The Bill was introduced into the Legislative Council on 1 March 2000 by the Honourable Marsha Thomson MLC. The Second Reading Speech was delivered on 1 March 2000.

The purpose of the Bill is to amend the Corporations (Victoria) Act 1990 to give effect in Victoria to certain amendments of the Corporations Law made by the Corporate Law Economic Reform Program Act 1999 of the Commonwealth by satisfying the requirements of section 85(5) of the Constitution Act 1975.

The Committee notes the comments in the Second Reading Speech –

The Corporations (Victoria)(Amendment) Bill before the House arises from the Government's commitment to its obligations under the Corporations Agreement that is to ensure a consistent scheme for the regulation of corporations and securities throughout Australia.

On 20 October 1999 the Commonwealth Parliament passed the Corporate Law Economic Reform Program Act 1999 (known as the CLERP Act).

The CLERP Act implements major reforms to the fundraising, takeovers, directors' duties and accounting standards provisions of the Corporations Law. The Act will commence operation on 13 March 2000.

The provisions of the CLERP Act will apply in Victoria by virtue of section 7 of the Corporations (Victoria) Act 1990 (the Victorian Act). Section 7 provides that the Corporations Law set out in section 82 of the Corporations Act 1989 (Commonwealth), as in force for the time being, applies as a law of Victoria.

Section 7 of the Victorian Act brings about the result that any amendment to the Corporations Act by the Commonwealth Parliament (like the CLERP Act) will operate to amend the Corporations Law as it applies as a law of Victoria without any action on the part of the Victorian Parliament being required.

One of the reforms resulting from the CLERP Act will be the reconstitution of the Corporations and Securities Panel so that it becomes the sole forum for the resolution of takeover disputes during the takeover bid period.

The CLERP Act will add sections 659B and 659C to the Corporations Law. They will operate to ensure that the Corporations and Securities Panel is the main forum for resolving disputes about a takeover bid until the bid period has ended.

However, the object of these provisions is contrary to the effect of section 85 of the Constitution Act 1975 (Victoria) which establishes the power and jurisdiction of the Supreme Court of Victoria.

When the CLERP Act commences operation on 13 March 2000, section 7 of the Corporations (Victoria) Act will purport to render sections 659B and 659C part of the Corporations Law of Victoria from that date and hence alter or vary section 85 of the Victorian Constitution. However, section 85(5) of the Victorian Constitution will operate to deny sections 659B and 659C any such operation.

The bill operates to validate sections 659B and 659C by including a provision in the Corporations (Victoria) Act which specifically refers to them and which is enacted according to the requirements of subsection (5) of section 85 of the Victorian Constitution.

If the relevant sections are not effective as part of the Corporations Law of Victoria, the role of the Corporations and Securities Panel will be compromised with the prospect of significantly increased litigation during the takeover bid period. This will also impact upon the national scheme and have a negative effect on the future regulation of corporations and securities.

1.3

Clause 2 the provisions in the Bill come into operation on the day after Royal Assent.

Clause 3 inserts into Part 9 of the Corporations (Victoria) Act 1990 after Division 2 –

Division 3 - Takeovers

56A. Proceedings in relation to takeover bids or proposed takeover bids

(1) Except as otherwise provided by section 659B of the Corporations Law of Victoria, a person may not commence court proceedings in relation to a takeover bid, or a proposed takeover bid, before the end of the bid period.

(2) The powers of a court under the Corporations Law of Victoria in relation to conduct that contravenes that Law are limited as provided by section 659C of that Law.

(3) Expressions used in this section and in Division 3 of Part 6.10 of Chapter 6 of the Corporations Law of Victoria have the same meanings as in that Division.

56B. Supreme Court--limitation of jurisdiction

It is the intention of section 56A to alter or vary section 85 of the Constitution Act 1975.

The Committee notes the section 85 statement made by the Minister in the Second Reading Speech–

Section 85 statement

Clause 3 of the bill inserts new sections 56A and 56B into the Corporations (Victoria) Act 1990. The proposed new section 56B provides that it is the intention of section 56A to alter or vary section 85 of the Constitution Act 1975.

I therefore make the following statement under section 85(5) of the Constitution Act 1975 of the reasons for altering or varying that section.

Subsection (1) of the proposed new section 56A provides that proceedings in relation to takeover bids or proposed takeover bids except as otherwise provided by section 659B of the Corporations Law of Victoria may not be commenced in court before the end of the bid period.

Subsection (2) of proposed new section 56A provides that the powers of a court under the Corporations Law of Victoria in relation to conduct that contravenes that law are limited as provided by section 659C of that law.

Sections 659B and 659C operate to restrict the role and powers of the Supreme Court of Victoria in relation to takeover disputes during the takeover period.

There are several reasons for the variation to the application of section 85 of the Constitution Act 1975.

Firstly, the variation gives effective operation in Victoria to sections 659B and 659C which will become part of the Corporations Law of Victoria on 13 March 2000, and will thus help to minimise the use of litigation to delay or disrupt takeovers. Secondly, it complies with our obligations under the corporations agreement to ensure uniformity in the application of the Corporations Law in all States and Territories. And finally, the variation will allow this Government to deliver an effective scheme for the regulation of corporations and securities to all Victorians.

