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STATUTE LAW (FURTHER REVISION) BILL 2006

                 PARLIAMENT OF VICTORIA

         Statute Law (Further Revision) Act 2006
                               Act No.


                      TABLE OF PROVISIONS
Clause                                                             Page
  1.     Purpose                                                      1
  2.     Commencement                                                 1
  3.     Amendment of Acts                                            2
  4.     Repeal of Acts                                               2
  5.     Saving of references                                         2
                            __________________

SCHEDULES                                                             4
SCHEDULE 1--Amendment of Acts                                         4
SCHEDULE 2--Repeal of Acts                                           10
                          

ENDNOTES                                                             17




                                   i
551460B.I1-1/3/2006                        BILL LA INTRODUCTION 1/3/2006

 


 

PARLIAMENT OF VICTORIA A BILL to revise further the Statute Law of Victoria. Statute Law (Further Revision) Act 2006 The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to revise further the Statute Law of Victoria. 2. Commencement (1) Subject to sub-section (2), this Act comes into 5 operation on the day after the day on which it receives the Royal Assent. 1 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 s. 3 Act No. (2) The following items in Schedule 1 are deemed to have come into operation on the following dates-- (a) item 1 on 5 August 2004; (b) item 2 on 22 June 2004; (c) item 3 on 30 November 2005; 5 (d) item 4 on 8 December 2005; (e) item 10 on 10 August 2005; (f) item 14.5 on 7 December 2005; (g) item 17 on 14 December 2004; (h) item 21 on 12 October 2004; 10 (i) item 27 on 20 September 2005; (j) item 31 on 13 May 2003; (k) item 35 on 22 November 2005; (l) item 40 on 13 September 2005. 3. Amendment of Acts 15 On the commencement of an item in Schedule 1, the Act specified in the heading to that item is amended as set out in that item. 4. Repeal of Acts The Acts listed in Schedule 2 are repealed. 20 5. Saving of references (1) If a provision of an Act that is repealed by this Act required a reference in an Act, subordinate instrument or other instrument or document to a person or body to be construed as a reference to 25 another person or body, the repeal of that provision does not affect the construction of that reference in that Act, instrument or document, unless the contrary intention appears. 2 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 s. 5 Act No. (2) This section does not affect or take away from the Interpretation of Legislation Act 1984. __________________ 3 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 1 Act No. SCHEDULES SCHEDULE 1 Section 3 AMENDMENT OF ACTS 5 1. Ambulance Services Act 1986 In section 22(2), for "ambulance attaches" substitute "ambulance service attaches". 2. Ambulance Services (Amendment) Act 2004 In section 15(7), after "23(11)" insert "of the Principal Act". 10 3. Charities Act 1978 In section 7A, after "commencement" insert "of". 4. Children and Young Persons Act 1989 In section 184(2)(a), for "order, the youth attendance order;" substitute "order;". 15 5. Children, Youth and Families Act 2005 5.1 In section 155, after "returned" insert "to". 5.2 In section 326(2)(c) omit "in". 6. Co-operative Housing Societies Act 1958 6.1 In section 3(2) in paragraph (iii) of the proviso, for "an 20 appraiser appointed by the Board of Land and Works" substitute "the Minister administering Division 11 of Part 1 of the Land Act 1958". 6.2 In section 3(3) in paragraph (iii) of the proviso, for "an appraiser to be appointed by the Board of Land and Works" 25 substitute "the Minister administering section 138 of the Land Act 1958". 4 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 1 Act No. 7. Commonwealth Arrangements Act 1958 In section 7-- (a) omit "the railway service"; (b) omit "the Mental Hygiene Department"; 5 (c) for "Country Roads Act 1958" substitute "Transport Act 1983". 8. Commonwealth Games Arrangements Act 2001 In section 50(1)(b), for "event.." substitute "event.". 9. Dandenong Development Board Act 2003 10 In section 10(1)(g), for "chief executive officer of the Urban and Regional Land Corporation" substitute "chief executive of the Victorian Urban Development Authority". 