Appendix G: Sunsetting regulations in 2012-13
and 2013-14
All regulations covered by the Subordinate Legislation Act 1994 (Vic) are revoked or
‘sunset’ after 10 years. This process of regular review has been in place in Victoria since
1985 and has contributed to the removal of unnecessary regulation.
The Victorian Guide to Regulation notes the importance of the 10-yearly review:
In order to replace sunsetting regulations, it is important to provide a strong
and clear demonstration that each restriction imposed by regulation is still
required. When replacing sunsetting regulation, whether in similar or modified
form, particular attention should be given to the following requirements
during the preparation of the Regulatory Impact Statement (RIS):

demonstrating that the nature and extent of the problem still require a
regulatory response

evaluating the actual effectiveness of the existing regulatory regime

substantiating that the particular regulatory response remains the best
solution

conducting the cost-benefit analysis in terms of a comparison with the
base case of an unregulated situation. (Government of Victoria 2011c,
p. 52)
The aim of this appendix is to assist stakeholders to identify regulations that will sunset
during 2012-13 and 2013-14, particularly those that will require a RIS. All government
departments were asked to verify and amend, where necessary, a list of sunsetting
regulations based on information provided by the Office of the Chief Parliamentary
Counsel. They were also asked to provide other relevant information about the
regulations, including whether a RIS might be required. This process also served to identify
agencies that might benefit from workshops the Commission offers on preparing RISs and
encourage early planning. All information was current at 8 August 2012.
Seventy-six regulations will sunset between 1 July 2012 and 30 June 2014. A RIS will be
prepared, is currently underway, completed or is expected to be developed for 30 of
these regulations. A RIS will not be prepared or is not expected to be prepared for
34 regulations. Departments identified four regulations that will not be re-made or have
been revoked. There are also eight regulations where the need to prepare a RIS is yet
to be decided.
SUNSETTING REGULATIONS IN 2012-13 AND 2013-14
83
Table G.1
Regulations that sunset or expire between 1 July
2012 and 30 June 2014l
Responsible
department/
agency
Minister
Sunset or
expiry date
RIS
required?
DSE
Water
2/07/2012
Noa
Companies Act 1961
Regulations 2002
DOJ
AttorneyGeneral
16/07/2012
No,
regulations
were
revoked
Infringements (General)
Regulations 2006
DOJ
AttorneyGeneral
17/07/2012
Nob
Electoral Regulations
2002
DOJ
AttorneyGeneral
3/09/2012
No
DH
Health
10/09/2012
Underwayc
11/09/2012
Underway
Regulation
Water (Groundwater)
Regulations 2002
Health Services (Private
Hospitals and Day
Procedure Centres)
Regulations 2002
Wildlife (Game)
Regulations 2001
DPI (and
DSE)
Environment
and Climate
Change
and
Agriculture
and Food
Securityd
Catchment and Land
Protection Regulations
2002
DSE
Environment
and Climate
Change
24/09/2012
Noe
Racing (Bookmakers)
Regulations 2002
DOJ
Racing
24/09/2012
No
Co-operatives
Regulations 2008
DOJ
Consumer
Affairs
28/09/2012
No
Magistrates’ Court (Fees,
Costs and Charges)
Interim Regulations 2012
DOJ
AttorneyGeneral
30/09/2012
Completed
Juries (Fees) Interim
Regulations 2012
DOJ
AttorneyGeneral
30/09/2012
Completed
DOJ
Consumer
Affairs
8/10/2012
No,
regulations
were
revoked
DOJ
Consumer
Affairs
22/10/2012
No,
regulations
were
revoked
Fair Trading (Prescribed
Safety Standard for Baby
Walkers) Regulations
2002
Fair Trading (Safety
Standard) (Bunk Beds)
Regulations 2002
84
ANNUAL REPORT 2011-12
Responsible
department/
agency
Minister
Sunset or
expiry date
RIS
required?
