Draft Orders submitted to the Governor in Council by the

Draft Orders submitted to the Governor in Council by the Honourable the Minister for Government Services

Service Victoria Act 2018

Recommending to the Governor in Council, under section 58(1) of the Service Victoria Act

2018, that the Service Victoria (Transfer of Professional Engineers Registration Functions)

Regulations 2021, be made.

(Signature of Secretary or Authorised Delegate) .... ~ .................................................. . Jeremi Mou le, Secretary to the Department of Premier and Cabinet

'

~ 9 C) ~ For Executive Council

2 6 OCT 2021

APPROVED BY THE

GOVERNOR IN COUNCIL

..................... .. J!tb~ .................................. . Clerk of the Executive Council


Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations

2021

EXPLANATORY MEMORANDUM

• The Service Victoria Act 2018 (Vic) (the Act) authorises the transfer of customer service

functions and identity verification functions (the transferred functions) from government

agencies to the Service Victoria Chief Executive Officer (CEO).

• Regulations are required to effect the transfer of the relevant functions, subject to an

agreement between the relevant Ministers (Ministerial Agreement) under the Act.

• The proposed Service Victoria (Transfer of Professional Engineers Registration Functions)

Regulations 2021 will transfer identity verification functions from Business Licensing

Authority (BLA) to the CEO to allow customers to digitally verify their identity and submit

identity information required for police checks, in relation to appl ications for and renewals

of professional engineers registration and/or an endorsement to practice in the building

industry.

• The required Ministerial Agreement has been signed by both Ministers, and the

Regulations wi ll transfer the identity verifications functions from BLA to the CEO.

Recommendation

1. It is recommended to the Governor in Council that the Service Victoria (Transfer of

Professional Engineers Registration Functions) Regulations 2021 be made.

Background to proposed Regulations and their effect

2. Service Victoria was established in July 2018. It enables members of the public to transact

with Victorian Government agencies on line. Many people find on line transactions quicker

and simpler than physical counter and paper-based services.

complete a transaction to verify their identity and then if they

identity for future transactions with Government via Service

3. The Service Victoria Act 2018 (the Act) enables:

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hoose, they fa'rfuu1'e'their

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bOTE!J BYTHE GO'.'Er.tJOR l'J COUNCIL

2 6 OCT 2021 CLERK OF THE EXECUTIVE COUt!CIL r ,.--e

a) the transfer of customer service functions and identity verification functions from

service agencies to the Service Victoria CEO;

b) the Minister to make identity verification standard s, which set out requirements for

the Service Victoria CEO to verify a person's identity and issue the person with an

electronic identity credential; and

c) the Service Victoria CEO to set standards for customer service.

4. The Act requires the Minister responsible for Service Victoria and the Minister responsible

for a service agency to enter into a written agreement in respect of the transfer of

customer service functions and/or identity verification functions from the service agency

to the Service Victoria CEO, prior to the making of Regulations transferring those functions.

5. The Minister for Government Services and the Minister for Consumer Affairs, Gaming and

Liquor Regulation have entered into a Ministerial Agreement in respect of the transfer of

identity verification functions wh ich are the subject of the Service Victoria (Transfer of

Professional Engineers Registration Functions) Regulations 2021.

6. The effect of the proposed Regulations is to transfer identity verification functions to the

Service Victoria CEO from BLA to col lect identity information to verify the identity of a

customer applying for or renewing a professional engineers registration (or for registration

in an additional area of engineering); applying for or renewing an endorsement to the

registration to practice as a registered professional engineer in the building industry; and

to collect information for a National Police Check required for applications for and

renewals of registrations and/or endorsements - this information will be passed to BLA to

submit to the Australian Criminal Intelligence Commission. The proposed Regulations also

prescribe a provision as a secrecy provision under the Act enabling information to be

disclosed to the Service Victoria CEO.

7. Under the Act, the Service Victoria CEO is authorised to delegate functions back to the

service agency head. Where necessary and appropriate, delegation by the Service Victoria

CEO allows for flexible modes of service delivery together with service agencies.

