Victorian Current Acts Victorian Current ActsS. 38A(1) amended by No. 127/1993 s. 9(1).
(1) After making a by-law, the Authority must—
(a) publish a notice in the Government Gazette stating—
(i) the title of the by-law; and
(ii) the purpose and general purport of the by-law; and
S. 38A(1)(a)(iii) amended by No. 74/2000 s. 3(Sch. 1 item 82.2).
(iii) that a copy of the by-law may be inspected at the Authority's office during office hours; and
S. 38A(1)(b) amended by No. 40/2019 s. 72(2).
(b) post the whole by-law at a convenient place in the market land.
S. 38A(2) amended by No. 127/1993 s. 9(1).
(2) The Authority must ensure that a copy of every by-law—
(a) is available for inspection at its office during office hours; and
(b) can be purchased on demand at its office during office hours.
(3) A by-law comes into operation—
(a) at the beginning of the day on which it is made; or
(b) at the beginning of such later day as is specified in the by-law as the day on which it comes into operation.
(4) A person cannot be convicted of an offence against a by-law if it is proved that at the time of the alleged offence—
S. 38A(4)(a) amended by No. 127/1993 s. 9(1).
(a) the Authority had not complied with subsection (1) (unless it is proved that at that time reasonable steps had been taken to bring the general purport of the by-law to the notice of persons likely to be affected by it or of the person charged); or
(b) a copy of the by-law was not available for inspection or purchase as required by subsection (2).
(5) A person cannot be prejudicially affected or made subject to any liability by a by-law if it is proved that at the relevant time—
S. 38A(5)(a) amended by No. 127/1993 s. 9(1).
(a) the Authority had not complied with subsection (1) (unless it is proved that at that time reasonable steps had been taken to bring the general purport of the by-law to the notice of persons likely to be affected by it or of the person concerned); or
(b) a copy of the by-law was not available for inspection or purchase as required by subsection (2).
(6) Unless sooner revoked, a by-law is revoked on the day that is 10 years after the day that is the earliest day on which any provision of the by-law came into operation.
(7) Subsection (6) applies to a by-law as amended,
and the amending by-laws, or provisions of by‑laws, will be revoked with
the principal by-law regardless of when they came into operation.
Part V—Transitional provisions and consequential amendments
S. 39 repealed by No. 40/2019 s. 73.
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