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Statute Law (Further Revision) Bill
Introduction Print
EXPLANATORY MEMORANDUM
General
The purpose of this Bill is to revise further the Statute Law of Victoria.
The Act makes minor amendments to a number of Acts to correct
grammatical and typographical errors, to update references and for other
similar purposes. The Bill will also repeal a number of spent Acts and spent
provisions of Acts.
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 sets out the commencement of the Bill. Sub-section (2) provides
for a number of items in Schedule 1 to be given retrospective
commencement. The reason for the retrospective
commencement of an item is set out in the note on that item in
the notes on Schedule 1 below.
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Clause 4 provides for the Acts listed in Schedule 2 to be repealed.
Clause 5 provides that if a provision of an Act requires a reference to a
person or body to be construed as a reference to another person
or body in legislation or other instruments, the repeal of that
provision by this Bill does not affect the construction of that
reference, unless the contrary intention appears.
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551460 BILL LA INTRODUCTION 1/3/2006
Schedule 1
Amendment of Acts
Item 1 Ambulance Services Act 1986
This item amends section 22(2) to correct a typographical error.
Section 22(2) was inserted by section 14 of the Ambulance
Services (Amendment) Act 2004. To ensure that section 22(2)
operated effectively from the date it was inserted this item is
made retrospective to 5 August 2004--the date of
commencement of the Ambulance Services (Amendment)
Act 2004.
Item 2 Ambulance Services (Amendment) Act 2004
This item amends section 15(7) to add the words "of the Principal
Act" to ensure it is clear what Act is sought to be amended by
this section. To ensure that the amendments made by section
15(7) are effective, this item is made retrospective to 22 June
2004--the date of Royal Assent of the Ambulance Services
(Amendment) Act 2004.
Item 3 Charities Act 1978
This item amends section 7A to correct a typographical error.
Section 7A was inserted by section 10 of the Charities
(Amendment) Act 2005. To ensure section 7A operates
effectively from the date it was inserted, this item is made
retrospective to 30 November 2005--the date of commencement
of section 10 of the Charities (Amendment) Act 2005.
Item 4 Children and Young Persons Act 1989
This item amends section 184(2)(a) to omit unnecessary words
which were inadvertently not omitted by amendments made to
this section by section 603(4)(a) of the Children, Youth and
Families Act 2005. To ensure that section 184(2)(a) operates
correctly from the time it was amended by section 603(4)(a), this
item is made retrospective to 8 December 2005--the date of
commencement of section 603 of the Children, Youth and
Families Act 2005.
Item 5 Children, Youth and Families Act 2005
Item 5.1 amends section 155 to correct a typographical error.
Item 5.2 amends section 326(2)(c) to omit an unnecessary word.
2
Item 6 Co-operative Housing Societies Act 1958
Items 6.1 and 6.2 amend the provisos to sections 3(2) and 3(3) to
update out-of-date references to the Board of Land and Works,
which was abolished by the Public Lands and Works Act 1964.
Item 7 Commonwealth Arrangements Act 1958
This item amends section 7 to omit out-of-date references and to
update a reference from the now repealed Country Roads Act
1958 to the current Transport Act 1983.
Item 8 Commonwealth Games Arrangements Act 2001
This item amends section 50(1)(b) to remove an unnecessary full
stop.
Item 9 Dandenong Development Board Act 2003
This item amends section 10(1)(g) to correct out-of-date
references to both the "chief executive officer" and to the "Urban
and Regional Land Corporation" as a result of the enactment of
the Victorian Urban Development Authority Act 2003.
Item 10 Electricity Safety Act 1998
This item amends section 101(1) to refer to the correct section
setting out the objectives provision of the Act, as the section
numbers changed as a result of the amendments made by
section 45 of the Energy Safe Victoria Act 2005. To ensure that
section 101(1) operated effectively from the date the section
numbers changed, this item is made retrospective to 10 August
2005--the day section 45 of the Energy Safe Victoria Act 2005
came into operation.