Authorising Legislation

8. Section 58(1) of the Act authorises the Governor in Council to make reguLations.Jor or witn <,rJ ~ ~)

respect to any matter required or permitted by the Act t< be prescrilti ,d or nec;f ssary or /J,:rt y.j

convenient to be prescribed to give effect to the Act. {L . y MO,:..::>

BY THE G0VER:~Ofl IN courmL

2 6 OCT 2021

CLERK OF THE EX~E COUNCIL

9. Section 10 of the Act authorises the Minister and the service agency Minister to agree for

the Service Victoria CEO to perform an identity verification function that is to be prescribed

as a transferred identity verification function.

Certificates provided in accordance with the Subordinate Legislation Act 1994

10. The following certificates are provided for the proposed Service Victoria (Transfer of

Professional Engineers Registration Functions) Regulations 2021 in accordance with the

Subordinate Legislation Act 1994:

(a) The Office of the Chief Parliamentary Counsel certificate under section 13;

(b) The Minister's certificate of consultation under section 6;

(c) The Minister's exemption certificate under section 8(1)(a) and 8(1)(c);

The exemption from a Regulatory Impact Statement is warranted on the grounds

the Regulations will not impose a significant economic or social burden on a sector

of the public and are machinery in nature. Fundamentally, the Regulations merely

specify the Victorian Government entity which will perform a function; they are

machinery in nature and do not impose an economic or social burden on the public.

(d) The Minister's human rights certificate under section 12A;

Following an assessment of the human rights protected by the Charter of Human

Rights and Responsibilities Act 2006 (the Charter), it is considered that the

proposed Regulations do not limit any human rights set out in that Charter. The

certificate considers the impact of the Regulations in relation to the privacy rights

set out in section 13 of the Charter.

National Competition Policy

11. In accordance with the guidelines contained in the Victorian Guide to Regulation

(published by the Office of the Commissioner for Better Regulation), the proposed

Regulations are not required to be tested under competition policy assessment

requirements as they are exempt from the Regulatory Impact Statement process.

Gazettal

12. Notice of the making of the proposed Regulations will be pub Ii

~~..,,,""' r " ·?"1, hed in a G1 ~ral Gate te.

f; ,1 VJ'

,I.. "SJ-,. ' , ) ~. l\lOTED

BY THE GO\'c:R; JOR IN COUNCIL

2 6 OCT 2021

CLERK OF THE EXECUTIVE co• INCIL :ore •-~~.-

Contact Name: Cassandra Meagher, Executive Director, Service Reform, Service Victoria, Department of Premier and Cabinet Telephone Number: 0439 304108

2 6 OCT 2021 CLERK OF THE EXECUTIVE COUNCIL ....._....., ___ _,

The Hon. Danny Pearson MP

Assistant Treasurer Minister for Regulatory Reform Minister for Government Services

SERVICE VICTORIA ACT 2018

Level 5, 1 Macarthur Street East Melbourne VIC 3002 Telephone:+613 7005 8911 DX210759


2021

RECOMMENDATION

It is recommended to the Governor in Council that, under section 58 of the Service Victoria

Act 2018, the Service Victoria (Transfer of Professional Engineers Registration Functions)

Regulations 2021 be made.

Advice from the Chief Parliamentary Counsel has been submitted as required by section 13 of the Subordinate Legislation Act 1994.

A Regulatory Impact Statement for these Regulations has not been prepared. As the Minister responsible for the administration of the Service Victoria Act 2018, I have issued an exemption certificate under section 8 of the Subordinate Legislation Act 1994, and it is attached.

Under my hand, the following, additiona l, certificates are attached: (a) a Consultation Certificate under section 6 of the Subordinate Legislation Act 1994; (b) a Human Rights Certificate under section 12A of the Subordinate Legislation Act 1994.

Dated: 14/10/2021

The Hofi.:~2.n!~n MP Minister for Government Services t '~

/1..F. RO - .!3 BYTf:lE GOVERNOR IN COUNCIL

2 6 OCT 2021 ~v0 CLERK OF THE EXECUTIVE COUNCIL



Subordinate legislation Act 1994

CONSULTATION CERTIFICATE

(Section 6)



2021

I, Danny Pearson, Minister for Government Services, and Minister responsible for administering the Service Victoria Act 2018, certify that in accordance with the guidelines made under the Subordinate Legislation Act 1994 there has been consultation with every other Minister whose area of responsibility may be affected by the proposed Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations 2021 and there is no

overlap or conflict with any other existing or proposed statutory rule, legislation or stated government policy.

