Scrutiny of Acts and Regulations Committee

Annual Review 2000 - Table of Contents Scrutiny of Acts and Regulations Committee

Annual Review 2000 February 2001

Table of Contents

Chair's Overview

Extracts from the Proceedings

Annual Review 2000

Appendix 1 Index of Bills and Acts Reported in 2000

Appendix 2 Index of Bills Reported in 1999

Appendix 3 Bills Introduced in 2000 Affecting the Jurisdiction of the Supreme Court

Appendix 4 Bills introduced in 1999 Affecting the Jurisdiction of the Supreme Court

Appendix 5 Index of Acts Reported in 2000

Appendix 6 Ministerial Correspondence 2000

Appendix 7 Statutory Rules 1999

Appendix 8 Statutory Rules 2000

Scrutiny of Acts and Regulations Committee

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Chair’s Overview

I am pleased to introduce the Committee’s Annual Review for 2000.

When I was chosen to serve as the Chair of the Scrutiny of Acts and Regulations Committee in December 1999, the Committee’s Senior Legal Adviser reminded me of one of his favorite quotations –

The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime, and the punishment of his guilt.

John Curran, 1750-1817

I am indebted for this appropriate and timely reminder.

This review concerns the scrutiny of Bills introduced in the spring 1999 session and during 2000 and also briefly outlines the other work of the Committee.

The Committee’s strength lies not so much in any inherent powers it may possess, as its functions are principally advisory in nature, but rather they lie in its ability to alert, caution and advise the Parliament in relation to certain undesirable legislative practices. It is the very process of independent scrutiny and the prospect of adverse comment that ensures that such practices are eliminated or where their application is unavoidable or desirable, the necessity for their use is adequately explained by the Executive to the Parliament and placed on the public record. In that respect there is more than anecdotal evidence that the Committee plays a useful role as a Parliamentary adviser.

During 2000 the Committee continued its fine tradition of bipartisan work within its terms of reference. I take this opportunity to thank my Committee colleagues for their professionalism and co-operation during the year.

The Committee is fortunate to have a dedicated and professional team of legal advisers and support staff, and I take this opportunity to thank our Senior Legal Adviser Andrew Homer for effectively leading the team during 2000.

Ms Mary Gillett MLA

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Chair Scrutiny of Acts and Regulations Committee

Scrutiny of Acts and Regulations Committee

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Extracts from the Proceedings

EXTRACTED FROM THE MINUTES OF THE PROCEEDINGS OF THE LEGISLATIVE COUNCIL

TUESDAY, 14 DECEMBER 1999

26 SCRUTINY OF ACTS AND REGULATIONS COMMITTEE — By leave, the Honourable M.R. Thomson moved, by leave, That the Honourables M.A. Birrell, M.T. Luckins, J. Mikakos and C.A. Strong be members of the Scrutiny of Acts and Regulations Committee.

Question — put and resolved in the affirmative.

______

EXTRACTED FROM THE VOTES AND PROCEEDINGS OF THE LEGISLATIVE ASSEMBLY

TUESDAY, 14 DECEMBER 1999

8 JOINT INVESTIGATORY COMMITTEES — Motion made, by leave, and question — That —

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(g) Ms Gillett, Mr Carli, Ms Beattie, Mr Robinson and Mr Dixon be members of the Scrutiny of Acts and Regulations Committee.

(Mr Batchelor) — put, after debate, and agreed to.

______

Scrutiny of Acts and Regulations Committee

Last Updated 11/4/2000 ©Parliament of Victoria

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Introduction

The Committee

By section 4(b) of the Parliamentary Committees Act 1968 (‘the Act’) the Scrutiny of Acts and Regulations Committee (‘the Committee’) is established as one of five Joint House Committees of the Victorian Parliament. This report provides a brief summary of the Committee’s scrutiny of Bills during the spring 1999 session of Parliament and the autumn and spring sessions of 2000.

Brief History of the Committee

The Committee was established in November 1992 at the beginning of the 52nd Parliament and Mr Victor Perton MLA (Lib-Doncaster) became the Committee’s first Chairman. Following the March 1996 State election the Committee was reconstituted for the 53rd Parliament with Mr Peter Ryan MLA (NP- Gippsland South) as Chairman. The 53rd Parliament was dissolved in August 1999. The Committee of the 54th Parliament was reconstituted on 15 December 1999 with Ms Mary Gillett MLA (ALP-Werribee) elected Chair of the Committee.

Committee composition and membership

Pursuant to section 4B of the Act the Committee must be composed of not more than nine members. At least two must be members of the Legislative Council and two must be members of the Legislative Assembly.

The Committee of the 54th Parliament formed on 15 December 1999 consists of nine members. Five members are from the Legislative Assembly and four members are from the Legislative Council. As in the two previous Committees, five of the nine members are from the Government and four are from the Opposition.

Current Members

The members of the Committee of the 54th Parliament are –

● Ms Mary Gillett MLA (ALP – Werribee), Chair; ● The Honourable Maree Luckins MLC (Lib – Waverley), Deputy Chair;

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● Mrs Liz Beattie MLA (ALP – Tullamarine); ● The Honourable Mark Birrell MLC (Lib – East Yarra); ● Mr Carlo Carli MLA (ALP – Coburg); ● Mr. Martin Dixon MLA (Lib – Dromana);

● The Honourable Jenny Mikakos MLC (ALP – Jika Jika)[i]; ● Mr Tony Robinson MLA (ALP – Mitcham); and

● The Honourable Chris Strong MLC (Lib – Higinbotham)[ii].

Secretariat

The Committee secretariat is located on level 8, 35 Spring Street Melbourne. The secretariat staff comprises an Executive Officer (Senior Legal Adviser) and a small team of legal and support staff. Secretariat staff as at 31 December 2000 were –

Mr Andrew Homer, Senior Legal Adviser

Ms Jenny Baker, Legal Adviser (Regulations)

Ms Marilyn Baldwin, Legal Adviser (Redundant Legislation)

Ms Karla Bastomsky, Legal Adviser (Parliamentary Committees)

Mr Simon Dinsbergs, Assistant Executive Officer

Mr Richard Kings, Office Manager

The Committee’s Website address is – www.parliament.vic.gov.au/sarc

Role of the Committee

The Committee:

● prepares periodical reports called Alert Digests concerning Bills introduced during Parliamentary sessions;

● seeks clarification from Ministers, departments or government agencies on provisions contained in Bills and statutory rules that concern the Committee within its terms of reference; ● reviews all statutory rules and some other statutory instruments; ● conducts inquiries, including calling for public submissions and conducting public hearings, on matters referred to the Committee for investigation; ● provides information to Members, organisations and the public concerning the Committees functions and activities.

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The Committee’s work during 2000

The Committee’s work during 2000 fell into four main categories –

● Scrutiny of Bills[iii] introduced into Parliament;

● Scrutiny of subordinate legislation[iv] (statutory rules) and specified directives and other instruments. (Refer: Parliamentary Committee Act 1968, section 4D(c) and (ca), Subordinate Legislation Act 1994, section 21 and the Public Sector Management and Employment Act 1998 section 40(2)); ● Review of redundant, ambiguous or unclear legislation. This function is performed pursuant to an ongoing standing instruction to the Committee first vested in the Committee in May 1994 by a Governor in Council Reference. The Reference has been renewed at the commencement of each Parliament and continues unless revoked by Governor in Council Order. (Refer: Governor in Council Order 12 May 1994 – Victorian Government Gazette (G.19), Page 1153, May 1994); and ● Review of other legislation that are, from time to time, referred to the Committee by a resolution of either the Legislative Council or the Legislative Assembly[v] or by a Minister through an Order of the Governor in Council published in the Government Gazette[vi].

