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Statute Law Revision Bill 2014
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 also repeals spent provisions of Acts.
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 sets out the commencement of the Bill.
Subclause (1) provides that, subject to subclause (2), the Act
comes into operation on 1 August 2015.
Subclause (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 provisions in the Acts listed in Schedule 1 to be
amended or repealed as set out in that Schedule. The provisions
to be repealed are amending provisions. The repeal of these
amending provisions does not affect the continuing operation
of the amendments made by those amending provisions
(see section 15(1) of the Interpretation of Legislation Act
1984).
Clause 4 provides for the automatic repeal of this Act on 1 August 2016.
Once the repeals and amendments made by this Act have taken
effect, this Act will be spent.
581008 1 BILL LC INTRODUCTION 22/12/2014
The repeal of this Act does not affect in any way the continuing
operation of the amendments made by this Act (see section 15(1)
of the Interpretation of Legislation Act 1984).
Schedule 1--Amendment of Acts
Item 1 Aboriginal Lands Act 1970 (No. 8044)
This item amends section 11(1)(h) to omit the conjunction "and"
at the end of the paragraph to ensure consistency within the
section.
Item 2 Accident Compensation Act 1985 (No. 10191)
Item 2.1 amends the definition of week in section 91E to remove
an unnecessary bracket.
Item 2.2 amends section 92A(8B) to correct a punctuation error.
Item 2.3 amends section 119J(2)(c) to insert a missing comma.
Item 3 Age of Majority Act 1977 (No. 9075)
This item repeals the redundant heading "SCHEDULES".
All Schedules to this Act have been repealed.
Item 4 Agricultural Industry Development Act 1990 (No. 48/1990)
This item repeals the redundant heading "SCHEDULES".
All Schedules to this Act have been repealed.
Item 5 Architects Act 1991 (No. 13/1991)
This item amends section 14(1)(a) to substitute the incorrect use
of the verb "practise" with the noun "practice".
Item 6 Assisted Reproductive Treatment Act 2008 (No. 76/2008)
This item repeals Part 15. Part 15 contains provisions amending
other Acts. Part 15 has commenced operation and is spent.
Item 7 Australian Consumer Law and Fair Trading Act 2012
(No. 21/2012)
This item repeals clauses 2, 5 and 6 of Schedule 5, which amend
other Acts. Clauses 2, 5 and 6 have commenced operation and
are spent.
2
Item 8 Australian Crime Commission (State Provisions) Act 2003
(No. 52/2003)
This item repeals the redundant heading "SCHEDULE".
The Schedule to this Act has been repealed.
Item 9 Children, Youth and Families Act 2005 (No. 96/2005)
This item substitutes section 17(4) which was amended by
section 5(2) of the Children, Youth and Families Amendment
(Security Measures) Act 2014 (to be repealed on 1 July 2015).
This item corrects an incorrect instruction in section 5(2) to
substitute the whole of section 17(4). The purpose of the
amendment made by section 5(2) to section 17(4) was to
substitute some of the words in section 17(4). The instruction
should have said "In" section 17(4) rather than "For"
section 17(4). This amendment is made retrospective to 1 July
2014, which is the day section 5(2) came into operation, to
remove any doubt that the amendment took effect as intended.
Item 10 Children, Youth and Families Amendment (Permanent Care
and Other Matters) Act 2014 (No. 61/2014)
This item corrects a punctuation error in proposed section 298(4)
of the Children, Youth and Families Act 2005 to be inserted by
section 38 of the 2014 Act.
Item 11 Coal Mines (Pensions) Act 1958 (No. 6221)
This item repeals the redundant heading "SCHEDULES".
All Schedules to this Act have been repealed.
Item 12 Congestion Levy Act 2005 (No. 74/2005)
This item inserts the word "Legislation" that was omitted from
the heading of section 41 as inserted by section 12 of the State
Taxation Legislation Amendment Act 2014.
Item 13 Conservation, Forests and Lands Act 1987 (No. 41/1987)
This item amends section 60 to correct a punctuation error.
