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This is a Bill, not an Act. For current law, see the Acts databases.
Parliamentary Committees and Inquiries Acts
Amendment Act 2015
No. of 2015
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Parliamentary Committees Act 2003 3
3 Definition 3
4 Amalgamation of Joint House Committees 3
5 New section 8 substituted 4
6 Education and Training Committee 4
7 New section 10 substituted 4
8 Law Reform, Drugs and Crime Prevention Committee 5
9 New section 13 inserted 5
10 Road Safety Committee and Rural and Regional Committee 6
11 New Part 9 inserted 6
Part 3--Inquiries Act 2014 10
12 Definitions 10
13 Assistance for Formal Review witnesses 11
14 New section 114 substituted 12
15 Criminal liability of officers of bodies corporate--accessorial
liability 12
16 New Part 7 inserted 12
Part 4--Repeal of amending Act 14
17 Repeal of amending Act 14
Endnotes 15
1 General information 15
i
Parliamentary Committees and
Inquiries Acts Amendment Act 2015
No. of 2015
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Parliamentary Committees
Act 2003 to amalgamate certain committees;
and
(b) to make various minor amendments to the
Inquiries Act 2014.
1
Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 1--Preliminary
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
2
Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 2--Parliamentary Committees Act 2003
Part 2--Parliamentary Committees Act 2003
3 Definition
In section 3 of the Parliamentary Committees
Act 2003 insert the following definition--
"regional Victoria has the meaning given in
section 3(1) of the Regional Growth Fund
Act 2011 and includes any other
geographical area prescribed by regulations
referred to in section 3(2) of that Act in the
circumstances (if any) prescribed by those
regulations;".
4 Amalgamation of Joint House Committees
In section 5 of the Parliamentary Committees
Act 2003--
(a) for paragraph (b) substitute--
"(b) the Economic, Education, Jobs and
Skills Committee;";
(b) paragraph (c) is repealed;
(c) for paragraph (d) substitute--
"(d) the Environment, Natural Resources
and Regional Development
Committee;";
(d) paragraph (f) is repealed;
(e) after paragraph (fa) insert--
"(g) the Law Reform, Road and Community
Safety Committee;";
(f) paragraphs (i) and (j) are repealed.
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 2--Parliamentary Committees Act 2003
5 New section 8 substituted
For section 8 of the Parliamentary Committees
Act 2003 substitute--
"8 Economic, Education, Jobs and Skills
Committee
(1) The functions of the Economic, Education,
Jobs and Skills Committee are, if so required
or permitted under this Act, to inquire into,
consider and report to the Parliament on any
proposal, matter or thing concerned with--
(a) economic development, industrial
affairs or infrastructure;
(b) the provision of services to new urban
regions;
(c) the development or expansion of new
urban regions;
(d) education or training.
(2) In this section--
urban regions means any part of Victoria
developed for urban purposes that is not
within regional Victoria.".
6 Education and Training Committee
Section 9 of the Parliamentary Committees Act
2003 is repealed.
7 New section 10 substituted
For section 10 of the Parliamentary Committees
Act 2003 substitute--
"10 Environment, Natural Resources and
Regional Development Committee
The functions of the Environment, Natural
Resources and Regional Development
Committee are, if so required or permitted
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 2--Parliamentary Committees Act 2003
under this Act, to inquire into, consider and
report to the Parliament on any proposal,
matter or thing concerned with--
(a) the environment;
(b) natural resources;
(c) planning the use, development or
protection of land;
(d) the provision of services to regional
Victoria;
(e) the development of regional Victoria.".
8 Law Reform, Drugs and Crime Prevention
Committee
Section 12 of the Parliamentary Committees
Act 2003 is repealed.