Mineral Resources
Development
Regulations 2002
DPI
Energy and
Resources
22/10/2012
Expectedf
National Parks (Point
Hicks Marine National
Park) Regulations 2002
DSE
Environment
and Climate
Change
29/10/2012
Nog
Environment Protection
(Fees) Regulations 2001
DSE
Environment
and Climate
Change
29/10/2012
Completed
Supreme Court Library
Fund (Investment) Rules
2002
DOJ
AttorneyGeneral
1/11/2012
Not
expected
Dangerous Goods
(Storage and Handling)
Interim Regulations 2011
DTF/
WorkSafe
Victoria
Finance
(WorkCover
and TAC)
1/12/2012
Underway
Gambling Regulation
(Pre-commitment)
Interim Regulations 2011
DOJ
Gaming
1/12/2012
Underway
Adoption (Intercountry
Fees) Regulations 2002
DHS
Community
Services
17/12/2012
To be
decided
Crimes (DNA Database)
Regulations 2002
DOJ
AttorneyGeneral
17/12/2012
No
Whistleblowers
Protection Regulations
2001
DOJ
Responsible
for the
establishment
of an anticorruption
commission
17/12/2012
To be
decided
Supreme Court (Fees)
Regulations 2001
DOJ
AttorneyGeneral
17/12/2012
Underway
County Court (Court
Fees) Order 2001
DOJ
AttorneyGeneral
17/12/2012
Underway
Victorian Civil and
Administrative Tribunal
(Fees) Regulations 2001
DOJ
AttorneyGeneral
17/12/2012
Underway
Bail Regulations 2003
DOJ
AttorneyGeneral
22/01/2013
No
Police Regulations 2003
DOJ
Police and
Emergency
Services
22/01/2013
No
Land Conservation
(Vehicle Control)
Regulations 2003
DSE
Environment
and Climate
Change
29/01/2013
Expected
Regulation
SUNSETTING REGULATIONS IN 2012-13 AND 2013-14
85
Responsible
department/
agency
Minister
Sunset or
expiry date
RIS
required?
Environment Protection
(Vehicle Emissions)
Regulations 2003
EPA
Environment
and Climate
Change
29/01/2013
Underway
Members of Parliament
(Register of Interests)
Regulations 2003
DPC
Premier
29/01/2013
Not
expected
Parliamentary
Allowances Regulations
2003
DPC
Premier
29/01/2013
Not
expected
Parliamentary
Committees Regulations
2003
DPC
Premier
29/01/2013
Not
expected
Public Authorities
(Dividends) Regulations
2003
DTF
Treasurer
19/02/2013
Not
expected
Water Industry
(Prescribed Persons)
Regulations 2003
DSE
Water
24/02/2013
Noh
Private Agents
Regulations 2003
DOJ
Consumer
Affairs
2/04/2013
No
Planning and
Environment (Fees)
Interim Regulations 2012
DPCD
Planning
22/04/2013
Underwayi
Subdivision (Fees) Interim
Regulations 2012
DPCD
Planning
22/04/2013
Underwayj
Retail Leases Regulations
2003
DBI
Innovation,
Services and
Small Business
23/04/2013
Underway
DSE
Environment
and Climate
Change
23/04/2013
Expected
DSE/Office
of Water
Water
27/05/2013
Expected
DPCD
Planning
3/06/2013
Not
expected
Conservation, Forests
and Lands (Infringement
Notice) Regulations 2002
DSE
Environment
and Climate
Change
24/06/2013
No
Electricity Industry
(Prohibited Interest)
Regulations 2003
DPI
Energy and
Resources
24/06/2013
Not
expectedk
Regulation
Zoological Parks and
Gardens Regulations
2003
Water (Lake Eildon
Recreational Area)
(Houseboats)
Regulations 2003
Building and
Construction Industry
Security of Payment
Regulations 2003
86
ANNUAL REPORT 2011-12
Regulation
Responsible
department/
agency
Minister
Sunset or
expiry date
RIS
required?
Electricity Safety (Bushfire
Mitigation) Regulations
2003
DPI
Energy and
Resources
24/06/2013
Expected
National Parks (Park)
Regulations 2003
DSE
Environment
and Climate
Change
24/06/2013
Expected
24/06/2013
Expected
Wildlife Regulations 2002
Cancer (BreastScreen
Victoria Registry)
Regulations 2003
DSE (and
DPI)
Environment
and Climate
Change
and
Agriculture
and Food
Securityl
DH
Health
1/07/2013
To be
decided
Partnership (Limited
Partnerships) Regulations
2003
DOJ
Consumer
Affairs
27/07/2013
No
Supreme Court
(Corporations) Rules 2003
DOJ
AttorneyGeneral
30/09/2013
No
Outworkers (Improved
Protection) Regulations
2003
DBI
Employment
and Industrial
Relations
21/10/2013
To be
decided
Public Record
Regulations 2003
DPC
Premier
25/11/2013
To be
decided
Valuation of Land
(General and
Supplementary
Valuation) Regulations
2003
DSE
Environment
and Climate
Change
16/12/2013
Expected
Victims of Crime
Assistance (Delegation)
Regulations 2003
DOJ
AttorneyGeneral
16/12/2013
No
Marine Safety
Regulations 2012m
DOT
Ports
21/12/2013
Expected
Charter of Human Rights
and Responsibilities
(Public Authorities)
Regulations 2009
DOJ
AttorneyGeneral
27/12/2013
To be
decided
Country Fire Authority
Regulations 2004
DOJ
Police and
Emergency
Services
28/01/2014
To be
decided
SUNSETTING REGULATIONS IN 2012-13 AND 2013-14
87
Responsible
department/
agency
Minister
Sunset or
expiry date
RIS
required?