Item 14 Country Fire Authority Act 1958 (No. 6228)
This item repeals the redundant heading "SCHEDULE".
The Schedule to this Act has been repealed.
3
Item 15 Crime Statistics Act 2014 (No. 54/2014)
This item amends the definition of law enforcement data in
section 3 to substitute the reference to the repealed
Commissioner for Law Enforcement Data Security Act 2005
with a reference to the Privacy and Data Protection Act 2014.
Item 16 Dangerous Goods Act 1985 (No. 10189)
This item substitutes the definition of Authority in section 3(1)
which was amended by item 11(1) of Schedule 9 to the
Workplace Injury Rehabilitation and Compensation Act
2013 (to be repealed on 1 July 2015). Item 11(1) of Schedule 9
incorrectly omitted the words "section 18 of" from the phrase to
be substituted. This amendment is made retrospective to 1 July
2014, the day on which item 11(1) of Schedule 9 came into
operation, to remove any doubt that the amendment took effect as
intended.
Item 17 Emergency Management Act 2013 (No. 73/2013)
This item amends section 64(1)(e) to correct the error of the
duplicate numbering of the third subparagraph numbered "(ii)".
Item 18 Energy Safe Victoria Act 2005 (No. 39/2005)
This item repeals the redundant heading "SCHEDULES".
All Schedules to this Act have been repealed.
Item 19 Environment Protection and Sustainability Victoria
Amendment Act 2014 (No. 20/2014)
This item amends section 30 to repeal section 71(1)(cb) and (cc)
of the Environment Protection Act 1970. Section 30 had
incorrectly referred to section 71(cb) and (cc) of that Act.
This item has been made retrospective to 29 June 2014, the day
before section 30 came into operation. The amendment has been
made to remove any doubt that section 30 took effect as intended
from its commencement day.
Item 20 Filming Approval Act 2014 (No. 51/2014)
This item amends the definition of filming approval legislation
in section 3 to correct an error where the word "Act" was omitted
in paragraph (t) of the definition.
4
Item 21 Financial Sector Reform (Victoria) Act 1999 (No. 37/1999)
This item repeals the redundant heading "SCHEDULES".
All Schedules to this Act have been repealed.
Item 22 Fire Services Property Levy Act 2012 (No. 58/2012)
This item amends section 11(6) to correct a punctuation error.
Item 23 Greenhouse Gas Geological Sequestration Act 2008
(No. 61/2008)
This item amends section 311 which amends section 264(1)
and (2) of the Act to replace the reference to "the Minister"
with the word "Minister". The instruction for amending
section 264(1) was incorrect. The amendment made by this item
makes the amendment to section 264(1) effective and does not
affect the operation of the amendment to section 264(2).
This amendment is made retrospective to 30 November 2013,
the day before section 311 came into operation, to remove any
doubt that the amendment to section 264(1) took effect as
intended.
Item 24 Honorary Justices Act 2014 (No. 32/2014)
Item 24.1 amends section 20(c)(i) to correct a minor spelling
error.
Item 24.2 amends section 46(4) to correct a minor punctuation
error.
Item 24.3 amends section 53(2) to insert the missing word "the".
Item 25 Human Services (Complex Needs) Act 2009 (No. 16/2009)
This item amends section 3 to correct a punctuation error in the
definition of Tribunal.
Item 26 Imperial Acts Application Act 1980 (No. 9426)
This item amends Division 1 of Part II in the entry relating to
[1275] 3 Edward I to correct a spelling error. Division 1 of
Part II wrongly referred to "State of Westminster" which is
correctly referred to in the Schedule as the "Statute of
Westminster".
5
Item 27 Improving Cancer Outcomes Act 2014 (No. 78/2014)
This item amends section 26(3) to substitute the words "an after"
with the words "and after" to correct a spelling error.
Item 28 Infringements Act 2006 (No. 12/2006)
This item amends section 163A(3)(b) to omit a redundant
reference.
