The Bill amends the Building Act 1993 (‘the Act’) to –

• change the name of the Building Control Commission to the Building Commission;

• streamline the processes involved in applying, adopting or incorporating planning schemes into the building regulations;

• widen the classes of person who can be appointed as members of various bodies established under that Act; and

[2]. Sections 1, 4, 5, 9, 10 and 13 come into operation on the day after Royal Assent. Sections 3 and 14 will come into operation on 1 January 2002. The remaining provisions come into operation on proclamation but not later than 1 July 2002.

[5]. Inserts a new section 9A into the Act exempting the Minister from the requirement to ensure that a regulatory impact statement is prepared in respect of a regulation that applies, adopts or incorporates any matter contained in a planning scheme approved under the Planning and Environment Act 1987. The Explanatory Memorandum notes that Planning Schemes are ordinarily subject to extensive public consultation under that Act.

[6]. Inserts a new section 15A into the Act setting out regulation making powers in relation to the construction, installation, maintenance and operation of swimming pools and spas including powers to provide for penalties of up to 50 penalty units ($5,000) for contraventions of the regulations. Section 262(f) (regulation making powers) otherwise provides a maximum penalty under the regulations of 10 penalty units ($1,000).

[8]. Amends sections 166(3), 184(2), 207(2) and 210(2) of the Act by inserting provisions that provide for the inclusion of consumer representatives and members of the legal profession to be appointed as members of various statutory bodies established under the Act.

[10]. Inserts a new section 179A to enable the Building Practitioners Board to hold an inquiry into the conduct of a building practitioner who was registered at the time the conduct occurred but whose registration has since been suspended by the Board.

[11]. Inserts a new section 216B into the Act to enable municipal building surveyors to delegate functions under the Act or the regulations to any person employed or engaged by the council who is registered as a building surveyor under Part 11 of that Act.

The Committee makes no further comment.

The Bill –

• amends the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (‘the Act’) as a consequence of amendments to the Commonwealth Classifications (Publications, Films and Computer Games) Act 1995 (‘the Commonwealth Act’) made on 22 March 2001. The Bill also creates a new offence in the Act addressing the intentional use of on-line information services to transmit child pornography.

• amends the Crimes Act 1958 to provide indemnities to police and their computer analysts from the offences of production and possession of child pornography where this is done for the purpose of investigating child pornography related offences.

The Committee notes the comments in the Second Reading Speech –

Victoria is party to the 1995 Commonwealth/States/Territories agreement relating to a revised cooperative legislative scheme for censorship in Australia.

Under this agreement, the Commonwealth enacted the Classification (Publications, Films and Computer Games) Act 1995.

As part of this scheme, Victoria has enacted the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 which provides for the enforcement of classification decisions made by the Commonwealth Classification Board in accordance with guidelines issued under the Commonwealth Act.

In March 2001 the Commonwealth made amendments to the Commonwealth Act in a number of areas. These amendments will come into operation on 22 March 2002 or when all States and Territories have each enacted complementary legislation, whichever happens first.

[2]. Provides that Part 1 and sections 16, 17, 19 and 20 come into effect on the day after Royal Assent. The remaining provisions come into operation on proclamation but no later than 23 March 2002.

[4]. Amends certain definitions to ensure uniformity of interpretation with the Commonwealth Act.

[16]. Inserts a new offence (section 57A) in the Act concerning child pornography. A person who knowingly uses an on-line information service to publish or transmit, or make available for transmission, objectionable material that describes or depicts a person who is, or looks like, a minor under 16 engaging in sexual activity or depicted in an indecent sexual manner or context (that is, child pornography) is guilty of an indictable offence and liable to a term of imprisonment not exceeding 10 years.

Note: The new section creates a more serious offence of the intentional use of an on-line information service for the publishing, transmission or making available for transmission, of child pornography.

[17]. Inserts new section 87B providing that new section 57A applies only to a use of an on-line information service on or after the commencement of [16].

[19]. Amends Schedule 4 of the Magistrates' Court Act 1989 to include the new section 57A offence to ensure that this new indictable offence can be heard and determined summarily.

[20]. Amends sections 68 and 70 of the Crimes Act 1958 to provide an indemnity to members and officers of law enforcement agencies, from committing offences when they print or otherwise make or produce child pornography in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by law. The amendments also extends this protection to cases where there is possession of such material by properly authorised assistants (of law enforcement agencies), who may technically ‘possess’ child pornography when collecting it from suspect computer hard-drives for the purpose of prosecution.

The Committee makes no further comment.

