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STATUTE LAW REVISION BILL 2005

                                                                       Statute Law Revision Bill
Victorian Legislation and Parliamentary Documents




                                                                              Introduction Print

                                                                   EXPLANATORY MEMORANDUM


                                                                                       General
                                                    The purpose of this Bill is to revise the statute law of Victoria. The Bill
                                                    makes minor amendments to a number of Acts to correct grammatical and
                                                    typographical errors, to update references and for other similar purposes.
                                                    The Bill re-enacts in the Crimes Act 1958 and the Sentencing Act 1991
                                                    certain ongoing transitional provisions. The Bill will also repeal a number of
                                                    spent Acts.

                                                                                    Clause Notes
                                                    Clause 1    sets out the purpose of the Bill.

                                                    Clause 2    sets out the commencement of the Act.

                                                    Clause 3    provides for the Acts listed in Schedule 1 to be amended as set
                                                                out in that Schedule.

                                                    Clause 4    provides for the Acts listed in Schedule 2 to be amended as set
                                                                out in that Schedule.

                                                    Clause 5    provides for the Acts listed in Schedule 3 to be repealed.

                                                                                      Schedule 1

                                                                                Amendment of Acts

                                                                               General Amendments
                                                    Item 1      Administration and Probate Act 1958
                                                                This item amends sections 71, 72, 73, 74, 76, 77 and 78 to make
                                                                it clear that certain references to "registrar" in those sections are
                                                                references to the "registrar of probates".

                                                    Item 2      Agricultural Industry Development Act 1990
                                                                This item amends section 63(2) to correct a typographical error.


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Item 3 Borrowing and Investment Powers Act 1987 This item amends Schedule 1 to omit item 10 which referred to Victorian Legislation and Parliamentary Documents the powers of the trustees of the Parliamentary Contributory Superannuation Fund. Powers in relation to the investment of the Fund are now conferred on the Parliamentary Trustee (see item 39 of Schedule 1 and also section 11(5) of the Parliamentary Salaries and Superannuation Act 1968). Item 10 is redundant. Item 4 Children's Services Act 1996 This item amends sections 54 and 55 to substitute references to the Victorian Civil and Administrative Tribunal as a consequence of the enactment of the Victorian Civil and Administrative Tribunal Act 1998. Item 5 Consumer Credit (Victoria) Act 1995 Item 5.1 amends section 16 to correct a typographical error. Item 5.2 amends section 36(b) to insert the words "herself or itself" to ensure consistency of expression. Item 6 Credit Act 1984 This item amends section 6(1)(a) to correct a typographical error. Item 7 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 This item amends section 57(1) to omit an unnecessary word. Item 8 Food Act 1984 This item amends section 59 to remove references to sections that have been repealed. Item 9 Heritage Act 1995 This item amends section 68(1) to correct a grammatical error. Item 10 Infertility Treatment Act 1995 This item amends section 149(1) to remove an unnecessary conjunction. Item 11 Labour and Industry Act 1958 This item amends section 123(2) to correct an out of date reference. 2

 


 

Item 12 Land Tax Act 1958 This item amends section 58A(1) to remove an unnecessary Victorian Legislation and Parliamentary Documents conjunction. Item 13 Land (Reservations and other Matters) Act 1999 This item amends section 20(1) to correct a typographical error. Item 14 Local Government Act 1989 This item amends clause 11B(17) of Schedule 3 to correct a numbering error. Item 15 Melbourne and Metropolitan Board of Works Act 1958 This item amends section 281C(4) and 281C(6) to substitute a reference to the Victorian Civil and Administrative Tribunal as a consequence of the enactment of the Victorian Civil and Administrative Tribunal Act 1998. Item 16 Metropolitan Fire Brigades Act 1958 This item amends section 63(3) as a consequence of the enactment of the Liquor Control Reform Act 1998. Item 17 Planning and Environment Act 1987 Item 17.1 amends section 46H as a consequence of the enactment of the Liquor Control Reform Act 1998. Item 17.2 amends section 52(1) to correct a typographical error. Item 18 Sale of Land Act 1962 This item amends section 32(2) to correct a typographical error. Item 19 Securities Industry Act 1975 This item amends section 70(a) to correct a remaining reference to "banker". References in Acts to "authorised deposit-taking institution" and "institution" were substituted for "bank" and "banker" by the Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001. Item 20 Southgate Project Act 1994 This item amends section 20(7) to correct a typographical error. 3