References from Parliament

In February 2000 Parliament referred the following inquiries to the Committee –

1. Parliamentary Committees Act 1968. The Committee formed a subcommittee of 4 members to commence a review of the Act with the view of recommending a clearer and improved Act. The Subcommittee worked with Ms Karla Bastomsky seconded from the Office of the Chief Parliamentary Counsel to prepare a draft revised Act. Stage 2 of the review will involve a comparative analysis of other parliamentary committee systems with a view to making recommendations for an improved committee system. 2. Summary Offences Act 1966. 3. Vagrancy Act 1966.

References by Order of Governor in Council

Further, in September 2000 the Committee was referred an inquiry by Order of Governor in Council from the Minister for State and Regional Development to recommend to Parliament a privacy code of conduct for Members of Parliament.

Amendment to the Parliamentary Committees Act 1968

Following the dissolution of the 53rd Parliament in August 1999 and the ensuing elections in September,

http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Annual%20Review.htm (3 of 10) [20/03/2002 12:43:47] Annual Review 2000 Report the Parliament did not meet until 3 November 1999. The membership of Parliamentary Committees was not finalised until 14 December 1999. By the time the Scrutiny of Acts and Regulations Committee first met on 20 December 1999, sixteen Bills introduced in the spring session of Parliament had received Royal Assent. To accommodate the jurisdictional problem of the Committee reporting on Bills not Acts, an additional term of reference was included by the Parliamentary Committees (Amendment) Act 1999[vii]. The amendment allowed the Committee to scrutinise Acts passed by the Parliament in the period 3 November 1999 to 31 December 1999. This amendment allowed the Committee to prepare an Alert Digest (No. 1 of 2000) covering those Acts. Alert Digest No. 1 of 2000 was tabled in the Parliament in late February 2000. The amendment provides –

4D The functions of the Scrutiny of Acts and Regulations Committee are –

…

(ba) to consider any Act passed at any time between 3 November 1999 and 31 December 1999 and to report to the Parliament with respect to that Act on any matter referred to in paragraph (a) or (b)

Section 4D(ba) is now a spent provision and it is expected that it may be removed in a Statute Law Revision Bill in the near future. The Acts[viii] considered by the Committee pursuant to this provision are listed in Appendix 5.

The Act will be amended on the commencement of the Information Privacy Act 2000. That Act will insert a new section 4D(a)(iiia) requiring the Committee to consider any Bill introduced into a House of Parliament and to report to the Parliament as to whether the Bill, by express words or otherwise unduly requires or authorises acts or practices that may have an adverse effect on personal privacy within the meaning of the Information Privacy Act 2000.

It is anticipated that a further amendment will be made to the Act during 2001, similar in nature to that made by the Information Privacy Act 2000[ix] with the enactment of the Health Records Bill[x]. That Bill[xi] also makes consequential amendments to the Subordinate Legislation Act 1994[xii].

Committee publications

Released during 2000

During 2000 the Committee published the following reports and papers –

● Eleven Alert Digests numbered 1 to 11, tabled during 2000; ● Consolidated Alert Digests Nos. 1 to 6 of 1999, March 2000; ● Report on the Constitution Convention Act 1972, Review of Redundant and Unclear Legislation, May 2000;

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● Report on the Statute Law Revision Bill, October 2000; ● Discussion Paper on the inquiry into the Subordinate Legislation Act 1994, November 2000; and ● Draft Bill on the Scrutiny of National Schemes of Legislation, November 2000.

Forthcoming publications

● Final Report on the Summary Offences Act 1966 – Due 30 November 2001. ● Final Report on the Parliamentary Committees Act 1968 – Due 30 November 2001. ● Consolidated Alert Digests Nos. 1 – 11 of 2000 – February 2001.

The Subcommittees of the 54th Parliament

In February 2000, by resolution of the Committee, two standing subcommittees were formed, one the Regulation Review Subcommittee and the Redundant Legislation Subcommittee[xiii]. The membership of the Regulation Review and the Redundant Legislation Subcommittees was determined at the first meeting of the Committee in February 2000.

Regulation Review Subcommittee

The members of the Regulation Review Subcommittee of the 54th Parliament are–

● The Honourable Jenny Mikakos MLC, Chair; ● Mr Martin Dixon MLA; ● Ms Mary Gillett MLA; ● The Honourable Maree Luckins MLC; and ● Mr Tony Robinson MLA.

The Redundant Legislation Subcommittee

The members of the Redundant Legislation Subcommittee of the 54th Parliament are –

● The Honourable Chris Strong MLC, Chairman; ● Mrs Liz Beattie MLA; ● Mr Carlo Carli MLA; ● Mr Martin Dixon MLA; and ● The Honourable Maree Luckins MLC.

By further resolution the Committee established two further subcommittees during 2000 to undertake the inquiry into the Parliamentary Committees Act 1968, and the second to undertake an inquiry to recommend an information privacy code of conduct for Members of the Victorian Parliament.

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The Parliamentary Committees Act Subcommittee

● Ms Mary Gillett MLA, Chair; ● The Honourable Mark Birrell MLC; ● Mr Martin Dixon MLA; and ● Mr Tony Robinson MLA

Information Privacy Subcommittee

● Mr Carlo Carli MLA, Chair; ● Mrs Liz Beattie MLA; ● Mr Martin Dixon MLA; and ● The Honourable Maree Luckins MLC.

Committee and Subcommittee meetings during 2000

The Full Committee met 13 times during the year principally to consider the content of Alert Digests. Further there have been 15 meetings of the Regulation Review Subcommittee, 6 meetings of the Redundant Legislation Subcommittee and 4 meetings of the Parliamentary Committees Act Subcommittee. Whilst the Information Privacy Subcommittee was formed during 2000, pending Ministerial advice concerning funding for the inquiry, the Subcommittee did not meet during 2000 to transact any formal business.

Review of Bills

Bills and Acts considered during 2000

The Committee considered 140 Bills during calendar 2000. Of these 22 were introduced during November and December of 1999. 16 of those 22 Bills became Acts before 31 December 1999. By an amendment made to the Act by section 4D(ba), the Committee was given power to consider them in a report to the Parliament notwithstanding their Royal Assent.

The Acts considered by the Committee pursuant to section 4D(ba) are listed in Appendix.5.

A full list of Acts and Bills considered by the Committee during calendar 2000 are shown as Appendix 1.

Section 85 of the Constitution Act 1975

Pursuant to section 4D(b) of the Parliamentary Committees Act 1968, the Committee has a ‘specific

http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Annual%20Review.htm (6 of 10) [20/03/2002 12:43:47] Annual Review 2000 Report reporting’ brief in relation to Bills containing any provision which repeals, alters or varies the jurisdiction of the Supreme Court. The Committee is required to report to the Parliament on such provisions. The Act also requires the Committee to report to the Parliament in circumstances where a Bill does not repeal, alter or vary the jurisdiction of the Supreme Court, but where an issue is nevertheless raised as to the Supreme Court’s jurisdiction, as to the full implication of that issue.

Of the 140 Bills considered in 2000, 23 contained section 85 (Constitution Act 1975) provisions or just over 16%. In 1999 of the 57 Bills introduced from January to June, 15 contained section 85 provisions, or just over 26%. The year 2000 Bills are listed in Appendix 3 and the relevant 1999 Bills are shown in Appendix 4.

Committee Comments Classified by Terms of Reference

A new feature of the Alert Digests tabled in 2000 was a regular Appendix 2 categorising comments made by the Committee on Bills by the terms of reference as set out in section 4D of the Act.

Alert Digest new features

Alert Digests during the year have included the following new features –

● Notice to Members on front cover calling for comments; ● Members of the Committee photograph page; ● Brief description of the role of the Committee; ● Summary of Committee comments; ● Appendix – Summary of comments classified by terms of reference.

Ministerial Correspondence

Ministerial response turnaround time continues to vary markedly. Some Ministers respond to the Committees concerns within days and in some cases the Committee needs to follow-up requests for further advice by reminder letters. On the whole the Committee remains satisfied with the level of detail provided by Ministers in responding to the Committees concerns. A table of Ministerial correspondence during 2000 listed in Appendix.6.