This bill is the product of consultation with the Commonwealth and the Solicitor-General for Victoria.

The Bill was introduced into the Legislative Assembly on 1 March 2000 by the Honourable Steve Bracks MLA with the Honourable Christine Campbell MLA. The Second Reading Speech was delivered on 2 March 2000.

The purpose of the Bill is to amend the Financial Management Act 1994 (the Act) and the Audit Act 1994 to provide for the enhanced disclosure of financial and budget information by the Victorian Government and the review of estimated financial statements by the Auditor-General.

2.3

Clause 2 the Act comes into operation on the day after Royal Assent.

Clause 3 inserts a new section 4 into the Act providing that all of the provisions of the Act bind the Crown not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Under the former provisions only Part 7 of the Act bound the Crown.

Clause 4 substitutes a new Part 5 of the Act. New Part 5 consists of new sections 23A to 23N and new sections 24 to 27 and 27A to 27F. The part establishes principles for financial management disclosure statements and reporting, including –

• the content and purpose of financial statements;
• the creation of obligations for reporting and disclosure of certain financial information relating to the activities of the Government and its agencies such as the provision of pre-election financial statements;
• deal with the content and purpose of estimated financial statements for each financial year in association with the budget for that financial year;
• impose obligations for Ministers to provide budget updates and provide guidelines for the necessary content and purpose of such updates;
• the preparation and content of annual financial report for each financial year by the Minister;
• the preparation of a mid-year report by the Minister for each financial year;
• the provision and content of quarterly financial reports; the obligation to prepare and the purpose and content of a pre-election budget update by the Secretary of the Department to the Department of Treasury and Finance (the Secretary);
• the creation of an obligation for the Secretary to publicly release the pre-election budget update within 10 days after the issue of the writ for the election; deals with the release of documents whilst Parliament is not sitting.

Clause 5 makes consequential amendment to the Financial Management Act 1994.

Clause 6 makes amendments to the Audit Act 1994 by inserting a new Part 3A. The new section 16B imposes an obligation on the Auditor-General to review estimated financial statements prepared under section 23H of the Financial Management Act 1994 (as amended by the Bill) and to make a report to the Parliament on such statements.

The Bill was introduced into the Legislative Assembly by the Honourable Steve Bracks MLA with the Honourable Christine Campbell MLA on 1 March 2000. The Second Reading Speech was delivered on 2 March 2000.

The purpose of the Bill is to encourage and assist home ownership, and to offset the effect of the GST on home ownership, by establishing a scheme for the payment of grants to first home owners.

3.3

Clause 2 the Act comes into operation on 1 July 2000.

Clauses 3 and 4 provide definitions used throughout the Act including a definition for ‘Home’.

Clause 5 deals with the relevant interest in property required to qualify as home-ownership under the scheme established by the Bill.

Clause 6 defines ‘spouse’ to be either, legally married or de facto ‘spouses’ (of the opposite sex).

Part 2

Clauses 7 to 12 deal with the criteria, eligible transactions and application for a grant under the scheme including –

• only ‘natural persons’ may apply (not trusts or companies);
• the applicant, or at least one of the applicants, must be an Australian citizen or permanent resident;
• the applicant(s) must not have been entitled to an earlier grant;
• the applicant(s) must not have had a relevant interest in land prior to 1 July 2000;
• the applicant(s) must occupy the residence within 12 months of its completion;
• the contract must be made on or after 1 July 2000 for the purchase of a home in Victoria;
• the application must be made by all applicants to the Commissioner of State Revenue (the Commissioner) under the Taxation Administration Act 1997 on an approved form and supported by evidence as required;
• an application may be made by a person on behalf of another person under a legal disability.

Applications by persons under a legal disability

Clause 16 an application may be made on behalf of a person under a legal disability by a guardian and the person under the disability is regarded as the applicant. ‘Disability’ is defined in the Guardianship and Administration Act 1986 as ‘intellectual impairment, mental disorder, brain injury, physical disability or dementia.’

Clause 17 in certain circumstances the Commissioner may make a grant before the completion of the eligible transaction occurs.

Clause 18 provides that the amount of the grant is $7,000, or the amount of the eligible transaction, whichever is the lesser amount. Where there are joint applicants the amount is to be paid in equal shares to each applicant.

Clause 23 provides that up to 5 years after the grant the Commissioner may vary or reverse an earlier decision.

Clause 24 a decision may be made by the operation of an approved computer program.

Clause 25 if the Commissioner’s decision is to refuse an application or vary or reverse an earlier decision or to impose conditions on the payment of a grant the Commissioner must give reasons for that decision.

Clause 26 provides that an applicant may lodge a written objection with the Commissioner if the applicant is dissatisfied with the Commissioner’s decision on the application (including a decision to reverse or vary an earlier decision). The grounds for the objection must be stated in writing and in detail.

Clause 26(3) provides that the objector has the onus of proving the objector's case.

Clauses 27 and 28 the Commissioner must consider an objection and make a determination and may suspend the determination if the objector fails to provide information relevant to the objection.

Clause 29 provides for a process of review of the Commissioner’s determination by the Victorian Civil and Administrative Tribunal (the Tribunal).

Clause 31 restricts any such review to the grounds set out in the objection and to the grounds on which the objection was disallowed by the Commissioner.

