The Week in Review: New Statutory Rules Notified by Tasmanian Parliament

Friday 10 November 2017 @ 9.22 a.m. | Legal Research

It has been a busy legislative week in Tasmania, with 11 new Statutory Rules notified by the Tasmanian Parliament. They are:

  • Associations Incorporation Regulations 2017 (SR 2017, No 71);
  • Associations Incorporation (Model Rules) Regulations 2017 (SR 2017, No 72);
  • Australian Consumer Law (Tasmania) (Code of Practice for Fuel Price Boards) Regulations 2017 (SR 2017, No 73);
  • Proclamation under the Community Protection (Offender Reporting) Amendment Act 2016 (SR 2017, No 74);
  • Community Protection (Offender Reporting) Amendment Regulations 2017 (SR 2017, No 75);
  • Proclamation under the Domestic Violence Orders (National Recognition) Act 2016 (SR 2017, No 76);
  • Domestic Violence Orders (National Recognition) Regulations 2017 (SR 2017, No 77);
  • Environmental Management and Pollution Control (Amendment of Schedule 2) Order 2017 (SR 2017, No 78);
  • Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment Regulations 2017 (SR 2017, No 79);
  • Environmental Management and Pollution Control (General) Regulations 2017 (SR 2017, No 80); and
  • Proclamation under the Workers Rehabilitation and Compensation Amendment Act 2017 (SR 2017, No 81).

Following is a selected overview of the new Statutory Rules.

Consumer Law and Protection

The Australian Consumer Law (Tasmania) (Code of Practice for Fuel Price Boards) Regulations 2017 (SR 2017, No 73) was also notified on 8 November 2017 by Parliament, and according to the Regulation's Summary, the main priority is to:

“… prescribe a code of practice for fuel price boards, for the purposes of the Australian Consumer Law (Tasmania) Act 2010, that prescribes the requirements in relation to –

(a) the display of fuel prices on fuel price boards; and

(b) the manner in which changed fuel prices must be displayed on fuel price boards.”

This Statutory Rule has a commencement date of 7 May 2018.

Associations and Corporations

Two new Principal Statutory Rules were also notified on 8 November 2017:

  • Associations Incorporation Regulations 2017 (SR 2017, No 71) [commencement date of 28 November 2017]; and
  • Associations Incorporation (Model Rules) Regulations 2017 (SR 2017, No 72) [commencement date of 26 December 2017].

The object of the Associations Incorporation Regulations 2017 is to specify “… certain requirements in relation to documents under the Associations Incorporation Act 1964 and certain fees and penalties payable in relation to matters under that Act …” as well as repealing the Associations Incorporation Regulations 2007, which is repealed under s 11 of the Statutory Rules  Act 1992 (Tas). The repeal is effective 28 November 2017.

The Associations Incorporation (Model Rules) Regulations 2017 (SR 2017, No 72) sets out model rules for the purposes of the Associations Incorporation Act 1964 as well as repealing (on 28 November 2017), the Associations Incorporation (Model Rules) Regulations 2007, also repealed under s 11 of the Statutory Rules  Act 1992 (Tas).

The Environment and Pollution Control

The Environmental Management and Pollution Control (General) Regulations 2017 (SR 2017, No 80) was notified on 8 November 2017. This regulation, which commences on 15 November 2017, has as its objective to:

  • prescribe the fees payable in respect of certain permits under the Land Use Planning and Approvals Act 1993, orders under the State Policies and Projects Act 1993, environment protection notices, environmental improvement programmes and certain other matters;
  • prescribe the times when, or periods within which, those fees are payable;
  • provide for certain exemptions from liability to pay those fees; and
  • prescribe certain offences as offences in relation to which an environmental infringement notice may be served, as well as rescinding the Environmental Management and Pollution Control (General Fees) Regulations 2007.

The Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment Regulations 2017 (SR 2017, No 79) [commencing on 15 November 2017], will amend the Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2016.

Crime and Domestic Violence

The Domestic Violence Orders (National Recognition) Regulations 2017 (SR 2017, No 77) will amend the Domestic Violence Orders (National Recognition) Act 2016 (the Act) by:

  • amend[ing] s 6(2) of that Act, the list of interstate DVOs specified in subsection (1) of that section, by omitting certain orders from that list and adding certain new orders to that list; and
  • for the purposes of section 7(2) of that Act, amend the list of registered foreign orders specified in subsection (1) of that section, by omitting certain foreign orders from that list and adding certain new foreign orders to that list.

This Statutory Rule will commence on 25 November 2017.

The Domestic Violence Orders (National Recognition) Act 2016 (Act No 29 of 2016) will, by commencement proclamation, commence on 25 November 2017, with the object of the Principal Act “… to establish, in conjunction with the corresponding laws, a national recognition scheme for DVOs or domestic violence orders.”

Workers Compensation and Rehabilitation

Also by commencement proclamation, the Workers Rehabilitation and Compensation Amendment Act 2017 (Act 39 of 2017) will commence on 1 January 2018. This act will amend the Workers Rehabilitation and Compensation Act 1988 (the Principal Act) by making miscellaneous amendments to the Principal Act by emphasising a movement away from administrative processes and focus instead on achieving positive outcomes for workers, employers and insurers.

The amendments will also remove deficiencies that have arisen over time and are essential for improving the operation of the scheme and result in significant savings for Tasmanian businesses and insurers.

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Sources:

Tasmanian Statutory Rules and Supporting Information available from TimeBase LawOne Service.

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