The Results of the Committee’s Work

The main function of the Committee is to advise the Legislative Council and the Legislative Assembly concerning the use of certain legislative practices in Bills introduced into the Parliament. Those legislative practices are listed in section 4D(a)(i) to (v) of the Parliamentary Committees Act 1968 and provide the basis for the Committee’s terms of reference. The clear feedback the Committee receives is that Members are assisted by the Committee’s Alert Digests in preparation for their contributions during debate.

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The Committee does not consider it a useful primary benchmark of its success to only point to the number of amendments it has been responsible in securing through its correspondence with Ministers. Rather the Committee considers that the fostering of a ‘scrutiny culture’ ensures that legislative standards remain high and are only breached in exceptional and appropriate circumstances. There is strong anecdotal evidence that the work of the Committee is understood and considered by departments and government agencies when considering potentially objectionable legislative provisions.

Problematic areas with Bills

Notwithstanding the Committees work a number of persistent problems remain in its scrutiny of Bills, these can be broadly categorised as –

● Unexplained retrospective provisions – failure to provide sufficient explanation in either the explanatory memorandum or the Second Reading Speech concerning the necessity or desirability of applying a law retrospectively; ● Unhelpful explanatory memoranda – failure to provide adequate detail in the explanatory memorandum or the Second Reading Speech as to the intended operation of a clause; ● Unexplained commencement by proclamation clauses – failure to provide adequate explanation for the use of a commencement by proclamation clause rather than the use of a specified commencement day; ● Wide delegation provisions – failure to explain delegation provisions which do not clearly define or limit the extent of the delegation to a defined group of persons or persons holding a specified office or rank, or possessing some qualification or attribute.

Scrutiny of National Schemes of Legislation

The Committee continued to promote its proposal for the establishment of a national committee for the scrutiny of uniform legislation in appropriate forums. The Committee advocacy of the proposal is principally at the level of the Working Group of Chairs and Deputy Chairs of Scrutiny of Primary and Delegated Legislation Committees of Australia (the Working Group). On 10 November 2000 the Committee hosted a Working Group meeting in the Legislative Council chamber of the Victorian Parliament. The major agenda item was the consideration of a draft bill for the establishment of a national committee which was supported with amendments. Earlier in the year Committee members traveled to Darwin (February) and Brisbane (May) to attend Working Group meetings to progress the proposal.

Regulation Review

The Regulation Review Subcommittee held 15 meetings during 2000 at which it discussed 106 statutory

http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Annual%20Review.htm (8 of 10) [20/03/2002 12:43:47] Annual Review 2000 Report rules made in 1999 and 100 made during 2000. 44 of the 150 statutory rules made in 1999 were examined by the members of the Subcommittee of the 53rd Parliament. Appendix 7 lists the statutory rules made in 1999 and Appendix 8 lists the rules made in 2000 and examined by the Subcommittee up to December 2000. The Subcommittee did not make any reports to the Parliament during 2000. However, of the statutory rules examined during 2000, the Subcommittee had concerns with 37 and wrote to the responsible Ministers seeking clarification on each occasion.

Some of the typical and problematic issues of concern to the Subcommittee during 2000 included –

● use of legislative instruments outside the scrutiny of the Subcommittee such as guidelines and licences; ● failure to date exception and exemption certificates and failure to specify the reasons for granting exemptions; ● inadequate analysis of competition policy principles; ● use of Premier’s certificates to make statutory rules in substantially the same form in successive years; ● uncertainty amongst department and agency officers as to the extent of consultation and the need to provide consultation certificates when determining whether a regulation imposes an appreciable economic and social burden under sub-section 9(1)(a).

Committee Budgets Travel and Staffing

Committee Expenditure and Budget[xiv]

1999-2000 Budget 1999-2000 Actual 2000-2001 Budget $376,000 $360,246 $473,000

Travel

In June the Committee visited counterpart scrutiny of primary and delegated legislation committees in the Parliaments of the Commonwealth, Queensland, New South Wales, and the Australian Capital Territory, as part of the Committee’s inquiry into the Subordinate Legislation Act 1994 and its review of interstate counterpart scrutiny committees.

From 14 to 16 July members of the Parliamentary Committees Act Subcommittee attended a weekend conference in Brisbane entitled Parliament 2000: Towards a Modern Committee System organised by the Australasian Study of Parliament Group.

Staffing

Early in the year the Committee recruited two new legal advisers. Ms Jenny Baker joined the Committee in February, from the Law Reform Committee, as the Legal Adviser (Regulations) and Ms Marilyn

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During the year the Committee participated in the Parliament’s Graduate Recruitment Scheme with a 4 month placement with the Committee for Ms Fiona Lewandowski as a research officer.

The Committee also provided administrative support and guidance for a visiting Monash University Masters student, Ms Anusha Munasinghe from the Sri Lankan Ministry of Justice and Constitutional Affairs. Ms Munasinghe undertook research on the topic of delegated legislation forming part of the assessment for the award of the degree of Mater of Public Policy.

Endnotes

i Chair, Regulation Review Subcommittee.

ii Chair, Redundant Legislation Subcommittee.

iii Three private members Bills were introduced during 2000.

iv The scrutiny of statutory rules (regulations) predates the formation of the Committee and was performed by a number of predecessor Parliamentary Committees such as the Legal and Constitutional Committee (now defunct).

v Parliamentary Committees Act 1968, section 4F(1)(a)(i).

vi Parliamentary Committees Act 1968, section 4F(1)(a)(ii).

vii Section 4D(ba) of the Parliamentary Committees Act 1968.

viii The Acts listed in Appendix 5 received Royal Assent in the period 3 November 1999 to 31 December 1999.

ix Not yet in force.

x Clause 115, Health Records Bill.

xi Bill introduced on 22 November 2000 and reported in Alert Digest No. 1 of 2001.

xii Clause 116, Health Records Bill.

xiii Formerly the Subordinate Legislation Subcommittee.

xiv Budgets and expenditure include current inquiry budgets, staff salaries, superannuation and training, office expenses, Members allowances and travel.

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Index of Acts and Bills 2000

Alert No. 5, 6, 7, 9 Accident Compensation (Common Law and Benefits) Bill 4 Administration and Probate (Dust Diseases) Bill 5 Adoption (Amendment) Bill 9 Agricultural Industry Development (Amendment) Bill 5 Agricultural and Veterinary Chemicals (Control of Use)(Amendment) Bill 8 Anglican Trusts Corporations (Amendment) Bill 6 Appropriation (2000/2001) Bill

6 Appropriation (Parliament 2000/2001) Bill

6 Arts Legislation (Amendment) Bill

9 Associations Incorporation (Amendment) Bill

1 Audit (Amendment) Act 1999

11 Building (Legionella) Bill

6 Business Registration Acts (Amendment) Bill

6 Children and Young Persons (Appointment of President) Bill

8, 11 Children and Young Persons (Reciprocal Arrangements) Bill

5, 7 Chinese Medicine Registration Bill

7 Constitution (Amendment) Bill

7 Constitution (Proportional Representation) BIll

2 Constitution (Reform) Bill 6 Control of Weapons (Amendment) Bill 3 Corporations (Victoria)(Amendment) Bill 11 Country Fire Authority (Amendment) Bill 2 Courts and Tribunals Legislation (Amendment) Bill 7 Courts and Tribunals Legislation (Further Amendment) Bill 9 Courts and Tribunals Legislation (Miscellaneous Amendments) Bill 9 Crimes (Amendment) Bill 2 Crimes (Criminal Trials) Bill 11 Crimes (Further Amendment) Bill

