Annual Review 2003, Regulations 2003
May 2004

Regulation

Minister

Issue

SR 3 – Subordinate Legislation (Court Reporting (Fees) Regulations 1992 – Extension of Operation) Regulations 2003

Attorney-General

Extension of Operation – section 8(1)(d)(iii) – Regulations excepted under wrong certificate – should have been section 8(1)(d)(iii) not 8(1)(b)

SR 5 – Subordinate Legislation (Police (Charges) Regulations 1992 – Extension of Operation) Regulations 2003

Minister for Police and Emergency Services

Extension of Operation – section 8(1)(d)(iii) – “Special circumstances” – Administrative convenience not sufficient reason

SR 8 – Magistrates’ Court General (PERIN Court) Regulations 2003

Attorney-General

Incorrect use of section 9(1)(a) exemption – If regulations are fundamentally declaratory then 9 (1)(c) is more appropriate exemption

SR 15 – Subordinate Legislation (Occupational Health and Safety (Noise) Regulations 1992 – Extension of Operation) Regulations 2003

Minister for WorkCover

Extension of Operation – section 8(1)(d)(iii) – “Special circumstances” – Administrative convenience not sufficient reason

SR 16 – Occupational Health and Safety (Asbestos) Regulations 2003

Minister for WorkCover

Consultation – Need to give proper consideration to issues raised by submissions and give appropriate response

SR 22 – Fisheries (Fees, Levies and Royalties) Regulations 2003

Minister for Agriculture

Failure to advertise RIS in Government Gazette – Inadvertent failure – Importance of compliance with the Act

SR 25 – Fisheries (Commercial Abalone) Regulations 2003

Minister for Agriculture

Consultation – Criticism of RIS – need to give proper consideration to issues raised by submissions and give appropriate response

SR 29 – Zoological Parks and Gardens Regulations 2003

Minister for Environment

Fee increases – RIS – Clarification of fee structure – Impact on some groups in community

SR 63 – Liquor Control Reform (Prohibited Class of Liquor) Regulations 2003

Minister for Consumer Affairs

Section 11(3) – Requirement to consider all submissions – Failure to respond to submissions

SR 72 – Electricity Safety (Bushfire Mitigation) Regulations 2003

Minister for Energy Industries

Sighting of material incorporated by reference – Has such material been scrutinised?

SR 74 – National Parks (Park) Regulations 2003

Minister for Environment

Clarification of operation of provision – How does provision work in practice? – Failure to advertise RIS in Government Gazette – Inadvertent failure – Importance of compliance with the Act

SR 79 – Building (Application of Siting Requirements) Regulations 2003

Minister for Planning

Section 9(1)(a) – Appreciable burden – Clarification as to reasons for exemption from RIS process – details required of consultation

SR 80 – Land Tax (Amendment) Regulations 2003

The Treasurer

Sections 11(1)(a) and (b) – Compliance with consultation and advertising requirements – When are notices published? (also failure to send s 6 certificate of consultation)

SR 84 – Firearms (Handgun Control) Regulations 2003

Minister for Police and Emergency Services

Increase in fees above 3% – Administrative ease and convenience not sufficient – Pre-empt RIS process or “interim arrangements”

SR 89 – Fair Trading (Safety Standard)(Bunk Beds)(Amendment) Regulations 2003

Minister for Consumer Affairs

General inquiry – width of exemption contained in regulations – Sighting of material incorporated by reference – Has such material been scrutinised?

SR 98 – Electricity Safety (Equipment Efficiency)(Amendment) Regulations 2003

Minister for Energy Industries

Sighting of material incorporated by reference – Has such material been scrutinised?

SR 90 – Co-operatives (Fees) Regulations

Minister for Consumer Affairs

Sections 11(1)(a) and (b) – Compliance with consultation and advertising requirements – When were they advertised?

SR 91– Partnerships (Limited Partnerships) Regulations 2003

Minister for Consumer Affairs

Sections 11(1)(a) and (b) – Compliance with consultation and advertising requirements – When were they advertised?

SR 92 – Business Names Regulations 2003

Minister for Consumer Affairs

Sections 11(1)(a) and (b) – Compliance with consultation and advertising requirements – When were they advertised?

SR 93 – Associations Incorporation (Fees) Regulations

Minister for Consumer Affairs

Sections 11(1)(a) and (b) – Compliance with consultation and advertising requirements – When were they advertised?

State Environment Protection Policy (Waters of Victoria)

Chairman – Environment Protection Authority

When was the SEPP tabled? Review is dependent upon tabling of document

SR 117 – Control of Weapons (Amendment) Regulations

Minister for Police and Emergency Services

Substantial failure to comply with RIS processes – No cost/benefit analysis, undated certificates, consideration of submissions made in response to RIS, when was it advertised?

SR 118 – Firearms (Search Powers) Regulations 2003

Minister for Police and Emergency Services

Substantial failure to comply with RIS processes – No cost/benefit analysis, consideration of submissions made in response to RIS, when was it advertised?

SR 121 – Occupational Health and Safety (Prevention of Falls) Regulations 2003

Minister for WorkCover

Sighting of material incorporated by reference – Has such material been scrutinised? – undated certificates

SR 135 – Road Safety (Vehicles)(Registration Fees No 2) Regulations 2003

Minister for Transport

Failure to forward Competition Policy Analysis/Assessment

SR 154 – Firearms (Handguns) Regulations 2003

Minister for Police and Emergency Services

RIS not advertised in Govt Gazette – Certificate signed but undated

SR 157 – Occupational Health and Safety (Asbestos)(Amendment) Regulations 2003

Minister for WorkCover

Section 9(1)(a) exemption certificate – request for particular reasons why no appreciable burden, Consultation – what was level of consultation and with whom?