Item 29 Interpretation of Legislation Act 1984 (No. 10096)
This item amends the section heading to section 38I where
secondly occurring to correct the duplicate section number.
The duplicate section numbering was caused by the insertion of
section 38I twice by item 5 of the Schedule to the Heavy Vehicle
National Law Application Act 2013 and section 83 of the
Marine (Domestic Commercial Vessel National Law
Application) Act 2013.
Item 30 Legal Profession Uniform Law Application Act 2014
(No. 17/2014)
This item amends section 52(3) to correct a spelling error.
Item 31 Liquor Control Reform Act 1998 (No. 94/1998)
Item 31.1 amends section 101B(1)(b) to omit the duplicate
expression "that was".
Item 31.2 substitutes an incorrect reference to a "member" with a
reference to "the police officer" in section 148P(e). This item
makes the amendment intended to be made by item 96.29(b) of
the Schedule to the Victoria Police Amendment
(Consequential & Other Matters) Act 2014 that was
ineffective.
Item 32 Magistrates' Court Act 1989 (No. 51/1989)
Item 32.1 amends the definition of excluded judicial officer in
section 3(1) to correct a duplicate paragraph number.
Item 32.2 amends section 7D(1) to correct a duplicate paragraph
number.
6
Item 33 Major Transport Projects Facilitation Act 2009 (No. 56/2009)
This item amends section 42A(2)(b) to omit a redundant
reference to section 41(2) which was repealed by the Major
Transport Projects Facilitation Amendment (East West Link
and Other Projects) Act 2013.
Item 34 Mental Health Act 2014 (No. 26/2014)
Item 34.1 amends section 145(1)(d) to correct a punctuation
error.
Item 34.2 amends section 145(6) to insert the missing word "to".
Item 34.3 amends section 416(2) to insert the word "Act" after
"2014" which was incorrectly omitted from the subsection.
Item 35 Mutual Recognition (Victoria) Act 1998 (No. 62/1998)
This item repeals section 8. Section 8 repeals provisions of other
Acts. Section 8 has commenced operation and is spent.
Item 36 Occupational Health and Safety Act 2004 (No. 107/2004)
This item amends section 138 to insert the missing word "or".
Item 37 Parliamentary Committees Act 2003 (No. 110/2003)
This item amends section 37A(2) to insert the missing word
"given".
Item 38 Perpetuities and Accumulations Act 1968 (No. 7750)
This item repeals the redundant heading "Consequential".
The provisions under that heading have been repealed.
Item 39 Port Management Act 1995 (No. 82/1995)
This item removes a reference to the Department of Transport,
Planning and Local Infrastructure in section 5(7) in relation to the
defined term Central Plan Office. The reference to that
Department is unnecessary as the term Central Plan Office in
section 3(1) of the Act includes a reference to the Department of
Transport, Planning and Local Infrastructure.
Item 40 Powers of Attorney Act 2014 (No. 57/2014)
This item amends section 72(1) to insert the missing word "of".
7
Item 41 Privacy and Data Protection Act 2014 (No. 60/2014)
Item 41.1 amends an outdated reference in section 13(1)(i) to
refer instead to the Victoria Police.
Item 41.2 amends an outdated reference in section 15(d) to refer
instead to the Victoria Police.
Item 41.3 amends section 62(2) and (4) to remove the
unnecessary word "the".
Item 42 Public Administration Act 2004 (No. 108/2004)
Item 42.1 amends section 104(3)(f) to substitute a reference to
the repealed section 66(2) with a reference to section 62 under
which standards concerning public sector principles are now
made. Section 10 of the Public Administration Amendment
(Public Sector Improvement) Act 2014 repealed section 66(2)
and standards made under that provision are taken to have been
made under the new section 62.
Item 42.2 amends the heading to clause 14 of Schedule 3 to
correct a spelling error.
Item 43 Public Health and Wellbeing Act 2008 (No. 46/2008)
This item amends section 3(1) to insert the missing word "same"
in the definition of police officer.