Clause 32 similarly to objections to the Commissioner pursuant to section 26 the onus of proving the objector’s case before the Tribunal rests with the objector.

Clause 34 provides that an objector has a further 30 days after a decision of the Tribunal to appeal further to a court. Failing such an appeal the decision is final at the end of the 30 days. The Commissioner has 60 days after the decision of the Tribunal to take the necessary action to give effect to the decision.

Part 3 – Administration

Clause 36 provides that the Commissioner is an authorised officer for the purposes of the Act and persons who are appointed as authorised officers under the Taxation Administration Act 1997 are authorised officers for the purposes of the Act.

Clause 37 is a delegation provision –

The Commissioner, by instrument, may delegate any function or power of the Commissioner, other than this power of delegation, to any person employed or engaged in the administration or enforcement of this Act or another law under the general administration of the Commissioner.

Clause 39 authorises certain investigations for the purposes of the Act.

Cross-border investigations

Clause 40(1) at the request of an authority responsible for administering a corresponding law, the Commissioner may carry out an authorised investigation for the purposes of the corresponding law.

Clause 40(2) permits the Commissioner to delegate powers of investigation to counterpart authorities administering the corresponding law, or a person nominated by that authority.

Clause 41 provides for powers of investigation –

(1) For the purposes of an authorised investigation, the Commissioner may, by written notice, require a person -

(a) to give the Commissioner written information specified in the notice; or

(b) to attend at a specified time and place before the Commissioner or an authorised officer to answer questions relevant to the investigation; or

(c) to produce a document to the Commissioner at a specified time and place.

(2) The Commissioner may require information or evidence that is not given orally to be provided in the form of, or verified by, a statutory declaration.

(3) The Commissioner may require evidence that is given orally to be given on oath and for that purpose the Commissioner or an authorised officer may administer an oath.

(4) The person to whom the notice is given must comply with the notice within the period specified in the notice or any extended period allowed by the Commissioner.

Penalty: 60 penalty units in the case of a natural person; 120 penalty units in the case of a body corporate.

Powers of entry and inspection

Clause 42 provides for powers of entry and inspection and permits an authorised officer to: (a) inspect premises and any thing found at the premises; (b) require a person to produce a document relevant to the investigation for inspection and (if necessary) to operate a computer or other device in which information is stored to produce a document in understandable form; (c) retain a document for inspection, to make a copy of it, or to take extracts from it; (d) require a person to answer questions relevant to the investigation; (e) require a person to give the authorised officer other assistance that may be reasonable in the circumstances to carry out the authorised investigation.

An authorised officer may enter premises for the purposes of an authorised investigation: (a) with the consent of the occupier; or (b) on the authority of a warrant issued under section 43.

An occupier who consents in writing to entry and inspection of his or her premises under this section must be given a copy of the signed consent immediately.

An authorised officer may not exercise any powers under this section if the authorised officer fails to produce, on request, his or her identity card issued under the Taxation Administration Act 1997 for inspection by the occupier of the premises.

A person must not hinder or obstruct an authorised officer; use abusive, threatening or insulting language; refuse or fail, without reasonable excuse, to comply with a requirement made by an authorised officer or answer a question put by an authorised officer under this section knowing that the answer is false or misleading. Penalty: 60 penalty units in the case of a natural person; 120 penalty units in the case of a body corporate.

Search warrant

Clause 43 deals with the issue of search warrants supported by evidence and made on oath before a magistrate pursuant to the procedures found in the Magistrates' Court Act 1989 and in the form prescribed under that Act.

Clause 44 provides that before executing a search warrant, the authorised officer named in the warrant or a person assisting the authorised officer must announce that he or she is authorised by the warrant to enter the premises and give any person at the premises an opportunity to allow entry to the premises. The authorised officer need not make such an announcement if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure the safety of any person; or that the effective execution of the search warrant is not frustrated. A copy of warrant must be given to the occupier.

Self-incrimination

Clause 46 deals with self-incrimination providing –

1. A person is not excused from answering a question, providing information or producing a document or thing, when required to do so under this Act, on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.
2. However, if the person objects to answering the question, providing the information or producing the document or thing on that ground, the answer, information, document or thing is not admissible against the person in any criminal proceedings other than –

   1. proceedings for an offence against this Act; or
   2. proceedings for an offence in the nature of perjury.

Clause 47 creates an offence of dishonestly making a false or misleading statement in or in connection with an application for a first home owner grant. Penalty: 60 penalty units ($6,000).

Clause 47(2) a person must not make a misleading statement in or in connection with an application for a first home owner grant. Penalty: 10 penalty units ($1,000).

Clause 47(3) provides that it is a defence to such a charge under clause 47(2) to prove that the defendant's contravention was neither intentional nor negligent.

Clause 48 deals with the Commissioner’s power to require repayment and where the applicant fails to make the repayment, or the repayment is occasioned by the dishonesty of the applicant, the power to impose a penalty of up to the amount to be repaid.

Clause 49 deals with the powers to recover amounts paid in error including the placing of a first charge over the interest of the applicant’s property; the power to make an instalment order for such a repayment; the power to write off the whole or part liability where recovery of the amount is futile.

