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EDUCATION AND TRAINING REFORM REGULATIONS 2017 - NOTES

Version No. 009

S.R. No. 44/2017
Version incorporating amendments as at
28 June 2022

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Version No. 009

Education and Training Reform Regulations 2017

S.R. No. 44/2017

Version incorporating amendments as at
28 June 2022

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Education and Training Reform Regulations 2017, S.R. No. 44/2017 were made on 14 June 2017 by the Governor in Council under sections 5.10.1 and 5.10.2 of, and Schedule 5 to, the Education and Training Reform Act 2006, No. 24/2006 and came into operation on 25 June 2017: regulation 3.

The Education and Training Reform Regulations 2017 will sunset 10 years after the day of making on 14 June 2027 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Education and Training Reform Regulations 2017 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Education and Training Reform Regulations 2017, S.R. No. 44/2017 (as amended by S.R. Nos 143/2020, 24/2021)

Date of Making:

14.6.17

Date of Commencement:

Reg. 123 inserted on 11.8.20 by S.R. No. 81/2020 reg. 3

Note:

Reg. 123 revoked Pt 13 (regs 121−123) on 16.12.21

Education and Training Reform Amendment Regulations 2019, S.R. No. 134/2019

Date of Making:

10.12.19

Date of Commencement:

20.1.20: reg. 3

Education and Training Reform Amendment (COVID-19 Emergency Measures) Regulations 2020, S.R. No. 81/2020

Date of Making:

11.8.20

Date of Commencement:

11.8.20

Education and Training Reform Amendment (COVID-19 Emergency Measures Extension) Regulations 2020, S.R. No. 143/2020

Date of Making:

22.12.20

Date of Commencement:

29.12.20: reg. 3

Education and Training Reform Amendment (COVID-19 Emergency Measures Extension) Regulations 2021, S.R. No. 24/2021

Date of Making:

30.3.21

Date of Commencement:

30.3.21

Education and Training Reform Amendment Regulations 2021, S.R. No. 25/2021

Date of Making:

30.3.21

Date of Commencement:

18.6.21: reg. 3

Education and Training Reform Amendment Regulations 2022, S.R. No. 6/2022

Date of Making:

8.2.22

Date of Commencement:

2.5.22: reg. 3

Education and Training Reform Amendment (School Community Safety Orders) Regulations 2022, S.R. No. 43/2022

Date of Making:

15.6.22

Date of Commencement:

28.6.22: reg. 3

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    3     Explanatory details

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74 and for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 44/2017 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 5
Definition of Melbourne Statistical Area

Australian Statistical Geography Standard (ASGS): Volume 1 – Main Structure and Greater Capital City Statistical Areas, July 2016, published by the Australian Bureau of Statistics

The provisions and maps describing the Melbourne Statistical Division

Regulation 5
Definition of Urban Centre

Australian Statistical Geography Standard (ASGS): Volume 4 – Significant Urban Areas, Urban Centres and Localities, Section of State, July 2011, published by the Australian Bureau of Statistics

The provisions and maps describing Urban Centres in Victoria



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