Appendix D:
Sunsetting regulations in
2013-14 and 2014-15
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 2011, 52)
The aim of this appendix is to assist stakeholders to identify regulations that will sunset
between or expire between 1 July 2013 and 31 December 2015, 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 31 July 2013.
Ninety-seven regulations will sunset between 1 July 2013 and 31 December 2015. A RIS
will be prepared, is currently underway, completed or is expected to be developed for
39 of these regulations. A RIS will not be prepared or is not expected to be prepared for
40 regulations. Departments identified 4 regulations that will not be re-made or have
been revoked. There are also 14 regulations where the need to prepare a RIS is yet to
be decided.
SUNSETTING REGULATIONS IN 2013-14 AND 2014-15
1
Regulations that sunset or expire between 1 July
2013 and 31 December 2015
Regulation
Responsible
department/
agency
Minister
Sunset or
expiry date? RIS required?
Cancer (Breast Screen
Victoria Registry)
Regulations 2003
DOH
Health
1/07/2013
No
Partnership (Limited
Partnerships) Regulations
2003
DOJ
Consumer
Affairs
22/07/2013
No.
Regulations
were
revoked
Health Services (Private
Hospitals and Day
Procedure Centres)
Regulations 2002
DOH
Health
9/09/2013
Completed
National Parks (Park)
Regulations 2003
DEPI
Environment
and Climate
Change
23/09/2013
Completed
Supreme Court
(Corporations) Rules 2003
DOJ
AttorneyGeneral
30/09/2013
No
Planning and Environment
(Fees) Interim Regulations
2013
DTPLI
Planning
20/10/2013
Underway
Subdivision (Fees) Interim
Regulations 2013
DTPLI
Planning
20/10/2013
Underway
Outworkers (Improved
Protection) Regulations
2003
DTF
Industrial
Relations
21/10/2013
To be
decided
Mineral Resources
Development Regulations
2002
DSDBI
Energy and
Resources
21/10/2013
Completed
Public Record Regulations
2003
DPC
Premier
25/11/2013
No
Victims of Crime Assistance
(Delegation) Regulations
2003
DOJ
AttorneyGeneral
16/12/2013
No
Valuation of Land (General DTPLI
and Supplementary
Valuation) Regulations 2003
Planning
16/12/2013
Expected
Charter of Human Rights
and Responsibilities (Public
Authorities) Regulations
2009
AttorneyGeneral
27/12/2013
To be
decided
2
DOJ
ANNUAL REPORT 2012-13
Regulation
Responsible
department/
agency
Minister
Sunset or
expiry date? RIS required?
Environment Protection
(Vehicle Emissions)
Regulations 2003
DEPI
Environment
and Climate
Change
28/01/2014
Completed
Country Fire Authority
Regulations 2004
DOJ
Police and
Emergency
Services
28/01/2014
To be
decided
Parliamentary Allowances
Regulations 2003
DPC
Premier
29/01/2014
No.
Regulations
were
revoked
Parliamentary Committees
Regulations 2003
DPC
Premier
29/01/2014
No.
Regulations
were
revoked
Police Regulation (Fees and DOJ
Charges) Regulations 2004
Police and
Emergency
Services
3/02/2014
Expected
Australian Crime
DOJ
Commission (State
Provisions) Regulations 2004
Police and
Emergency
Services
25/02/2014
No
Health Services (Prescribed
Regions) Regulations 2004
DOH
Health
2/03/2014
No
Survey Coordination
Regulations 2004
DTPLI
Planning
10/03/2014
Expected
Local Government
(Finance and Reporting)
Regulations 2004
DTPLI
Local
20/04/2014
Government
Expected
Financial Management
Regulations 2004
DTF
Finance
18/05/2014
Not
expected
Architects Regulations 2004 DTPLI
Planning
21/05/2014
To be
decided
Supreme Court
(Administration and
Probate) Rules 2004
DOJ
AttorneyGeneral
27/05/2014
No
Child Employment
Regulations 2004
DSDBI
Employment
and Trade
8/06/2014
Expected
Crimes (Confiscation)
Regulations 2004
DOJ
AttorneyGeneral
8/06/2014
No
SUNSETTING REGULATIONS IN 2013-14 AND 2014-15
3
Regulation
Responsible
department/
agency
Minister
Sunset or
expiry date? RIS required?