Clause 50 those engaged in administering or enforcing the Act must protect and keep confidential certain ‘protected information’ (defined by the Bill). Penalty: 60 penalty units. Protected information may only be disclosed in defined circumstances, such as for the purposes of legal proceedings.

Clause 52 provides that a prosecution for an offence against the Act may be commenced at any time within 3 years after the alleged commission of the offence.

Clause 54 is the regulation making power providing –

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or that is necessary to be prescribed to give effect to this Act.

(2) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.

Clause 55 makes a necessary consequential amendment to the Victorian Civil and Administrative Tribunal Act 1998 to allow reviews under the grants scheme created by the Act to be undertaken by the Tribunal.

4.1

The Bill was introduced into the Legislative Council on 1 March 2000 by the Honourable Candy Board MLC. The Second Reading Speech was delivered on 1 March 2000.

4.2

The purpose of this Act is to amend the Flora and Fauna Guarantee Act 1988 (the Act) to make further provision for the making of Lists under the Act and to make other minor amendments to the Act.

The Committee notes the comments in the Second Reading Speech –

The purpose of this bill is to amend the Flora and Fauna Guarantee Act 1988 to bring the Act into line with the current parliamentary practice that primary legislation should not be amended by subordinate legislation.

Sections 5 and 10 of the Flora and Fauna Guarantee Act 1988 allow the schedules of that Act to be amended by a Governor in Council order. They therefore provide for the Act to be amended by subordinate legislation.

The bill before the house will rectify this anomaly by replacing the process in the existing Act with a new process which provides for statutory lists which can be made, amended and repealed by a Governor in Council order. Concerns about the listing process have contributed to the current hold-up in listing threatened flora and fauna. This bill will help to ensure that the listing of threatened flora and fauna and potentially threatening process will occur smoothly in the future.

A key part of the Flora and Fauna Guarantee Act 1988 is the establishment of three lists as schedules to the Act. Schedule 1 includes taxa of flora and fauna that are not to be conserved. There is only one taxon listed in Schedule 1 -- human disease organisms. Schedule 2 contains a list of taxa or communities of flora and fauna that are threatened, while Schedule 3 lists potentially threatening processes. Taxa, communities and processes can only be listed after the minister has considered a recommendation of the Scientific Advisory Committee and after the committee's preliminary recommendation, final recommendation and the minister's decision have been advertised. Public comments are invited at the preliminary recommendation stage.

Currently, the schedules to the Flora and Fauna Guarantee Act 1988 can be amended by an order made by the Governor in Council. Whilst this was clearly the intention of the legislation, it is now considered inappropriate for an Act that has been enacted by Parliament to be amended in this way.

The bill includes a list of all taxa, communities and processes that have previously been through the recommendation process in the act and added to schedules 1, 2 and 3. This would mean that Parliament would ratify previous listings. Items that have been included in schedules 1, 2 and 3 of the Act could then be included on the new lists without having to go through the recommendation process for a second time and, consequently, there would be no uncertainty about the contents of the new lists.

The bill provides for commencement to occur by proclamation. An order made by the Governor in Council which lists all items contained in schedules 1, 2 and 3 of the bill will therefore be able to be made on the same day that the bill commences. This will ensure that threatened flora and fauna will continue to be protected under the Flora and Fauna Guarantee Act 1988 throughout the transition from the current lists to the new lists.

I would like to assure the house that the bill will not diminish the status of items listed under the Flora and Fauna Guarantee Act 1988. The responsible minister will only be able to amend the lists after considering the recommendations of the Scientific Advisory Committee. The recommendations of the Scientific Advisory Committee and the decisions of the responsible minister will continue to be advertised in statewide and regional newspapers and in the Victorian Government Gazette. An order made by the Governor in Council which makes, amends or repeals any taxon, community or process will continue to be published in the Victorian Government Gazette.

The bill also amends the Flora and Fauna Guarantee Act 1988 to ensure that the new lists will be made freely available to the public at Department of Natural Resources and Environment offices in Melbourne and in regional centres. The lists will also be made available on the Department of Natural Resources and Environment's Internet site.

4.3

Clause 2 provides that section 1 and 2 come into operation on the day after Royal Assent and the remaining provisions come into operation on a day or days to be proclaimed but not later than by 1 September 2000.

Clause 6 substitutes new sections 5(1) and 5(2) and provides a new process for listing taxa which may constitute a serious threat to human welfare –

(1) The Governor in Council may, on the recommendation of the Minister, and by Order published in the Government Gazette specify, in a list, a taxon, the members of which constitute a serious threat to human welfare, and may amend the list or repeal the whole or any part of the list.

(2) The Minister may make a recommendation under sub-section (1) only after considering a recommendation of the Committee.

The new process will be entirely made, repealed or amended by Governor in Council Order rather than by amending the Schedule of the Act by Governor in Council Order.

Clause 7 amends section 10 of the Act to provide a new process for listing threatened taxa. Similarly to clause 6 above the process will be entirely a process of Governor in Council Order and will not involve the amendment of the Schedules to the Act by Governor in Council Order.

(1) The Governor in Council may, on the recommendation of the Minister, and by Order published in the Government Gazette specify, in a list, any taxon or community of flora and fauna which is threatened, and may amend the list or repeal the whole or any part of the list.

