 May 2016.

4Revocation

The Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2006[1] are revoked.

5Classes of awards of damages excluded from Part VB

(1)The following classes of awards of damages are excluded from the operation of Part VB of the Wrongs Act 1958 to the extent that they are not already excluded—

(a)an award of damages in respect of an injury that is a dust-related condition within the meaning of the Administration and Probate Act 1958;

(b)an award of damages in respect of an injury resulting from smoking or other use of tobacco products, within the meaning of the Tobacco Act 1987, or exposure to tobacco smoke.

(2)Despite subregulation (1), these Regulations do not affect the operation of section 28ID(1) of the Wrongs Act 1958 in relation to an award of damages in respect of an injury of a kind referred to in subregulation (1).

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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 Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016, S.R. No. 37/2016 were made on 3 May 2016 by the Governor in Council under section 28K of the Wrongs Act 1958, No. 6420/1958 and came into operation on 3 May 2016: regulation 3.

The Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016 will sunset 10 years after the day of making on 3 May 2026 (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 Wrongs (Part VB) (Dust and Tobacco-Related Claims) Regulations 2016 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 47/2006.