 


 

Item 21 Statistics Act 1958 This item amends section 14 to correct an out of date reference to Victorian Legislation and Parliamentary Documents "officer". Item 22 Transfer of Land Act 1958 This item corrects an out of date reference to a repealed Act. Item 23 Valuation of Land Act 1960 This item amends section 2(9) to insert a reference to "Victorian Civil and Administrative Tribunal" as a consequence of the enactment of the Victorian Civil and Administrative Tribunal Act 1998. Item 24 Victims of Crime Assistance Act 1996 This item amends section 69(1) to substitute a reference to "Victorian Civil and Administrative Tribunal" as a consequence of the enactment of the Victorian Civil and Administrative Tribunal Act 1998. Item 25 Vocational Education and Training Act 1990 This item amends sections 19(2), 20, 20AA(1), 91B, 91C, 92 and 93 to substitute references to the Secretary to the Department of Education and Training for references to the Director. These amendments are in consequence of Administrative Arrangements Order (No. 178) 2002. Item 26 Water Industry Act 1994 This item amends section 65(1) to correct an out of date reference. Item 27 Wildlife Act 1975 This item amends sections 22(1) and 22A(1) to correct grammatical errors. Item 28 Wrongs (Public Contracts) Act 1981 This item amends sections 3(1) and 3(3) to substitute the modern spelling of "employee". 4

 


 

Schedule 2 Amendment of Acts Victorian Legislation and Parliamentary Documents Transitional Provisions Item 1 Crimes Act 1958 This item inserts new sections 585A, 585B, 585C and 585D into the Crimes Act 1958. New section 585A re-enacts section 21(2) and the Schedule to the Crimes (Sexual Offences) Act 1991 (as amended by the Crimes (Rape) Act 1991). The provisions are ongoing transitional provisions and are more appropriately placed in the Crimes Act 1958 than in the Crimes (Sexual Offences) Act 1991 which is an amending Act. The re-enactment allows the Crimes (Sexual Offences) Act 1991 to be repealed by this Bill. New section 585B re-enacts section 11 of the Crimes (Amendment) Act 1993. Section 11 contains ongoing transitional provisions that are more appropriately placed in the Crimes Act 1958 than in the Crimes (Amendment) Act 1993 which is an amending Act. The re-enactment allows the Crimes (Amendment) Act 1993 to be repealed by this Bill. New section 585C re-enacts sections 6(4) and 9 of the Miscellaneous Acts (Omnibus Amendments) Act 1996. Sections 6(4) and 9 contain ongoing transitional provisions that are more appropriately placed in the Crimes Act 1958 than in the Miscellaneous Acts (Omnibus Amendments) Act 1996 which is an amending Act. The re-enactment allows the Miscellaneous Acts (Omnibus Amendments) Act 1996 to be repealed by this Bill. New section 585D re-enacts section 63 of the Sentencing and Other Acts (Amendment) Act 1997. Section 63 contains ongoing transitional provisions that are more appropriately placed in the Crimes Act 1958 than in the Sentencing and Other Acts (Amendment) Act 1997 which is an amending Act. The re-enactment allows the Sentencing and Other Acts (Amendment) Act 1997 to be repealed by this Bill. 5

 


 