The proposed Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations 2021 do not impose a significant economic or socia l burden on the public.

The government entities that have been consulted are the Department of Premier and

Cabinet, Business Licensing Victoria and Better Regulation Victoria.

Dated: 14/10/2021

The Honourable Danny Pearson MP

Minister for Government Services

h1G7CJ BY THE GOVi:P.t~OR IN COUNCIL

2 6 OCT 2021 CLERK OF THE l=YECLJT/1/E CC'UNCIL ___ ......,._.... ~ ....... ~·. ~ ..



Subordinate Legislation Act 1994

EXEMPTION CERTIFICATE

(Section 8)



2021

I, Danny Pearson, Minister for Government Services, and Minister responsible for administering the Service Victoria Act 2018, certify under sections 8(1)(a) and 8(1)(c) of the Subordinate Legislation Act 1994 that in my opinion, the proposed statutory rule would not impose a significant economic or social burden on a sector of the public and is fundamentally machinery in nature.

The reasons for forming this opinion are that the proposed statutory rule:

(a) by nature and effect, transfers existing Victorian Government functions from Business Licensing Authority to the Service Victoria CEO and there is no new requirement or cost placed on members of the public who wish to apply for or renew their professional engineers registration;

(b) is a complementary service so customers can choose to use Service Victoria's digital identity verification, or they can continue to access the Consumer Affairs Victoria existing paper-based pathway; and

(c) improves the customer journey through the Service Victoria website, which emphasises the importance of accessibility and includes more streamlined requirements.

Accordingly, a Regulatory Impact Statement is not required for these Regulations.

Dated: 14/10/2021

Thfl.'::~';J,an~°::;;;;; MP Minister for Government Services

['.OT!:D BYTHE GOVERNOR IM COUNCIL

2 6 OCT 2021

CLERK OF THE EXECUTIVE COUNCIL



Subordinate Legislation Act 1994

HUMAN RIGHTS CERTIFICATE

(Section 12A)

Level 5, 1 Mocorthur Street East Melbourne VIC 3002 Telephone:+613 7005 8911 DX210759


2021

I, Danny Pearson, Minister for Government Services, and Minister responsible for admin istering the Service Victoria Act 2018 certify that, in my opinion the proposed Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations 2021 do not limit any human right set out in the Charter of Human Rights and Responsibilities Act 2006

(the Charter).

The Charter's right to privacy is not limited because the proposed activity will be lawful and will not be arbitrary, for these reasons:

(a) The collection and retention of an individual's information is for limited purposes required for the performance of functions under the Service Victoria Act 2018.

(b) The information wi ll be retained for a limited time, as required by the Service

Victoria Act 2018 and other laws.

(c) Individuals who do not wish to provide information to Service Victoria have other options for transacting, via the Consumer Affairs Victoria's existing paper-based pathways.

(d) Personal information is provided to the Service Victoria CEO with the consent of the relevant individual.

(e) Information provided to the Service Victoria CEO and held by Service Victoria will be protected from further unauthorised access, use and disclosure. The Service Victoria Act 2018 and other legislation within the Victorian privacy regime contain offences to punish and deter failure to prevent this type of conduct.

(f) The proper use and handling of personal information by the Service Victoria CEO, as defined under the Privacy and Data Protection Act 2014, is subject to oversight by the Victorian Information Commissioner, and remedies are available.

Dated: 14/10/2021

@~.,7 ~~ The Honourable Danny Pearson MP


i)OTEJ BY THE GO'✓!::F:I lOR IN COUNCIL

2 6 OCT 2021 CLERK OF THE EXECUTIVE COUNCIL

OFFICIAL


MINISTERIAL AGREEMENT FOR THE TRANSFER OF IDENTITY VERIFICATION FUNCTIONS

FROM

The Business Licensing Authority established under the Business Licensing Authority Act 1998

TO

Service Victoria, an administrative office of the Department of Premier and Cabinet

DATED this

BETWEEN:

14th day of October 2021

The Hon. Melissa Horne MP, Minister for Consumer Affairs, Gaming and Liquor Regulation, and Minister responsible for administering the Professional Engineers Registration Act 2019, of Level 22, 1 Spring Street, Melbourne, Victoria 3000