(2) The Governor in Council may, on the recommendation of the Minister, and by Order published in the Government Gazette specify, in a list, any potentially threatening process, and may amend the list or repeal the whole or any part of the list.

(3) The Minister may make a recommendation under sub-section (1) or (2) only after considering a recommendation of the Committee.

Clause 10 amend section 67 of the Act to ensure that new lists are made available for public inspection during office hours at the Department of Natural Resources and Environment and regional offices.

Clause 11 contains transitional provisions to give effect to the purposes of the Act.

Clause 12 provides for new Schedules to replace the former Schedules.

5.1

The Bill was introduced into the Legislative Assembly on 1 March 2000 by the Honourable John Pandazopoulos MLA with the Honourable Steve Bracks MLA. The Second Reading Speech was delivered on 2 March 2000.

5.2

The purposes of the Bill are –

• to amend the Casino Control Act 1991 and the Gaming Machine Control Act 1991;
• to restrict the number of gaming machines at the Melbourne Casino;
• to provide for the determination of maximum numbers of gaming machines in regions of the State;
• to provide for restrictions on 24 hour gaming;
• to provide for the views of a municipal council to be taken into account when the Authority is considering the placement of gaming machines in the municipal district;
• to provide for the establishment of the Gambling Research Panel;
• to provide for players of gaming machines to be given information relevant to gaming on gaming machines; and
• to provide for the regulation of advertising in relation to gambling.

5.3

Clause 2 The provision of the Bill except Division 3 of Part 3, comes into operation on the day after Royal Assent. Division 3 of Part 3 is deemed to have come into operation on 2 March 2000.

Amendments to the Casino Control Act 1991

Clause 3 inserts new sections 62A(2) and 62A(3) into the Act placing an overall cap of 2,500 gaming machines at the Melbourne Casino.

Clause 4 inserts a new section 140(c) into the Act giving the Victorian Casino and Gaming Authority (the Authority) the new objectives of: fostering responsible gambling in casinos in order to minimise harm caused by problem gambling; and to accommodate those who gamble without harming themselves or others. The amendment replaces the current paragraph (c) promoting tourism, employment and economic development generally in the State.

Clause 5 amends the regulation making powers by inserting an additional paragraph (ba) into section 167 of the Act.

(ba) the provision to players of gaming machines in a casino of information relevant to gaming on gaming machines;

Amendments to the Gaming Machine Control Act 1991

Clause 6 inserts new paragraph (f) in section 1 dealing with the purposes of the Act –

(f) fostering responsible gambling in order to–

(i) minimise harm caused by problem gambling; and
(ii) accommodate those who gamble without harming themselves or others.

Clause 8 inserts new sections 12AA and 12AB permitting the Minister to determine regions in the State and to impose an obligation on the Authority to impose a maximum permissible number of gaming machines available for gaming in each region. Regional limits may be reviewed but so that the overall State gaming machine cap is not exceeded.

The Authority may require the number of gaming machines in a region to be reduced by the gaming operators on a pro rata or percentage basis or on any other basis, subject to compliance with directions given by the Minister. A gaming operator must comply with such a direction.

New section 12AB protects the Crown from all claims for compensation that arise from the reduction of gaming machines as a consequence of the new regional caps. [Refer to 5.4 for section 85 of the Constitution Act 1975 report.]

Clause 9 amends section 21(1) to ensure that when the Authority is considering the grant of an operator’s licence that regional caps are not exceeded by the granting of the application.

Clause 12 insert new sections 12B(3A) and (3B) providing that 24 hour operating applications in the municipal area must be accompanied by a submission dealing with the net economic and social benefit that will accrue to the community of the municipal district in which the premises are located as a result of the premises being open as an approved venue for 24 hours; and take into account the impact of the proposal for approval on surrounding municipal districts.

Clause 13 inserts a new section 12H(1A) and (1B) providing that it is a condition of every approval of premises outside the municipal area that there must be a continuous 4 hour break from gaming after every 20 hours of gaming.

Clause 17(1) inserts a new section 27(1)(d) providing that –

The conditions of a venue operator’s licence including variation of the days on which 24 hour gaming is permitted in an approved venue under the licence or section 167 may be amended in accordance with this section.

Clause 17(2) inserts a new section 27(1A) providing –

A venue operator’s licence may be amended in accordance with this section to add a condition specifying days or dates on which 24 hour gaming is permitted in an approved venue, when none currently takes place.

Clause 17(3) inserts new section 27(2A) providing that venue operators seeking amendment to their 24 hour operating licences must make a submission on the net economic and social benefit that will accrue to the community of the municipal district in which the approved venue is located as a result of the proposed amendment and take into account the impact of the proposed amendments on surrounding municipal districts.

Clause 17(5) inserts new sections 27(4A) and (4B) providing –

(4A) An amendment referred to in sub-section (1)(d) or (1A) may be made subject to any conditions that the Authority thinks fit.

(4B) The Authority is not required to give reasons for its decision to make or refuse to make an amendment referred to in sub-section (1)(d) or (1A) but may give reasons if it thinks fit.

Clause 17(6) inserts a new section 27(7) providing that if the Authority makes an amendment referred to in sub-section (1)(d) or (1A), the Authority must cause notice of the amendment to be published in the Government Gazette.

