Victorian Current Acts

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SERVICE VICTORIA ACT 2018 - SECT 10

Transfer of identity verification functions

S. 10(1) substituted by No. 6/2022 s. 10.

    (1)     Subject to subsection (3), the Minister and the service agency Minister may agree for the Service Victoria CEO to perform an identity verification function that—

        (a)     is conferred on a service agency under an enactment (whether express or implied); and

        (b)     is to be prescribed as a transferred identity verification function.

    (2)     An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.

    (3)     If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—

        (a)     the identity verification function is to be prescribed as a transferred identity verification function; and

        (b)     as a result of that prescription, the Service Victoria CEO is to perform the function.

    (4)     A copy of a notice under subsection (3) must be given to the service agency head and the Service Victoria CEO.

    (5)     Despite anything to the contrary in the enactment that confers an identity verification function on a service agency, on the commencement of a regulation that prescribes the identity verification function to be a transferred identity verification function—

        (a)     the identity verification function is to be performed by the Service Victoria CEO; and

        (b)     the service agency cannot perform the identity verification function unless it is delegated to the service agency head under section 13.

    (6)     A regulation prescribing an identity verification function to be a transferred identity verification function must not be made unless—

        (a)     an agreement has been made under subsection (1) in respect of that function; or

        (b)     a notice has been published under subsection (3) in respect of that function.



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