Victorian Current Acts Victorian Current Acts(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) Without limiting any power of the Governor in Council to make regulations under this Act, the Governor in Council may make regulations—
(a) for or with respect to any of the matters set out in Schedule 1; or
(b) prescribing forms; or
(c) prescribing fees including, but not limited to—
(i) fees for doing an act or providing a service under this Act; and
S. 465(2)(c)(ia) inserted by No. 36/2022 s. 66(1).
(ia) fees for an act or service (including fees referred to in section 439(5)) provided by an approved motor vehicle tester under this Act or the regulations; and
S. 465(2)(c)(ib) inserted by No. 36/2022 s. 66(1).
(ib) variable fees for determining an application or accepting a submission under this Act or the regulations; and
(ii) in the case of fees prescribed for operating licences, fees that are higher than the cost of administration of, or provision of, services in connection with operating licences; or
S. 465(2)(ca) inserted by No. 36/2022 s. 66(2).
(ca) prescribing the method for calculating fees payable under this Act or the regulations for decisions in respect of applications, submissions or other matters, whether payable at the time the application, submission or other matter is made or at a later time; or
(d) regulating or prohibiting the waiver or refund of fees; or
(e) prescribing offences; or
(f) prescribing a penalty for any contravention of the regulations not exceeding—
(i) 100 penalty units for a natural person; or
(ii) 500 penalty units for a body corporate, or 5 times the penalty prescribed for such a contravention by a natural person, whichever is the lesser; or
(g) prescribing offences under this Act or the regulations to be infringement offences; or
(h) in relation to each infringement offence, prescribing the penalty in respect of the offence.
(3) Regulations made under this Act—
(a) may be of general or limited application;
(b) may differ according to differences in time, place or circumstance;
S. 465(3)(c) amended by No. 36/2022 s. 66(3).
(c) may leave any matter or thing to be from time to time approved, determined, applied, dispensed with declared or designated or regulated by a specified person or class of persons;
(d) may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified;
(e) may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons;
(f) subject to subsection (4), may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person or body—
(i) wholly or partially or as amended by the regulations; or
(ii) as formulated, issued, prescribed (whether under this or any other Act) or published at the time the regulations are made or at any time before then; or
(iii) as formulated, issued, prescribed (whether under this or any other Act) or published from time to time.
(4) For the purposes of subsection (3)(f), the Minister must ensure that the National Environment Protection Council is consulted before the Minister recommends that a regulation be made if it is proposed that the regulation is to incorporate a measure that is more stringent than a national environment protection measure.
(5) Before the Governor in Council makes regulations under subsection (1), the Minister must have regard to the principles of environment protection.
S. 465A inserted by No. 36/2022 s. 67.