Victorian Current Acts Victorian Current ActsIn this Part—
"mandatory considerations" in relation to a proposed rule, means—
(a) the safety risk, or the nature and level of a safety risk, that the proposed rule is intended to minimise or eliminate;
(b) whether there are alternative ways (legislative or otherwise) to address the matter being or to be addressed by the proposed rule;
(c) the expected benefits and costs of the proposed rule on those persons likely to be affected by the proposed rule, if made;
"non-material nature", in relation to a proposed rule, includes correction of a minor error in a rule;
"rule" means a rule made under section 184;
S. 183 def. of specified amendment rule amended by No. 34/2023 s. 127(Sch. 1 item 7.62).
"specified amendment rule" means—
(a) a rule that undoes the effect of an urgent safety rule in respect of which Safe Transport Victoria has decided under section 191 that—
(i) the urgent safety rule was not the only means available to address the matter addressed by the rule; and
(ii) there is a more appropriate, non-legislative way to address the matter addressed by the urgent safety rule; or
(b) a rule that more appropriately addresses a matter addressed by an urgent safety rule in respect of which Safe Transport Victoria has decided under section 191 that—
(i) a rule was the only means available to address the matter addressed by the urgent safety rule; but
(ii) the urgent safety rule was not the most appropriate rule to be made to address that matter;
"urgent safety rule" means a rule relating to any matter for or with respect to the operations of vessels on waters and the other users of those waters that, if not made as a matter of urgency, will result in that matter imminently prejudicing or threatening the safety of the operations or use.
Pt 5.1 Div. 2 (Heading) amended by No. 34/2023 s. 127(Sch. 1 item 7.63).
Division 2—Safe Transport Victoria's power to make waterway rules