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1, 4 Crimes at Sea Act 1999 6, 7 Dairy Bill 5, 7 Disability Services (Amendment) Bill 2 Domestic Building Contract (Amendment) Bill 11 Domestic (Feral and Nuisance) Animals (Amendment) Bill 7 Drugs, Poisons and Controlled Substances (Injecting Facilities Trial) Bill 9 Duties Bill 4, 7 Education Acts (Amendment) BIll 6 Electricity Industry Acts (Amendment) Bill 8 Electricity Industry Bill 8 Electricity Industry Legislation (Miscellaneous Amendments) Bill 6, 7 Emergency Management (Amendment) Bill 5, 6 Environment Protection (Enforcement and Penalties) BIll

11 Environment Protection (Liveable Neighbourhoods) Bill

5, 6 Equal Opportunity (Breastfeeding) Bill

5, 7 Equal Opportunity (Gender Identity and Sexual Orientation) Bill

8 Essential Services Legislation (Dispute Resolution) Bill

1 Essential Services (Year 2000) Act 1999

11 Fair Employment Bill

2 Fair Trading Bill

2 Fair Trading (Inspectors Powers and Other Amendments) Bill

5 Federal Courts (Consequential Amendments) Bill

1 Federal Courts (State Jurisdiction) Act 1999

3 Financial Management (Financial Responsibility) Bill 9 Fisheries (Amendment) Bill 3, 4 First Home Owner Grant Bill 3 Flora and Fauna Guarantee (Amendment) Bill 11 Forestry Rights (Amendment) Bill 1 Freedom of Information (Miscellaneous Amendments) Act 1999 11 Gambling Legislation (Miscellaneous Amendments) Bill 3, 4 Gambling Legislation (Responsible Gambling) Bill 11 Gaming Acts (Gaming Machine Levy) Bill 11 Gaming No.2 (Community Benefit) Bill 11 Gas Industry Acts (Amendment) Bill

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2 Gas Industry Acts (Further Amendment) Bill 1 Gas Industry (Amendment) Act 1999 6, 7 Health Practitioners Acts (Amendment) Bill 1 Health Practitioners (Special Events Exemption) Act 1999 6 Health Services (Governance) Bill 9 Heritage (Amendment) Bill

3 Hire-Purchase (Amendment) Bill

7, 8 Information Privacy Bill 2 Interactive Gaming (Player Protection) Bill 8 Interpretation of Legislation (Amendment) Bill 2 Juries Bill 2 Labour and Industry (Statute Law Revision) Bill

11 Land (Further Revocation of Reservations) Bill

6 Land (Revocation of Reservations) Bill

8 Land (St. Kilda Sea Baths) Bill

2 Land Titles Validation (Amendment) Bill

1 Legal Practice (Amendment) Act 1999

1 Local Government (Best Value Principles) Act 1999

5 Local Government (Governance) Bill

8 Local Government (Restoration of Local Democracy to Melton) Bill

11 Magistrates' Court (Committal Proceedings) Bill

11 Magistrates’ Court (Infringements) Bill

11 Marine (Amendment) Bill

2 Melbourne City Link (Amendment) Bill 11 Melbourne City Link (Miscellaneous Amendments) Bill 1 Melbourne Sports and Aquatic Centre (Amendment) Act 1999 9, 10 Mineral Resources Development (Amendment) Bill 6, 7 National Parks (Amendment) Bill 3 National Taxation Reform (Consequential Provisions) Bill 5 National Taxation Reform (Further Consequential Provisions) Bill 11 Nurses (Amendment) Bill 1 Parliamentary Committees (Amendment) Act 1999 11 Professional Boxing and Martial Arts (Amendment) Bill 7 Petroleum Products (Pricing) Bill

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8 Petroleum Products (Terminal Gate Pricing) Bill 5 Planning and Environment (Amendment) Bill 7 Planning and Environment (Restrictive Covenants) Bill 8 Plant Health and Plant Products (Amendment) Bill 1 Police Regulation (Amendment) Act 1999 3 Prevention of Cruelty to Animals (Amendment) Bill 8 Project Development and Construction Management (Amendment) Bill 3 Prostitution Control (Planning) Bill 6, 7 Psychologists Registration Bill 8, 11 Public Lotteries Bill 1 Public Prosecutions (Amendment) Act 1999 11 Racing and Betting Acts (Amendment) Bill 2, 7 Rail Corporation and Transport Act (Amendments) Bill

1 Rail Corporation and Transport Act (Miscellaneous Amendments) Act 1999

1 Regional Infrastructure Development Fund Act 1999

3 Renewable Energy Authority Victoria (Amendment) Bill

4 Road Safety (Amendment) Bill

6 State Taxation Acts (Miscellaneous Amendment) Bill

8 Statute Law Revision Bill

6 Superannuation Acts (Amendment) Bill

11 Superannuation Acts (Beneficiary Choice) Bill

8 Tattersall Consultations (Amendment) Bill

8 Tertiary Education (Amendment) Bill

6 Tobacco (Amendment) Bill 4 Trade Measurement (Amendment) Bill 8 Training and Further Education Acts (Amendment) Bill 9 Transport Accident (Amendment) Bill 6 Transport (Amendment) Bill 9 Transport (Miscellaneous Amendments) Bill 11 University of Melbourne Land Bill 7 Victims of Crime Assistance (Amendment) Bill 11 Victorian Curriculum and Assessment Authority Bill 11 Victorian Environmental Assessment Council Bill 6 Victorian Law Reform Commission Bill

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11 Victorian Qualification Authority Bill 5 Vocational Education and Training (Council Membership) Bill 8 Water Industry (Amendment) Bill 1 Water (Waterway Management Tariffs) Act 1999 8, 11 Whistleblowers Protection Bill 5 Witness Protection (Amendment) Bill 9 Wrongs (Amendment) Bill 2, 6 Year 2000 Information Disclosure Bill

Scrutiny of Acts and Regulations Committee

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Appendix 2 Index of Bills Reported in 1999

Alert No. 3 Ambulance Services (Further Amendment) Bill 5 Appropriation (1999/2000) Bill 5 Appropriation (Parliament 1999/2000) Bill 5 Australia Acts (Request) Bill 1 Barley Marketing (Amendment) Bill 5 Commonwealth Places (Mirror Taxes Administration) Bill 2 Coroners (Amendment) Bill 5 Crimes (Criminal Trials) Bill 4 Dental Practice Bill 2 Education Acts (Amendment) Bill 5 Electricity Industry Acts (Further Amendment) Bill 1 Environment Protection (Amendment) Bill 5 Estate Agents (Amendment) Bill 4 Fair Trading (Inspectors Powers and Other Amendments) Bill 2, 4, 5 Fair Trading Bill 4, 5 Financial Sector Reform (Victoria) Bill 5 Food (Amendment) Bill 5 Freedom of Information (Amendment) Bill 1 Gas Industry Acts (Amendment) Bill 5 Gas Industry Acts (Further Amendment) Bill 2 Government Superannuation Bill 4 Guardianship and Administration (Amendment) Bill 1 Health Services (Further Amendment) Bill

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5 Interactive Gaming (Player Protection) Bill 4 Land (Reservations and other Matters) Bill 2 Legal Practice (Practising Certificates) Bill 4 Local Government (Melbourne City Council Rates) Bill 5 Longford Royal Commission (Report) Bill 1, 2, 4 Magistrates’ Court (Amendment) Bill 4 Marine (Amendment) Bill 4 Mental Health (Amendment) Bill 4, 5 New Tax System Price Exploitation Code (Victoria) Bill 2 Office of the Regulator-General (Amendment) Bill 1 Petroleum Bill 4, 5, 6 Police Regulation and Firearms (Amendment) Bill 5 Prostitution Control (Amendment) Bill 1 Public Correctional Services Authority Bill 1 Public Sector Reform (Further Amendments) Bill 5 Rail Corporations and Transport Acts (Amendment) Bill 6 Royal Park Land Bill 4 Rural Finance (Amendment) Bill 2 Sentencing (Amendment) Bill 4 Shrine of Remembrance (Amendment) Bill 4 Stamps (Amendment) Bill 1 State Taxation (Further Amendment) Bill 5 State Taxation Acts (Amendment) Bill 4 State Trustees (State Owned Company)(Amendment) Bill 1 Statute Law Revision (Repeals) Bill 2 Superannuation Acts (Further Amendment) Bill 4 Surveillance Devices Bill 2 Tattersall Consultations (Amendment) Bill 4 The Constitution Act Amendment (Amendment) Bill 2 Transport Accident (Further Amendment) Bill

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2 Transport Acts (Further Amendment) Bill 2, 5 Water Acts (Amendment) Bill 2, 5 Year 2000 Information Disclosure Bill

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Appendix 3 Bills introduced in 2000 affecting the jurisdiction of the Supreme Court

(i) and (ii)1 repeals, alters or varies the jurisdiction of the Supreme Court.

