Victorian Current Acts

DANGEROUS GOODS ACT 1985 - SECT 61

    (1)     In this section—

"relevant Director-General" means the Secretary to the Department of Energy and Minerals, the Secretary to the Department of Agriculture, Energy and Minerals or the Secretary to the Department of Natural Resources and Environment;

S. 61(1) def. of relevant Minister amended by No. 10/2010 s. 800(Sch. 6 item 3.1).

"relevant Minister" means the Minister for the time being administering the Offshore Petroleum and Greenhouse Gas Storage Act 2010 .

    (2)     Despite anything to the contrary in this Act, the relevant Minister has direct and primary concern and responsibility for the administration of this Act and may exercise for that purpose all the powers and functions of the Minister or the Authority under this Act or the regulations with respect to activities carried out under—

S. 61(2)(a) substituted by No. 10/2010 s. 800(Sch. 6 item 3.2).

        (a)     the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth; and

S. 61(2)(b) substituted by No. 10/2010 s. 800(Sch. 6 item 3.2).

        (b)     the Offshore Petroleum and Greenhouse Gas Storage Act 2010 .

    (3)     For the purposes of subsection (2) and only for those purposes, this Act applies as if—

        (a)     any reference in any other section of this Act or the regulations to the Minister or to the Authority (including any reference deemed to be a reference to the Authority) or to the relevant Director-General were a reference to the relevant Minister; and

        (b)     any reference in any other section of this Act or the regulations to an officer or employee of the Authority were a reference to an officer or employee of the public service.

    (4)     Subsection (2) does not apply to any power or function or responsibility of the Minister relating to codes of practice or the making of regulations.

    (5)     On and after the commencement of section 21 of the Accident Compensation (Occupational Health and Safety) Act 1996 —

        (a)     any delegation or other instrument or other document made, issued or given under this Act or the regulations before that commencement by the relevant Director-General is deemed to have been made, issued or given by the relevant Minister;

        (b)     any action taken or decision made under this Act or the regulations before that commencement by the relevant Director-General is deemed to have been taken or made by the relevant Minister;

        (c)     any application made or notification given to the relevant Director-General under this Act or the regulations before that commencement is deemed to be an application made or notification given to the relevant Minister;

        (d)     the relevant Minister may continue and complete any other continuing matter or thing commenced by or against the relevant Director-General under this Act or the regulations and existing immediately before that commencement.

    (6)     Nothing in this section or any other section of this Act affects the appointment of or any notice given by or proceedings begun under this Act or the regulations by or against or in relation to an inspector appointed by the relevant Minister before the commencement of section 21 of the Accident Compensation (Occupational Health and Safety) Act 1996 .

Pt 9
(Heading and ss 62– 67) inserted by No. 31/2005 s. 23.

Part IX—Savings and transitional provisions—Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005

S. 62 inserted by No. 31/2005 s. 23.