Item 11 Firearms Act 1996
This item amends section 15(2)(a)(ii) to omit an unnecessary
word.
Item 12 Freedom of Information Act 1982
Item 12.1 amends section 38A(1)(a) to insert a missing
parenthesis.
Item 12.2 amends section 66(1)(a) to omit an unnecessary
conjunction which resulted from an earlier repeal of a paragraph.
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Item 13 Gas Industry Act 2001
Item 13.1 repeals the definition of "appeal tribunal" in section 3
as section 95, which established the tribunal, was repealed by the
Energy Legislation (Regulatory Reform) Act 2004.
Item 13.2 repeals the definition of "GFCV" in section 3 as the
term is no longer used in the Act.
Item 13.3 repeals section 236(1)(c) as it allows regulations to be
made with respect to the appointment of a registrar of the appeal
tribunal which has been abolished as a result of the Energy
Legislation (Regulatory Reform) Act 2004.
Item 14 Health Professions Registration Act 2005
Item 14.1 amends section 68(3) to correct an incorrect reference.
Item 14.2 amends sections 75(2)(b) and 75(3)(e) to correct
typographical errors.
Item 14.3 amends section 136(1)(b) to clarify the operation of the
paragraph.
Item 14.4 amends section 144(2) to insert a conjunction.
Item 14.5 amends section 179(6) to correct an incorrect section
reference. To ensure that the amendment made by section 179(6)
is effective, item 14.5 is made retrospective to 7 December
2005--the date of Royal Assent of the Health Professions
Registration Act 2005.
Item 15 Interpretation of Legislation Act 1984
Item 15.1 repeals the definition of "Children's Court" as it is not
in the correct alphabetical order. This definition was originally
inserted by the Children and Young Persons Act 1989
(No. 56/1989).
Item 15.2 re-inserts the same definition of "Children's Court" into
the Act, and relying on section 39A of the Act, the definition will
be inserted in the appropriate alphabetical order.
Item 16 Labour and Industry Act 1958
This item repeals the heading to Division 1 of Part VII as all
sections within that Division have been repealed.
4
Item 17 Legal Profession Act 2004
Item 17.1 amends the definition of "admission rules" in
section 1.2.1 to correct an incorrect reference.
Item 17.2 amends section 3.3.52(1) to correct an incorrect term.
Section 3.3.25 requires law practices to "keep" trust records.
Section 3.3.52 of the Act refers to "maintaining" trust records.
Section 3.3.52 is amended to ensure consistency within the Act.
To ensure that sections 1.2.1 and 3.3.52(1) operate effectively
from their commencement, items 17.1 and 17.2 are made
retrospective to 14 December 2004--the date of Royal Assent of
the Legal Profession Act 2004.
Item 18 Local Government Act 1989
This item amends clause 2(5) in Schedule 3 to amend a reference
to "polling booth", as it is a term not used elsewhere in the Act,
and replace it with the defined term "voting centre".
Item 19 Long Service Leave Act 1992
This item amends the heading to section 158A to correct a
typographical error.
Item 20 Major Crime (Investigative Powers) Act 2004
This item amends the definition of "coercive powers order" in
section 3 to make the language consistent with section 8 of the
Act.
Item 21 Major Crime Legislation (Office of Police Integrity) Act 2004
This item corrects an incorrect cross-reference in section 12.
To ensure that the amendment made by section 12 is effective
from its commencement, this item is made retrospective to
12 October 2004--the date of Royal Assent of the Major Crime
Legislation (Office of Police Integrity) Act 2004.
Item 22 Major Events (Crowd Management) Act 2003
This item amends section 3(1) to correct a typographical error.
Item 23 Mineral Resources Development Act 1990
Item 23.1 repeals item 17 of Schedule 1. Items 17.1 to 17.4
have never been proclaimed and the amendments they seek to
make to the Local Government Act 1989 are now ineffective
as the sections they were to amend have now been substituted.
Items 17.5 and 17.6 are spent.
Item 23.2 amends Schedule 3 to correct numbering errors.