Drugs, Poisons and
Controlled Substances
(Confiscation) Regulations
2004
DOJ
DH
Mental
Health
8/06/2014
No
Drugs, Poisons and
Controlled Substances
(Volatile Substances)
Regulations 2004
DOJ
DH
Mental
Health
22/06/2014
Not
expected
Tertiary Education (Fees)
Regulations 2004
DEECD
Education
and Skills
22/06/2014
No
Monetary Units Regulations
2004
DTF
Treasurer
29/06/2014
Not
expected
Forests (Fire Protection)
Regulations 2004
DEPI
Environment
and Climate
Change
29/06/2014
Expected
Prisoners (Interstate Transfer) DOJ
Regulations 2004
Corrections
29/06/2014
No
Freedom of Information
(Access Charges)
Regulations 2004
DOJ
AttorneyGeneral
29/06/2014
Expected
Parole Orders (Transfer)
Regulations 2004
DOJ
Corrections
29/06/2014
No
Port Management (Local
Ports) Regulations 2004
DTPLI
Ports
29/06/2014
Expected
Subordinate Legislation
Regulations 2004
DPC
Premier
13/07/2014
Not
Expected
Treasury Corporation of
DTF
Victoria (Prescribed
Agencies) Regulations 2004
Treasurer
21/07/2014
Not
expected
Court Security Regulations
2004
DOJ
AttorneyGeneral
27/07/2014
To be
decided
Corrections (Victims
Register) Regulations 2004
DOJ
Corrections
24/08/2014
No
Subdivision (Registrar's Fees) DTPLI
Regulations 2004
Planning
21/09/2014
Expected
Instruments (Fees)
Regulations 2004
DTPLI
Planning
21/09/2014
No
Property Law (Fees)
Regulations 2004
DTPLI
Planning
21/09/2014
No
4
ANNUAL REPORT 2012-13
Regulation
Responsible
department/
agency
Minister
Sunset or
expiry date? RIS required?
Transfer of Land (Fees)
Regulations 2004
DTPLI
Planning
21/09/2014
Expected
Sex Offenders Registration
Regulations 2004
DOJ
Police and
Emergency
Services
28/09/2014
No
Sex Work (Fees) Regulations DOJ
2004
Minister for
Consumer
Affairs
26/10/2014
Yes
Local Government
(General) Regulations 2004
DTPLI
Minister for
26/10/2014
Local
Government
Not
expected
Crimes (Search Warrant)
Regulations 2004
DOJ
AttorneyGeneral
16/11/2014
No
Wildlife (State Game
Reserve) Regulations 2004
DEPI
Agriculture
and Food
Security and
Minister for
Environment
and Climate
Change
30/11/2014
Expected
Royal Botanic Gardens
Regulations 2004
DEPI
Environment
and Climate
Change
30/11/2014
To be
decided
Agricultural Veterinary
Chemicals (Control of Use)
(Infringement Notices)
Regulations 2004
DEPI
Agriculture
and Food
Security
7/12/2014
No
Environment Protection
DEPI
(Environment and Resource
Efficiency Plans)
Regulations 2007
Environment
and Climate
Change
31/12/2014
Noa1
Co-operative Housing
Societies Regulations 2005
DTF
Treasurer
18/01/2015
Not
expected
Credit Regulations 2004
DOJ
Consumer
Affairs
24/01/2015
No
Credit (Administration)
Regulations 2004
DOJ
Consumer
Affairs
31/01/2015
No
Surveying (Registration
Fees) Regulations 2005
DTPLI
Planning
1/03/2015
Expected
Heritage (General)
Regulations 2005
DTPLI
Planning
12/04/2015
To be
decided
SUNSETTING REGULATIONS IN 2013-14 AND 2014-15
5
Regulation
Responsible
department/
agency
Minister
Sunset or
expiry date? RIS required?