9 New section 13 inserted
After section 12A of the Parliamentary
Committees Act 2003 insert--
"13 Law Reform, Road and Community
Safety Committee
(1) The functions of the Law Reform, Road and
Community Safety Committee are, if so
required or permitted under this Act, to
inquire into, consider and report to the
Parliament on any proposal, matter or thing
concerned with--
(a) legal, constitutional or parliamentary
reform;
(b) the administration of justice;
(c) law reform;
(d) the use of drugs, including the
manufacture, supply or distribution of
drugs;
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 2--Parliamentary Committees Act 2003
(e) the level or causes of crime or violent
behaviour;
(f) road trauma;
(g) safety on roads and related matters.
(2) It is not a function of the Law Reform, Road
and Community Safety Committee to inquire
into, consider or report to the Parliament on
any proposal, matter or thing concerned
with--
(a) the joint standing orders of the
Parliament; or
(b) the standing orders or rules of practice
of the Council or the Assembly.".
10 Road Safety Committee and Rural and Regional
Committee
Sections 15 and 16 of the Parliamentary
Committees Act 2003 are repealed.
11 New Part 9 inserted
After Part 8 of the Parliamentary Committees
Act 2003 insert--
"Part 9--Parliamentary
Committees and Inquiries Acts
Amendment Act 2015
67 Definitions
In this Part--
commencement day means the day after the
day on which the Parliamentary
Committees and Inquiries Acts
Amendment Act 2015 receives the
Royal Assent;
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 2--Parliamentary Committees Act 2003
former committee means a committee
established by this Act, as in force
immediately before the commencement
day, that is specified in column 1 of the
Table;
successor committee, in relation to a former
committee, means the committee
established by this Act that is specified
in column 2 of the Table opposite the
former committee.
Table
Column 1 Column 2
Former committee Successor committee
Economic Development, Economic, Education, Jobs
Infrastructure and Outer and Skills Committee
Suburban/Interface
Services Committee
Education and Training Economic, Education, Jobs
Committee and Skills Committee
Environment and Natural Environment, Natural
Resources Committee Resources and Regional
Development Committee
Law Reform, Drugs and Law Reform, Road and
Crime Prevention Community Safety
Committee Committee
Road Safety Committee Law Reform, Road and
Community Safety
Committee
Rural and Regional Environment, Natural
Committee Resources and Regional
Development Committee
68 Transitional provisions
(1) On the commencement day--
(a) a member of a former committee
becomes a member of the successor
committee; and
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 2--Parliamentary Committees Act 2003
(b) a sub-committee of a former committee
becomes a sub-committee of the
successor committee.
(2) A referral to a former committee under
section 33 that is current immediately before
the commencement day continues in force,
on and after that day, as if it were a referral
to the successor committee.
(3) For the purposes of subsection (2), a referral
is current if the former committee has not
made a final report to the Parliament on the
proposal, matter or thing referred.
(4) On and after the commencement day--
(a) a resolution by a former committee to
use an audio or audio visual link under
section 25(5) that was in force
immediately before that day continues
in force as if it were a resolution of the
successor committee; and
(b) an invitation to a member of the
Council or the Assembly or to a
member of the public under
section 26(1) to be present at a meeting
of a former committee or a
sub-committee of a former committee
that was in force immediately before
that day continues in force as if it were
an invitation by the successor
committee or a sub-committee of the
successor committee; and
(c) a requirement under section 28(1) by a
former committee to attend or produce
a document or thing that was in force
immediately before that day continues
in force as if it were a requirement by
the successor committee; and
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 2--Parliamentary Committees Act 2003
(d) the empowerment of a specified
member or members of a former
committee under section 28(5) that was
in force immediately before that day
continues in force as if it were an
empowerment of the member or
members by the successor committee.
(5) A reference in any Act (other than this Act),
subordinate instrument, agreement, deed or
other document to a former committee must
be construed as a reference to the successor
committee--
(a) so far as the reference relates to any
period on or after the commencement
day; and
(b) if not inconsistent with the subject
matter.".
