1Purpose
The main purpose of this Act is to continue the adoption of the Mutual Recognition Act 1992 of the Commonwealth.
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Bill homepage (legislation.vic.gov.au)The main purpose of this Act is to continue the adoption of the Mutual Recognition Act 1992 of the Commonwealth.
This Part, section 8 and Part 3 come into operation on the day on which this Act receives the Royal Assent.
Part 2 (except section 8) is deemed to have come into operation on 1 July 1998.
Part 2—Mutual recognition
In this Part—
Commonwealth Act means the Mutual Recognition Act 1992 of the Commonwealth.
The Commonwealth Act, as originally enacted and as amended by regulations made before the enactment of the Mutual Recognition (Victoria) Act 1993, is adopted within the meaning of section 51(xxxvii) of the Commonwealth of Australia Constitution.
S. 4(2) substituted by No. 25/2021 s. 3.
Without limiting subsection (1), the amendments made to the Commonwealth Act, by the Mutual Recognition Amendment Act 2021 of the Commonwealth, are adopted under section 51(xxxvii) of the Constitution of the Commonwealth.
S. 4(3) inserted by No. 25/2021 s. 3.
Each adoption under this section terminates at the end of the day fixed under section 6 as the day on which that adoption is to terminate.
Without limiting any other power under any other Act, the Governor in Council may make regulations for the purposes mentioned in section 15 of the Commonwealth Act as adopted.
S. 6 substituted by No. 25/2021 s. 4.
The Governor in Council, by proclamation published in the Government Gazette, may fix a day as the day on which—
the adoption, under section 4(1), of the provisions of the Commonwealth Act referred to in section 4(1) terminates; or
the adoption, under section 4(2), of the provisions of the Commonwealth Act, referred to in section 4(2), terminates.
The Governor in Council, by proclamation published in the Government Gazette, may revoke a proclamation published under subsection (1), in which case the revoked proclamation, for the purposes of section 4, is taken never to have been published.
A revoking proclamation has effect only if published before the day fixed under subsection (1).
The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.
S. 6A inserted by No. 25/2021 s. 4.
If the adoption under section 4(2) terminates before the adoption under section 4(1), the termination of the adoption under section 4(2) does not affect the continued operation in the State of the provisions of the Commonwealth Act referred to in section 4(1).
Anything done or purporting to have been done after the expiry of the Mutual Recognition (Victoria) Act 1993 and before the enactment of this Act is deemed to have, and always to have had, the same effect as it would have had if the Mutual Recognition (Victoria) Act 1993 had not expired.
S. 8 repealed by No. 21/2015 s. 3(Sch. 1 item 35).
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Pt 3 (Heading and ss 9, 10) repealed by No. 70/2013 s. 3(Sch. 1 item 38).
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