AND

The Hon. Danny Pearson MP, Minister for Government Services, and Minister responsible for administering the Service Victoria Act 2018, of Level 5, 1 Macarthur Street, East Melbourne, Victoria 3002

BACKGROUND

A. Part 3 of the Service Victoria Act 2018 (the Act) provides, in relation to the transfer of identity verification functions to Service Victoria -

(a) at section 10(1 ), that the Minister administering that Act and a service agency Minister may agree for the Service Victoria CEO to perform an identity verification function that is to be prescribed by Regulations made under that Act as a transferred identity verification function;

(b) at section 10(2), that a Ministerial agreement under Part 3 must be in writing and that a copy of such a Ministerial agreement must be given to the service agency head and the Service Victoria CEO; and

f'O.ED For Official Use Only BY THE GO'..'EF.NOR IN COUNCIL


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OFFICIAL

(c) at section 10(5), that, despite anything to the contrary in the enactment that confers an identity verification function on a service agency, on the commencement of a regulation that prescribes the identity verification function to be a transferred identity verification function-

(i) the identity verification function is to be performed by the Service Victoria CEO; and

(ii) the service agency from which the function is transferred cannot perform the function unless it is delegated to the service agency head by the Service Victoria CEO; and

(d) at section 10(6), that a regulation prescribing an identity verification function to be a transferred identity verification function must not be made unless a Ministerial agreement has been made under section 10(1) in respect of that function.

B. The Minister for Government Services (the Service Victoria Minister) is the Minister responsible for administering the Service Victoria Act 2018.

C. The Minister for Consumer Affairs, Gaming and Liquor Regulation (the Service Agency Minister) is the Minister responsible for administering the enactment under which the service agency functions which are the subject of this Agreement are conferred.

D. By this Agreement, the Service Victoria Minister and the Service Agency Minister agree, for the purposes of the Act-

(a) for the Service Victoria CEO to perform the identity verification functions set out in Schedule 1 to this Agreement; and

(b) for the identity verification functions set out in Schedule 1 to this Agreement to be prescribed as transferred identity verification functions; and

(c) the related and ancillary matters set out in this Agreement.

IT IS AGREED:

PART 1: DEFINITIONS AND INTERPRETATION

1.1 The following words and expressions have the following meanings unless the context otherwise requires-

contact officers means the contact officers nominateftr'R:ra:emraft."--nEte·~ ----clause 3.4; r,wJb~

the Act means the Service Victoria Act 2018; FJ~ ., ~~ {'tc ."' ·~

this Agreement means this Agreement including the chedules to ~if/· ' J r 'i1JII. J

For Official Use Only BYTHE G0'✓ERN0R IN COUNCIL

2 6 OCT 2021 2

CLERK OF Tl-!E EXECUTf\lE COU'VCIL ~err:, o m·.a _ ,. _ ~-

OFFICIAL

service agency means the Business Licensing Authority;

1.2 Words and expressions used in this Agreement, unless the contrary intention appears, have the same respective meanings as they have in the Act.

1.3 In this Agreement, unless the context requires otherwise-

(a) references to persons include corporations and bodies corporate;

(b) references to clauses and Schedules are references to clauses of and Schedules to this Agreement (unless stated otherwise);

( c) references to a person include the legal personal representatives, successors and assignees of that person;

(d) references to this Agreement or any other document include this Agreement or the document as amended, varied or replaced , despite any change to the identity of the parties;

(e) references to a month are references to a calendar month.

1.4 This Agreement is to be interpreted in accordance with Part IV of the Interpretation of Legislation Act 1984 as if this Agreement were a subordinate instrument within the meaning of that Act which had been made under the Act.

1.5 A provision of this Agreement must be read down or severed to the extent necessary to prevent that provision being invalid, voidable or unenforceable in the circumstances.