10. Electricity Safety Act 1998 In section 101(1), for "section 7" substitute "section 6". 15 11. Firearms Act 1996 In section 15(2)(a)(ii), for "a a general" substitute "a general". 12. Freedom of Information Act 1982 12.1 In section 38A(1)(a), for "other" substitute "(other". 20 12.2 In section 66(1)(a), for "Act; and" substitute "Act.". 13. Gas Industry Act 2001 13.1 In section 3 the definition of "appeal tribunal" is repealed. 13.2 In section 3 the definition of "GFCV" is repealed. 13.3 Section 236(1)(c) is repealed. 25 14. Health Professions Registration Act 2005 14.1 In section 68(3), for "hearing panel" substitute "health panel". 14.2 In section 75-- (a) in sub-section (2)(b), before "the Secretary" insert 30 "to"; (b) in sub-section (3)(e), before "that authority" insert "to". 5 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 1 Act No. 14.3 In section 136(1)(b), for "the persons appointed are" substitute "each is". 14.4 In section 144(2), for "88, 90" substitute "88 or 90". 14.5 In section 179(6) for "20A(3A)(a)" substitute "20(3A)(a)". 5 15. Interpretation of Legislation Act 1984 15.1 In section 38, the definition of "Children's Court" is repealed. 15.2 In section 38 insert the following definition-- ' "Children's Court" means The Children's Court of 10 Victoria;'. 16. Labour and Industry Act 1958 The heading to Division 1 of Part VII is repealed. 17. Legal Profession Act 2004 17.1 In section 1.2.1 in the definition of "admission rules" for 15 "Division 3" substitute "Division 5". 17.2 In section 3.3.52(1), for "maintain" substitute "keep". 18. Local Government Act 1989 In clause 2(5) of Schedule 3, for "polling booth" substitute "voting centre". 20 19. Long Service Leave Act 1992 In the heading to section 158A, after "Conduct" insert "of". 20. Major Crime (Investigative Powers) Act 2004 In section 3 in the definition of "coercive powers order" for "approving" substitute "authorising". 25 21. Major Crime Legislation (Office of Police Integrity) Act 2004 In section 12, for "paragraph (a)" substitute "paragraph (c)". 22. Major Events (Crowd Management) Act 2003 In section 3(1) in paragraph (b) of the definition of "managed venue", for "under made" substitute "made 30 under". 6 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 1 Act No. 23. Mineral Resources Development Act 1990 23.1 Item 17 in Schedule 1 is repealed. 23.2 In Schedule 3-- (a) in clause 1, for "(1)" substitute "1." 5 (b) in clause 1A, for "(1A)" substitute "1A." (c) in clause 1B, for "(1B)" substitute "1B." (d) in clause 1B(a), for "sub-clause (1A)" substitute "clause 1A" . 24. Monash University Act 1958 10 In section 22 for "University" (where secondly occurring) substitute "University.". 25. Ombudsman Act 1973 In the Schedule omit "The office of lay observer under section 14Q or 32F of the Legal Profession Practice Act 15 1958.". 26. Petroleum Products (Terminal Gate Pricing) Act 2000 In section 3 in the definition of "GST", after "Services" insert "Tax". 27. Pipelines Act 2005 20 In section 194(2), after "deemed to" insert "be". 28. Plant Health and Plant Products Act 1995 In section 12(2), for "package" substitute "package,". 29. Police Assistance Compensation Act 1968 In section 3, for "2(4)" substitute "2(4))". 25 30. Police Regulation Act 1958 In section 86VD(2)-- (a) for "(a) divert" substitute "(i) divert"; (b) for "(b) interfere" substitute "(ii) interfere". 31. Port Services (Port of Melbourne Reform) Act 2003 30 In section 28(2), for 'Corporation" established' substitute "Corporation established". 32. Public Administration Act 2004 In section 22(2)(e), before "virtue" insert "by". 7 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 1 Act No. 33. Radiation Act 2005 33.1 In section 3(1) in the note at the foot of the definition of "radiation practice", after "referred to" insert "in". 33.2 In section 3(2), after "referred to" insert "in". 5 34. Rail Corporations Act 1996 34.1 In section 3(1) the definition of "freight service" is repealed. 34.2 In section 3(1), insert the following definition-- ' "freight service" means a service for the carrying of 10 freight by railway;'. 35. Retail Leases (Amendment) Act 2005 In section 48, in proposed section 23(6), for "not to apply" substitute "not apply". 36. Surveillance Devices Act 1999 15 36.1 In section 3(1) the definition of "Australian Crime Commission" is repealed. 36.2 In section 3(1) insert the following definition-- ' "Australian Crime Commission" means Australian Crime Commission established by the Australian 20 Crime Commission Act 2002 of the Commonwealth;'. 