Alert No. 5 Accident Compensation (Common Law and Benefits) Bill 6 Children and Young Persons (Appointment of President) Bill 3 Corporations (Victoria)(Amendment) Bill 9 Courts and Tribunals Legislation (Miscellaneous Amendment) Bill 6 Electricity Industry Acts (Amendment) Bill 8 Electricity Industry Bill 1 Essential Services (Year 2000) Act 1999 5 Federal Courts (Consequential Amendment) Bill 1 Federal Courts (State Jurisdiction) Act 1999 3 Gambling Legislation (Responsible Gambling) Bill 6 Health Services (Governance) Bill 7 Information Privacy Bill 11 Marine (Amendment) Bill 1 Parliamentary Committees (Amendment) Act 1999 4 Road Safety (Amendment) Bill 6 Tobacco (Amendment) Bill 9 Transport Accident (Amendment) Bill 7 Victims of Crime Assistance (Amendment) Bill 5 Witness Protection (Amendment) Bill 9 Wrongs (Amendment) Bill

(iii)2 an issue is raised as to the jurisdiction of the Supreme Court. 5 Chinese Medicine Registration Bill 6 Health Practitioner Acts (Amendment) Bill 6 Psychologists Registration Bill

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Footnotes 1 Parliamentary Committees Act 1968, section 4D(b)(i) and (ii). 2 Parliamentary Committees Act 1968, section 4D(b)(iii).

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Appendix 4 Bills introduced in 1999 affecting the jurisdiction of the Supreme Court3

Alert No. 3 Ambulance Services (Further Amendment) Bill 2 Coroners (Amendment) Bill 4 Dental Practice Bill 5 Electricity Industry Acts (Further Amendment) Bill 1 of 2000 Essential Services Bill 2 Fair Trading Bill 1 of 2000 Federal Courts (State Jurisdiction) Bill

1 Gas Industry Acts (Amendment) Bill**

5 Gas Industry Acts (Further Amendment) Bill** 4 Guardianship and Administration (Amendment) Bill 4 New Tax System Price Exploitation Code (Victoria) Bill 1 of 2000 Parliamentary Committees (Amendment) Bill

5 Rail Corporations and Transport Acts (Amendment) Bill** 6 Royal Park Land Bill 2 Water Acts (Amendment) Bill 2 Year 2000 Information Disclosure Bill

** The Bill was the subject of an adverse report § by the Committee. 'adverse report' includes reports where the Committee's concerns were not accepted; the bill was subsequently amended; the Committee was not § in a position to report on the bill or where the Committee did not finally form a conclusion. It also includes those bills where the Committee referred the question of whether the section 85 provision is appropriate and desirable to the Parliament to debate.

Footnote 3 References are to 1999 Alert Digests unless otherwise specified.

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Annual Review 2000

Appendix 5 Index of Acts Reported in 20004

Alert No. 1 Audit (Amendment) Act 1999 1, 4 Crimes at Sea Act 1999 1 Essential Services (Year 2000) Act 1999 1 Federal Courts (State Jurisdiction) Act 1999 Freedom of Information (Miscellaneous 1 Amendments) Act 1999 1 Gas Industry (Amendment) Act 1999 Health Practitioners (Special Events 1 Exemption) Act 1999 1 Legal Practice (Amendment) Act 1999 Local Government (Best Value Principles) Act 1 1999 1 Melbourne Sports and Aquatic Centre (Amendment) Act 1999 1 Parliamentary Committees (Amendment) Act 1999 1 Police Regulation (Amendment) Act 1999 1 Public Prosecutions (Amendment) Act 1999 1 Rail Corporation and Transport Acts (Miscellaneous Amendments) Act 1999 1 Regional Infrastructure Development Fund Act 1999 1 Water (Waterway Management Tarrifs) Act 1999

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Footnote 4 Reported pursuant to section 4D(ba) of the Parliamentary Committees Act 1968.

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Appendix 6 Ministerial Correspondence 2000

Table of correspondence between the Committee and Ministers during 2000

Minister Bill Title Date of Date of Issue Response Committee Minister's Raised Published Letter Response Attorney-General Crimes at Sea Act 28.2.00 22.3.00 Digest Digest No. 1 No. 4 Premier Essential Services 28.2.00 26.4.00 Digest Digest (Year 2000) Act 1999 No. 1 No. 5 Finance/Assistant First Home Owner 15.3.00 20.3.00 Digest Digest Treasurer Grant Bill No. 3 No. 4 Gaming Gambling Legislation 15.3.00 3.4.00 Digest Digest (Responsible No. 3 No. 4 Gambling) Bill Health Health Practitioner 23.5.00 13.6.00 Digest Digest Acts (Amendment) Bill No. 5 No. 7 and Psychologists Registration Bill Transport Rail Corporations and 29.2.00 1.8.00 Digest Digest Transport Acts No.5 of No. 7 (Amendment) Bill 1999 1999 Finance/Assistant Year 2000 Information 29.2.00 15.5.00 Digest Digest Treasurer Disclosure Bill No.2 No. 6 Education Education Acts 3.4.00 31.7.00 Digest Digest (Amendment) Bill No. 4 No. 7 Workcover Accident 2.5.00 21.9.00 Digest Digest Compensation No. 5 No. 9 (Common Law and Benefits) Bill

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Health Chinese Medicine 2.5.00 3.7.00 Digest Digest Registration Bill No. 5 No. 7 Health Disability Services 2.5.00 31.5.00 Digest Digest (Amendment) Bill No. 5 No. 7 Environment and Environment 2.5.00 9.5.00 Digest Digest Conservation Protection No. 5 No. 6 (Enforcement and Penalties) Bill Attorney-General Equal Opportunity 2.5.00 22.5.00 Digest Digest (Breastfeeding) Bill No. 5 No. 6 Attorney-General Equal Opportunity 2.5.00 23.5.00 Digest Digest (Gender Identity and No. 5 No. 7 Sexual Orientation) Bill Police and Emergency 23.5.00 1.6.00 Digest Digest Emergency Management No. 6 No. 7 Services (Amendment) Bill Environment and National Parks 23.5.00 _ Digest _ Conservation (Amendment) Bill No. 6 Agriculture Dairy Bill 23.5.00 13.6.00 Digest Digest No. 6 No. 7 Health Psychologists 23.5.00 13.6.00 Digest Digest Registration Bill No. 6 No. 7 State and Information Privacy Bill 18.7.00 15.9.00 Digest Digest Regional No. 7 No. 8 Development Community Children and Young 2.10.00 26.10.00 Digest Digest Services Persons (Reciprocal No. 8 No. 11 Arrangements) Premier Statute Law Revision 2.10.00 4.1.01 Digest Digest Bill No. 8 No.1 of 2001 Gaming Public Lotteries Bill 3.10.00 6.11.00 Digest Digest No. 8 No. 11 Environment and Electricity Industry Bill 2.10.00 13.11.00 Digest Digest Conservation No. 8 No.1 of 20001 Attorney-General Whistleblowers 3.10.00 30.10.00 Digest Digest Protection Bill No. 8 No. 11 Workcover Transport Accident 24.10.00 _ Digest _ (Amendment) Bill No. 9