Police Regulation (Fees
and Charges)
Regulations 2004
DOJ
Police and
Emergency
Services
3/02/2014
Expected
Australian Crime
Commission (State
Provisions) Regulations
2004
DOJ
Police and
Emergency
Services
25/02/2014
No
Health Services
(Prescribed Regions)
Regulations 2004
DH
Health
2/03/2014
No
Survey Co-ordination
Regulations 2004
DSE
Environment
and Climate
Change
10/03/2014
Expected
DPCD
Local
Government
20/04/2014
Not
expected
Transfer of Land
(General) Regulations
2004
DSE
Environment
and Climate
Change
11/05/2014
Expected
Financial Management
Regulations 2004
DTF
Finance
18/05/2014
Not
expected
DPCD
Planning
21/05/2014
To be
decided
Supreme Court
(Administration and
Probate) Rules 2004
DOJ
AttorneyGeneral
27/05/2014
No
Child Employment
Regulations 2004
DBI
Employment
and Industrial
Relations
8/06/2014
Expected
Crimes (Confiscation)
Regulations 2004
DOJ
AttorneyGeneral
8/06/2014
No
Drugs, Poisons and
Controlled Substances
(Confiscation)
Regulations 2004
DOJ in
consultation
with DH
Mental
Health
8/06/2014
No
Drugs, Poisons and
Controlled Substances
(Volatile Substances)
Regulations 2004
DOJ in
consultation
with DH
Mental
Health
22/06/2014
Not
Expected
VRQA
Higher
Education
and Skills
22/06/2014
No
DSE
Environment
and Climate
Change
29/06/2014
Expected
Regulation
Local Government
(Finance and Reporting)
Regulations 2004
Architects Regulations
2004
Tertiary Education (Fees)
Regulations 2004
Forests (Fire Protection)
Regulations 2004
88
ANNUAL REPORT 2011-12
Responsible
department/
agency
Minister
Sunset or
expiry date
RIS
required?
Freedom of Information
(Access Charges)
Regulations 2004
DOJ
Responsible
for the
establishment
of anticorruption
commission
29/06/2014
Expected
Monetary Units
Regulations 2004
DTF
Treasurer
29/06/2014
Not
expected
Parole Orders (Transfer)
Regulations 2004
DOJ
Corrections
29/06/2014
No
Port Management (Local
Ports) Regulations 2004
DOT
Ports
29/06/2014
Expected
Prisoners (Interstate
Transfer) Regulations
2004
DOJ
Corrections
29/06/2014
No
Regulation
Notes:
a These Regulations were revoked on 1 July 2012 by regulation 4 of the Water (Drillers' Licences)
Regulations 2012. b The expiry date of the Infringements (General) Regulations 2006 has been
extended to 27 June 2016. c The Department intends to apply for a 12 month extension to the
Regulations to allow any changes from the review of part 4 of the Health Act to be considered in
these Regulations. d The responsibility for game management was transferred to the Department of
Primary Industries (DPI). The Regulations are being remade by DPI, in consultation with the
Department of Sustainability and Environment. e Regulations being led by DPI (in consultation with
DSE). f A 12 month extension is being sought to allow the operation of the regulations to 22 October
2013. g The National Parks (Point Hicks Marine National Park) Regulations 2002 were consolidated
into the National Parks (Park) Regulations 2003 under the National Parks (Park) Amendment
Regulations 2011. h Not required, relevant Parts of the Water Industry Act 1994 have been revoked. i
These interim regulations were approved by Governor in Council on 17 July 2012 and came into
operation on 22 July 2012. They were prepared without a RIS under a Premier’s exemption
certificate. The Planning and Environment (Fees) Interim Regulations 2011 were revoked by the
interim regulations. j These interim regulations were approved by Governor in Council on 17 July
2012 and came into operation on 22 July 2012. They were prepared without a RIS under a Premier’s
exemption certificate. The current Subdivision (Fees) Interim Regulations 2011 were revoked by the
interim regulations. k The contents of these regulations will eventually be subsumed as part of the
national energy market reform program. Subject to the progress of the national program, these
regulations may be allowed to lapse. l The regulations are being remade by DSE (in consultation
with DPI). m Only certain parts of the Marine Safety Regulations 2012 are due to expire on
21/12/2013 — Regulations 31, 32, and Part 13. A RIS is expected for Part 13 (fees).
Sources: OCPC 2011; 2012a; 2012b; VCEC 2011h.
SUNSETTING REGULATIONS IN 2012-13 AND 2013-14
89