37. Treasury Corporation of Victoria Act 1992 In section 18 omit "(1)". 38. University of Ballarat Act 1993 38.1 In section 17(4)-- 25 (a) for "section 7(2)(j)" substitute "section 7(2)(i)"; (b) for "(h) (i) or (j)" substitute "(h) or (i)". 38.2 Sections 44 and 45 are repealed. 39. Workers Compensation Act 1958 39.1 In section 63(3), for "of his" substitute "or his". 30 39.2 In the heading to Part IVA omit "TRIBUNAL". 39.3 In section 103B(1)(b), for "employer's" substitute "employers' ". 8 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 1 Act No. 40. Working with Children Act 2005 In section 50(5), for "After clause 4(b)" substitute "At the end of clause 4". 41. Workplace Rights Advocate Act 2005 5 In section 14(1), for "its functions" substitute "his or her functions". __________________ 9 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 2 Act No. SCHEDULE 2 Section 4 REPEAL OF ACTS Act No. Title of Act 1900 1703 Inscribed Stock Judgments Act 1900 1905 2001 Stock and Debentures Registers Act 1905 1915 2803 River Murray Waters Act 1915 (No. 2) 1923 3287 River Murray Waters Act 1923 1934 4246 Commonwealth and States Financial Agreement Act 1934 4268 River Murray Waters Act 1934 1944 5051 Commonwealth and States Financial Agreement Act 1944 1954 5833 River Murray Waters Act 1954 1963 7061 River Murray Waters (Menindee Lakes Storage) Act 1963 1970 7949 River Murray Waters (Dartmouth Reservoir) Act 1970 1974 8541 Morwell and Mirboo Railway Removal Act 1974 8613 Municipalities Assistance (Amendment) Act 1974 10 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 2 Act No. Act No. Title of Act 1975 8773 Horse Breeding (Repeal) Act 1975 1977 9072 Rural Finance and Settlement Commission (Amendment) Act 1977 1978 9248 Community Welfare Services Act 1978 1979 9263 Exhibition (Amendment) Act 1979 1990 2 Education (Amendment) Act 1990 37 Private Agents (Amendment) Act 1990 1991 34 Credit (Further Amendment) Act 1991 1993 24 Docklands Authority (Amendment) Act 1993 1994 9 Small Business Development Corporation (Amendment) Act 1994 29 Arts Institutions (Amendment) Act 1994 98 Gaming and Betting (Amendment) Act 1994 2000 22 Federal Courts (Consequential Amendments) Act 2000 45 Appropriation (2000/2001) Act 2000 46 Appropriation (Parliament 2000/2001) Act 2000 81 Melbourne City Link (Miscellaneous Amendments) Act 2000 11 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 2 Act No. Act No. Title of Act 2001 37 Appropriation (2001/2002) Act 2001 38 Appropriation (Parliament 2001/2002) Act 2001 86 Fair Trading (Unconscionable Conduct) Act 2001 2002 1 Road Safety (Alcohol Interlocks) Act 2002 2 Sentencing (Amendment) Act 2002 3 Wildlife (Amendment) Act 2002 4 Judicial Remuneration Tribunal (Amendment) Act 2002 5 Water (Irrigation Farm Dams) Act 2002 6 Water (Irrigation Farm Dams) (Amendment) Act 2002 7 Forensic Health Legislation (Amendment) Act 2002 8 Constitution (Governor's Salary) Act 2002 9 Corporations (Financial Services Reform Amendments) Act 2002 10 Electricity Industry (Amendment) Act 2002 11 Statute Law (Further Revision) Act 2002 13 Melbourne City Link (Further Miscellaneous Amendments) Act 2002 14 Health Practitioner Acts (Further Amendments) Act 2002 16 Crimes (DNA Database) Act 2002 17 Fisheries (Further Amendment) Act 2002 18 National Crime Authority (State Provisions) (Amendment) Act 2002 19 Racing Acts (Amendment) Act 2002 20 Rail Corporations (Amendment) Act 2002 22 Casino (Management Agreement) (Amendment) Act 2002 24 Energy Legislation (Further Miscellaneous Amendments) Act 2002 25 House Contracts Guarantee (HIH Further Amendment) Act 2002 12 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 2 Act No. Act No. Title of Act 26 Magistrates' Court (Amendment) Act 2002 27 Magistrates' Court (Koori Court) Act 2002 28 Pathology Services Accreditation (Amendment) Act 2002 29 State Taxation Acts (Further Tax Reform) Act 2002 30 State Taxation Legislation (Further Amendment) Act 2002 31 Tobacco (Miscellaneous Amendments) Act 2002 32 Transport (Further Miscellaneous Amendments) Act 2002 35 Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 36 Domestic Building Contracts (Conciliation and Dispute Resolution) Act 2002 37 Environment Protection (Resource Efficiency) Act 2002 38 Gaming Legislation (Amendment) Act 2002 39 Liquor Control Reform (Packaged Liquor Licences) Act 2002 40 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 41 Guardianship and Administration (Amendment) Act 2002 42 Agricultural Industry Development (Further Amendment) Act 2002 43 Juries (Amendment) Act 2002 44 Agriculture Legislation (Amendments and Repeals) Act 