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 3--Inquiries Act 2014
Part 3--Inquiries Act 2014
12 Definitions
In section 3 of the Inquiries Act 2014--
(a) for the definition of judicial officer
substitute--
"judicial officer means any of the
following--
(a) a Judge of the Supreme Court;
(b) a reserve Judge of the Supreme
Court;
(c) an Associate Judge of the
Supreme Court;
(d) a reserve Associate Judge of the
Supreme Court;
(e) a Judge or reserve Judge of the
Supreme Court who is appointed
or assigned to VCAT;
(f) a judge of the County Court;
(g) a reserve judge of the County
Court;
(h) an associate judge of the County
Court;
(i) a reserve associate judge of the
County Court;
(j) a person referred to in
paragraph (f) or (g) who is
appointed or assigned to VCAT;
(k) a magistrate;
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 3--Inquiries Act 2014
(l) a reserve magistrate;
(m) a magistrate or reserve magistrate
who is appointed or assigned to
the Children's Court, the Coroners
Court or VCAT;
(n) a reserve coroner;
(o) a person appointed under
section 94 of the Coroners Act
2008;
(p) a judicial registrar of the Supreme
Court, the County Court, the
Magistrates' Court, the Children's
Court or the Coroners Court;";
(b) in the definition of member, after
paragraph (b) insert--
"(c) of VCAT, has the same meaning as
member has, in relation to the Tribunal,
in section 3 of the Victorian Civil and
Administrative Tribunal Act 1998;";
(c) for the definition of non-judicial member of
VCAT substitute--
"non-judicial member of VCAT means a
member of VCAT who is not a judicial
officer;".
13 Assistance for Formal Review witnesses
For section 93(3)(b)(v) of the Inquiries Act 2014
substitute--
"(v) whether persons who attend the Formal
Review at the request of the Formal Review
are entitled to be paid expenses and
allowances;".
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 3--Inquiries Act 2014
14 New section 114 substituted
For section 114 of the Inquiries Act 2014
substitute--
"114 Costs of attending Formal Review
(1) This section applies to a person who attends
a Formal Review at the request of the Formal
Review if the establishing instrument for the
Formal Review--
(a) provides that persons who attend the
Formal Review at the request of the
Formal Review are entitled to be paid
expenses and allowances; and
(b) authorises the Formal Review to incur
expenses and financial obligations.
(2) The person is entitled to be paid expenses
and allowances in accordance with the
prescribed scale.".
15 Criminal liability of officers of bodies corporate--
accessorial liability
For section 128(4) of the Inquiries Act 2014
substitute--
"(4) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
16 New Part 7 inserted
After Part 6 of the Inquiries Act 2014 insert--
"Part 7--Transitional
150 Inquiries by commissions and boards
under Part IVA of the Constitution Act
1975
(1) Despite the repeal of Part IVA of the
Constitution Act 1975--
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 3--Inquiries Act 2014
(a) a former commission or former board
has, and is to be taken always to have
had, the power to continue a current
inquiry; and
(b) the Governor in Council may amend
the letters patent or other instrument of
appointment of a former commission or
former board in relation to a current
inquiry as if that Part had not been
repealed.
(2) In this section--
current inquiry means an inquiry by a
former commission or former board
that was begun but has not been
completed before the repeal of
Part IVA of the Constitution Act 1975;
former board means a board appointed
under section 88C of the Constitution
Act 1975 before the repeal of Part IVA
of that Act;
former commission means a person or
persons to whom a commission was
issued under section 88B of the
Constitution Act 1975 before the
repeal of Part IVA of that Act.".
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Part 4--Repeal of amending Act
Part 4--Repeal of amending Act
17 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Parliamentary Committees and Inquiries Acts Amendment Act 2015
No. of 2015
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Parliamentary Committees Act 2003 to amalgamate certain committees
and to make various minor amendments to the Inquiries Act 2014 and
for other purposes."
By Authority. Government Printer for the State of Victoria.
15
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