The Bill amends the Country Fire Authority Act 1958 (‘the Act’) to implement a number of minor and machinery changes to simplify and facilitate the manner in which the Country Fire Authority operates.

[2]. The amendments made by the Bill come into force on the day after Royal Assent.

[3]. Amends section 7 of the Act and provides for the manner in which members of the Country Fire Authority are chosen, by substituting nomination by the Insurance Council of Australia for nomination by the Minister and changing the criteria for councillors nominated by the Municipal Association of Victoria.

[5]. Amends section 39 of the Act, by extending the operation of the Act to allow regulations to be made to prescribe, and impose restrictions on, the use of certain devices (such as a gas fired scatter gun), not already included in the Act.

[10]. Amends section 110 of the Act to clarify the entitlement of all volunteers to compensation and includes a definition of ‘member of a brigade’ for the purpose of the section. Member of a brigade includes a person who has applied for membership of the brigade and who is performing the duties of a member of that brigade although not formally enrolled as a member.

[11]. Inserts a new regulation making power in section 110 of the Act to allow for the prescribing of certain devices and restrictions which may be placed on their usage during fire danger periods.

The Committee makes no further comment.

The Bill amends the Health Services (Conciliation and Review) Act 1987 (‘the Act’) to make miscellaneous amendments relating to the operation of the Act and the powers of the Health Services Commissioner (the Commissioner).

[2]. The amendments come into operation on proclamation but not later than 1 December 2002.

[4]. Amends the definition of health service to include social work services, therapeutic counselling, psychotherapeutic services and laundry, cleaning and catering services when associated with health care treatment.

The Act will also include services provided by the Department of Human Services, which was excluded from the ambit of the Act by an earlier amendment made in 1998.

The definition of provider is also expanded to now encompass a person or body holding themselves out as providing health services although the person or body is not a health service within the meaning of the definition of provider in the Act.

[6]. Amends section 10 to give the Commissioner an additional power to encourage providers to distribute and display information produced by the Commissioner’s office in relation to the resolution of complaints.

[7]. Amends section 11 setting out the circumstances in which the Commissioner may name a person in an annual report or a report to a House of Parliament and outlines the procedure the Commissioner must follow before doing so. The amendment preserves the Commissioners power to name any person in a report resulting from an investigation requested by a House of Parliament or a committee of Parliament.

[8]. Inserts a new section 12(7A) providing grounds on which the Minister may remove a member of the Health Services Review Council (the Council) for good cause.

[9]. Amends section 14 to give the Council additional functions to allow it to provide expertise and advice to the Commissioner and to promote the Commissioner, the operations of the Commissioner and the guiding principles. The amendment also clarifies that the Council can perform its functions in any manner it thinks fit.

[10]. Amends sections 15 and 16 to enable a person to make a complaint on behalf of a user who has died if the Commissioner recognises that person as the user's representative. The amendment also ensures that a complaint can be made by a user's representative in relation to a health service provided to a user before or after the user died.

[11]. Amends section 19 to –

• permit the Commissioner to reject a complaint if it is misconceived or lacking in substance in addition to the existing grounds of being frivolous or vexatious;

• provide that the Commissioner must reject a complaint to the extent that it relates to an issue which has already been determined by a coroner;

• permit the Commissioner to give any information he or she believes is relevant to a complaint to a registration board, or other person, organisation or agency if the Commissioner has referred the complaint to that board, person, organisation or agency.

[12]. Inserts a new section 19A to enable the Commissioner to split a complaint into parts which can be treated separately.

[13 to 15]. Deals with the Commissioner’s powers of conciliation and handling of complaints.

[17]. Amends section 25 to enable the Commissioner to exercise powers under the Evidence Act 1958 to compel attendance and call evidence and documents when the Commissioner is conducting an inquiry to ascertain action taken by a provider to remedy a complaint; and the Commissioner is conducting an inquiry into matters referred by the Council or into issues which arise out of complaints received.

[18]. Amends section 32 and provides that a person who holds or has held a position within the meaning of the section is able to give evidence to a court in the course of criminal proceedings even though the evidence contains confidential information and disclosing it would otherwise be an offence under section 32(2). However, information gained by a conciliator is protected and such a person cannot be compelled to produce documents or give evidence.

The Committee makes no further comment.

The Bill amends the Legal Aid Act 1978 (‘the Act’) to further enable and assist the recovery of secured client contributions towards the cost of legal assistance provided by Victoria Legal Aid.

The Committee notes the following comments from the Second Reading Speech –

The Bill ensures that secured contributions can be collected by VLA. It does this by excluding contributions payable to VLA which are secured by equitable or statutory charges from the operation of the Limitation of Actions Act 1958.