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Energy Mineral Resources 31.10.00 15.11.00 Digest Digest Resources Ports Development No. 10 No. 1 of (Amendment) Bill 2001 Health Building (Legionella) 14.11.00 23.11.00 Digest Digest Bill No. 11 No. 1 of 2001 Police and Country Fire Authority 14.11.00 _ Digest _ Emergency (Amendment) Bill No. 11 Services Premier Fair Employment Bill 14.11.00 4.12.00 Digest Digest No. 11 No. 1 of 2001 Health Nurses (Amendment) 14.11.00 23.11.00 Digest Digest Bill No. 11 No. 1 of 2001 Sport and Professional Boxing 14.11.00 8.12.00 Digest Digest Recreation and Martial Arts No. 11 No. 1 of (Amendment) Bill 2001 Post Compulsory Victorian Qualifications 14.11.00 21.11.00 Digest Digest Education , Authority Bill No. 11 No. 1 of Training and 2001 Employment

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Appendix 7 Statutory Rules 19995

Statutory Rules with Regulation Impact Statements (R.I.S.) under section 7

SR No 4 Gas Safety (Gas Quality) Regulations 1999 5 Gas Safety (Safety Case) Regulations 1999 6 Gas Safety (Gas Installation) Regulations 1999 7 Education (Prescribed Age) Regulations 1999 13 Liquor Control Reform Regulations 1999 18 Liquor Control Reform (Prescribed Substance) Regulations 1999 22 Melbourne City Link (Prescribed Administrative Costs) Regulations 1999 26 Road Safety (Drivers) Regulations 1999 29 Road Safety (Vehicles) Regulations 1999 35 Casino Control (Junkets and Premium Players) Regulations 1999 39 Forests (Steavenson Falls Scenic Reserve) Regulations 1999 40 Forests (Murrindindi Scenic Reserve) Regulations 1999 41 House Contracts Guarantee Regulations 1999 46 Electricity Safety (Electrical Appeals Board) Regulations 1999 47 Electricity Safety (Equipment) Regulations 1999 48 Electricity Safety (Equipment Efficiency) Regulations 1999 49 Electricity Safety (Installations) Regulations 1999 50 Electricity Safety (Stray Current Corrosion) Regulations 1999 60 Public Transport Competition Regulations 1999 83 Fundraising Appeals Regulations 1999 84 Occupational Health and Safety (Manual Handling) Regulations 1999 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and 88 Standards) Regulations 1999 90 Fisheries (Amendment) Regulations 1999 95 Health Services (Residential Care)(Personal Care Co Ordinators) Regulations 1999 107 Drugs, Poisons and Controlled Substances (Drugs of Dependence) Regulations 1999 109 Fisheries (Abalone) Regulations 1999

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120 Road Safety (Road Rules) Regulations 1999 137 Forests (Licences and Permits) Regulations 1999 139 Electricity Safety (Electric Line Clearance) Regulations 1999 141 Electricity Safety (Network Assets) Regulations 1999 143 Occupational Health and Safety (Hazardous Substances) Regulations 1999 144 Legal Practice (Admission) Rules 1999 145 Marine Regulations 1999

Statutory Rules – exceptions to the R.I.S. requirement under section 8

S. 8(1)(a) – Fee Increase

SR No. 25 Fisheries (Fees and Levies) Regulations 1999 81 Zoological Parks and Gardens (Administration) (Charges) Regulations 1999 130 Pharmacists (Fees) Regulations 1999 138 Metropolitan Fire Brigades (General)(Fees and Charges) Regulations 1999 147 Dentists (Fees) Regulations 1999

S. 8(1)(b) – Court Rules

SR No. 10 Magistrates’ Court General (Perin Court) Regulations 1999 20 County Court Rules of Procedure in Civil Proceedings 1999 24 Victorian Civil and Administrative Tribunal (Amendment No. 2) Regulations 1999 33 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 51 Supreme Court (Chapter V Amendment No. 5) Rules 1999 58 Magistrates’ Court Civil Procedure Rules 1999 69 Victims of Crime Assistance (Procedure)(Amendment) Rules 1999 70 Crimes (Extra Territorial Offences) Regulations 1999 77 Gas Industry (Appeal Tribunal) Regulations 1999 78 County Court Miscellaneous Rules 1999 79 County Court (Chapter II Amendment No. 1) Rules 1999 80 Victorian Civil and Administrative Tribunal (Amendment No. 3) Rules 1999 96 Supreme Court (Chapter I Amendment No. 10) Rules 1999 97 Magistrates’ Court (Committals) Rules 1999 113 Supreme Court (Chapter VI Amendment No. 2) Rules 1999

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114 County Court (Chapter II Amendment No.2) Rules 1999 115 Victorian Civil and Administrative Tribunal (Amendment No. 4) Rules 1999 117 Supreme Court (Chapter V Amendment No. 7) Rules 1999 118 Supreme Court Library Rules 1999 121 Magistrates’ Court Civil Procedure (Amendment No. 1) Rules 1999 128 County Court (Chapter I Amendment No 1) Rules 1999 131 Supreme Court (Chapter I Amendment No. 11) Rules 1999 132 Supreme Court (Chapter II Amendment No 1) Rules 1999 133 Supreme Court (Chapter VI Amendment No. 3) Rules 1999 134 Supreme Court (Corporations Law) Rules 1999 136 Magistrates’ Court (Arbitration)(Amendment) Regulations 1999 149 Magistrates’ Court Civil Procedure (Amendment) Rules 1999 150 Magistrates’ Court (Committals)(Amendment) Rules 1999

S. 8(1)(c) – Land Tax Equalisation Factors

SR No. 129 Land Tax (Equalisation Factors) Regulations 1999

S. 8(1)(d)(iii) – Extension by 12 months

SR No. Subordinate Legislation (Cemeteries Regulations 1988 – Extension of Operation) 36 Regulations 1999 Subordinate Legislation (Health (Exempt Businesses) Regulations 1989 – Extension 38 of Operation) Regulations 1999 Subordinate Legislation (Pipelines Regulations 1988 – Extension of Operation) 67 Regulations 1999 Subordinate Legislation (Environment Protection (Control of Ozone-Depleting 71 Substances) Regulations 1989 – Extension of Operation) Regulations 1999 Subordinate Legislation (Education Regulations 1988 – Extension of Operation) 8 Regulations 1999 Subordinate Legislation (Dangerous Goods (Explosives) Regulations 1988 – 85 Extension of Operation) Regulations 1999 Subordinate Legislation (Occupational Health and Safety (Lead Control) Regulations 86 1988 – Extension of Operation) Regulations 1999 Subordinate Legislation (Timber Harvesting Regulations 1989 - Extension of 93 Operation) Regulations 1999

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Subordinate Legislation (Extractive Industries Regulations 1989 – Extension of 98 Operation) Regulations 1999 Subordinate Legislation (Subdivision)(Body Corporate) Regulations 1989 – Extension 111 of Operation) Regulations 1999 Subordinate Legislation (Subdivision)(Permit and Certification Fees) Regulations 1989 116 – Extension of Operation) Regulations 1999 Subordinate Legislation (Subdivision (Procedures) Regulations 1989 – Extension of 119 Operation) Regulations 1999 Subordinate Legislation (Marine (Procedures) Regulations 1989 –Extension of 14 Operation) Regulations 1999 Subordinate Legislation (Dangerous Goods (Storage and Handling) Regulations 1989 17 – Extension of Operation) Regulations 1999

