Victorian Consolidated Regulations Victorian Consolidated RegulationsS.R. No. 101/2017
Version incorporating amendments as at
1 March 2021
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Version No. 002
Owner Drivers and Forestry Contractors Regulations 2017
S.R. No. 101/2017
Version incorporating amendments as at
1 March
2021
Reg. 1 substituted by S.R. No. 4/2021 reg. 5.
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Owner Drivers and Forestry Contractors Regulations 2017, S.R. No. 101/2017 were made on 10 October 2017 by the Governor in Council under sections 27 and 66 of the Owner Drivers and Forestry Contractors Act 2005, No. 49/2005 and came into operation on 21 October 2017: regulation 3.
The Owner Drivers and Forestry Contractors Regulations 2017 will sunset 10 years after the day of making on 10 October 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).
This publication incorporates amendments made to the Owner Drivers and Forestry Contractors Regulations 2017 by statutory rules, subordinate instruments and Acts.
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Owner Drivers and Forestry Contractors Amendment Regulations 2021, S.R. No. 4/2021
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Date of Making: |
2.2.21 |
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Date of Commencement: |
1.3.21: reg. 3 |
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3 Amendments Not in Operation
This
version does not contain amendments that are not yet in operation.
[1] Reg. 4: S.R. No. 153/2006 as extended in operation by S.R. No. 124/2016.
[2] Sch. 1 cl. 8: Guidance on dispute resolution for owner drivers or contractors can be obtained at www.vsbc.vic.gov.au.
[3] Sch. 1 cl. 11: Guidance on the typical overhead costs for contractors can be obtained from the Rates and Costs Schedules published under section 15 of the Act, which are available at www.business.vic.gov.au.
[4] Sch. 1 cl. 18: Reasons set out in section 61 of the Act include: if the contractor has exercised a power or right under the Act, informed a person of a breach of the Act or Code, participated in joint negotiations, raised an issue concerning health and safety or sought to renegotiate a contract.