The Bill also makes an amendment to section 27(1)(c)(ii) of the Act to make it clear that VLA has the power to charge any property in which the assisted person has an interest, including land. The expression 'property' in the subparagraph has always been taken to include land. The amendment clarifies Parliament's original intention in this regard.

The Bill will assist VLA to fulfil its statutory charter in this regard and ensure that VLA continues to deliver legal aid services to the most vulnerable and disadvantaged members of the community equitably and at a reasonable cost.

[2]. The provisions in the Bill come into operation on the day it receives Royal Assent.

[3]. Amends section 27(1)(c)(ii) of the Act to make it clear that VLA has the power to charge any property, whether land or any other property, in which the assisted person has an interest in, or acquires such an interest during the period of assistance. This clarifies Parliament’s intention that ‘property’ was also to include land, for the purposes of securing charges on property.

[4]. Inserts new section 47F into the Act, providing that the Limitation of Actions Act 1958 does not apply, and is deemed never to have applied, to an action brought by the VLA to recover client contributions secured by equitable or statutory charges. This will enable VLA to recover secured contributions from assisted persons which are over 15 years old, and will apply retrospectively to those charges that would have been statute barred prior to this Bill.

The Committee makes no further comment.

The object of this Bill is to rationalise the application of the marine safety legislation of Victoria and New South Wales in Lake Hume and Lake Mulwala on the Murray River border.

At present the border between Victoria and New South Wales follows the top of the bank on the Victorian side of the Murray River (see Ward v Queen (1980) 142 CLR 308). That bank of the Murray River is submerged by Lakes Hume and Mulwala.

Under the combined operation of this Bill and corresponding legislation in New South Wales, the marine safety legislation of New South Wales is to be applied to the waters of Lake Hume upstream of the Bethanga Bridge and to all of the waters of Lake Mulwala (including the waters of the Ovens River north of the Murray Valley Highway Bridge) and the marine safety legislation of Victoria is to be applied to the waters of Lake Hume downstream of the Bethanga Bridge.

The Committee notes the comments in the Second Reading Speech –

The NSW/Victorian Border Anomalies Committee identified the need to rationalise enforcement of marine safety legislation on Lakes Mulwala and Hume as the State border is submerged beneath the waters of the lakes. In these circumstances it is unclear to boaters which state law they must comply with.

The Victorian and NSW governments have agreed to overcome these anomalies through the rationalisation of enforcement of marine safety legislation on Lakes Hume and Mulwala.

To address the current confusing situation, the NSW/Victorian Border Anomalies Committee in consultation with appropriate state government agencies, proposed that New South Wales law will apply to:

• all of Lake Mulwala and that part of the Ovens River north of the Murray Valley Highway Bridge and also known as Paralos; and
  
• the section of Lake Hume upstream of Bethanga Bridge.

Victorian law will continue to apply on the remainder of the Ovens River and on Lake Hume downstream of the Bethanga Bridge.

[2]. Provides for the commencement of the Act by proclamation.

[3]. Defines certain words and expressions used in the proposed Act including for the "transferred New South Wales area", the "transferred Victorian area", "Lake Hume" and "Lake Mulwala".

[5]. Applies the marine safety legislation of New South Wales (and associated laws of New South Wales) to the transferred Victorian area, as if the area were within New South Wales, and removes the application of the marine safety legislation of Victoria (and associated laws of Victoria) in relation to that area.

[9]. The Part has effect for the purpose of applying the marine safety legislation of Victoria (and associated laws of Victoria) to the transferred New South Wales area as if the area were within Victoria.

[11]. Extends a power under the marine safety legislation of Victoria to appoint or authorise a person for the purposes of the enforcement of that legislation to the appointment or authorisation of a person who is a police officer of New South Wales or a member of the staff of the Waterways Authority of New South Wales or of any other authority of New South Wales.

Victorian police officers and public servants may be appointed or authorised under the marine safety legislation of New South Wales to enforce that legislation in New South Wales or areas within Victoria transferred to New South Wales jurisdiction.

[13]. Allows the making of regulations to give effect to the purposes of the proposed Act.

The Committee makes no further comment.

Purpose

The main purpose of this Act is to transfer peat from the ambit of the Mineral Resources Development Act 1990 to the ambit of the Extractive Industries Development Act 1995.

The Committee notes the comments in the Second Reading Speech –

This Bill will remove peat from the ambit of the Mineral Resources Development Act 1990 and allow it to be treated as stone under the Extractive Industries Development Act 1995.

Under the Mineral Resources Development Act 1990, which I will refer to as the MRDA, all minerals are the property of the Crown.

