Alert Digest No. 13 of 2001Accident Compensation (Amendment) Bill
Tuesday, 20 November 2001
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. R. Cameron MLA
Portfolio responsibility: Minister for WorkCover
Purpose
The Bill –
- amends the Accident Compensation Act 1985 ("the Act") to –
(i) widen the circumstances in which voluntary settlements of entitlements to compensation can be made; and
(ii) establish the Accident Compensation Conciliation Service; and
(iii) make miscellaneous amendments to improve the operation of that Act; and
- amends the Accident Compensation (WorkCover Insurance) Act 1993 in relation to the review of determinations of WorkCover insurance policy premiums; and
- widens the regulation-making powers of the Dangerous Goods Act 1985 and the Occupational Health and Safety Act 1985; and
- makes minor amendments to the Accident Compensation (WorkCover Insurance) Act 1993, the Dangerous Goods Act 1985, the Occupational Health and Safety Act 1985, the Mineral Resources Development Act 1990 and the Pay-roll Tax Act 1971.
Content and Committee comment
[Clauses]
[2]. Provides for the commencement provisions in the Bill.
- Parts 1, 2, 5 and 6 (other than sections 34 and 37) and sections 13, 14, 15, 20, 21, 22 and 23 come into operation on the day after Royal Assent.
- Sections 12 and 37 come into operation on 1 July 2002.
- Section 24 is deemed to have come into operation on 30 May 2000.
- Section 25 is deemed to have come into operation on 20 October 1999.
- The remaining provisions (other than section 34) come into operation on proclamation but not later than 1 July 2002. If section 34 is not proclaimed before 1 July 2003 it comes into operation on that day.
Notes from the explanatory memorandum:
[24]. Is deemed to have come into operation on 30 May 2000 and amends section 135AC of the Act so as to relax a time limit for commencing certain common law proceedings and has been made retrospective to the date of operation of a similar amendment to that section made by the Accident Compensation (Common Law and Benefits) Act 2000.
[25]. Is deemed to have come into operation on 20 October 1999 and corrects an oversight that occurred at the time amendments were made to the Act by the Accident Compensation (Common Law and Benefits) Act 2000 and has been made retrospective to the date that the relevant provisions of that Act came into operation.
The Committee notes from the content of the explanatory memorandum that the retrospective amendment to clause 24 is beneficial to claimants and that the amendment made by clause 25 corrects an inadvertent error. The Committee accepts that both retrospective provisions are appropriate in the circumstances. |
[3]. Substitutes a new Division 3A of Part 4 dealing with Voluntary Settlements. The Division consists of 5 subdivisions.
Subdivision 1 comprises new sections 115 to 115I and provide for voluntary settlements for certain serious injuries suffered between 12 November 1997 and 20 October 1999.
Subdivision 2 comprises new sections 116 to 116C and provide for voluntary settlements for certain injuries suffered between 31 August 1985 and 1 December 1992.
Subdivision 3 comprises new sections 117 to 117G and provide for other voluntary settlements in circumstances which are substantially reflected in existing provisions.
Subdivision 4 comprises new sections 118 to 118C and provide for voluntary settlements in circumstances to be prescribed by regulation.
Subdivision 5 comprises new sections 119 to 119L to prescribe application procedures to apply to voluntary settlements, including specifying time limits that apply to certain procedures.
[8]. Inserts a new Division 1A into Part 3 comprising new sections 52A to 52M to provide for the establishment of the Accident Compensation Conciliation Service ("the Service") as a body corporate.
[10]. Substitutes a new section 58 to provide for Conciliation Officers not to be liable for anything done or omitted to be done in good faith in the performance of their duties, and provides instead that any such liability is to attach to the Service.
[11]. Inserts a new section 58B to provide that it is an offence not to comply with a direction given by a Conciliation Officer.
[24]. Substitutes a new section 135AC(b) to provide for the timing of the limitation of certain actions to be determined by the making of an application.
[25]. Amends section 138(2) by inserting a reference to Division 8A of Part 4 of the Act. This amendment corrects an inadvertent oversight that occurred when the Act was amended by the Accident Compensation (Common Law and Benefits) Act 2000.
[33]. Amends Schedule 2 to the Dangerous Goods Act 1985 to enable regulations to be made that impose an unconditional prohibition on the manufacture, storage, supply, installation, transfer, transport, sale, resale, use or reuse of specified dangerous goods.
[34]. Removes from the Mineral Resources Development Act 1990 the provision that excludes the application of the Occupational Health & Safety Act 1985 in mines.
The Committee makes no further comment.
Animals Legislation (Responsible Ownership) Bill
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. K. Hamilton MLA
Portfolio responsibility: Minister for Agriculture
Purpose
The Bill makes various amendments to the Prevention of Cruelty to Animals Act 1986 ("the PCA Act") and the Domestic (Feral and Nuisance) Animals Act 1994 ("the DFN Act"). The amendments deal with –
- Prohibition of attendance at dog fights [3],
- Search warrants to enter dwellings [4],
- Warrants to seize animals [5 and 6],
- Regulating and controlling restricted dog breeds [9 to 23],
- Search and seizure powers in relation to restricted dog breeds [19],
- Offences in respect to dog attacks [24 and 25],
- Prohibition by regulation of cruelty resulting from the use of certain implements on animals [8].