Clause 19 inserts a new section 12CA enabling a municipal council to make a submission to the Authority regarding an application for approval of premises for gaming purposes. A submission may address the economic and social impact of the proposal for approval on the well-being of the community of the municipal district in which the premises are located; and take into account the impact of the proposal on surrounding municipal districts. The Authority must consider such a submission.

Clause 20 inserts a new section 12D(1)(c) providing that the Authority must not grant an application for gaming premises unless the net economic and social impact of approval will not be detrimental to the well-being of the community of the municipal district in which the premises are located.

Clause 22 inserts new sections 27(2B) to (22E) providing that if an amendment proposed by a venue operator is to increase the number of gaming machines permitted in an approved venue, the venue operator must send the municipal council of the municipal district in which the approved venue is located, a copy of the proposed amendment within 14 days after the proposal is made.

Clause 22(2) inserts a new section 27(3B)(ac) providing the the Authority must not amend the operator’s licence unless satisfied that if the proposed amendment will result in an increase in the number of gaming machines permitted in an approved venue, that the net economic and social impact of the amendment will not be detrimental to the well-being of the community of the municipal district in which the approved venue is located.

Clause 24 inserts a new section 167 in relation to the use of money from the Community Support Fund, amongst other things for use by the Gambling Research Panel established by the Bill.

Establishment of Gambling Research Panel

Clause 25 inserts a new Part 9A consisting of new sections 138A to 138N. The Gambling Research Panel (the Panel) is established by that name as a body corporate with perpetual succession; a common seal; and may sue and be sued. The Panel is a public authority which represents the Crown. The new sections deal with the Panels functions and powers; its membership; quorum; remuneration of members; term of office; disclosure of interests; and other related and like matters.

New section 138M requires the Panel to prepare a research plan each year for the Minister.

Clause 26 varies the delegation powers of the Authority and provides that: the Authority cannot delegate its power to set regional caps; allows the Authority to delegate to a committee of three Authority members the power to amend venue operator’s licence to ensure regional caps are complied with and; allows the Authority to delegate to one or more members its function to decide whether to propose an amendment of a venue operator’s licence at the instigation of the gaming operator.

Clause 27 amends the objects of the Authority contained in section 109 of the Act to substitute objects (e) and (f) –

(e) to advise the Minister on community concerns about the economic and social impact of gaming on the well-being of the community;
(f) to foster responsible gambling in order to--

(i) minimise harm caused by problem gambling; and
(ii) accommodate those who gamble without harming themselves or others.

Clause 29 amend the regulation-making power in section 159(1) of the Act by inserting new paragraph (ua) and (ub) –

(ua) advertising relating to gaming;
(ub) the provision to players of gaming machines of information relevant to gaming on gaming machines;

Clause 28 provides that at the end of section 158 of the Act insert –

(2) It is the intention of section 12AB to alter or vary section 85 of the Constitution Act 1975.

New section 12AB (inserted by clause 8 of the Bill) provides –

No compensation is payable by the Crown in respect of any direction given or anything done under or arising out of any direction given by the Authority under section 12AA, any action taken by the Authority under section 27(2AB) or any decision made by the Authority arising out of an amendment proposed under section 27(2AB).

The Committee notes the comments in the Second Reading Speech –

Statement for the purposes of section 85 of the Constitution Act

I wish to make a statement under section 85(5) of the Constitution Act 1975 of the reasons why clause 28 of the bill alters or varies section 85 of that Act.

Clause 28 inserts a new subsection (2) into section 158 of the Gaming Machine Control Act 1991. That subsection provides that it is the intention of section 12AB of the Gaming Machine Control Act to alter or vary section 85 of the Constitution Act 1975.

The proposed new section 12AB of the Gaming Machine Control Act 1991 provides that no compensation is payable by the Crown in respect of anything arising out of three categories of actions by the Victorian Casino and Gaming Authority.

The first category of action is a direction given under the proposed new section 12AA of the Gaming Machine Control Act 1991 to a gaming operator requiring compliance with a regional cap on the number of gaming machines.

The second category of action is any action taken by the authority under the proposed new section 27(2AB). That action would cover the proposal by the Authority of an amendment to the conditions of a venue operator's licence to vary the number of gaming machines permitted in an approved gaming venue. Such an amendment would be proposed as a result of a request in writing by a gaming operator, for the purpose of complying with a regional cap.

The third category of action is a decision made by the Authority arising out of such a proposed amendment. This would be a decision to amend the conditions of a venue operator's licence to amend the number of gaming machines permitted in an approved gaming venue.

The reason why the Supreme Court is not to have jurisdiction in these matters is as follows.

By enacting this bill the Parliament has indicated that it is a matter for the government, acting in the interests of the community as a whole, to determine the most appropriate distribution of gaming machines throughout the State. Therefore, no compensation right should exist in respect of the removal of gaming machines as a result of directions made by the Victorian Casino and Gaming Authority, or proposals for amendments to venue operators licences, or approvals of amendments to those licences.

6.1

The Bill was introduced into the Legislative Council on 1 March 2000 by the Honourable Marsha Thomson MLC. The Second Reading Speech was delivered on 1 March 2000.

6.2

The purpose of this Act is to amend the Hire-Purchase Act 1959 (the Act) to extend the application of sections 24 and 25 of the Act to hire-purchase agreements for farm machinery and connected agreements entered into before 1 July 2003.