Peat is currently defined under the MRDA as a mineral and therefore access to it is controlled by the government through the issue of licences and work authorities. While landowners will be compensated under the MRDA for any loss or damage resulting from work done under a mining or exploration licence, the landowners do not have the right to veto the doing of work on their land.

The Victorian Farmers Federation considers peat as being part of farmers' agricultural land and therefore farmers should be able to control access to it. This Bill will allow the farmers this control. By removing peat from the definition of a mineral and defining it as a stone, ownership of that material will revert to the landowner. The search and extraction of peat will therefore be controlled under the Extractive Industries Development Act 1995 under which the landowner must consent to the search and extraction. The VFF strongly supports this amendment.

[2]. The provisions in the Bill come into operation on the day after Royal Assent.

[3]. Provides for peat to be removed from the definition of a "mineral" in the Mineral Resources Development Act 1990 (‘the Act’) and to be included as a "stone" for the purposes of both the Mineral Resources Development Act 1990 and the Extractive Industries Development Act 1995.

[6]. Inserts a new Schedule 6 in the Act that sets out the transitional arrangements to apply to peat mining licences on commencement of the provisions in the Bill.

The Committee makes no further comment.

The purpose of this Act is to amend the Retail Tenancies Reform Act 1998 (‘the Act’) to clarify the basis on which a rent review may be made during the term of a retail premises lease.

The Committee notes the comments of the Hon. C. Furletti in the Second Reading Speech –

The Bill proposes to amend the Retail Tenancies Reform Act 1998 by clarifying what constitutes rent for the purposes of calculating and determining rent reviews under section 12 of the Act.

The proposed amendment will remove the existing uncertainty surrounding the validity of rent review provisions in retail tenancy leases, an uncertainty created by the decision of the Victorian Civil and Administrative Tribunal (VCAT) in the case of Khodr v. Foo Qan Eng Holdings Pty Ltd dated 25 January 2001.

The interpretation in Khodr's case of the term 'base rent' in section 12(2)(a) of the Act as meaning the initial rent paid -- that is, the rent paid in the first year of the lease -- has produced and will continue to produce absurd results and will have serious implications for thousands of retail leaseholds in Victoria.

[2]. The provisions amending the Act are deemed to have come into operation on 1 July 1998.

The Committee further notes the comments in the Second Reading Speech –

‘… in the existing circumstances, it is essential that the proposed amendments contained in the Bill have effect from the date of commencement of the principal Act so as to avoid the creation of two categories of retail tenancies leases’.

[3]. Amends section 12(2)(a) of the Act by substituting (a) a fixed percentage of the rent payable in respect of a specified year or other period for ‘ a fixed percentage of the base rent’

[4]. Provides for transitional provisions to ensure that the amendments have no effect on a proceeding determined by the Tribunal before the passing of the amendments made by the Bill or a proceeding commenced in the Tribunal before commencement of the Bill or any appeal from an order of the Tribunal made in a proceeding whether the appeal was commenced (or determined) before or after the commencement of the Bill.

The Committee makes no further comment.

The Bill amends the Roman Catholic Trusts Act 1907 (‘the Act’) to enable corporate bodies that are trustees of property belonging to the Roman Catholic Church in Victoria, to pool trust money for investment purposes, and to vary trusts where the original trust is impossible to carry out or of no community benefit.

The Committee notes the following comments from the Second Reading Speech –

At present, each trust estate held by the corporate trustees of the church must be invested and managed separately. However, individual investments are inefficient, costly and provide inferior returns especially where smaller trusts are concerned. To enable the corporate trustees to manage trusts more efficiently, the Bill empowers them to mix funds from different trusts into one common fund of investment.

As a protection, however, the Bill provides that where a donor has set out a specific purpose for which they wish their donation to be used, and the moneys have been mixed with funds for other purposes, the church must see to it that income or losses from those investments go back to the original purpose.

At present, if the church finds that the specified purpose to which funds were left cannot be carried out or is of no community benefit, the church must make a Cy-pres* application to the Supreme Court to seek the court's approval to vary the trust.

However, in many cases the amount left to the church is small and making an application to the Supreme Court could wipe out the gift entirely and detract from the charitable purpose for which moneys may have been left.

To address this issue the Bill provides for a less costly process for the church to follow, where the original purpose of the trust is impossible to carry out or of no community benefit.

* Cy-pres trust: [si pres, as near as] where a charitable intention appears in a bequest the gift will not fail or be held void merely because there is no such institution as specified by the bequest, the court may direct that the benefit of the bequest it be applied for a similar purpose resembling as nearly as possible to the original bequest.