Content and Committee comment
[Clauses]
[2]. Other than Part 3 (relating to restricted breed dogs) the provisions commence on the day after Royal Assent. Part 3 commences on proclamation but no later than 1 November 2002.
Amendments to the Prevention of Cruelty to Animals Act 1986
[3]. Inserts a new section 13(4) to make it an offence to attend an animal fight. Penalty: 60 penalty units ($6,000).
[4]. Inserts new sections 21A to 21C to provide for search warrants for dwellings. The provisions are similar to those found in model search powers legislation according to the forms and procedures found in the Magistrates’ Court Act 1989 and include provisions for announcement before entry except this may frustrate the purpose of the search and details concerning the warrant to be given to the occupier.
[5]. Substitutes a new section 24A(1) allowing the Minister to authorise a specialist inspector to seize and dispose of a distressed or disabled animal. The new section removes the prerequisite of a prior offence before seizure and disposal powers can be invoked.
[6]. Inserts new sections 24E to 24J to provide for warrants to seize animals. As with clause 5 the forms and procedures in the Magistrates’ Court Act 1989 are applicable. The warrant may permit seizure of any animal specified in the warrant and to take the animal to any place that the inspector thinks fit; and to retain possession of the animal for the period of time necessary to adequately care for the animal.
New section 24J allows an inspector to issue a notice to the owner of an animal or the person who has possession or custody of the animal to require that person to ensure that a cruelty offence against section 9 is not committed or cruelty ceases. A failure to comply with the notice is an offence.
[8]. Amends section 42(1) to insert new regulation making powers to allow regulations to be made to –
- prohibit or regulate activities or procedures which may cause physical or other harm to animals;
- prohibit or regulate equipment or implements which may be used for a purpose involving cruelty to animals or which may cause physical or other harm to animals.
The Committee notes the regulation making powers and accepts that they are appropriate to give effect to the purposes of the legislation. |
Amendments to the Domestic (Feral and Nuisance) Animals Act 1994
[9]. Inserts definitions of "restricted breed dog" and "recognised organisation" into section 3(1). Restricted breed dogs are those breeds which are prohibited from being imported into Australia under Commonwealth legislation. The dog breeds currently prohibited from being imported are –
- dogo Argentino; fila Brasileiro; Japanese tosa; American pit bull terrier or pit bull terrier.
The Committee notes that the Acts coverage may be extended by means of regulations made under Commonwealth legislation. The Committee accepts that such a definition is appropriate given the need to define restricted breed dogs in a manner consistent with the relevant Commonwealth legislation, the Customs (Prohibited Imports) Regulations 1956. |
[12]. Inserts new section 10(3) to make it an offence for a person when applying to a Council for registration of a dog to fail to declare whether or not the dog is a restricted breed dog.
[14]. Amends section 17 to provide that Council may, in its discretion, register or renew the registration of a restricted breed dog. If a Council proposes to refuse to register or renew the registration, the Council must notify the owner and allow the owner the opportunity to make written and oral submissions to the Council.
The owner of the dog may apply to the Victorian Civil and Administrative Tribunal for review of the decision of the Council to refuse to register or renew the registration of the dog.
[15]. Amends section 19 to provide that the owner of a restricted breed dog must ensure that the dog is permanently identified in the manner prescribed by regulations.
[17]. Inserts new Division 3B in Part 3 to specify particular requirements for restricted breed dogs.
New section 41F requires the owner of a restricted breed dog to notify the Council within 24 hours if the dog is missing or if the ownership of the dog changes. The owner must also notify a prospective owner that the dog is a restricted dog.
New section 41G provides that the owner of a restricted breed dog must keep the dog securely confined according to regulations, when the dog is on the owner’s premises.
New section 41H requires the owner of a restricted breed dog to display warning signs, according to regulations, at each entrance to the premises at which the dog is kept.
New section 41I makes the owner of a restricted breed dog and any person in charge of the animal at the relevant time guilty of an offence if the dog is not muzzled and under the control of a chain, cord, or leash when outside the premises of its owner.
New section 41J prevents a person from owning more than 2 restricted breed dogs without a permit from the relevant Council.
New section 41K provides that the owner of a restricted breed dog cannot transfer the ownership of the dog to a person who is less than 17 years of age.
New section 41L makes the owner of a restricted breed dog guilty of an offence if a person who is less than 17 years of age is in charge of the dog outside the premises of the dog’s owner.
[18]. Amends section 77 to allow an authorised officer of a Council to seize a restricted breed dog if the Council has made a decision to refuse to register the dog and any review of that decision has failed or the owner has not applied for review of the decision within the required timeframe.