Item 44 Rail Safety (Local Operations) Act 2006 (No. 9/2006)
Item 44.1 amends section 3B to substitute the word "an" with the
word "a" as required.
Item 44.2 amends section 79(2) to insert the missing word "of".
Item 44.3 amends section 86G(2)(a) to correct a punctuation
error.
Item 45 Retirement Villages Act 1986 (No. 126/1986)
This item repeals the redundant heading "SCHEDULES".
All Schedules to this Act have been repealed.
Item 46 Road Management Act 2004 (No. 12/2004)
This item amends section 111(1) to insert the missing word
"index".
8
Item 47 Sentencing Act 1991 (No. 49/1991)
Item 47.1 amends the definition of designated mental health
service in section 3(1) to correct grammatical error.
Item 47.2 substitutes the redundant term "member of the police
force" with "police officer" in section 89DD(3).
Item 47.3 substitutes the redundant term "member of the police
force" with "police officer" in section 89DG(1)(b).
Item 47.4 corrects a punctuation error in section 89DG(2)(b).
Item 47.5 corrects a punctuation omission in clause 5(c) of
Schedule 1.
Item 48 Serious Sex Offenders (Detention and Supervision) Act 2009
(No. 91/2009)
This item amends the definition of relevant person in
section 189(4) to correct a grammatical error.
Item 49 Sex Work Act 1994 (No. 102/1994)
This item amends the heading to section 21K to correct an error
where the word "police" appears twice.
Item 50 Sport and Recreation Act 1972 (No. 8344)
This item repeals the redundant heading "SCHEDULE".
The Schedule to this Act has been repealed.
Item 51 State Employees Retirement Benefits Act 1979 (No. 9363)
This item amends section 43A(1) to remove duplicate words.
Item 52 Supported Residential Services (Private Proprietors) Act
2010 (No. 49/2010)
This item repeals Division 4 of Part 11. Division 4 repealed
Division 2 and 3 of Part 11 on 1 June 2013. This Division is now
spent.
Item 53 Sustainable Forests (Timber) Act 2004 (No. 48/2004)
This item amends the definition of police officer in section 3 to
insert the missing word "as".
9
Item 54 Terrorism (Community Protection) Act 2003 (No. 7/2003)
Item 54.1 amends section 13R(1) to replace the references to the
redundant term "member" with "police officer".
Item 54.2 amends section 21X(1)(a) to replace the reference to
the redundant term "member" with "police officer".
Item 55 Transport (Compliance and Miscellaneous) Act 1983
(No. 9921)
Item 55.1 amends section 84(v) to correct a punctuation error.
Item 55.2 amends section 169MA(4), in paragraph (b)(ii) of the
definition of reviewable decision, to remove the unnecessary
word "a".
Item 55.3 amends section 228RY(5)(a) to substitute the
erroneous use of the plural "things" with the singular form
"thing" which is consistent with the section.
Item 56 Transport Integration Act 2010 (No. 6/2010)
This item repeals the redundant heading "SCHEDULES".
All Schedules to this Act have been repealed.
Item 57 Transport (Safety Schemes Compliance and Enforcement)
Act 2014 (No. 27/2014)
Item 57.1 amends section 68(1) to substitute the incorrect use of
the words "to" and "issued" with the correct words "on" and
"served".
Item 57.2 amends section 82(2)(a) to substitute the incorrect use
of the word "of" with the correct word "or".
Item 58 Urban Renewal Authority Victoria Act 2003 (No. 59/2003)
This item amends section 50(1) to omit a quotation mark that
incorrectly appears at the end of the word "Authority" in the
definition of Victorian Building Authority.
Item 59 Veterinary Practice Act 1997 (No. 58/1997)
This item repeals the redundant heading to Division 2 of Part 10
following the repeal of all provisions in that Division.
10
Item 60 Vexatious Proceedings Act 2014 (No. 42/2014)
This item amends section 53 to correct a grammatical error where
the word "a" appears instead of the required word "an".