[2]. The provisions in the Bill come into operation on the day after Royal Assent.

[3]. Inserts new sections 13A and 13B into the Act.

New section 13A enables the corporate trustees to mix funds from different trusts into one common fund of investment. Currently each trust estate held by the corporate trustees must be invested and managed separately. Sub-sections (2) and (3) require the income and losses arising from this common fund to be distributed rateably according to the several purposes for which the invested money is held. Sub-section (4) provides that the mixing of funds is subject to any express terms of a trust to the contrary.

New section 13B allows for the variation of trusts by resolution of the corporate trustees (when the original purpose of the trust is impossible, or of no community benefit, to carry out), so that funds can be used for purposes as near as possible to the original purpose set out in the bequest. Currently, where it is found that the specified purpose for which the funds were left cannot be carried out, or if there is no community benefit, trusts may only be varied via application to, and approval of, the Supreme Court.

Sub-section (8) allows for the variation of trusts to apply to trusts created both before and after this Bill commences operation.

The Committee makes no further comment.

The Bill makes amendments to various Acts, to recognise the rights and obligations of partners in domestic relationships, irrespective of the gender of each partner. This Bill follows on from amendments made by the Statute Law Amendment (Relationships) Act 2001 (‘the Act’).

A person's ‘partner’ is defined for the purposes of the amendments to mean the person's ‘spouse’ or ‘domestic partner’. ‘Spouse’ is defined to mean a party to a marriage.

As in the Act two definitions of ‘domestic partner’ are used, depending on the Act that is being amended. The principal definition is –

‘domestic partner’ of a person means a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender).

This definition is used for the purposes of amendments to the Conservation, Forests and Lands Act 1987, the Corrections Act 1986, the Children and Young Persons Act 1989 and the Water Act 1989.

A broader definition of ‘domestic partner’ is used for the purpose of amendments to other legislation such as the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Legal Practice Act 1996 and the Meat Industry Act 1993.

The broader definition of ‘domestic partner’ differs from the principal definition by expressly recognising relationships where people may not necessarily live under one roof, yet are mutually committed to and supportive of each other within their shared life as a couple.

The Bill makes clear that for the purposes of determining whether persons are domestic partners of each other, all the circumstances of the relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in the particular case, such as the duration of the relationship, the nature and extent of common residence and other indicia.

[1]. Sets out the purposes of the Bill including the recognition of the rights and obligations of partners in domestic relationships where there is mutual commitment to an intimate personal relationship and shared life as a couple, irrespective of the gender of each partner; and the prevention of discrimination under legislation specified in the Bill by ensuring that all couples irrespective of gender have the same rights and obligations while at the same time recognising the importance of a commitment to a long-term relationship and the security of children.

[2]. Sections 1, 2 and 4 come into operation on Royal Assent. Section 5 is deemed to have come into operation on 23 August 2001. The remainder of the provisions of the Act, including the items in the Schedule, come into operation on proclamation but not later than 1 July 2002.

[3]. Provides that the items in the Schedule amend certain Acts.

[5]. Amends Division 3 of Part 2 of the Parliamentary Salaries and Superannuation Act 1968 to include further modifications to Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948. Part V of the Commonwealth Act, as it stood on 2 July 1996, is applied, subject to modifications, as Victorian law in Division 3 of Part 2 of the Parliamentary Salaries and Superannuation Act 1968.

Division 3 of Part 2 of the Parliamentary Salaries and Superannuation Act 1968 applies the modified Commonwealth legislation to a person who became a member of Parliament after 2 July 1996; and a person who was a member of Parliament at 2 July 1996 and who at any time afterwards elects by notice in writing served on the Parliamentary Trustee to be subject to the benefits scheme under that Division.

The further modifications to the Commonwealth legislation inserted by this clause expand the range of beneficiaries who may be entitled to a member's or retired member's superannuation benefits upon that member's death by including the concepts of "domestic partner" and "domestic relationship".

Item 1 amends the Architects Act 1991 to include a domestic partner of an architect in the definition of ‘prescribed relative’ for the purposes of section 14 of that Act which deals the approval of a company as an architectural company where one director is a relative of an architect.

Item 2 amends the Children and Young Persons Act 1989 to include a domestic partner of the father or mother of a child within the definition of ‘parent’ under the Act.

Item 3 amends the Conservation, Forests and Lands Act 1987 to extend workers compensation entitlements to domestic partners of conservation workers who die while engaged in conservation work.

