Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 12

Application of Part 6 to areas outside a municipal district

    (1)     Part 6 applies to an area outside a municipal district in accordance with this section.

    (2)     The Governor in Council on the recommendation of the Minister may by Order in Council specify—

        (a)     an area outside a municipal district for the purposes of this section;

        (b)     which Division or Divisions of Part 6 are to apply in that area;

        (c)     unless paragraph (d) applies, the Council which is to have the specified functions, duties and powers under this Act and the regulations for the purposes of the application of the specified Division or Divisions of Part 6 in respect of that area;

        (d)     that the Secretary is to have the specified functions, duties and powers under this Act and the regulations for the purposes of the application of the specified Division or Divisions of Part 6 in respect of that area.

    (3)     For the purposes of subsections (2)(c) and (2)(d), functions, duties and powers may be specified—

        (a)     specifically; or

        (b)     by reference to a provision of this Act in which the functions, duties and powers are specified.

S. 12(4) amended by No. 9/2020 s. 390(Sch. 1 item 82.2).

    (4)     If the Minister proposes to recommend to the Governor in Council that an Order in Council under this section specifies a Council for the purposes of subsection (2)(c), the Minister must consult with the Minister administering the Local Government Act 2020 before making the recommendation.

    (5)     If an Order in Council under this section specifies a Council for the purposes of subsection (2)(c), then, for the purposes of the application of the specified Division or Divisions of Part 6 in the specified area to which the Order relates, that area is taken to be part of the municipal district of the Council specified in the Order.

    (6)     If an Order in Council is made in relation to the Secretary under subsection (2)(d), then, for the purposes of the application of the specified Division or Divisions of Part 6 in the specified area to which the Order relates, a reference in a provision of that Division or those Divisions to a Council is taken to be a reference to the Secretary.

    (7)     Any provisions of this Act that are necessary to give effect to the application of the specified Division or Divisions of Part 6 in the specified area to which the Order relates, extend and apply by virtue of this section with any modifications as are necessary.



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