New Statutory Rules Notified By Tasmanian Parliament

Wednesday 17 January 2018 @ 9.13 a.m. | Legal Research

The final week of December 2017 was a busy time for the Tasmanian Parliament, notifying 16 new statutory rules. They are as follows:

  • Building Amendment Regulations (No. 2) 2017 (SR 2017, No 104);
  • Marine and Safety (General) Amendment Regulations 2017 (SR 2017, No 105);
  • Marine and Safety (Infringement Notices) Regulations 2017 (SR 2017, No 106);
  • Marine Safety (Domestic Commercial Vessel National Law Application) (Fees) Rescission Regulations 2017 (SR 2017, No 107);
  • Public Health (Infringement Notices) Amendment Regulations 2017 (SR 2017, No 108);
  • Road Amendment (Motor Bike Filtering) Rules 2017 (SR 2017, No 109);
  • Proclamation under section 2 of the Tasmanian Museum and Art Gallery Act 2017 (SR 2017, No 110);
  • Traffic (Compliance and Enforcement) Amendment (Lane Filtering) Regulations 2017 (SR 2017, No 111);
  • Proclamation under section 2 of the Vehicle and Traffic Amendment (Probationary Licences) Act 2017 (SR 2017, No 112);
  • Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Identity Matching Services) Regulations 2017 (SR 2017, No 113);
  • Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Probationary Licences) Regulations 2017 (SR 2017, No 114);
  • Vehicle and Traffic (Review of Decisions) Amendment Regulations 2017 (SR 2017, No 115);
  • Weed Management Regulations 2017 (SR 2017, No 116);
  • Workers Rehabilitation and Compensation Amendment Regulations 2017 (SR 2017, No 117);
  • Workers Rehabilitation and Compensation (Deemed Diseases) Notice 2017 (SR 2017, No 118); and
  • Poisons (Declared Restricted Substances) Order 2017 (SR 2017, No 119).

Following is a selected overview of the new statutory rules.

Building and Construction

The Building Amendment Regulations (No. 2) 2017 (SR 2017, No 104) was notified on 27 December 2017 by Parliament. According to the regulation's summary, the main priority of the statutory rules was to:

“… amend the Building Regulations 2016 by –

  1. imposing additional requirements in respect of building materials and products that are considered high risk; and
  2. specifying –
    1. notification requirements for completion of specified low-risk building work; and
    2. reporting requirements for certain notifiable work; and
  3. imposing fees payable in respect of the accreditation of products under the Building Act 2016 ; and
  4. making other minor miscellaneous amendments.”

This Statutory Rule commenced 27 December 2017.

Maritime and Marine

Three new statutory rules dealing with marine and maritime issues were also notified on 27 December 2017:

  • Marine and Safety (General) Amendment Regulations 2017 (SR 2017, No 105);
  • Marine and Safety (Infringement Notices) Regulations 2017 (SR 2017, No 106); and
  • Marine Safety (Domestic Commercial Vessel National Law Application) (Fees) Rescission Regulations 2017 (SR 2017, No 107).

The object of the Marine and Safety (General) Amendment Regulations 2017 (SR 2017, No 105) is to:

“… amend the Marine and Safety (General) Regulations 2013 to prescribe –

  1. the fees payable in respect of the retrieval and copying of information from MAST records; and
  2. information to be supplied to MAST in respect of commercial vessels in certain circumstances; and
  3. the annual infrastructure administration fee that is payable in respect of certain commercial vessels.”

The object of the Marine and Safety (Infringement Notices) Regulations 2017 (SR 2017, No 106) is to:

“…prescribe certain offences under the Marine and Safety Authority Act 1997 as offences for which infringement notices may be issued, and the infringement notice penalties for those offences …”

The Marine Safety (Domestic Commercial Vessel National Law Application) (Fees) Rescission Regulations 2017 (SR 2017, No 107) repeals the Marine Safety (Domestic Commercial Vessel National Law Application) (Fees) Regulations 2013 (SR 2013, No 62).

Motor Vehicles and Transport

The following statutory rules were also notified on 27 December 2017:

  • Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Identity Matching Services) Regulations 2017 (SR 2017, No 113);
  • Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Probationary Licences) Regulations 2017 (SR 2017, No 114); and
  • Vehicle and Traffic (Review of Decisions) Amendment Regulations 2017 (SR 2017, No 115).

The main purpose of the above statutory rules is to make miscellaneous amendments to the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 (SR 2010, No 37) as well as the Vehicle and Traffic (Review of Decisions) Regulations 2010 (SR 2010, No 75).

Workers Health and Compensation

The object of the Workers Rehabilitation and Compensation (Deemed Diseases) Notice 2017 (SR 2017, No 118), as specified in Schedule 1, is for the purposes of the Workers Rehabilitation and Compensation Act 1988. The particular focus of the notice is the occupations and exposures that are presumed to contribute to specified diseases.

Poisons and Prohibited Substances

The Poisons (Declared Restricted Substances) Order 2017 (SR 2017, No 119) adds Tramadol to the list of substances to which s 36 of the Poisons Act 1971 applies. The order also replaces the Poisons (Declared Restricted Substances) Order 1990 (SR 1990, No 189) and revokes the following Statutory Rules:

  • Poisons (Declared Restricted Substances) Order 1998 (SR 1998, No 15);
  • Poisons (Declared Restricted Substances) Order (No. 2) 1998 (SR 1998, No 15);
  • Poisons (Declared Restricted Substances) Amendment Order 2010 (SR 2010, No 120);
  • Poisons (Declared Restricted Substances) Amendment Order 2014 (SR 2014, No 38); and
  • Poisons (Declared Restricted Substances) Amendment Order 2015 (SR 2015, No 60).

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Sources:

Tasmanian Statutory Rules and additional materials available from TimeBase LawOne Service.

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