Item 4 amends the Corrections Act 1986 to include domestic partners (and their relatives) within the definition of ‘near relative’ and ‘relative’ of a prisoner. Under the Act relatives may visit prisoners and are exempt from certain requirements. Near relatives may have contact visits with prisoners.

Item 5 amends the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to include domestic partners and their children within the definition of ‘family member’. Under the Act, family members of persons in custody and the victims of those persons have certain rights. These rights include being given notice of applications in relation to supervision orders, notice of certain hearings and being given the opportunity to submit reports to the court.

Item 6 amends the Discharged Servicemen's Preference Act 1943 to expand the range of people who may be appointed or promoted by an employer without the need to comply with the provisions of the Act that require that preference be given to discharged servicemen for any appointment or promotion.

Item 7 amends the Estate Agents Act 1980. The amendments expand the range of people connected to an estate agent or his or her employee in relation to the purchase of real estate or business which the estate agent is dealing with. Any interest of those people in the purchase of the real estate or business, if any, will deem the estate agent to be beneficially interested in the dealing and is an offence under the Act.

Item 8 amends the Firearms Act 1996 to expand the range of people who may apply for a transfer of a firearms dealers licence if the firearms dealer dies or becomes a patient under the Mental Health Act 1986.

Item 9 amends the Legal Practice Act 1996 to include domestic partners in the definition of ‘family member’. Under the Act a Recognised Professional Association (RPA) or the Legal Practice Board may apply to the Supreme Court for an order directed to a financial institution in relation to an account of a family member of a practitioner. This may be done if the RPA or the Board believes that there may have been a defalcation regarding a practitioner's trust account and money has been transferred to the account of the family member.

In addition the expanded definition of family member affects other provisions dealing with the holding of shares in incorporated practitioners, engaging in legal practice on behalf of a trust and the sharing of income from a legal practice.

Item 10 amends the Meat Industry Act 1993.

Item 11 amends the Racing Act 1958 to include the interests of a Board member's domestic partner as those of the member. Under the Act a member's interests are relevant in relation to the disclosure of pecuniary interests in contracts or proposed contracts with the Board.

Item 12 amends the Water Act 1989 to include the interests of domestic partners of members or officers of water authorities as interests of those members or officers. Under the Act these interests may be relevant to the disclosure of pecuniary and non-pecuniary interests and disclosure of gifts. The amendments also include domestic partners as persons that the Authority may insure under the Act. The broader definition of ‘domestic partner’ is used for the pecuniary interest provisions and the principal definition is used for the insurance provisions.

Item 13 amends the Witness Protection Act 1991 to include domestic partners within the definition of a ‘member of the family’. Under the Act, the Chief Commissioner of Police may arrange for protection and provide for certain benefits for a ‘member of the family’ of a witness. Family members of witnesses are also under obligations in the Act not to disclose certain information.

The Committee makes no further comment.

The Bill amends the Telecommunications (Interception) (State Provisions) Act 1988 (the State Act) to address inconsistencies with the Telecommunications (Interception) Act 1979 (the Commonwealth Act) which have resulted from amendments to the Commonwealth Act.

The Commonwealth Act establishes a telecommunications interception regime which enables law enforcement agencies, including Victoria Police, to intercept telecommunications where authorised under warrant for law enforcement and other purposes. The Commonwealth Act also specifies the purposes for which intercepted information can be used and regulates dealings with such information.

The State Act establishes a record-keeping and reporting regime in relation to Victoria Police in respect of telecommunications intercepted in accordance with the Commonwealth Act. The amendments are necessary to make the record-keeping and reporting regime in the State Act consistent with the telecommunications interception regime contained in the Commonwealth Act.

[2]. The amendments made by the Bill come into operation on Royal Assent.

[3]. Substitutes and amends a number of definitions in the State Act. Definitions amended include ‘communication’, ‘certifying officer’, ‘permitted purpose’ and ‘record’.

The Committee notes the comments in the Second Reading Speech –

The Bill substitutes a new definition of 'certifying officer' into the State Act which is consistent with the equivalent definition of this term in the Commonwealth Act. This ensures that the same classes of persons who can certify documents under the Commonwealth Act, in the case of Victoria Police, can certify copies of documents for the record-keeping purposes under the State Act.

The Bill also substitutes a new definition of 'communication' into the State Act to make the definition of this term the same as the clearer equivalent definition of this term in the Commonwealth Act.

In addition, the Bill amends the definition of 'permitted purpose' in the State Act to include: the keeping of records by Victoria Police under the relevant record-keeping and reporting requirements under the State Act; and the making of a decision in relation to the appointment, reappointment, term of appointment or retirement of an officer or member of staff of Victoria Police and in the review of such a decision.