PART 2: COMMENCEMENT OF AGREEMENT

2.1 This Agreement commences on the date it is executed by the last party to do so.

PART 3: PURPOSE AND SCOPE OF THE AGREEMENT

3.1 The purpose of this Agreement is to agree to-

3.2

(a) the transfer of the identity verification functions set out in Schedule 1 from the Secretary of the service agency to the Service Victoria CEO; and

(b) ancillary and related matters. -,-·-·-i Nothing in this Agreement is to be construed as in nding to ef e~~. nlJlit or vary the operation of the provisions of the Act or o any enact11111ent unde~ 1

which a customer service function or an identity ve ification fu~.Qggn [email protected] I case may be) is conferred (whether expressly orb implication), rexce--pt to the

BYTHE GO', L.;';1;C,i IN COUNCIL For Official Use Only

2 6 OCT 2021 3

CLERK OF THE EXECUTIVE COUNCIL ·--

OFFICIAL

extent of the transfer of that function to Service Victoria as provided for in this Agreement.

3.3 The parties will cooperate in a spirit of goodwill to facilitate the operation of this Agreement in accordance with its purposes.

3.4 Each of the parties will nominate a contact officer for the purposes of this Agreement. This may be done by a party nominating an office or position, in which case the contact officer will be the person for the time being holding, acting in or performing the duties of that office or position.

3.5 Through the nominated contact officers, each of the parties will advise the other party of any matter that is likely to affect the operation of this Agreement, including but not limited to-

(a) any proposed amendment to an Act, subordinate instrument, legislative instrument, instrument of delegation, or any other relevant instrument or authority (whether legislative or administrative in character) that is likely to affect the operation of a transferred identity verification function, or of any obligation that may arise under this Agreement, the Act or any enactment under which a customer service function or an identity verification function (as the case may be) is conferred (whether expressly or by implication);

(b) any administrative change that may affect the administration of a transferred customer service function or a transferred identity verification function.

Example

The following administrative changes would need to be notified to the other party:

• a change of name of the service agency or Service Victoria; • a restructure of the service agency or Service Victoria which

would alter arrangements for the administration of this Agreement, of a transferred customer service function or of a transferred identity verification function;

• a change of key staff responsible for the administration of this Agreement, of a transferred customer service function or of a transferred identity verification function;

• a significant change in administrative procedures in relation to the administration of this Agreement or of a transferred service agency function, such as a change i e s_ tems tbat handle transactions to which this Ag eement rel;ue3:r---. . r·" ~·])

IJ~Q. ·~ (~~~~

['.OTrD BY THC GOVLR:/CR ltJ COUNCIL

For Official Use Only 2 6 OCT 2021 4

CLERK OF THE EXECUTI\IE COUNCIL

OFFICIAL

PART 4: TRANSFER OF IDENTITY VERIFICATION FUNCTIONS

4.1 The parties agree that an identity verification function that is listed in column 2 of Schedule 1 is to be prescribed as a transferred identity verification function for the purposes of section 10(5) of the Act.

4.2 Column 3 of Schedule 1 lists, in relation to each prescribed identity verification function, the service agency from which that function is transferred .

4.3 The information set out in column 3 of Schedule 1 is not intended to affect the operation of-

( a) other provisions of this Agreement; or

(b) any Regulations to be made under the Act to transfer a identity verification function in accordance with this Agreement.

PART 5: REVIEW OF AGREEMENT

5.1 The parties may agree to the periodic review of this Agreement by the contact officers or their nominees.

PART 6: AMENDMENT OR TERMINATION OF AGREEMENT

6.1 The contact officers may consult on any amendments that may be desirable to this Agreement.

Note

This Agreement may be amended by further agreement between the parties under section 10(1) of the Act: See section 41 A of the Interpretation of Legislation Act 1984.

The parties may agree, under section 12 of the Act, for the transfer back to the service agency of any transferred identity verification function.

PART7: COUNTERPARTS

7.1 This Agreement may be executed in any number of counterparts each of which wi ll be deemed an original but all of which will constitute one and the same instrument.