2002 45 Residential Tenancies (Amendment) Act 2002 46 Road Safety (Responsible Driving) Act 2002 49 Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002 50 National Parks (Box-Ironbark and Other Parks) Act 2002 51 Gas Industry (Residual Provisions) (Amendment) Act 2002 52 Limitation of Actions (Amendment) Act 2002 54 Transport (Highway Rule) Act 2002 13 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 2 Act No. Act No. Title of Act 2003 1 Public Holidays and Shop Trading Reform Acts (Amendment) Act 2003 3 Parliamentary Committees and Parliamentary Salaries and Superannuation Acts (Amendment) Act 2003 5 Shop Trading Reform (Essential Goods Amendment) Act 2003 8 Business Licensing Legislation (Amendment) Act 2003 9 Control of Weapons and Firearms Acts (Search Powers) Act 2003 10 Crimes (Property Damage and Computer Offences) Act 2003 12 Pay-roll Tax (Maternity and Adoption Leave Exemption) Act 2003 13 Sentencing (Amendment) Act 2003 17 Country Fire Authority (Volunteer Protection and Community Safety) Act 2003 20 Melbourne Cricket Ground (Amendment) Act 2003 21 Murray-Darling Basin (Amendment) Act 2003 26 University Acts (Amendment) Act 2003 27 Vocational Education and Training (TAFE Qualifications) Act 2003 28 Firearms (Trafficking and Handgun Control) Act 2003 30 Fair Trading (Amendment) Act 2003 32 Regional Infrastructure Development Fund (Amendment) Act 2003 33 Summary Offences (Offensive Behaviour) Act 2003 34 Transport (Miscellaneous Amendments) Act 2003 35 Water (Victorian Water Trust Advisory Council) Act 2003 36 Audit (Amendment) Act 2003 37 Constitution (Water Authorities) Act 2003 38 Corrections (Amendment) Act 2003 14 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 2 Act No. Act No. Title of Act 39 Courts Legislation (Amendment) Act 2003 41 Estate Agents and Sale of Land Acts (Amendment) Act 2003 42 Legal Practice (Validations) Act 2003 43 Planning and Environment (Metropolitan Green Wedge Protection) Act 2003 44 Road Safety (Heavy Vehicle Safety) Act 2003 47 Victims of Crime Assistance (Miscellaneous Amendments) Act 2003 48 Water Legislation (Essential Services Commission and Other Amendments) Act 2003 51 Attorney-General and Solicitor-General (Amendment) Act 2003 54 Crimes (Family Violence) (Amendment) Act 2003 56 Fisheries (Amendment) Act 2003 57 Livestock Disease Control (Amendment) Act 2003 58 State Taxation Acts (Miscellaneous Amendments) Act 2003 60 Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003 61 Catchment and Land Protection (Amendment) Act 2003 63 Confiscation (Amendment) Act 2003 65 National Environment Protection Council (Victoria) (Amendment) Act 2003 66 Constitution (Supreme Court) Act 2003 67 Health Legislation (Amendment) Act 2003 70 Superannuation Acts (Family Law) Act 2003 71 Supreme Court (Vexatious Litigants) Act 2003 73 Grain Handling and Storage (Amendment) Act 2003 74 Heritage (Amendment) Act 2003 75 Instruments (Enduring Powers of Attorney) Act 2003 76 Mental Health (Amendment) Act 2003 15 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Sch. 2 Act No. Act No. Title of Act 77 Planning and Environment (Port of Melbourne) Act 2003 78 Travel Agents (Amendment) Act 2003 82 Education (Workplace Learning) Act 2003 83 Education Legislation (Miscellaneous Amendments) Act 2003 85 Port Services (Port Management Reform) Act 2003 86 Royal Botanic Gardens (Amendment) Act 2003 88 Victorian Curriculum and Assessment Authority (Amendment) Act 2003 89 Victorian Qualifications Authority (Amendment) Act 2003 90 Water Legislation (Amendment) Act 2003 91 Electoral (Amendment) Act 2003 92 Emerald Tourist Railway (Amendment) Act 2003 93 Residential Tenancies (Amendment) Act 2003 94 Road Safety (Amendment) Act 2003 96 ANZAC Day (Amendment) Act 2003 97 Forests and National Parks Acts (Amendment) Act 2003 99 Partnership (Venture Capital Funds) Act 2003 101 Transport (Rights and Responsibilities) Act 2003 102 Wrongs and Other Acts (Law of Negligence) Act 2003 104 Crimes (Money Laundering) Act 2003 105 Crimes (Stalking) Act 2003 106 Fair Trading (Further Amendment) Act 2003 107 Firearms (Amendment) Act 2003 108 Fisheries (Further Amendment) Act 2003 109 Local Government (Democratic Reform) Act 2003 112 Shop Trading Reform (Simplification) Act 2003 113 State Taxation Acts (Further Miscellaneous Amendments) Act 2003 16 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

Statute Law (Further Revision) Act 2006 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 17 551460B.I1-1/3/2006 BILL LA INTRODUCTION 1/3/2006

 


 

 


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