Item 61 Victoria Police Act 2013 (No. 81/2013)
This item amends section 10(4)(f) to replace a redundant
reference to the Commissioner for Law Enforcement Data
Security with a reference to the Commissioner for Privacy and
Data Protection. Clause 7 of Schedule 2 to the Privacy and
Data Protection Act 2014 construes a reference to the
Commissioner for Law Enforcement Data Security to be a
reference to the Commissioner for Privacy and Data Protection.
Item 62 Victoria Police Amendment (Consequential and Other
Matters) Act 2014 (No. 37/2014)
Item 62.1 amends item 46.3 of the Schedule to substitute the
incorrect reference to section 92(1)(a) of the Domestic Animals
Act 1994 with section 92(a) of that Act. This item is made
retrospective to 30 June 2014, the day before item 46.3 came into
operation, to remove any doubt that the amendment took effect as
intended.
Item 62.2 amends item 54.4 of the Schedule that commenced on
1 July 2014 and which incorrectly refers to the Police
Regulation Act 2013 rather than to the Police Regulation Act
1958 in section 20E(6)(b) of the Emergency Services
Superannuation Act 1986. This amendment is made
retrospective to 30 June 2014, the day before item 54.4 came into
operation to remove any doubt that the amendment took effect as
intended.
Item 62.3 amends item 85.1(h) of the Schedule that commenced
on 1 July 2014 and which incorrectly refers to the substitution of
words in paragraph (b) rather than paragraph (a) of the definition
of report of the Chief Commissioner of Police in section 3(1) of
the Independent Broad-based Anti-corruption Commission
Act 2011. This amendment is made retrospective to 30 June
2014, the day before item 85.1(h) came into operation to remove
any doubt that the amendment took effect as intended.
11
Item 62.4 amends item 184.20(b) of the Schedule that
commenced on 1 July 2014 and which incorrectly includes the
word "a" in the words to be substituted and the substituted words
in section 62(2) and (3) of the Wildlife Act 1975. In both cases
the word "a" should be omitted. The amendment made by this
item makes the amendment to section 62(2) and (3) effective and
does not affect the operation of the amendment made to section
62(5). This amendment is made retrospective to 30 June 2014,
the day before item 184.20(b) came into operation to remove any
doubt that the amendment took effect as intended.
Item 63 Victorian College of Agriculture and Horticulture Act 1982
(No. 9812)
This item repeals section 7(1)(g) and Schedule One.
Section 7(1)(g) and Schedule One contains provisions amending
provisions of other Acts. Section 7(1)(g) and Schedule 1 have
commenced operation and are spent.
Item 64 Victorian Commission for Gambling and Liquor Regulation
Act 2011 (No. 58/2011)
This item repeals Part 10 and the Schedule. Part 10 and the
Schedule contain provisions amending and repealing provisions
of other Acts. Part 10 and the Schedule have commenced
operation and are spent.
Item 65 Victorian Inspectorate Act 2011 (No. 70/2011)
This item amends the definition of police officer in section 3(1)
to correct a typographical error in the note to the definition.
Item 66 Victorian Managed Insurance Authority Act 1996
(No. 11/1996)
This item substitutes section 24(2). Section 24(2) was amended
by item 34 of Schedule 9 to the Workplace Injury
Rehabilitation and Compensation Act 2013, which will be
repealed on 1 July 2015. Item 34 referred to the definition of
Victorian WorkCover Authority in section 24(2) in inserting a
reference to the 2013 Act. Section 24(2) does not contain a
definition of Victorian WorkCover Authority. This amendment
is made retrospective to 1 July 2014, the day item 34 of
Schedule 9 of the 2013 Act came into operation, to remove any
doubt that the amendment took effect as intended.
12
Item 67 Wildlife Act 1975 (No. 8699)
This item amends section 74C(1A) to correct the incorrect use of
the word "and".
Item 68 Workplace Injury Rehabilitation and Compensation Act
2013 (No. 67/2013)
This item amends section 396(5) to insert punctuation that was
incorrectly omitted.
13