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Item 24 Monash University Act 1958
This item amends section 22 to insert a missing full stop at the
end of the section.
Item 25 Ombudsman Act 1973
This item amends the Schedule to repeal the reference to the
office of lay observer under the Legal Profession Practice Act
1958, as that office has since been abolished.
Item 26 Petroleum Products (Terminal Gate Pricing) Act 2000
This item amends the definition of GST in section 3 to correct the
reference to the Commonwealth Act, A New Tax System (Goods
and Services Tax) Act 1999.
Item 27 Pipelines Act 2005
This item amends section 194(2) to correct a typographical error.
To ensure that section 194(2) operates effectively from its
commencement, this item is made retrospective to 20 September
2005--the date of Royal Assent of the Pipelines Act 2005.
Item 28 Plant Health and Plant Products Act 1995
This item amends section 12(2) to insert a missing comma into a
list of items.
Item 29 Police Assistance Compensation Act 1968
This item amends section 3 to insert a missing parenthesis.
Item 30 Police Regulation Act 1958
This item amends section 86VD(2) to correct numbering errors.
Item 31 Port Services (Port of Melbourne Reform) Act 2003
This item amends section 28(2) to remove an incorrectly placed
quotation mark. To ensure the amendment made by section 28(2)
is effective, this item is made retrospective to 13 May 2003--the
date of Royal Assent of the Port Services (Port of Melbourne
Reform) Act 2003.
Item 32 Public Administration Act 2004
This item amends section 22(2)(e) to correct a typographical
error.
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Item 33 Radiation Act 2005
Items 33.1 and 33.2 amend section 3 to correct typographical
errors.
Item 34 Rail Corporations Act 1996
Item 34.1 repeals the definition of "freight service" as it was not
inserted in the correct alphabetical order. This definition was
originally inserted by the Transport Legislation (Further
Amendment) Act 2005 (No. 25/2005).
Item 34.2 re-inserts the same definition of "freight service" into
the Act, and relying on section 39A of the Interpretation of
Legislation Act 1984, the definition will be inserted in the
appropriate alphabetical order.
Item 35 Retail Leases (Amendment) Act 2005
This item amends section 48 by amending proposed section 23(6)
of the Retail Tenancies Reform Act 1998 to correct a
typographical error. To ensure that the amendment made by
section 48 is effective (as it is amending the Retail Tenancies
Reform Act 1998 which was repealed in 2003), this item is made
retrospective to 22 November 2005--the date of Royal Assent of
the Retail Leases (Amendment) Act 2005.
Item 36 Surveillance Devices Act 1999
Item 36.1 repeals the definition of "Australian Crime
Commission" as it was not inserted in the correct alphabetical
order. This definition was originally inserted by the Australian
Crime Commission (State Provisions) Act 2003 (No. 52/2003).
Item 36.2 re-inserts the same definition of "Australian Crime
Commission" into the Act, and relying on section 39A of the
Interpretation of Legislation Act 1984, the definition will be
inserted in the appropriate alphabetical order.
Item 37 Treasury Corporation of Victoria Act 1992
This item omits an unnecessary sub-section number.
Item 38 University of Ballarat Act 1993
Item 38.1 amends section 17(4) to remove references to
section 7(2)(j) which does not exist.
Item 38.2 repeals sections 44, 45 and 46 as these provisions
are now spent.
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Item 39 Workers Compensation Act 1958
Item 39.1 amends section 63(3) to correct a typographical error.
Item 39.2 amends the heading to Part IVA to omit an
unnecessary word.
Item 39.3 amends section 103B(1)(b) to correct a punctuation
error.
Item 40 Working with Children Act 2005
This item amends section 50(5) to ensure that a proposed new
paragraph in clause 4 of Schedule 1 to the Sentencing Act 1991
is inserted in the correct alphabetical order. To ensure the
amendment made by section 50(5) is effective, this item is made
retrospective to 13 September 2005--the date of Royal Assent of
the Working with Children Act 2005.
