the statutory rule is sought to be made. The Minister’s request should provide sufficiently detailed information to satisfy the Premier that special circumstances exist that require the extension of the statutory rule. Once a Premier’s certificate has been obtained, the Minister may a certificate under section 5A(1). The certificate must contain the following information: a statement that the Minister is satisfied that, due to special circumstances, there is insufficient time to enable compliance with Part 2 in respect of a proposed statutory rule before the rule it is intended to replace is to be revoked by section 5; a statement that the Minister is satisfied that the statutory rule which would otherwise be revoked should be extended for a specified period not exceeding 12 months; and a description of the special circumstances that apply and the reasons why the extension is necessary. The special circumstances giving rise to the need for the extension must also be provided on the Explanatory Memorandum to the Governor in Council. Matters such as delay or oversight are not sufficient to justify a certificate under this section. Documentation checklists and publication requirements This section provides various checklists setting out the documents and certificates must accompany statutory rules and legislative instruments. Figure 5 on the following page provides a checklist of all documents accompanying subordinate legislation. The checklist specifies who these documents must be submitted to and the timeframes for submission. Boxes shaded in grey apply only to statutory rules (commonly known as ‘regulations’). The following documents are not applicable where subordinate legislation is exempt from the RIS process: certificate of RIS compliance (10(4) or 12H); copies of public submissions/comments; the Commissioner’s assessment of RIS; and competition policy certificate. Figure 5: Documentation required to accompany subordinate legislation shaded in grey apply only to statutory rules (commonly known as ‘regulations’) Documentation and relevant section of the Act Description Submitted to When Certificate Responsible Minister certifies if Governorin Council Before automatic recommending he/she is satisfied that, due to special (via Clerk of the revocation of extension of circumstances, there is insufficient Executive Council) existing statutory statutory rule time to comply with Part 2 of the Act rule (i.e. consultation, preparation of RIS) (if applicable) before automatic revocation of section 5A existing statutory rule Certificate of Responsible Minister Governorin certifies Council When proposed consultation consultation in accordance (via Clerk of with the statutory rule is Premier’s Guidelines Executive with any Council) other submitted to the Minister whose area of responsibility Governor in Council
the statutory rule is sought to be made. The Minister’s request should provide sufficiently detailed information to satisfy the Premier that special circumstances exist that require the extension of the statutory rule. Once a Premier’s certificate has been obtained, the Minister may a certificate under section 5A(1). The certificate must contain the following information: a statement that the Minister is satisfied that, due to special circumstances, there is insufficient time to enable compliance with Part 2 in respect of a proposed statutory rule before the rule it is intended to replace is to be revoked by section 5; a statement that the Minister is satisfied that the statutory rule which would otherwise be revoked should be extended for a specified period not exceeding 12 months; and a description of the special circumstances that apply and the reasons why the extension is necessary. The special circumstances giving rise to the need for the extension must also be provided on the Explanatory Memorandum to the Governor in Council. Matters such as delay or oversight are not sufficient to justify a certificate under this section. Documentation checklists and publication requirements This section provides various checklists setting out the documents and certificates must accompany statutory rules and legislative instruments. Figure 5 on the following page provides a checklist of all documents accompanying subordinate legislation. The checklist specifies who these documents must be submitted to and the timeframes for submission. Boxes shaded in grey apply only to statutory rules (commonly known as ‘regulations’). The following documents are not applicable where subordinate legislation is exempt from the RIS process: certificate of RIS compliance (10(4) or 12H); copies of public submissions/comments; the Commissioner’s assessment of RIS; and competition policy certificate. Figure 5: Documentation required to accompany subordinate legislation shaded in grey apply only to statutory rules (commonly known as ‘regulations’) Documentation and relevant section of the Act Description Submitted to When Certificate recommending extension of statutory rule (if applicable) section 5A Responsible Minister certifies if he/she is satisfied that, due to special circumstances, there is insufficient time to comply with Part 2 of the Act (i.e. consultation, preparation of RIS) before automatic revocation of existing statutory rule Governorin Council (via Clerk of the Executive Council) Before automatic revocation of existing statutory rule Certificate of consultation Responsible Minister certifies consultation in accordance with Premier’s Guidelines with any other Minister whose area of responsibility Governorin Council (via Clerk of the Executive Council) When proposed statutory rule is submitted to the Governor in Council
Victorian-Guide-to-Regulation-Toolkit-Requirements-and-processes-for-making-subordinate-legislation-Word.docx