6.3

Clause 2 the provisions in the Bill come into operation on Royal Assent.

Clause 3 has the effect of extending the operation of sections 24 and 25 of the Act from
1 April 2000 to 30 June 2003. The Committee notes the comments in the Second Reading Speech –

The extension will allow time for the testing in the courts of section 51AC, so as to enable an assessment of whether it, rather than sections 24 and 25 of the Hire Purchase Act or any other proposal, provides better protection for farmers in their business dealings with financiers. It is likely to be several years for section 51AC to be sufficiently tested in the courts and for a clear picture to emerge of its effectiveness.

In the meantime, the government will not allow the protective provisions of the Hire Purchase Act to lapse without there being an adequate alternative for farmers

The Commonwealth Parliament inserted section 51AC into the Trade Practices Act 1974 (Clth) which came into on 1 July 1998. That provision prohibits unconscionable conduct in business transactions and sets out wide criteria for assessing unconscionability and compensating small traders, such as farmers for a breach of the provision.

7.1

The Bill was introduced into the Legislative Council on 1 March 2000 by the Honourable Steve Bracks MLA with the Honourable John Pandazopoulos MLA. The Second Reading Speech was delivered on 2 March 2000.

7.2

The purposes of the Bill are to: record the State's intention to give effect to the Intergovernmental Agreement (the Agreement) on the Reform of Commonwealth-State Financial Relations; enable State entities to make GST equivalent payments; discontinue financial institutions duty and stamp duty on certain share transfers and on bookmakers' statements; alter government fees and charges to take GST into account and; amend various Acts as a consequence of national taxation reform and for other purposes.

The Committee notes the comments in the Minister’s Second Reading Speech –

…

The Intergovernmental Agreement formalised several important changes to Commonwealth-State financial arrangements and committed the States and Territories to certain changes in their tax arrangements. The measures of the IGA include the following:

7.3

Clause 2 provides that –

(1) The Bill, except Parts 8 and 9 and sections 17, 18, 19, 24, 33 and 34, comes into operation on the day after the day on which it receives the Royal Assent.

(2) Section 31 is deemed to have come into operation on 17 February 1999.

(3) The remaining provisions of Part 9 and sections 17, 18, 19, 24, 33 and 34 come into operation on 1 July 2000.

(4) Part 8 comes into operation on 3 July 2000.

Clause 31 amends section 136(3) of the Gaming Machine Control Act 1991.

Part 2

The Part records the State’s intention to give effect to the Agreement on the Reform of Commonwealth-State Financial Relations as set out in the Schedule.

Part 3

The Part provides for State entities to pay GST equivalents to the Commonwealth which they would pay if not prevented by section 114 of the Commonwealth Constitution.

Part 4

The Part provides for regulations to be made to alter fees or charges set by statutory rules to take GST into account.

Clause 7 provides –

(1) The Governor in Council, on the recommendation of the Minister, may make regulations providing for a fee or charge set by a statutory rule specified in the regulations to be increased by an amount or a percentage specified in the regulations.

(2) Except as provided in sub-section (6), the increase in the fee or charge cannot exceed the amount of GST payable on the supply to which the fee or charge relates.

(3) The Minister may make a recommendation under sub-section (1) only if he or she considers that the increase in the fee or charge is necessary to cover the increased cost of the supply to which the fee or charge relates as a result of the implementation of -

(a) the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and
(b) the GST Imposition Acts; and
(c) the Intergovernmental Agreement.

(4) Part 2 of the Subordinate Legislation Act 1994 does not apply to regulations made under this section.

(5) A fee or charge may be increased only once under this section.

(6) In determining the amount of GST payable on the supply to which a fee or charge relates for the purposes of regulations under this section, the fee or charge is to be taken to be payable in relation to supplies made wholly on or after 1 July 2000.

(7) Despite sub-section (6), the increase in a fee or charge under this section does not apply to that part of the supply to which the fee or charge relates that is in respect of the period before 1 July 2000 and any such fee or charge must be reduced accordingly.

(8) In this section –

"GST" includes notional GST of the kind for which payments may be made under Part 3 by a State entity.

Part 5

The Part deals with then cessation of financial institutions duty from 30 June 2001 to give effect to that part of the Agreement.

Part 6

The Part will ensure that GST will be excluded from amounts deemed to be wages liable to pay-roll tax under the Pay-roll Tax Act 1971.

Part 7

The Part consists of clauses 14 to 25 and makes GST related amendments to the Stamps Act 1958. The relevant clauses deal with – the discontinuation of duty on transfers of quoted marketable securities; the exclusion of GST from rental business duty; duty on registration and transfer of motor vehicles to be paid by the purchaser; marketable security duty; the exclusion of GST from duty on cattle sales; limits duty to be paid on sale of sheep and goats; excludes duty to be paid on pig sales.

Part 8

The Part deals with the abolition of stamp duty on bookmakers statements.

Part 9

The Part provides adjustments to some of Victoria’s State gambling tax arrangements to take account of the impact of the GST on gambling operators as required by the Agreement. The Victorian Acts involved are the – Club Keno Act 1993; Gaming and Betting Act 1994; Gaming Machine Control Act 1991; and the Tattersall Consultations Act 1958.