Casino Control (Licence
Fees) Regulations 2005
DOJ
Liquor and
Gaming
Regulation
27/04/2015
Expected
Sale of Land Regulations
2005
DOJ
Consumer
Affairs
10/05/2015
No
Wrongs (Part VBA Claims)
Regulations 2005
DOJ
AttorneyGeneral
10/05/2015
To be
decided
Planning and Environment
Regulations 2005
DTPLI
Planning
17/05/2015
Not
Expected
Casino Control (Boundary
Redefinition Fee)
Regulations 2005
DOJ
Liquor and
Gaming
Regulation
24/05/2015
Expected
Meat Industry Regulations
2005
DEPI
Agriculture
and Food
Security
7/06/2015
Expected
Surveying (Cadastral
Surveys) Regulations 2005
DTPLI
Planning
15/06/2015
Expected
Magistrates' Court
(Occupational Health and
Safety) Rules 2005
DOJ
AttorneyGeneral
16/06/2015
No
Gambling Regulation
(Signage) Regulations 2005
DOJ
Liquor and
Gaming
Regulation
21/06/2015
Expected
Gambling Regulation
Regulations 2005
DOJ
Liquor and
Gaming
Regulation
21/06/2015
Expected
Road Management
(General) Regulations 2005
DTPLI
Roads
21/06/2015
Expected
Road Management (Works
and Infrastructure)
Regulations 2005
DTPLI
Roads
21/06/2015
Expected
Audit (Public Bodies)
Regulations 2005
DTF
Treasurer
28/06/2015
Not
Expected
Cemeteries and
Crematoria Regulations
2005
DOH
Health
28/06/2015
Expected
Major Crime (Investigative
Powers) Regulations 2005
DOJ
AttorneyGeneral
28/06/2015
Not
Expected
6
ANNUAL REPORT 2012-13
Regulation
Responsible
department/
agency
Minister
Sunset or
expiry date? RIS required?
Private Security Regulations DOJ
2005
Police and
Emergency
Service
28/06/2015
Yes
Transport (Conduct)
Regulations 2005
DTPLI
Public
Transport
28/06/2015
Expected
Transport (Passenger
Vehicles) Regulations 2005
DTPLI
Public
Transport
28/06/2015
Expected
Transport (Taxi-Cabs)
Regulations 2005
DTPLI
Public
Transport
28/06/2015
Expected
Electricity Safety (Electric
Line Clearance)
Regulations 2010
DSDBI
Energy and
Resources
29/06/2015
Expected
Safe Drinking Water
Regulations 2005
DOH
Health
19/07/2015
Expected
Dangerous Goods
Regulations 2005
VWA
Treasurer
2/08/2015
To be
decided
Local Government
DTPLI
(Electoral) Regulations 2005
Local
9/08/2015
Government
Expected
Corrections (Police Gaols)
Regulations 2005
Corrections
24/08/2015
No
Agricultural and Veterinary DEPI
Chemicals (Control of Use)
(Fertilisers) Regulations 2005
Agriculture
and Food
Security
4/10/2015
Not
expected
Metropolitan Fire Brigades
(General) Regulations 2005
DOJ
Police and
Emergency
Services
25/10/2015
Expected
Supreme Court (Adoption)
Rules 2005
DOJ
AttorneyGeneral
27/10/2015
No
Non-Emergency Patient
Transport Regulations 2005
DOH
Health
8/11/2015
To be
decided
Food (Forms and
Registration) Regulations
2005
DOH
Health
22/11/2015
Not
Expected
Charities Regulations 2005
DOJ
AttorneyGeneral
22/11/2015
To be
decided
Supreme Court (General
Civil Procedure) Rules 2005
DOJ
AttorneyGeneral
24/11/2015
No
DOJ
SUNSETTING REGULATIONS IN 2013-14 AND 2014-15
7
Regulation
Domestic Animals
Regulations 2005
Responsible
department/
agency
Sunset or
expiry date? RIS required?
Agriculture
and Food
Security
29/11/2015
Expected
Legal Profession Regulations DOJ
2005
AttorneyGeneral
29/11/2015
To be
decided
Agricultural and Veterinary
Chemicals (Control of Use)
(Ruminant Feed)
Regulations 2005
DEPI
Agriculture
and Food
Security
13/12/2015
Not
expected
Transport (Taxi-Cab
Licences - Market and
Trading) Regulations 2005
DTPLI
Public
Transport
13/12/2015
Expected
Magistrates' Court (Judicial
Registrars) Rules 2005
DOJ
AttorneyGeneral
15/12/2015
No
Land Tax Regulations 2005
SRO
Treasurer
20/12/2015
To be
decided
Public Administration
(Review of Actions)
Regulations 2005
DPC
Premier
20/12/2015
To be
decided
Estate Agents (Exemption)
Regulations 2005
DOJ
AttorneyGeneral
20/12/2015
No
Liquor Control Reform
(Prohibited Supply)
Regulations 2005
DOJ
Liquor and
Gaming
Regulation
20/12/2015
Expected
Note:
DEPI
Minister
a To be allowed to sunset
Sources: OCPC 2013a; OCPC 2013b; OCPC 2013c; VCEC 2012.
8
ANNUAL REPORT 2012-13