Item 2 Sentencing Act 1991 This item inserts new sections 117A and 117B into the Victorian Legislation and Parliamentary Documents Sentencing Act 1991. New section 117A re-enacts section 26 of the Sentencing (Amendment) Act 1993. The provision is an ongoing transitional provision and is more appropriately placed in the Sentencing Act 1991 than in the Sentencing (Amendment) Act 1993 which is an amending Act. The re-enactment allows the Sentencing (Amendment) Act 1993 to be repealed by this Bill. New section 117B re-enacts section 21 of the Miscellaneous Acts (Omnibus Amendments) Act 1996. The provision is an ongoing transitional provision and is more appropriately placed in the Sentencing Act 1991 than in the Miscellaneous Acts (Omnibus Amendments) Act 1996 which is an amending Act. The re-enactment allows the Miscellaneous Acts (Omnibus Amendments) Act 1996 to be repealed by this Bill. Schedule 3 Repeal of Acts The Acts set out in Schedule 3 are spent in their operation. The Acts to be repealed fall into 4 categories-- 1. Spent Principal Acts The Principal Acts to be repealed are-- 1.1 Constitutional Convention Act 1972 The repeal of this Act was recommended by the Scrutiny of Acts and Regulations Committee in its report of May 2000. 1.2 Australia Acts (Request) Act 1999 This Act could only have come into operation if the Commonwealth Bill titled "Constitution Alteration (Establishment of Republic) 1999" had received Royal Assent. This Commonwealth Bill was passed by an absolute majority of each House of the Federal Parliament and was submitted to the electors in a referendum (see section 128 of the Constitution). The proposal was rejected by the electors on 6 November 1999 and so did not receive Royal Assent. The Victorian Act is spent. 6

 


 

1.3 The following Appropriation Acts-- Appropriation (1994-95, No. 1) Act 1994 Victorian Legislation and Parliamentary Documents Appropriation (Parliament 1994-95, No. 1) Act 1994 Appropriation (1995-96, No. 1) Act 1995 Appropriation (Parliament 1995-96, No. 1) Act 1995 Appropriation (1996/97, No. 1) Act 1996 Appropriation (Parliament 1996/97, No. 1) Act 1996 Appropriation (1997/98) Act 1997 Appropriation (Parliament 1997/98) Act 1997 Appropriation (1998/99) Act 1998 Appropriation (Parliament 1998/99) Act 1998 Appropriation (1999/2000) Act 1999 Appropriation (Parliament 1999/2000) Act 1999 New appropriation Acts are enacted each year. These Appropriation Acts were enacted 5 or more years ago and are spent in their operation and can now be repealed. 1.4 The following Repeal Acts-- Benefit Associations (Repeal) Act 2001 Business Investigations (Repeal) Act 2001 Auction Sales (Repeal) Act 2001 These Acts each repeal a Principal Act and contain no transitional provisions. They have taken effect and are now spent in their operation and can be repealed. 2. Spent Amending Acts with transitional or substantive provisions The Bill repeals the following amending Acts that contain transitional or substantive provisions. The amendments or repeals made by the Acts are wholly in operation and have amended or repealed the provisions of Acts they were enacted to amend or repeal. The transitional provisions are no longer required either because of the passage of time and subsequent enactments since the Acts were enacted or because they have been re-enacted in the relevant Principal Act by this Bill. The substantive provisions are no longer required because they have taken effect or have been re-enacted in the relevant Principal Act. Any residual effect of the transitional and substantive provisions that have not been re-enacted will be 7

 


 

saved by section 14 of the Interpretation of Legislation Act 1984-- Victorian Legislation and Parliamentary Documents 2.1 Health Services (Amendment) Act 1990 (No. 31/1990) This is an amending Act that has a substantive provision in section 6. Section 6 empowered the Commissioner for Corporate Affairs to record the effect of the change from The Tweddle Baby Hospital to the Tweddle Child and Family Health Service made by amendments to the Health Services Act 1988 in Act No. 31/1990. Section 6 is no longer required and the other provisions of Act No. 31/1990 are amending or repealing provisions. 2.2 Courts (Children's and Magistrates') Act 1990 (No. 34/1990) This is an amending Act. Schedule 2 contains transitional and savings provisions relating to amendments made to the Children's Court Act 1973 by Act No. 34/1990. The Children's Court Act 1973 was repealed by the Children and Young Persons Act 1989 in 1992. The transitional and saving provisions are now spent. The other provisions of Act No. 34/1990 are amending or repealing provisions. 2.3 Land Conservation (Amendment) Act 1990 (No. 41/1990) This is an amending Act that contains a saving provision in section 4(2). Section 4(2) provides that the Land Conservation Council (under the Land Conservation Act 1970) as reconstituted is the same body as before it was reconstituted. The Land Conservation Act 1970 was repealed by the Environment Conservation Council Act 1997 which was in turn repealed by the Victorian Environmental Assessment Council Act 2001. Section 4(2) is a spent provision. The other provisions of Act No. 41/1990 are amending or repealing provisions. 2.4 Wildlife (Amendment) Act 1990 (No. 70/1990) This is an amending Act that contains a saving provision in section 13. Section 13 provides for existing licences to continue in force for the unexpired period of the licence. The licence periods for those licences have expired. Section 13 is now spent. The other provisions of Act No. 70/1990 are amending or repealing provisions. 8