This amendment makes the definition of 'permitted purpose' consistent with the equivalent definition in the Commonwealth Act and ensures that the record-keeping and reporting obligations in the State Act accurately reflect the purposes for which Victoria Police can use lawfully intercepted information under the Commonwealth Act.

The Committee makes no further comment.

The Bill repeals Parts 1C and 1D of the Trustee Act 1958 (‘the Act’) and makes a number of consequential amendments. Parts 1C and 1D were part of an earlier scheme where trustees investing trust funds were restricted to certain authorised investments and are now redundant. That scheme was replaced with a new Part 1 which provides that trustees can invest trust funds in any form of investment subject to any restrictions contained in the trust instrument and the duty to invest prudently.

[2]. Sections 1 and 2 come into operation on the day after Royal Assent. The remaining provisions come into operation on proclamation but not later than 1 July 2002.

[3]. Repeals Parts 1C and 1D of the Act.

[4]. Repeals two definitions in section 3(1) of the Act made redundant by the repeal of Parts 1C and 1D of the Act.

The Committee makes no further comment.

The Bill amends the Unclaimed Moneys Act 1962 (‘the Act’) as a result of amendments to Commonwealth superannuation legislation, the State Superannuation Act 1988 and State Employees Retirement Benefits Act 1979 regarding the beneficiary choice program and ongoing commutation entitlements.

[2]. The amendments contained in Part 2 come into operation the day after Royal Assent. The amendments in Part 3 (except clause 5) are deemed to have come into operation on 6 December 2000*. The amendments in clause 5 are deemed to have come into operation on 1 July 2001**.

The Committee notes the following points in the Explanatory Memorandum –

* The date on which the beneficiary choice program provisions of the Superannuation Acts (Beneficiary Choice) Act 2000 came into operation. The reason for the retrospective commencement of these amendments is to ensure that people whose pension or other benefits arose under the Superannuation Act 1958 can participate fully in the beneficiary choice program.

** The date on which the ongoing commutation entitlement provisions of the Superannuation Acts (Beneficiary Choice) Act 2000 came into operation. The reason for the retrospective commencement of these amendments is to ensure that people whose pension or other benefits arose under the Superannuation Act 1958 have the same ongoing commutation entitlements as people under the State Superannuation Act 1988.

[3]. Substitutes a new Part 4 in the Act dealing with unclaimed superannuation benefits. The Part will replace current Parts 4 and 5 and combine the requirements in relation to unclaimed superannuation benefits and unclaimed money in retirement savings accounts (‘RSAs’).

[5]. Amends the State Superannuation Act 1988. Section 39 is amended to ensure that members who upon retirement become eligible for a pension under the Superannuation Act 1958 have the same commutation rights as Revised Scheme members.

[8]. Contains amendments to the State Employees Retirement Benefits Act 1979 that are equivalent to the amendments made to the State Superannuation Act 1988.

The Committee makes no further comment.

The Bill amends the Victorian Arts Centre Act 1979 (‘the Act’) to change the functions and powers of the Victorian Arts Centre Trust (‘the Trust’) to enable the Trust to establish and manage a public collection of art and the Museums Act 1983 to remove the requirement of Ministerial approval for the engagement of consultants and technical advisors by the Museums Board of Victoria.

The Committee notes the comments in the Second Reading Speech –

The main objective of this minor Bill is to expand the function and powers of the Victorian Arts Centre to acknowledge in statute the trust’s responsibilities in establishing and managing a public art collection…

Clarification of the trusts public art gallery functions will result in the trust being able to participate in the Commonwealth Government’s cultural gifts program which provides donors of artworks with more attractive tax deductibility arrangements.

[2]. The amendments come into operation on the day after Royal Assent.

[4]. Defines ‘Public art collection’ for the purposes of the Act.

[5]. Inserts new sections 5(fa) and (fb) in the Act to expand the functions of the Trust to include the promotion of public art collections.

[6]. Inserts a new section 6(2)(la) in the Act to expand the powers of the Trust to establish and operate a public art gallery.

[7]. Amends section 18 of the Act so that the disposal provisions in that section apply to works in the public art collection.

[8]. Amends section 21 of the Museums Act 1983 to enable the Museums Board of Victoria to engage consultants and technical advisors as necessary without the need to obtain the approval of the Minister.

The Committee makes no further comment.

The Bill amends the Water Act 1989 (‘the Act’) to –

• require the use of water in private dams or from springs or soaks for commercial and irrigation purposes to be licensed;

• provide for the declaration of water supply protection areas and the preparation and implementation of management plans for those areas;

• require certain dams to be licensed;

• require licensed drillers to comply with the conditions of bore construction licences;

• make other miscellaneous amendments.