Statutory Rules – exemptions to the R.I.S. requirement under section 9

S. 9(1)(a) – No Economic Burden

SR No. 3 Pay Roll Tax (Employment Agency Contracts) Regulations 1999 14 Rules of the Council of Legal Education (Amendment) No. 1) 1999 15 Club Keno (Amendment) Regulations 1999 17 Road Safety (Driving Instructors) Regulations 1999 31 Discharged Servicemen’s Preference (Amendment) Regulations 1999 44 Health (Immunisation) Regulations 1999 56 Melbourne City Link (Start 59 Road Safety (Drivers)(Amendment) Regulations 1999 87 Tobacco (Labelling) Regulations 1999 89 Financial Institutions Duty (Amendment) Regulations 1999 99 Gas Safety (Gas Installation)(Amendment) Regulations 1999 100 Gas Safety (Safety Case)(Amendment) Regulations 1999 125 Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 1999 126 Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 1999 135 Magistrates’ Court General (Amendment) Regulations 1999 142 Dangerous Goods (Explosives)(Amendment) Regulations 1999

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146 Road Safety (Vehicles)(Amendment) Regulations 1999 Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 148 1999

S. 9(1)(b) – National Uniform Scheme

SR No. 34 Livestock Disease Control (Identification) Regulations 1999

S. 9(1)(c) – Fundamentally Declaratory

SR No. 12 State Superannuation (Greater Lump Sums) Regulations 1999 19 Gas Industry (MSO Rules) Regulations 1999 21 Health (Exempt Businesses)(Amendment) Regulations 1999 23 Physiotherapists (Qualifications) Regulations 1999 32 Adoption (Amendment) Regulations 1999 37 Food (Forms, Exemption and Registration Details) (Amendment) Regulations 1999 42 Tobacco (Victorian Health Promotion Foundation) (Amendment) Regulations 1999 43 Physiotherapists Registration Regulations 1999 57 Transport (Roads and Property)(Amendment) Regulations 1999 63 State Superannuation (Revised Scheme Medical Classifications) Regulations 1999 72 Friendly Societies (Amendment) Regulations 1999 75 Subordinate Legislation (Prescribed Bookshop) Regulations 1999 104 Motor Car Traders (Prescribed Forms) Regulations 1999 105 Credit (Administration) (Prescribed Forms) Regulations 1999 106 Travel Agents (Prescribed Forms) Regulations 1999 108 Health (Infectious Diseases)(Donation Statement) Regulations 1999 112 Transport (Infringements) Regulations 1999

S. 9(1)(a), (b) and (c) – No Economic Burden, National Scheme and Fundamentally Declaratory

SR No. 54 Road Safety (Vehicles) (Vehicle Standards) Regulations 1999

S. 9(1)(a) and (c) – No Economic Burden and Fundamentally Declaratory

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SR No. 8 Accident Compensation (Consequential Amendment) Regulations 1999 11 Audit (Public Bodies)(Amendment) Regulations 1999 27 Road Safety (General) Regulations 1999 28 Road Safety (Traffic)(Amendment) Regulations 1999 30 Transport (Consequential Amendment) Regulations 1999 52 Valuation of Land (Oath of Fidelity and Secrecy) Regulations 1999 53 Transport (Tow Truck)(Amendment) Regulations 1999 55 Melbourne City Link (General) Regulations 1999 61 Transport (Passenger Vehicles)(Amendment) Regulations 1999 62 Victorian Parliamentary Elections Regulations 1999 64 Transport Accident (Amendment) Regulations 1999 65 Transport Accident (Impairment) Regulations 1999 66 Transport Accident (Charges) (Amendment) Regulations 1999 68 Metropolitan Fire Brigades (Contributions) Regulations 1999 73 Docklands Authority (Poll) Regulations 1999 76 Gas Industry (Authorisation) Regulations 1999 92 Country Fire Authority (Contributions) Regulations 1999 94 Occupational Health and Safety (Issue Resolution) Regulations 1999 101 Police (Amendment) Regulations 1999 102 Firearms (Amendment) Regulations 1999 103 Fair Trading Regulations 1999 123 Transport (Road Rules – Consequential Amendment) Regulations 1999

S. 9(1)(e) – No Advance Notice

SR No. 1 Fisheries (Merri River) Regulations 1999

S. 9(3) – Premier's Certificate

SR No. 9 Fisheries (Temporary Catch Limit on Taking of Abalone) Regulations 1999 Trans Tasman Mutual Recognition (Victoria) (Temporary Exemptions) Regulations 45 1999 110 Tobacco (Grands Prix Events) Regulations 1999 122 Forests (Miscellaneous) Regulations 1999

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Other Legislative Instruments

Environment Protection Act 1970

S. 16 – State Environment Protection Policies

● State Environment Protection Policy (Ambient Air Quality) and State Environment Protection Policy (The Air Environment) Variation ● Variation of the State Environment Protection Policy (Waters of Victoria) – Insertion of Schedule F7. Waters of the Yarra Catchment

S. 18B – Industrial Waste Management Policies

● Industrial Waste Management Policy (Waste Acid Sulfate Soils) – 15 December 1998 ● Industrial Waste Management Policy (Waste Acid Sulfate Soils) – 17 August 1999

Statutory Rules Not Approved

S. 10 – Regulation Impact Statements

SR No. 74 Building (Amendment) Regulations 1999 91 Accident Compensation (Self Insurers’ Contributions) Regulations 1999 140 Electricity Safety (Management) Regulations 1999

S. 9(1)(a) – No Economic Burden

SR No. 2 Local Government (Elections)(Amendment) Regulations 1999 16 Plumbing (Amendment) Regulations 1999

Footnote 5 The appendix categorises statutory rules according to whether they were made with a regulation impact statement or whether they were exempted or excepted from the requirement to prepare a regulation impact statement. The Regulation Review Subcommittee did not move for disallowance of any statutory rules made in 1999, however it did have correspondence with the responsible Ministers concerning aspects of some statutory rules. Where the Subcommittee remained dissatisfied, it decided not to formerly approve the statutory rules and these are shown at the end of the Appendix.

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Appendix 8 Statutory Rules 20006

Statutory Rules with Regulation Impact Statements (R.I.S.) under section 7

SR No 10 Wildlife (Game) (Amendment) Regulations 2000 15 Fisheries (Commercial) Regulations 2000 25 Architects (Amendment) Regulations 2000 30 . Gas Safety (Gas Appeals Board) Regulations 2000 41 Supreme Court (Fees) (Further Amendment) Regulations 2000 42 County Court (Fees) (Further Amendment) Order 2000 43 Magistrates’ Court (Fees) (Further Amendment) Regulations 2000 50 Occupational Health and Safety (Major hazard Facilities) Regulations 2000 61 Dangerous Goods (Explosives) Regulations 2000 62 Occupational Health and Safety (Lead) Regulations 2000. 65 Petroleum Regulations 2000 70 Cemeteries Regulations 2000 72 Planning and Environment (Fees) Regulations 2000 81 Timber Harvesting Regulations 2000 86 Electronic Transactions (Victoria) Regulations 2000

Statutory Rules – exceptions to the R.I.S. requirement under section 8

S. 8(1)(a) – Fee Increase

SR No. 1 Supreme Court (Fees) (Amendment) Regulations 2000 2 Administration and Probate (Deposit of Wills)(Fees)(Amendment) Regulations 2000 3 County Court (Court Fees) (Amendment) Order 2000 4 Supreme Court (Sheriff’s Fees) (Amendment) Regulations 2000 5 County Court (Bailiff’s Fees) (Amendment) Order 2000 6 Magistrates’ Court (Fees, Costs and Charges) (Amendment) Regulations 2000 http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Appendix8.htm (1 of 5) [20/03/2002 12:47:19] Annual Review 2000 - Appendix 8 - Statutory Rules 2000

20 Fisheries (Fees and Levies) Regulations 2000 53 Extractive Industries Development (Fees and Rates) Regulations 2000 54 Mineral Resources (Titles) (Fees and Rentals) Regulations 2000 55 Mineral Resources (Royalties) (Amendment) Regulations 2000 56 Mineral Resources (Certification of Mine Mangers) (Fees) Regulations 2000 6 National Parks (Fees and Charges) (Amendment) Regulations 2000 104 Pharmacists (Fees) Regulations 2000

