Victorian Current Acts

WATER INDUSTRY ACT 1994 - SECT 184

    (1)     The Governor in Council may make regulations for or with respect to—

        (a)     the conservation and efficient use of water including—

              (i)     the standards, criteria and procedures to be used for measuring the efficiency of water use of specified classes of private works, fittings and apparatus and the testing, marking and labelling of such works, fittings and apparatus;

S. 184(1)(a)(ii) substituted by No. 39/1996 s. 13(3).

              (ii)     the safe operation of licensees' water supply or sewerage systems;

        (b)     any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

    (2)     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 the power is exercised—

              (i)     the same provision for all cases in relation to which the power is exercised, or different provisions 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.

    (3)     Regulations made under this Act may be made—

        (a)     so as to apply—

              (i)     at all times or at a specified time; or

              (ii)     throughout the whole of the State or in a specified part of the State; or

              (iii)     as specified in both subparagraphs (i) and (ii); 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 a specified class of person; or

              (iii)     as specified in both subparagraphs (i) and (ii); and

        (c)     so as to apply, adopt or incorporate any matter contained in any document whatsoever whether—

              (i)     wholly or partially or as amended by the regulations; or

              (ii)     as in force at a particular time or as in force from time to time; and

        (d)     so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

        (e)     so as to provide in a specified case or class of case for the exemption of people or things or a class of people or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and

        (f)     so as to impose a penalty for a contravention of the regulations, not exceeding 20 penalty units and, in the case of a continuing offence, an additional penalty not exceeding 5 penalty units for each day on which the offence continues—

              (i)     after service of a notice of contravention on the person under section 69; or

              (ii)     if no notice of contravention is served, after conviction of the person for the offence.