Statutory Rules
- What is a Statutory Rule?
- How do I find out if a Statutory Rule is being drafted?
- What is a Regulatory Impact Statement (RIS)?
- How do I find out if a Statutory Rule has been made?
- How do I know when a copy of a Statutory Rule is obtainable?
- How do I find out whether a Statutory Rule has been made under an Act?
- How do I find out if a Statutory Rule has commenced?
- How do I obtain a copy of a Statutory Rule?
- How do I find out whether a Statutory Rule has been amended?
- How can I find out if a Statutory Rule is still in force?
- How long does a Statutory Rule last?
1. What is a Statutory Rule?
A Statutory Rule is subordinate legislation made under the authority of an Act of Parliament.
Statutory Rules commonly take the form of regulations that are made by the Governor in Council (that is, the Governor with the advice of Ministers). The Subordinate Legislation Act 1994 applies to the making, printing and publishing of Statutory Rules.
The Premier publishes guidelines for Statutory Rules under section 26 of the Subordinate Legislation Act 1994.
For more information see Subordinate Legislation Act 1994 on the Victorian Law Today and Statutory Rules - Notes for the Guidance of Legislation Officers in Drafting Practices.
2. How do I find out if a Statutory Rule is being drafted?
For any information about a proposed Statutory Rule, you should contact the government Department responsible for the Act under which the Statutory Rule would be made.
For confidentiality reasons, OCPC is not able to advise you whether or not a particular Statutory Rule or a Statutory Rule on a particular subject is being drafted.
3. What is a Regulatory Impact Statement (RIS)?
Under the Subordinate Legislation Act 1994, proposed Statutory Rules (with some exceptions) must be released for public comment accompanied by a Regulatory Impact Statement (RIS). The RIS contains information about the Statutory Rule and analyses the costs and benefits of the Statutory Rule.
To find out more about the RIS process, you can consult the Victorian Competition and Efficiency Commission website.
4. How do I find out if a Statutory Rule has been made?
You can obtain this information electronically by consulting:
5. How do I know when a copy of a Statutory Rule is obtainable?
You can obtain this information electronically by consulting:
6. How do I find out whether a Statutory Rule has been made under an Act?
You can obtain this information electronically by consulting:
or by consulting the following hard copy publications:
For hard copy availability, see General Questions No.3.
7. How do I find out if a Statutory Rule has commenced?
As a general rule, a Statutory Rule comes into operation on the date it is made, unless the Statutory Rule provides otherwise.
The Subordinate Legislation Act 1994 provides for the commencement and operation of Statutory Rules.
For details of commencements see Commencement Information in Publications on this website.
8. How do I obtain a copy of a Statutory Rule?
9. How do I find out whether a Statutory Rule has been amended?
You can obtain this information electronically by consulting:
or by consulting the following hard copy publications:
For hard copy availability, see General Questions No.3.
10. How can I find out if a Statutory Rule is still in force?
You can obtain this information electronically by consulting:
or by consulting the following hard copy publications:
For hard copy availability, see General Questions No.3.
11. How long does a Statutory Rule last?
Generally, a Statutory Rule lasts for 10 years, unless it is revoked earlier. This is provided for in section 5 of the Subordinate Legislation Act 1994.
There are some exceptions in that section and there is also provision for an extension of up to 12 months in some cases.
Sometimes a Statutory Rule itself contains a date on which it will expire. This is called a sunset provision.