S. 8(1)(a) and S. 9(1)(a) – Fees and No Economic Burden

SR No. 68 Zoological Parks and Gardens (Administration) (Charges) Regulations 2000

S. 8(1)(b) – Court Rules

SR No. 22 Magistrates’ Court Civil Procedure (Amendment No. 3) Rules 2000 33 Victorian Civil and Administrative Tribunal (Amendment No. 5) Rules 2000 36 Supreme Court (Chapter 1 Amendment No. 12) Rules 2000 37 Supreme Court (Admiralty) Rules 2000 40 County Court (Chapter 1 Amendment No 2) Rules 2000 46 Magistrates’ Court Civil Procedure (Amendment No. 4) Rules 2000 47 Court Security (Amendment) Regulations 2000 51 Magistrates’ Court (Arbitration) Regulations 2000 63 Supreme Court (Chapter 1 Amendment No. 13) Rules 2000 69 Magistrates’ Court General Regulations 2000 73 Magistrates’ Court (Family Violence) Rules 2000 74 Children’s Court (Family Violence) Rules 2000 75 Supreme Court (Chapter 1 Amendment No 14) Rules 2000 89 Magistrates’ Court Civil Procedure (Amendment No. 5) Rules 2000 97 Supreme Court (Chapter II Amendment No. 2) Rules 2000 98 Supreme Court (Chapter III Amendment No. 4) Rules 2000 108 Victorian Civil and Administrative Tribunal (Amendment No. 6) Rules 2000

S. 8(1)(d)(iii) – Extension by 12 months

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7 Subordinate Legislation (Pathology Services (Exempted Tests) Regulations 1990 - Extension of Operation) Regulations 2000 8 Subordinate Legislation (Pathology Services Accreditation (General) Regulations 1990 Extension of Operation) Regulations 2000 12 Environment Protection (Purchase and Sale of Products Containing Ozone depleting Substances) Regulations 1990 – Extension of Operation) Regulations 2000 16 Subordinate Legislation (Health (Prescribed Accommodation) Regulations 1990 – Extension of Operation) Regulations 2000 17 Subordinate Legislation (Health (Infectious Diseases) Regulations 1990 – Extension of Operation) Regulations 2000 18 Subordinate Legislation (Health (Brothels) Regulations 1990 - Extension of Operation) Regulations 2000 19 Subordinate Legislation (Accident Compensation Regulations 1990 – Extension of Operation) Regulations 2000 64 Subordinate Legislation (Magistrates’ Court (Fees, Costs and Charges) Regulations 1990 – Extension of Operation) Regulations 2000 76 Subordinate Legislation (Water (Long Service Leave) Regulations 1990 – Extension of Operation) Regulations 2000 79 Subordinate Legislation (Private Agents Regulations 1990 – Extension of Operation) Regulations 2000 87 Subordinate Legislation (Wildlife (Game) Regulations 1990 – Extension of Operation) Regulations 2000 99 Subordinate Legislation (Petroleum (Submerged Lands) Regulations 1990 – Extension of Operation) Regulations 2000 103 Subordinate Legislation (National Parks (Fees and Charges) Regulations 1990 – Extension of Operation) Regulations 2000

Statutory Rules – exemptions to the R.I.S. requirement under section 9

S. 9(1)(a) – No Economic Burden

SR No. 9 Conservation, Forests and Lands (Infringement Notice) (Alpine Resorts) Regulations 2000 11 Conservation, Forests and Lands (Contracts) Regulations 2000 13 Marine (Amendment) Regulations 2000 14 Conservation, Forests and Lands (Infringement Notice) (Game) Regulations 2000 24 Melbourne City Link (Start Up Period) (Amendment) Regulations 2000 27 Magistrates’ Court General (Amend) Regulations 2000 28 Fisheries (Scallop) Regulations 2000 35 Melbourne City Link (Start Up Period) (Amendment No 2) Regulations 2000 38 Water (Permanent Transfer of Water Rights) (Amendment) Regulations 2000 60 Financial Institutions Duty (First Home Owner Grants) Regulations 2000 80 Financial Institutions Duty (Amendment) Regulations 2000 83 Gas Safety (Gas Quality) (Amendment) Regulations 2000 84 Melbourne City Link (Start Up Period) (Amendment No 3) Regulations 2000 95 Road Safety (Road Rules) (Road Rules Modification No. 1) Regulations 2000 http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Appendix8.htm (3 of 5) [20/03/2002 12:47:19] Annual Review 2000 - Appendix 8 - Statutory Rules 2000

109 Building (Amendment) Regulations 2000

S. 9(1)(b) – National Uniform Scheme

SR No. 31 Electricity Safety (Equipment Efficiency) (Amendment) Regulations 2000

S. 9(1)(c) – Fundamentally Declaratory

SR No. 26 Children and Young Persons (Children’s Court) (Amendment) Regulations 2000 29 Tobacco (Victorian Health Promotion Foundation) Membership Regulations 2000 34 Dental Practice Regulations 2000 44 Gaming Machine Control (Returns by Gaming Operators) Regulations 2000 45 Tobacco (Victorian Health Promotion Foundation)(Amendment) Regulations 2000 49 Co-operative Housing Societies (GST) Regulations 2000 77 Water (Register of Interests) Regulations 2000 78 Water (Notice of Disposition of Land) Regulations 2000 91 Petroleum (GST) Regulations 2000 100 Tobacco (Victorian Health Promotion Foundation) Regulations 2000 101 Subdivision (Procedures) Regulations 2000

S. 9(1)(a) and (b) – No Economic Burden and Uniform Legislation

SR No. 71 Alpine Resorts (Management) (Fees) Regulations 2000 82 Dangerous Goods (Explosives) (Amendment) Regulations 2000

S. 9(1)(a) and (c) – No Economic Burden and Fundamentally Declaratory

SR No. 23 Police (Amendment) Regulations 2000 32 Treasury Corporation of Victoria (Prescribed Agencies) (Amendment) Regulations 2000 48 Country Fire Authority (Amendment) Regulations 2000 57 Health (Exempt Businesses) Regulations 2000 58 Road Safety (Vehicles) (Transfer Procedures) Regulations 2000 85 Drugs, Poisons and Controlled Substances (Drugs of Dependence) Regulations 2000 http://www.parliament.vic.gov.au/sarc/Annual%20Review%202000/Appendix8.htm (4 of 5) [20/03/2002 12:47:19] Annual Review 2000 - Appendix 8 - Statutory Rules 2000

88 Road Safety (General) (Speed Measuring Devices) Regulations 2000

S. 9(3) – Premier's Certificate

SR No. 52 Education (Interim) Regulations 2000 93 Tobacco (Grands Prix Events) Regulations 2000

Statutory Rules where Subordinate Legislation Act 1994 does not apply

SR No. 39 National Taxation Reform (Fees) (No. 1) Regulations 2000 59 National Taxation Reform (Fees) (No. 2) Regulations 2000

Statutory Rules Not Approved

S. 10 – Regulation Impact Statements

SR No. 66 Forests (Miscellaneous) Regulations 2000

Footnote 6 The Appendix lists statutory rules made during 2000 and examined by the Regulation Review Subcommittee as at December 2000. The Appendix categorises statutory rules according to whether they were made with a regulation impact statement (RIS) or whether they were exceptions to the RIS requirement under section 8 of the Subordinate Legislation Act 1994 (the Act) or exemptions to that requirement under section 9 of the Act. The Regulation Review Subcommittee did not move for disallowance of any the regulations made in 2000 considered up to December 2000, however it did enter into correspondence with the responsible Ministers concerning aspects of some statutory rules. At the time of publication the Subcommittee had not finally approved SR 66 – Forests Miscellaneous Regulations 2000 and is awaiting a response from the Minister.

Scrutiny of Acts and Regulations Committee

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