 


 

2.5 Dentists (Amendment) Act 1990 (No. 74/1990) This is an amending Act that contains saving provisions in Victorian Legislation and Parliamentary Documents section 17. Section 17(1) continues the application of the existing provisions of the Dentists Act 1972 to an inquiry commenced before the commencement of section 17. Section 17(2) provides that the Specialist Practitioners Qualifications Committee is the same body even after it is reconstituted. The Dentists Act 1972 was repealed by the Dental Practice Act 1999. Section 17 is now spent. The other provisions of Act No. 74/1990 are amending or repealing provisions. 2.6 Environment Protection (Fees and Penalties) Act 1990 (No. 86/1990) This is an amending Act that contains a transitional provision in section 6(3). Section 6(3) sets out a basis for fixing licence fees under the Environment Protection Act 1970 for the period to 30 June 1993. Section 6(3) is now spent. The other provisions of Act No. 86/1990 are amending or repealing provisions. 2.7 National Parks (Miscellaneous Amendments) Act 1991 (No. 2/1991) This is an amending Act that contains a substantive provision in section 7 and a plan in a Schedule. Section 7 provides that certain land ceases to be reserved forest. This section has taken effect and is now spent. The Act also includes a plan in a Schedule for the purposes of Part 37 (Alpine National Park) of Schedule Two to the National Parks Act 1975. Part 37 was amended by Act No. 35/1997 (section 30) to omit reference to that plan. The Schedule is now spent. The other provisions of Act No. 2/1991 are amending or repealing provisions. 2.8 Crimes (Sexual Offences) Act 1991 (No. 8/1991) This is an amending Act that contains ongoing transitional provisions in section 21(2) and the Schedule. These provisions have been re-enacted as section 585A of the Crimes Act 1958 by Schedule 2 to this Bill (item 1). 9

 


 

2.9 Racing (Miscellaneous Amendments) Act 1991 (No. 32/1991) Victorian Legislation and Parliamentary Documents This is an amending Act that contains transitional provisions in sections 10(3) and 11(9). The transitional provision in section 10(3) relates to sections 116I and 116CG of the Racing Act 1958. The transitional provision in section 11(9) relates to sections 116BU, 116CD, 116CG and 116CI of the Racing Act 1958. These sections of the Racing Act 1958 were repealed by section 194 of the Gaming and Betting Act 1994 (No. 37/1994). Sections 10(3) and 11(9) are spent. The other provisions of Act No. 32/1991 are amending or repealing provisions. 2.10 Shop Trading (Further Amendment) Act 1991 (No. 56/1991) This is an amending Act that contains transitional provisions in section 20. Section 20(1) saves certain Orders under the Shop Trading Act 1987. Section 20(2) provides for the time of application of section 7A (Sunday trading) inserted in the Shop Trading Act 1987 by the 1991 Act. The Shop Trading Act 1987 was repealed by the Shop Trading Reform Act 1996 (Act No. 38/1996). Section 20 is spent. The remaining provisions of Act No. 56/1991 are amending or repealing provisions. Section 22 (a sunset provision) of Act No. 56/1991 was repealed by Act No. 4/1993. 2.11 Corporations (Victoria) (Amendment) Act 1991 (No. 61/1991) This is an amending Act that contains a transitional provision in section 19. Section 19 required certain reports and financial statements prepared by the Australian Securities Commission on the abolition of the National Companies and Securities Commission (NCSC) (by Act 110/1991 of the Commonwealth) to be tabled in the Victorian Parliament. The reports for the NCSC for the period ending 31 July 1992 were tabled in the Legislative Assembly on 20 July 1993 and in the Legislative Council on 11 August 1993. Section 19 is now spent. The remaining provisions of Act No. 61/1991 are amending or repealing provisions. 10

