Victorian Numbered Acts Victorian Numbered ActsAfter Part 8 of the Principal Act insert —
(1) The Minister, in accordance with this Part, may make Codes of Practice that—
(a) specify standards and procedures for the carrying out of any of the objectives or purposes of this Act or the regulations made under this Act; and
(b) provide practical guidance to persons on complying with their obligations under this Act or the regulations made under this Act.
(2) A Code of Practice may apply, adopt or incorporate any matter contained in any document, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether—
(a) wholly or partially or as amended by the Code of Practice; or
(b) as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then; or
(c) as formulated, issued, prescribed or published from time to time.
The Minister, in accordance with this Part, may vary or revoke a Code of Practice at any time.
(1) The Minister must give notice of—
(a) any draft Code of Practice which the Minister proposes to make;
(b) any variation of a Code of Practice which the Minister proposes to make;
(c) any revocation of a Code of Practice which the Minister proposes to make.
(2) A notice under sub-section (1) must—
(a) state where a copy of the draft Code of Practice, variation or revocation (as the case requires) may be obtained; and
(b) state that submissions may be made to the Minister within 28 days of the publication of the notice; and
(c) be published—
(i) in the Government Gazette; and
(ii) in a newspaper circulating generally throughout the State.
(3) Sub-section (1) does not apply to any proposed variation to a Code of Practice—
(a) to correct a clerical mistake; or
(b) to correct an error arising from an accidental slip or omission; or
(c) to update references.
The Minister must consider any submissions received by the Minister within the time specified in section 89C(2)(b).
(1) After the Minister has considered any submissions, the Minister may make the Code of Practice or the variation or revocation of the Code of Practice.
(2) On the making of a Code of Practice or a variation or revocation of a Code of Practice the Minister must cause to be published in the Government Gazette notice of—
(a) the making of the Code of Practice or the variation or revocation of the Code of Practice; and
(b) in the case of the making of the Code of Practice or any variation, the place where copies of the Code of Practice may be obtained.
(3) A Code of Practice or a variation or revocation of a Code of Practice takes effect on—
(a) the date that the notice under sub-section (2) is published in the Government Gazette; or
(b) any later date specified in the notice.
A Code of Practice and any documents incorporated in a Code of Practice must be made available for public inspection free of charge—
(a) at the principal office of the Department and major regional offices of the Department; or
(b) in electronic form published on the Department's Internet site.
A person is not liable to any civil or criminal proceedings only because the person has failed to observe any provision of a Code of Practice.
If in any proceeding under this Act it is alleged that a person contravened a provision of this Act in relation to which a Code of Practice was in effect at the time of the alleged contravention—
(a) the Code of Practice is admissible in evidence in that proceeding; and
(b) if the court is satisfied in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention that—
(i) a provision of the Code of Practice is relevant to that matter; and
(ii) the person failed at any material time to observe that provision—
that matter must be taken as proved unless the court is satisfied that in respect of that matter the person complied with the provision of this Act otherwise than by way of observance of that provision of the Code of Practice.".