Victorian Current Acts

COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 289

    (1)     The Governor in Council may make regulations for or with respect to—

        (a)     any matter or thing specified in Schedule 2;

        (b)     any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.

    (2)     The regulations may—

        (a)     be of general or of limited application;

        (b)     differ according to differences in time, place or circumstance;

        (c)     confer a discretionary authority or impose a duty on a specified person or a person of a specified class;

        (d)     provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified;

        (e)     apply, adopt or incorporate any matter contained in any document whether—

              (i)     wholly or partially or as amended by the regulations; or

              (ii)     as in force at a particular time; or

              (iii)     as in force from time to time;

        (f)     impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

    (3)     The Minister must not recommend the making of regulations specifying an amount of $1 or more as the amount of the levy unless the ESC recommends the specification of that amount in accordance with subsection (4).

    (4)     The ESC must not recommend the specification of an amount unless the ESC is satisfied that it is the lowest amount that is reasonably likely to result in the total amount of the levy collected in the beginning 1 July 2018 and ending 30 June 2026, being equal to the cost of the transitional assistance package up to the end of that period.

    (5)     For the purposes of subsection (4), the transitional assistance package comprises—

        (a)     money paid by the State to participants in the commercial passenger vehicle industry to assist them in relation to changes to the law applying to that industry made by this Act; and

        (b)     $112 million (as at 30 June 2017), being State revenue forgone as a result of those changes; and

        (c)     costs incurred in administering Part 11 and any regulations made for the purposes of that Part; and

        (d)     administrative and compliance costs incurred in connection with—

              (i)     the administration of grants paid to commercial passenger vehicle industry participants referred to in paragraph (a); or

              (ii)     rebate or subsidy schemes established and maintained to support those participants.

S. 290 inserted by No. 63/2017 s. 19.