 


 

2.12 Sentencing (Amendment) Act 1993 (No. 41/1993) This is an amending Act that contains an ongoing Victorian Legislation and Parliamentary Documents transitional provision in section 26. Section 26 has been re-enacted as section 117A of the Sentencing Act 1991 by Schedule 2 to this Bill (item 2). The remaining provisions of Act No. 41/1993 are amending or repealing provisions. 2.13 Racing (Amendment) Act 1993 (No. 49/1993) This is an amending Act that contains transitional provisions in section 14. Section 14(1) applies the provision providing for a 5 year term of office for the executive director of the Greyhound Racing Control Board to the person then holding office as executive director. Section 14(2) provides for the members of the Totalizator Agency Board to go out of office. Section 14 is now spent. The remaining provisions of Act No. 49/1993 are amending or repealing provisions. 2.14 Public Sector Management (Amendment) Act 1993 (No. 97/1993) This is an amending Act that contains transitional provisions in sections 13(4), 23(3) and 23(4) relating to the Public Sector Management Act 1992. Section 13(4) is a transitional provision relating to the employment of temporary employees. Sections 23(3) and 23(4) are transitional provisions relating to accrued leave for executives. These transitional provisions are now spent. The Public Sector Management Act 1992 has been repealed. Any existing contract of employment to which section 13(4) would have applied has expired. Any executive contract to which section 23(3) would have applied has ended. The remaining provisions of Act No. 97/1993 are amending or repealing provisions. 2.15 Crimes (Amendment) Act 1993 (No. 129/1993) This is an amending Act that contains ongoing transitional provisions in section 11. Section 11 has been re-enacted as section 585B of the Crimes Act 1958 by Schedule 2 to this Bill (item 1). The remaining provisions of Act No. 129/1993 are amending or repealing provisions. 11

 


 

2.16 Victorian Institute of Marine Sciences (Amendment) Act 1994 (No. 48/1994) Victorian Legislation and Parliamentary Documents This is an amending Act with transitional provisions in section 10. Section 10 provides for the change of the governing body of the Victorian Institute of Marine Sciences from a Council to the Board. Section 10 is now spent. The Victorian Institute of Marine Sciences Act 1974 was repealed by Act No. 74/1998. The remaining provisions of Act No. 48/1994 are amending or repealing provisions. 2.17 Lotteries Gaming and Betting (General Amendment) Act 1994 (No. 100/1994) This is an amending Act with transitional provisions in section 29. Section 29(1) provides for the expiry of certain approvals under section 6AD of the Lotteries Gaming and Betting Act 1966 12 months after the commencement of section 29. That expiry has occurred. Section 29(2) saves bingo centre operator licences. The maximum period of saving of those licences (12 months) has expired. The remaining provisions of Act No. 100/1994 are amending or repealing provisions. 2.18 Financial Management and Audit Acts (Amendment) Act 1995 (43/1995) This is an amending Act with transitional provisions in section 5 relating to the application of new sections 45 to 47. The transitional operation is now spent. The remaining provisions of Act No. 43/1995 are amending or repealing provisions. 2.19 Business Franchise (Tobacco) (Amendment) Act 1995 (No. 55/1995) This is an amending Act with transitional provisions in sections 12(2), 12(3), 16, 17 and 18. Sections 12(2) and 12(3) relate to section 10 of the Business Franchise (Tobacco) Act 1974. Section 10 has been repealed. Sections 16, 17 and 18 relate to specific periods and are now spent. The remaining provisions of Act No. 55/1995 are amending or repealing provisions. 12

 


 

