Victorian Current Acts Victorian Current Acts(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act, or to any fishery management plan, recognised code of fishing practice or intergovernmental agreement or arrangement in relation to fisheries management.
S. 153(2) amended by No. 5/1997
s. 44(a).
(2) Without limiting or derogating from subsection (1) or any other provision of this Act, regulations made under this Act may include regulations for or with respect to the matters listed in Schedule 3.
(3) A power conferred by this Act to make regulations may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or
(ii) any such provision either unconditionally or subject to any specified condition.
(4) Regulations made under this Act may be made—
S. 153(4)(a) substituted by No. 51/2007 s. 11.
(a) so as to apply by way of general or of specially limited application; and
S. 153(4)(ab) inserted by No. 51/2007 s. 11.
(ab) so as to differ according to differences in time, place or circumstance; and
(b) so as to require a matter affected by the regulations to be—
(i) in accordance with a specified standard or specified requirement; or
(ii) approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; and
S. 153(4)(c) amended by No. 5/1997
s. 44(b).
(c) so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, order, regulation, management plan, specification or method formulated, issued, prescribed or published by any authority or body whether—
(i) wholly or partially or as amended by the regulations; or
(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(iii) as formulated, issued, prescribed or published from time to time; and
S. 153(4)(d) amended by Nos 5/1997
s. 44(c), 64/2013 s. 9(1).
(d) so as to leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, municipal council, statutory body or public authority or any officer thereof; and
S. 153(4)(e) amended by No. 64/2013 s. 9(1)(2).
(e) so as to confer powers or impose duties in connection with the regulations on any government department, municipal council, public authority, representative body or any officer thereof; and
(f) so as to apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time; and
S. 153(4)(g) amended by No. 5/1997
s. 44(d).
(g) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and
(h) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
(5) If under subsection (4)(c)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Minister causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken to have not been so amended.
(6) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—
(a) specific fees;
(b) maximum or minimum fees;
(c) maximum and minimum fees;
(d) scales of fees according to the value of goods or services provided for the fees;
(e) methods of calculation of fees;
(f) the payment of fees either generally or under specified conditions or in specified circumstances;
(g) the reduction, waiver or refund, in whole or in part, of the fees;
S. 153(6)(ga) inserted by No. 35/2009 s. 73.
(ga) for fees to be charged on a pro rata basis;
S. 153(6)(gb) inserted by No. 35/2009 s. 73.
(gb) the manner in which, the period in respect of which, and the date by when, fees are to be paid;
S. 153(6)(h) substituted by No. 5/1997
s. 44(e).
(h) how fees are to be paid (including payments by instalments);
S. 153(6)(i) inserted by No. 5/1997
s. 44(e).
(i) the recovery, and payment, of interest on arrears.
(7) If under subsection (6)(g) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—
(a) in respect of certain matters or transactions or classes of matters or transactions; or
(b) in respect of certain documents or classes of documents; or
(c) when an event happens; or
(d) in respect of certain persons or classes of persons; or
(e) in respect of any combination of matters, transactions, documents, events or persons—
and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body.
S. 153(8) inserted by No. 64/2013 s. 9(3), amended by No. 9/2020 s. 390(Sch. 1 item 42).
(8) In this section "municipal council" has the same meaning as Council has in section 3(1) of the Local Government Act 2020 .
Pt 8 Div. 4 (Heading) inserted by No. 51/2007 s. 12.
Division 4—Cancellation of licences and restrictions on fishing
S. 153A inserted by No. 67/1996
s. 3.