Scrutiny of Acts and Regulations Committee
Eleventh Report to Parliament on Subordinate Legislation

Annual Report
concerning
Statutory Rules Series 1998

Ordered to be Printed
By Authority. Government Printer for the State of Victoria
May 1999
No. 43 Session 1999

Appendix 1 - Statutory Rules Examined

TABLE 1 – SUBORDINATE LEGISLATION MADE IN 1998 SORTED BY TYPE

Subordinate Legislation Type	Statutory Reference	Quantity
Regulations made by the Governor-in-Council; or made with the consent or approval of the Governor-in-Council; or able to be disallowed by Governor-in-Council	s.3, *Subordinate Legislation Act 1994*, definition of "statutory rule", paragraphs (a)(i), (ii) and (iii)	142
Court Rules	s.3, *Subordinate Legislation Act 1994*, definition of "statutory rules", paragraph (b)	28
Instruments prescribed to be statutory rules under s.4(1)(a) *Subordinate Legislation Act 1994*	s.3, *Subordinate Legislation Act 1994*, definition of "statutory rule", paragraph (c)	-
Instruments deemed to be statutory rules under the authorising Act	s.3, Subordinate Legislation Act 1994, definition of "statutory rule", paragraph (d)	2⁷⁷

TABLE 2 – 1998 EXCEPTIONS TO SECTION 7, UNDER THE SEVERAL CATEGORIES LAID OUT IN SECTION 8

Category	*Sub-section of s. 8 Subordinate Legislation Act* 1994**	Quantity
Treasury approved fee increase	s.8 (1)(a)	14
Court Rule	s.8 (1)(b)	28
Equalisation factor for the Land Tax Act 1958	s.8(1)(c)	1
Instrument prescribed under s.4(1)(a) of the Subordinate Legislation Act 1994	s.8(1)(d)(i)	-
Exemption under s.4(1)(b) from the Subordinate Legislation Act 1994	s.8(1)(d)(ii)	-
Extension of operation of statutory rule under s.5(4) of the Subordinate Legislation Act 1994	s.8(1)(d)(iii)	9

TABLE 3 – 1998 EXEMPTIONS FROM SECTION 7, UNDER THE SEVERAL CATEGORIES LAID OUT IN SECTION 9

Category	*Sub–Section of s.9, Subordinate Legislation Act* 1994**	Quantity
No appreciable economic or social burden on a sector of the public	s.9(1)(a)	47
National uniform legislation scheme where cost/benefit assessment has been undertaken	s.9(1)(b)	4
Fundamentally declaratory or machinery	s.9(1)(c)	18
Administration of procedures within a government department	s.9(1)(d)	-
Administration of procedures within a department of the Parliament	s.9(1)(da)	-
Notice would make rule ineffective or unfairly advantage or disadvantage persons	s.9(1)(e)	1
Premier's certificate	s.9(3)	6

Footnote

77	By-Law No. 2: Waterways and Drainage Protection (SR No. 113/98) – authorised by section 241 Melbourne and Metropolitan Board of Works Act 1958 and Directions under section 37(1)(b) Public Sector Management and Employment Act 1998.

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Last Updated 31/8/99
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