Victorian Numbered Acts

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 177

After section 6 of the Subordinate Legislation Act 1994 insert —

        "6A.     Infringements offence consultation certificate

    (1)     If a proposed statutory rule provides for the enforcement of an offence against the statutory rule by an infringement notice, whether under the Infringements Act 2006 or otherwise, the responsible Minister must certify—

        (a)     that the Department of Justice has been consulted about—

              (i)     the enforcement of the proposed statutory rule by infringement notice; and

              (ii)     the suitability of the proposed statutory rule to be an infringement offence enforced under the Infringements Act 2006 ; and

        (b)     that the Attorney-General's guidelines within the meaning of the Infringements Act 2006 have been taken into account in the preparation of the proposed statutory rule; and

        (c)     that the Minister is satisfied that the proposed statutory rule—

              (i)     meets the requirements of those guidelines; or

              (ii)     does not meet the requirements of those guidelines but should be made despite not meeting those requirements because of the reasons specified in the certificate.

    (2)     The responsible Minister must ensure that a copy of the certificate under sub-section (1) is given to the Scrutiny Committee as soon as practicable after the statutory rule is made.

    (3)     A copy of the certificate under sub-section (1) must be laid before each House of the Parliament at the same time as the statutory rule is so laid under section 15.".