Item 41 Workplace Rights Advocate Act 2005
This item amends section 14(1) to replace an incorrect pronoun.
Schedule 2
Repeal of Acts
The Acts set out in Schedule 2 are spent in their operation.
The Acts to be repealed fall into 3 categories--
1. Spent Principal Acts
The Principal Acts to be repealed are--
1.1 Inscribed Stock Judgments Act 1900 (No. 1703)
This Act provided for payment to be made to meet the
liabilities on Victorian Government stock inscribed in
books kept in the United Kingdom. There is no longer any
Victorian inscribed stock. This Act is now spent.
1.2 Stock and Debentures Registers Act 1905 (No. 2001)
This Act enabled the transfer of Victorian Government
inscribed stock or debentures that were registered in
London to be transferred to Treasury registers in
Melbourne and to be redeemable in Melbourne. There are
no longer any Victorian Government inscribed stock or
debentures. This Act is now spent.
8
1.3 River Murray Waters Act 1915 (No. 2) (No. 2803)
This Act was enacted to give effect to an agreement
between the Commonwealth, Victoria, New South Wales
and South Australia made on 9 September 1914.
This agreement was replaced by a new agreement in
1982 which has since been replaced by a 1992 agreement,
forming the basis for the Murray-Darling Basin Act 1993.
This 1915 Act is now spent.
1.4 River Murray Waters Act 1923 (No. 3287)
This Act was enacted to give effect to an agreement
between the Commonwealth, Victoria, New South Wales
and South Australia made on 10 August 1923.
This agreement was replaced by a new agreement in
1982 which has since been replaced by a 1992 agreement,
forming the basis for the Murray-Darling Basin Act 1993.
This 1923 Act is now spent.
1.5 Commonwealth and States Financial Agreement
Act 1934 (No. 4246)
The 1934 Act was enacted to approve an agreement
between the Commonwealth and the States to vary the
operation of the Commonwealth and States Financial
Agreement that was approved by the Commonwealth and
States Financial Agreement Act 1927 and the Debt
Conversion Agreements approved by the Debt Conversion
Agreement Act 1931 and the Debt Conversion
Agreement (No. 2) Act 1931 in relation to Soldier
Settlement loans. The 1927 Act and the 1931 Acts have
been repealed. The Act of the Commonwealth that
approved the 1934 Agreement, (the Soldier Settlement
Loans (Financial Agreement) Act 1935, No. 26 of 1935)
was repealed in 1996 by Act No. 43 of 1996. Any residual
liability of the State under the 1934 Agreement will be
preserved by the Interpretation of Legislation Act 1984.
The 1934 Act can be repealed.
1.6 River Murray Waters Act 1934 (No. 4268)
This Act was enacted to give effect to an agreement
between the Commonwealth, Victoria, New South Wales
and South Australia made on 23 July 1934. This agreement
was replaced by a new agreement in 1982 which has since
been replaced by a 1992 agreement, forming the basis for
the Murray-Darling Basin Act 1993. This 1934 Act is
now spent.
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1.7 Commonwealth and States Financial Agreement
Act 1944 (No. 5051)
The 1944 Act was enacted to approve an amending
agreement to the Commonwealth and States Financial
Agreement that was approved by the Commonwealth and
States Financial Agreement Act 1927. The 1927
agreement was replaced by a new Commonwealth-State
Financial Agreement that was approved by the Financial
Agreement Act 1994. The 1927 Act has been repealed.
The 1944 Act is spent.
1.8 River Murray Waters Act 1954 (No. 5833)
This Act was enacted to give effect to an agreement
between the Commonwealth, Victoria, New South Wales
and South Australia made on 2 November 1954.
This agreement was replaced by a new agreement in
1982 which has since been replaced by a 1992 agreement,
forming the basis for the Murray-Darling Basin Act 1993.
This 1954 Act is now spent.
1.9 River Murray Waters Act (Menindee Lakes Storage)
Act 1963 (No. 7061)
This Act was enacted to give effect to an agreement
between the Commonwealth, Victoria, New South Wales
and South Australia made on 8 October 1963.
