Victorian Numbered Acts

VETERANS ACT 2005 (NO 98 OF 2005) - NOTES

Act No. 98/2005

Victoria

No. 98 of 2005

Veterans Act 2005^[†]

[Assented to 7 December 2005]

^[†]     Minister's second reading speech—

    Legislative Assembly: 5 October 2005

    Legislative Council: 20 October 2005

    The long title for the Bill for this Act was "to establish the Victorian Veterans Council and the Victorian Veterans Fund, to re-enact with amendments the law relating to patriotic funds, to repeal the Patriotic Funds Act 1958, the Defence Reserves Re-Employment Act 1995 and the Discharged Servicemen's Preference Act 1943 and to amend certain Acts and for other purposes."

INDEX

Subject	Section
Act
amendments to other Acts	87–91
commencement	2
purpose and outline	1
repeals	85, 92
savings and transitional provisions	3, 31, 85
Authorised deposit-taking institutions	3, 45, 48
Councils	35
Definitions	3, 23, 35, 42, 61
Director
definition	3
delegation	30
powers – general	27, 32
powers and duties regarding
annual report	83
applications to Magistrates' Court for orders	49
appointment of administrators to wind up	50, 51
approval, refusal of	28, 32–35
audit of accounts	47
investigation of complaints	80
provision of information, documents	58
register of exercise of entry powers	79
revoking administrator's appointment	57
statements, notices from trustees	42, 43
transfer of assets	34, 35
review of decisions made by	82
successor in law to Patriotic Funds Council of Victoria	31
Disclosure of information	81
Evidence	46
Ex-service community (def.)	3
Fair Trading Act 1999	59, 83
Inspectors
compensation for damage caused by	71
complaints regarding exercise of powers by	80
definition	3
entry powers	61–63
examination, processing of things by	69
extension of seizure period may be sought by	73
identity cards	60
offences regarding	76, 77
power to require information, documents	74
reports of entries by	78
search warrants	64–66
seizure	67–68, 70, 72, 73
use of electronic equipment	70
Magistrates' Court	29, 49, 53, 73
Subject	Section
Minister
powers and duties regarding
compensation for damage caused by inspections	71
patriotic funds	26, 35, 36, 38, 51
provision of information, documents	58
Victorian Veterans Council	8, 16, 18
Offences and penalties
defences	33
incorporation of provisions of Fair Trading Act 1999	59
liability for	84
regarding
audit of accounts	47
continuation of patriotic funds	33
disclosure of information	81
establishment of patriotic funds	33
non-compliance with inspectors' requirements	74
false, misleading information	74
hindrance, obstruction of inspectors	76
identity cards	60
impersonation of inspectors	77
misapplication of grants from VVC	22
misuse of assets	41
payments into accounts	45
provision of information	44, 58
transfer of assets	34
Patriotic funds
accounts to be kept	45
applications to establish	33
assets
definitions	3, 24
distribution following winding up	51
expenditure	41
transfer	3, 34–36, 38
audit of accounts	42, 47
definition	23
extra-territorial application of Part 4	25
Minister to consult with Victorian Veterans Council regarding	26
purposes	23, 41
statements, notices required	42, 43
surplus moneys	38
trustees
appointment	37
continuation of funds by	33
definition	3
eligibility	28, 29
transfer of assets by	34–36
use, transfer of surplus moneys	38
validation of acts of	40
vesting of funds in VVC	39
Subject	Section
winding up
administrator to report to Director	54
appointment of administrators	49–51
liabilities of administrators	56
obligations of administrators	55
orders regarding	51
powers of administrators	52
remuneration of administrators	53
revocation of administrator's appointment	57
See also Director
Patriotic Funds Council of Victoria	31, 33
Regulations	86
Repeals	85, 92
Review	82
Savings and transitional provisions	3, 31, 85
Search warrants	64–66
Seizure	67–68, 70, 72, 73
Self-incrimination	75
Service or duty (def.)	3
Veteran (def.)	3
Victorian Civil and Administrative Tribunal	82
Victorian Veterans Council
acting appointments	16
annual report	17
cease to hold office	11
committees	13
definition	3
disclosure of interests	14
establishment	4
functions	6
information, advice required by Minister	18, 26
membership	8
objectives	5
powers	7
procedure at meetings	13
removal from office	12
resignation	11
staff	19
successor in law to Defence Reserves Re-Employment Board	92
term of office	9
terms and conditions of appointment	10
trustee of certain funds	31
validity of decisions	15
Victorian Veterans Fund	20–21