Part 10

The Part amends other Acts arising from certain changes to Commonwealth industry support and taxation arrangements. The Acts involved are the – Business Franchise (Petroleum Products) Act 1979; Liquor Control Reform Act 1998; and the Livestock Disease Control Act 1994.

The Schedule

The Schedule contains the Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations agreed to by the Commonwealth, States and Territories.

8.1

The Bill was introduced into the Legislative Council on 1 March 2000 by the Honourable Candy Board. The Second Reading Speech was delivered on 1 March 2000.

8.2

The purposes of the Bill are to amend the Prevention of Cruelty to Animals Act 1986 (the Act) to: (a) make further provision for the offence in relation to the carrying of dogs, while unrestrained, on certain vehicles on highways; and (b) amend the method of making Codes of Practice.

8.3

Clause 2 provides that the provisions of the Bill commence operation on the day after Royal Assent.

Clause 4 amends the Act to provide for Codes of Practice to be made by the Governor in Council instead of the Minister.

Clause 5 amends section 15A(1) and 15A(2) of the Act, to ensure that in relation to dogs on moving vehicles that the offence applies to all motor vehicles with trays. The clause also inserts a new definition for ‘tray’ in section 15A(1) of the Act.

Clause 6 inserts a new section 43 being a transitional provision to allow Codes of Practice that have been prepared and published by the Minister to be varied or revoked by the Governor in Council as if the Codes of Practice were made by the Governor in Council.

9.1

The Bill was introduced into the Legislative Council on 1 March 2000 by the Honourable Marsha Thomson MLC. The Second Reading Speech was delivered on 1 March 2000.

9.2

The purpose of the Bill is to amend the Prostitution Control Act 1994 (the Act) to apply Part 4 of that Act to certain amendments to planning permits.

9.3

Clause 2 the provisions of the Bill come into operation on Royal Assent.

Clause 3 inserts a new section 75A into the Act concerning planning permits for brothels. The amendment will apply to applications for an amended permit whether the permit was granted before, on or after, 14 June 1995 (the date on which Part 4 of the Act commenced operation). The amendment will close a loophole which came to light in a recent Supreme Court case concerning an application to expand a brothel premises where the original permit was granted prior to 14 June 1995, that is, before certain provisions in Part 4 of the Act came into force. The new provisions will also apply to permits currently pending before the Victorian Civil and Administrative Tribunal.

New section 75A(2) provides that the section applies to an amendment of a permit whether the permit was granted before, on or after 14 June 1995.

The Committee notes the comments in the Second Reading Speech –

This loophole came to light following the Supreme Court's interpretation of the effect of the Prostitution Control Act 1994 on the amendment of brothel permits. Part 4 of the Prostitution Control Act 1994 imposes limits on brothel size and location, including a six-room limit on the number of rooms in a brothel used for prostitution. The Supreme Court's decision has, however, made it clear that these limits do not apply to decisions to amend brothel permits granted before Part 4 commenced on 14 June 1995.

The effect of the decision is that brothels operating under permits granted before 14 June 1995 could continue to expand without reference to the Prostitution Control Act 1994 and, potentially, well beyond the six-room limit. Brothel operators may presently be preparing to take advantage of the effect of the decision to increase in size. Such growth is clearly at odds with the desirable containment of prostitution.

Further, the government has received legal advice that the Prostitution Control Act 1994 does not constrain the amendment of permits granted after Part 4 of the Act came into force. This means that a brothel originally limited by its permit to six or fewer rooms could, by obtaining an amendment to its permit, actually expand well beyond the six-room limit. Again, this is clearly undesirable.

The bill ensures that any decision to amend a brothel permit is made with regard to the limits imposed on brothel size and placement by the Prostitution Control Act 1994.

Transitional provisions in the bill ensure that any applications presently before the Victorian Civil and Administrative Tribunal to amend brothel permits are decided in accordance with the limitations in the Prostitution Control Act 1994.

10.1

The Bill was introduced into the Legislative Council on 1 March 2000 by the Honourable Candy Board MLC. The Second Reading Speech was delivered on 1 March 2000.

10.2

The purpose of the Bill is to amend the Renewable Energy Authority Victoria Act 1990 (the Act) to change the name of the Act and to change the name and functions of the Renewable Energy Authority Victoria (the Authority).

10.3

Clause 2 the provisions of the Bill come into operation on 1 July 2000.

Clause 3 the Bill establishes the ‘Sustainable Energy Authority Victoria’.

Clause 4 provides for the name change from Renewable Energy Authority Victoria to ‘Sustainable Energy Authority Victoria’.

Clause 5 substitutes new section 5 into the Act to provide for the new objectives of the Authority –

The objectives of the Authority are to facilitate energy efficiency and the development and use of renewable energy to achieve environmental and economic benefits for the Victorian community and to contribute to the reduction of greenhouse gas emissions.

Clause 5 also substitutes a new section 6 providing for the amended functions of the Authority.

Clause 7 substitutes new sections 23 to 26 into the Act providing that the renamed body is to be the same as the former body for all legal purposes despite the name change. New section 26 provides that the members of the Authority cease to hold office immediately before the Bill comes into operation.

Clause 9 changes the name of the Act to the Sustainable Energy Authority Victoria Act 1990.

The Committee makes no further comment.