This agreement was replaced by a new agreement in
1982 which has since been replaced by a 1992 agreement,
forming the basis for the Murray-Darling Basin Act 1993.
This 1963 Act is now spent.
1.10 River Murray Waters Act (Dartmouth Reservoir)
Act 1970 (No. 7949)
This Act was enacted to give effect to an agreement
between the Commonwealth, Victoria, New South Wales
and South Australia made on 26 February 1970.
This agreement was replaced by a new agreement in
1982 which has since been replaced by a 1992 agreement,
forming the basis for the Murray-Darling Basin Act 1993.
This 1970 Act is now spent.
1.11 Morwell and Mirboo Railway Removal Act 1974
(No. 8541)
This Act authorises the removal of the railway between
Morwell and Mirboo and deems the land to be unalienated
Crown land. The railway has been removed and the Act is
now spent.
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1.12 The following Appropriation Acts--
Appropriation (2000/2001) Act 2000
Appropriation (Parliament 2000/2001) Act 2000
Appropriation (2001/2002) Act 2001
Appropriation (Parliament 2001/2002) Act 2001
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.
1.13 The following Repeal Act--
Horse Breeding (Repeal) Act 1975 (No. 8773)
This Act repealed the Horse Breeding Act 1958.
It contains a savings provision in section 3 which provides
that the moneys standing to the credit of funds established
under the Horse Breeding Act 1958, known as the
Stallion Compensation Fund and the Stallion Examination
Fund, may be applied as the Minister for Agriculture
directs for the improvement of horse breeding in Victoria.
These Funds were Treasury Funds and the money in both
Funds has now been expended. This Act is now spent 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 because of
the passage of time and subsequent enactments since the Acts were
enacted. The substantive provisions are no longer required because
they have taken effect or are spent. Any residual effect of the
transitional and substantive provisions will be saved by section 14
of the Interpretation of Legislation Act 1984--
2.1 Municipalities Assistance (Amendment) Act 1974
(No. 8613)
This is an amending Act that contains a saving provision
in section 3(2). Most of this Act, other than sections 1
and 3(2), was repealed in 1982. Section 1 contains the
formal provisions of the Act, and section 3(2) saves the
operation of certain sub-sections of section 2 of the
Principal Act, the Municipal Assistance Act 1973.
11
The repealed sub-sections of the Principal Act provided
that if a Council deferred rates on a pensioner's property it
could recover the amount from the Treasurer, but the
amount was to be repaid to the Treasurer when the deferred
rates were paid to the Council. This Act can be repealed.
Any residual liability to the State will be preserved by the
Interpretation of Legislation Act 1984.
2.2 Rural Finance and Settlement Commission
(Amendment) Act 1977 (No. 9072)
This is an amending Act that contains transitional
provisions. Most of the provisions of this Act were
amending provisions (amending the Rural Finance and
Settlement Commission Act 1961) that were repealed by
the Statute Law Revision (Repeals) Act 1982 (No. 9863).
The remaining provisions of the 1977 Act are section 1
(which contains the title, Principal Act and commencement
provisions) and sections 2(1), 2(2) and 2(3) which are
transitional provisions. These provisions changed the
name of the Rural Finance and Settlement Commission to
the Rural Finance Commission and provided that it was
the same body despite the change of name and that
references in instruments to the old name were to be
reconstrued as references to the new name. The Rural
Finance and Settlement Commission Act 1961 was
repealed by the Rural Finance Act 1988 which provided
for the Rural Finance Corporation of Victoria to be the
successor of the Rural Finance Commission. The 1977 Act
is now spent.
