Subordinate Legislation (Legislative Instruments) Regulations 2011 (Vic)

Legislation au Victorian Legislation - Statutory Instruments (VICLegSI) V I C T O R I A N L E G I S L A T I O N

Legislation content

Version No. 016

Subordinate Legislation (Legislative Instruments) Regulations 2011

S.R. No. 52/2011

Version incorporating amendments as at


29 March 2021

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provisions

3Commencement

4Definitions

5Instruments prescribed not to be legislative instruments

6Instruments prescribed to be legislative instruments

7Exempt legislative instruments

8Emergency Management Act 2013—exempt instruments

9Emergency Management Act 1986—exempt instruments

Schedules

Schedule 1—Instruments prescribed not to be legislative instruments

Schedule 2—Instruments prescribed to be legislative instruments

Schedule 3—Exempt legislative instruments

═══════════════

Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 016

Subordinate Legislation (Legislative Instruments) Regulations 2011

S.R. No. 52/2011

Version incorporating amendments as at


29 March 2021

1Objectives

The objectives of these Regulations are—

(a)to prescribe instruments to be legislative instruments for the purposes of the Subordinate Legislation Act 1994;

(b)to prescribe instruments which are not to be legislative instruments for the purposes of that Act;

(c)to exempt certain legislative instruments from the operation of certain provisions of that Act.

2Authorising provisions

These Regulations are made under sections 4A and 28 of the Subordinate Legislation Act 1994.

3Commencement

(1)These Regulations, except items 22.8, 22.9 and 41.1 of Schedule 1, come into operation on 1 July 2011.

(2)Items 22.8 and 22.9 of Schedule 1 come into operation on the day on which section 51 of the Gambling Regulation Further Amendment Act 2009 comes into operation.

(3)Item 41.1 of Schedule 1 comes into operation on the day on which section 37 of the Pollution of Waters by Oil and Noxious Substances Act 1986 comes into operation.

4Definitions

In these Regulations—

exempt legislative instrument means a legislative instrument specified in Schedule 3;

the Act means the Subordinate Legislation Act 1994.

5Instruments prescribed not to be legislative instruments

For the purposes of paragraph (h) of the definition of legislative instrument in section 3(1) of the Act, an instrument specified in an item in Schedule 1 is a prescribed instrument.

Note

Paragraph (g) of the definition of legislative instrument in section 3(1) of the Act provides that an instrument of purely administrative character is not a legislative instrument. Section 3(2) of the Act provides a non-exhaustive list of instruments which are of purely administrative character for the purposes of the Act.

6Instruments prescribed to be legislative instruments

(1)For the purposes of section 4A(1)(b) of the Act, an instrument specified in an item in Schedule 2 is prescribed to be a legislative instrument for the purposes of the Act.

(2)If the authorising Act of an instrument specified in an item in Schedule 2 provides that the instrument is a statutory rule for the purposes of Part 5 of the Act or a specified section of that Part of the Act, that instrument is exempt from complying with Part 5A of the Act.

7Exempt legislative instruments

For the purposes of section 4A(1)(c) of the Act, a legislative instrument specified in an item in Schedule 3 is exempt from the operation of…

Continue reading Subordinate Legislation (Legislative Instruments) Regulation...

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.