[2]. Except clauses relating to registration licences the provisions in the Bill commence operation on the day after Royal Assent. The clauses relating to registration licences come into operation on 1 February 2002.

[6]. Inserts a new section 8(5A) into the Act to provide that sub-sections (4)(c) and (5) do not apply to the use, other than domestic and stock use, of water from a spring or soak or water from a private dam (to the extent that it is not rainwater supplied to the dam from the roof of a building).

Section 4(c) provides that a person has the right to use rainwater or other water that occurs or flows (otherwise than in a waterway or bore) on land occupied by that person or, with the permission of the other person, on land occupied by another person. Subsection (5) provides that ‘Water referred to in sub-section (4)(c) may be used for any purpose and on any land’. The amendments will thus limit water acquired under section 4(c) to use for stock and domestic purposes only.

[8]. Inserts a new Division 1A into Part 3 of the Act to allow the Minister to declare, by Order published in the Government Gazette, the permissible annual volume of water for the area specified in the Order which may be taken and used in that area during a 12 month period.

[9]. Amends section 23(2)(a) of the Act to confirm that the Minister may purchase or compulsorily acquire land that is required to establish a State observation bore for the purposes of the water resources assessment program. Where such acquisition occurs the provisions of the Land Acquisition Compensation Act 1986 apply.

The clause also makes it an offence to destroy, damage, remove alter or interfere with any works established for the purposes of the water resources assessment program (for example, stream gauges) without the consent of the Minister.

[10]. Substitutes Division 3 of Part 3 of the Act. Division 3 of Part 3 provides for the declaration of groundwater supply protection areas and for the preparation and approval of management plans for groundwater supply protection areas. New Division 3 of Part 3 will expand these powers to provide for the establishment of water supply protection areas in relation to groundwater or surface water or both.

New section 32B provides that, to secure compliance with an approved management plan, the Authority may require that specified works be carried out or removed; or specified equipment be installed; or specified actions be discontinued. A person whose interests are affected by such a decision may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

New section 32F provides for compensation to be payable to a person who, as a result of an approved management plan suffers loss or sustains expenses as a result of being directed to carry out or remove works or install equipment; or suffers a detriment where another person receives a benefit. The amount of compensation is as agreed between the relevant parties or, if no agreement can be reached, by the Authority that has the duty of administering and enforcing the management plan.

A person whose interests are affected by a decision relating to compensation under proposed section 32F can apply to the Victorian Civil and Administrative Tribunal for review of the decision.

[11]. Inserts a new Division 5 into Part 3 of the Water Act in relation to State observation bores.

New section 33A provides the Minister with power to enter any land on which a State observation bore is located to carry out observations and to operate, maintain, alter or decommission the bore.

New section 33B provides that the Minister must cause as little damage and inconvenience as possible when exercising the power to enter land on which a State observation bore is located. Proposed section 33B also provides that the Minister is liable to pay compensation in certain circumstances.

New section 33D makes it an offence to interfere, destroy, damage remove or alter a State observation bore.

[32]. Amends section 63 of the Act to make it an offence to take or use water from a spring or soak or from a dam (supplied other than from a waterway, bore or from the roof of a building) for commercial or irrigation purposes. This offence does not apply to existing users of such water until 1 February 2003 to allow people time to apply for either a take and use licence or a registration licence.

[35]. Amends section 67 of the Act to provide for the licensing of hazardous dams.

[41]. Inserts new section 74A of the Act to allow the Minister to fix an annual charge for a licence to operate a hazardous dam. The annual charge must be fixed by reference to the surveillance of the dam, the procedures for management of dam safety or any other operations or work required for the dam.

[46]. Amends section 81 of the Act which provides that the Minister may carry out work and recover reasonable costs where a direction given by the Minister to carry out works is not complied with or if the urgent works are required to prevent the waste, misuse or pollution of water. Any such costs incurred are a charge on the land and therefore provides the Minister with a property interest in the land.

[47]. Makes consequential amendments to section 83(1) of the Act to ensure that decisions made in relation to the new categories of licences can be reviewed by the Victorian Civil and Administrative Tribunal.

[52]. Amends section 306(1)(b) of the Act which specifies the sections of the Act which the Minister cannot delegate. The amendment now includes the power to specify the permissible annual volume for an area as one not to be delegated.

[54]. Amends section 313(1) of the Act to make the contravention of a condition of a licence issued under section 67 (licence to construct works) a ground to revoke or suspend a driller's licence.

The Committee makes no further comment.