2.20 Firearms (Prohibited Firearms) Act 1996 (No. 15/1996) This is an amending Act with a substantive provision in Victorian Legislation and Parliamentary Documents section 4. Section 4 provides that existing authorities issued under section 32 of the Firearms Act 1958 are cancelled. The section has taken effect and the Firearms Act 1958 has been repealed. This amending Act can also be repealed. The remaining provisions of Act No. 15/1996 are amending or repealing provisions. 2.21 Miscellaneous Acts (Omnibus Amendments) Act 1996 (No. 22/1996) This is an amending Act that contains transitional provisions in sections 6(4), 9, 21 and 24(2). Sections 6(4) and 9 are ongoing provisions and have been re-enacted as section 585C of the Crimes Act 1958 by Schedule 2 to this Bill (item 1). Section 21 is an ongoing provision and has been re-enacted as section 117B of the Sentencing Act 1991 by Schedule 2 to this Bill (item 2). Section 24(2) is spent in its operation as it concerned the filling of a vacancy in an office of Assistant Principal that was advertised before 1 October 1996. 2.22 Public Sector Management and Parliamentary Officers (Amendment) Act 1996 (No. 24/1996) This is an amending Act that contains a saving provision in section 8(2) relating to an existing election to return to the public sector under section 64(5) of the Public Sector Management Act 1992. That section has taken effect and the 1992 Act was repealed by the Public Sector Management and Employment Act 1998. The remaining provisions of Act No. 24/1996 are amending or repealing provisions. 2.23 Melbourne Exhibition Centre (Amendment) Act 1996 (No. 72/1996) This is an amending Act that contains a substantive provision in section 4. Section 4 revokes an Order in Council and sets out the effect of the revocation. This section has taken effect and the Act can now be repealed. 13

 


 

2.24 Education (Standards Council) Act 1997 (No. 3/1997) This is an amending Act that contains a transitional Victorian Legislation and Parliamentary Documents provision in section 5. Section 5 relates to Part IIIA (Standards Council of the Teaching Profession) that was inserted into the Education Act 1958 by this amending Act. Part IIIA was repealed by the Victorian Institute of Teaching Act 2001. Section 5 is now spent. 2.25 Gaming Acts (Further Amendment) Act 1997 (No. 15/1997) This is an amending Act that contains a substantive provision in section 21(2). Section 21(2) requires the balance of the money standing to the credit of the Lotteries Development Fund under the Tattersall Consultations Act 1958 to be paid to the promoter on the repeal of section 6AA of that Act. Section 6AA was repealed on 1 July 1997 and the relevant amount has been paid to the promoter. Section 21(2) is spent. 2.26 Sentencing and Other Acts (Amendment) Act 1997 (No. 48/1997) This is an amending Act that contains ongoing transitional provisions in section 63. Section 63 has been re-enacted as section 585D of the Crimes Act 1958 by Schedule 2 to this Bill (item 1). 2.27 Sentencing (Amendment) Act 1997 (No. 69/1997) This is an amending Act that contains a substantive provision in section 26(2). Section 26(2) of this Act amends by reference section 38 of the Magistrates' Court Act 1989. This temporary amendment commenced on 18 November 1997 (the date of Royal Assent of Act No. 69/1997) and operated only until the commencement of sections 13(2)(b) and 19(2)(b) of the Sentencing and Other Acts (Amendment) Act 1997 on 20 November 1997. Section 26(2) is now spent. 2.28 Education Acts (Amendment) Act 2000 (No. 8/2000) This is an amending Act with a substantive provision in section 3(4). Section 3(4) states that certain notices under section 15S of the Education Act 1958 cease to have effect. Section 3(4) has taken effect and is now spent. The remaining provisions of Act No. 8/2000 are amending or repealing provisions. 14

 


 

2.29 Local Government (Restoration of Local Democracy to Melton) Act 2000 (No. 55/2000) Victorian Legislation and Parliamentary Documents This is an amending Act that contains a substantive provision in section 6. Section 6 revokes a spent Order in Council. Section 6 is now also spent. The remaining provisions of Act No. 55 /2000 are amending or repealing provisions. 3. Spent Amending Act with unproclaimed provisions The Bill repeals the Fisheries (Shark Fishery) Act 1990 (No. 52/1990). Sections 1 to 5 of this Act are not in operation. These sections would amend the Fisheries Act 1968. The Fisheries Act 1968 was repealed by the section 154(1) of the Fisheries Act 1995. Act No. 52/1990 is spent and can be repealed. 4. Spent Amending Acts--wholly in operation The remainder of the Acts in Schedule 3 are amending Acts which are now wholly in operation and have amended the Acts they were enacted to amend and contain no transitional or substantive provisions. 15

 


 

 


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