Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.10.4

Ministerial orders—general provisions

    (1)     The Minister may make Orders which are required or permitted to be made for carrying out or giving effect to this Act.

    (2)     Without limiting any power of the Minister to make Orders under this Act, the Minister may make Orders for or with respect to any of the matters set out in Schedule 6 including the heading to an item in the Schedule.

    (3)     An Order or a provision of an Order comes into operation at the beginning of the day on which the Order is made or at the beginning of any later day that is expressed in the Order as the day on which the Order or provision (as the case requires) comes into operation.

    (4)     The Minister must ensure that an Order is published as soon as practicable after it is made.

Note to s. 5.10.4(4) inserted by No. 31/2018 s. 64(1).

Note

Orders made under this section are published on the Department's website.

S. 5.10.4(4A) inserted by No. 31/2018 s. 64(2).

    (4A)     Subsection (4) does not apply to an Order that identifies, or that would enable the identification of, a child who is the subject of the Order.

    (5)     A power conferred by this Act to make an Order may be exercised—

        (a)     either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case;

        (b)     so as to make, as respects the cases in relation to which the power is exercised—

              (i)     the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or

              (ii)     any such provision either unconditionally or subject to any specified condition.

    (6)     An Order may be made—

        (a)     so as to apply—

              (i)     at all times or at a specified time; or

S. 5.10.4
(6)(a)(ii) amended by No. 19/2014 s. 85.

              (ii)     to all persons, schools, early childhood services, bodies or institutions or to specified persons, schools, early childhood services, bodies or institutions or a specified class of person, school, early childhood service, body or institution; or

              (iii)     as specified in both subparagraphs (i) and (ii);

        (b)     so as to require a matter affected by the Order to be—

              (i)     in accordance with a specified standard or specified requirement; or

              (ii)     approved by or to the satisfaction of a specified person or a specified class of persons; or

              (iii)     as specified in both subparagraphs (i) and (ii);

        (c)     so as to apply, adopt or incorporate any matter contained in any document issued or published by any person or body whether—

              (i)     wholly or partially or as amended by the Order; or

              (ii)     as issued or published at the time the Order is made or at any time before then;

        (d)     so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons;

        (e)     so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the Order, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback