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VICTORIA STATE EMERGENCY SERVICE ACT 2005 - NOTES

Version No. 025

No. 51 of 2005
Version incorporating amendments as at
1 July 2021

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Version No. 025

Victoria State Emergency Service Act 2005

No. 51 of 2005
Version incorporating amendments as at
1 July 2021

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 26 May 2005

Legislative Council: 16 August 2005

The long title for the Bill for this Act was "to establish the Victoria State Emergency Service Authority, to re-enact with amendments the Victoria State Emergency Service Act 1987, to amend the Country Fire Authority Act 1958 and the Metropolitan Fire Brigades Act 1958, to make consequential amendments to certain other Acts and for other purposes."

The Victoria State Emergency Service Act 2005 was assented to on 24 August 2005 and came into operation as follows:

Sections 1 and 2 on 25 August 2005: section 2(1); sections 358 on 1 November 2005: Government Gazette 20 October 2005 page 2308; sections 59–75 on 1 July 2006: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Victoria State Emergency Service Act 2005 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:

10.10.06

Commencement Date:

S. 26(Sch. item 108) on 11.10.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Statute Law Revision Act 2007, No. 28/2007

Assent Date:

26.6.07

Commencement Date:

S. 3(Sch. item 69) on 27.6.07: s. 2(1)

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Accident Compensation Amendment Act 2010, No. 9/2010 (as amended by No. 80/2010)

Assent Date:

23.3.10

Commencement Date:

S. 141 on 1.7.10: s. 2(8)

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Emergency Management Legislation Amendment Act 2011, No. 56/2011

Assent Date:

2.11.11

Commencement Date:

Ss 2028 on 3.11.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Emergency Services Legislation Amendment Act 2012, No. 5/2012

Assent Date:

6.3.12

Commencement Date:

Ss 99–103 on 1.5.12: Special Gazette (No. 140) 1.5.12 p. 1

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:

12.11.13

Commencement Date:

S. 649(Sch. 9 item 35) 1.7.14: s. 2(1)

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Emergency Management Act 2013, No. 73/2013

Assent Date:

3.12.13

Commencement Date:

Ss 91–93 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 176) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015

Assent Date:

22.9.15

Commencement Date:

Ss 26(1), 28 on 23.9.15: s. 2(1); ss 26(2), 27 on 19.9.16: Special Gazette (No. 284) 13.9.16 p. 1

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Emergency Management Legislation Amendment Act 2018, No. 36/2018

Assent Date:

21.8.18

Commencement Date:

Ss 93–96 on 22.8.18: s. 2(2); s. 21 on 25.9.19: Special Gazette (No. 358) 10.9.19 p. 1; s. 40 on 30.9.20: Special Gazette (No. 494) 29.9.20 p. 1; s. 83 on 1.12.20: s. 2(3)

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date:

2.7.19

Commencement Date:

S. 191 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021, No. 5/2021

Assent Date:

23.2.21

Commencement Date:

Ss 5456 on 1.7.21: Special Gazette (No. 293) 16.6.21 p. 1

Current State:

This information relates only to the provision/s amending the Victoria State Emergency Service Act 2005

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    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

    4     Explanatory details


[1] S. 34: The amendment proposed by section 26(1) of the Emergency Management Legislation Amendment Act 2011, No. 56/2011 (repealed) is not included in this publication because "Director of Operations" does not appear in section 34.

Section 26(1) read as follows:

        26     Amendment of section 34—Registered units

    (1)     In section 34 of the Victoria State Emergency Service Act 2005 for "Director of Operations" (wherever occurring) substitute "Authority".



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