2.3 Exhibition (Amendment) Act 1979 (No. 9263)
This is an amending Act that contains some substantive
provisions. Most of this Act was repealed by Act
No. 9863. The remaining provisions deal with the
reservation and management of the Exhibition land
(section 4 and Schedule 1) and with the return to the
Carlton gardens reserve of certain land (section 5 and
Schedule 2). The provisions relating to the reservation and
management of the Exhibition land have been superseded
by amendments made to the Museums Act 1983 by the
Miscellaneous Acts (Omnibus Amendments) Act 1995
(No. 100/1995) which also repealed the Exhibition
Act 1957. The 1979 Act is now spent.
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2.4 Education (Amendment) Act 1990 (No. 2/1990)
This is an amending Act that made amendments to
Part IIIA of the Education Act 1958 in relation to the
registration of teachers. The 1990 Act included a
transitional provision (section 8) that deemed teachers to be
registered as primary or secondary teachers under Part IIIA.
Part IIIA was repealed by the Victorian Institute of
Teaching Act 2001. The 1990 Act also included a saving
provision (section 9) that continued the appointment of
members of the Teachers Registration Board until
31 January 1991. The 1990 Act is now spent.
2.5 Private Agents (Amendment) Act 1990 (No. 37/1990)
This Act is an amending Act that contains two transitional
provisions (sections 15 and 16) linked to the date of
commencement of section 6 of the Act which was on
15 August 1990. Section 6 inserted Part IIA into the
Private Agents Act 1966. Section 15 deemed certain
superseded licences to be licences held under the new
Part IIA for periods ending 6 or 9 months after the
commencement of section 6. Section 16 provided for
transitional licence periods for the licences granted under
Part IIA in the first 3 years after the commencement of
section 6. The maximum period for which a licence could
be granted in this 3 year period was 3 years. Part IIA was
repealed by the Private Security Act 2004. The 1990 Act
is now spent.
2.6 Credit (Further Amendment) Act 1991 (No. 34/1991)
This Act is an amending Act that contains an unproclaimed
provision in section 5. Section 5 makes a minor
amendment to section 85(1) of the Credit Act 1984 to
require an application to be made to VCAT "in the
prescribed form". As the Victorian Civil and
Administrative Tribunal Act 1998 provides power under
that Act to prescribe the form of applications made to
VCAT, section 5 is no longer necessary and may be
repealed. The remaining provisions of the Act are
amending sections that are wholly in operation. This Act
is now spent.
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2.7 Docklands Authority (Amendment) Act 1993
(No. 24/1993)
This Act is an amending Act which contains a transitional
provision in section 12. Section 12 provides for a
description of the Docklands area until an order is made
under section 4(3) of the Docklands Authority Act 1991
to define the area. The order has been made under
section 4(3) (see Government Gazette of 30 April 1998
page 97). The amending Act is now spent.
2.8 Small Business Development Corporation
(Amendment) Act 1994 (No. 9/1994)
This Act is an amending Act that contains a transitional
reference provision. This Act amended the Small Business
Development Corporation Act 1976 which was repealed
by Act No. 9 of 1994. This Act is now spent.
The operation of the reference provision will be preserved
by clause 5 of this Bill.
2.9 Arts Institutions (Amendment) Act 1994 (No. 29/1994)
This Act is an amending Act amending various Acts.
It contains transitional provisions saving the appointment
of members of various Arts bodies for the remainder of
their current term. These transitional provisions are now
spent and the Act can be repealed.
2.10 Gaming and Betting (Amendment) Act 1994
(No. 98/1994)
This Act is an amending Act. It contains a transitional
provision relating to the operation of an amendment to the
Gaming Machine Control Act 1991. The Gaming
Machine Control Act 1991 was repealed by Act No. 114
of 2003. This amending Act is now spent.
2.11 Melbourne City Link (Miscellaneous Amendments)
Act 2000 (No. 81/2000)
This is an amending Act that contains transitional
provisions in section 39 relating to the abolition of the
Melbourne City Link Authority. The transitional provision
in section 39 and the amendments made by this Act have
taken effect. This Act is spent. Any residual operation of
the reference provisions in section 39 will be preserved by
clause 5 of the Bill.
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3. Spent Amending Acts--wholly in operation
The remainder of the Acts in Schedule 2 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