For Official Use Only

2 6 OCT 2021 s CLERK OF THE EXECUTIVE COUNCIL

OFFICIAL

EXECUTED AS A DEED:

SIGNED, SEALED AND DELIVERED )

by THE HON. DANNY PEARSON MP )


WITNESS (Print Name) Naomi Nugraweni

SIGNED, SEALED AND DELIVERED

by THE HON. MELISSA HORNE MP

Minister for Consumer Affairs, Gaming and Liquor Regulation

WITNESS (Print Name) Ingrid Witkowski

NOTED For Official Use Only BYTHE GOVERNOR IN COUNCIL

2 6 OCT 2021 6

OFFICIAL

SCHEDULE 1-

IDENTITY VERIFICATION FUNCTIONS

AGREED TO BE PRESCRIBED BY REGULATIONS UNDER THE ACT

AS TRANSFERRED IDENTITY VERIFICATION FUNCTIONS

Column 1

Item number

1

2

3

4

5

Column 2

Transferred identity verification function

Collecting identity information provided with an application for registration as a professional engineer (or for registration in an additional area of engineering) under section 10 of the Professional Engineers Registration Act

2019 (whether or not the application is concurrent with an application for endorsement under section 11), and verifying the applicant's identity, where the application is made by input into an Internet site or mobile application maintained for that purpose.

Collecting ident ity information provided with an application for endorsement of registration under section 11 of the Professional Engineers Registration Act 2019, and verifying the applicant's identity, where the application is made by input into an Internet site or mobile application maintained for that purpose.

Collecting identity information for the purposes of section 13(a)(i) and (ii) of the Professional Engineers Registration Act 2019, and verifying the applicant's identity, where the information is collected from input into an Internet site or mobile application maintained for that purpose.

Collecting identity information for the purposes of section 14(1)(c) of the Professional Engineers Registration Act 2019, and verifying the applicant's identity, where the informat ion is collected from input into an Internet site or mobile application maintained for that purpose.

Collecting identity information provided with an application to renew a registration as a professional engineer under section 20 of the Professional Engineers Registration Act 2019 (whether or not the application is also to renew a related endorsement), and verifying the applicant's identity, where the application is made by input into an Internet site or mobile application maintained for that purpose.

NOTED

For Official Use Only BY THE GO\'!:'.RrlOR IN COUNCIL

2 6 OCT 2021 CLER!< OF THE EXECUTIVE COUNCIL

Column 3

Service agency from which function is transferred

Business Licensing Authority





7

PARLIAMENTARY COUNSEL VICTORIA

Your Reference:

Our Reference: 22408 21-056:CD/RFH

Parliamentary Counsel's Chambers Level 2, 1 Macarthur Street, Melbourne, VIC 3002

DX2 10753 Tel: (03) 9651 2103 Fax: (03) 9651 2107

Website: www.legislation.vie.gov.au

SUBORDINATE LEGISLATION ACT 1994 SECTION 13 CERTIFICATE

Proposed statutory rule : Service Victoria (Transfer of Professional Engineers Registration Functions) Regulations 2021

Authorising Act: Service Victoria Act 2018

Date of print of proposed statutory rule : 03 September 2021

A proposed statut01y rule that is to be made by, or with the consent or approval of, the Govemor in Council must be submitted to the Chief Parliamentary Counsel for the issue of a certificate by the Chief Parliamentaty Counsel spec(fying whether the proposed statuto,y rule -


(a) appears to be within the powers conferred by the authorising Act;

(a) so appears;

(b) appears without clear and express (b) authority being conferred by the authorising Act-

(i) to have a retrospective effect; or

(ii) to impose a tax, fee, fine, imprisonment or other penalty; or

(iii) to shift the legal burden of proof to a person accused of an offence; or

(iv) to sub-delegate powers delegated by the authorising Act;

(i) if made on or before 1 November 2021, does not so appear;

(ii) does not so appear;

(iii) does not so appear;

(iv) does not so appear;

(c)

(d)

(e)

(j)

(g)

appears to be consistent with the general objectives of the authorising Act;

appears to be consistent with and to achieve the objectives set out in the proposed statutory rule and, if the proposed statutory rule is to amend an existing statutory rule, appears to be consistent with the objectives set out in the existing statutory rule;

appears to be inconsistent with principles of justice and fairness;

appears significantly or substantially to overlap or conflict with any other statutory rule or legislation;

is expressed unambiguously possible.

as clearly and as is reasonably

MARINA FARNAN

Chief Parliamentary Counsel

Date: 3 September 2021

(c) so appears;

(d) so appears;

(e) does not so appear;

(j) does not so appear;

(g) is so expressed.


This certificate relates to the circumstances as at the date of the certificate.

Documents

Draft Orders submitted to the Governor in Council by the