[20]. Amends section 80 to provide that a Council can destroy seized restricted breed dogs in the same situations where seized dangerous dogs can be destroyed.
[21]. Amends section 94 to include a defence to any restricted breed dog offence where the owner reasonably believed that the dog was not a restricted breed dog. This provision will be available, for example, to the owner of a dog which is declared to be a restricted breed dog. That person may claim the defence in relation to any restricted breed dog offence prior to the time of the declaration if the owner reasonably believed that the dog was not a restricted breed dog.
[22]. Amends section 98(2)(b) to allow the owner of a restricted breed dog to apply to the Victorian Civil and Administrative Tribunal for review of a decision of a Council to refuse to register or renew the registration of a restricted breed dog.
[23]. Inserts new Division 7 of Part 7 to set out the procedures for identifying restricted breed dogs.
New section 98A allows an authorised officer to make a declaration that a dog is a restricted breed dog if the officer is of the opinion that the dog is a restricted breed dog.
New section 98D allows the owner of a dog which is the subject of a declaration by an authorised officer to apply for review of the declaration by a review panel appointed under the new Division.
[24]. Amends section 28 to increase the maximum penalty for setting or urging a dog to attack from 5 penalty units to 120 penalty units or imprisonment for 6 months.
[25]. Amends section 29 to amend the penalties for dog attacks. The maximum penalty for an attack by a dangerous dog (other than a dangerous dog which is guarding non-residential premises) will increase from 5 penalty units to 120 penalty units or 6 months imprisonment (currently 5 penalty units); the maximum penalty for an attack by a dog which is not a dangerous dog will increase from 5 penalty units to 10 penalty units; no penalty will apply to a dangerous dog which is guarding a non-residential premises.
[26]. Amends section 37 to repeal sub-section (2)(a) which currently requires the owner of a dangerous dog to notify the Council if the dog attacks or injures a person or animal.
Note:
Subsection (2)(a) of section 37 has been deleted as a consequence of the significant increase to the penalty for attacks by a dangerous dog (see clause25). The subsection to be repealed now requires an owner of a dangerous dog to notify the Council within 24 hours if a dog attacks or injure a person or animal. The penalty being for failure to notify.
Without the repeal the requirement would essentially abrogate the privilege against self-incrimination and render a person liable to a substantial pecuniary penalty and imprisonment.
The Committee makes no further comment.
Audit (Further Amendment) Bill
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. L. Kosky MLA
Portfolio responsibility: Minister for Finance
Purpose
The Bill amends the Audit Act 1994 to provide additional powers to the Auditor-General, and clarify and modify his existing powers. The amendment to the Constitution Act 1975 indemnifies the Auditor-General and audit staff from liability in respect of their official functions. The amendment to the Financial Management Act 1994 clarifies the tabling requirements for financial reports and statements under Part 5 of that Act.
Content and Committee comment
[Clauses]
[2]. Parts 1 and 3 and section 8 commence on Royal Assent. The remaining provisions commence on 1 July 2002.
Amendments to the Audit Act 1994
[5]. Amends section 7A of the Act to ensure that the Auditor-General considers any comments of the Parliamentary Committee on his or her draft annual plan and indicates in the plan if changes to it suggested by the Parliamentary Committee have not been adopted.
[8]. Amends section 7G which contains delegation powers for the Auditor-General. The amendments limit certain delegations and increase certain monetary limits.
Section 7G(1) is amended to limit the Auditor-General’s power of delegation to a staff member or a registered company auditor. Currently the Auditor-General may delegate to any person.
Section 7G(3) is amended so that the new threshold limit for delegations under section 7G(2) is a total expenditure of $5,000,000 (in relation to financial statements for 2001/2002 and 2002/2003) or that amount as indexed by CPI for subsequent financial years. The current threshold is net assets of $1,000,000 (as indexed by CPI from 1999).
[13]. Amends section 14(1) to increase the maximum penalty for failing to appear before the Auditor-General, answer questions or produce documents. The new maximum penalty is 50 penalty units ($5,000) for natural persons and 250 penalty units ($25,000) for bodies corporate.
[16]. Inserts a new section 16AB establishing new procedures for the tabling and release of reports by the Auditor-General concerning performance audits and report to Parliament on the annual financial statement (sections 16 and 16A). Once the Auditor-General has transmitted a report to the Parliament, it is a public document that can be read and copied, without fear of incurring any civil or criminal liability. This is so whether or not the Parliament is sitting at the time the report is received.
[21]. Amends the maximum penalty for improper use of information by persons performing functions under the Act and inserts new provisions in section 20A to guard against misuse of information given to persons by the Auditor-General during the course of an audit.
Amendment to the Constitution Act 1975
[23]. Inserts a new section 94D into the Constitution Act 1975 requiring the State to indemnify the Auditor-General, the Deputy Auditor-General, a person acting in either of those capacities, and employees of the Victorian Auditor-General’s Office. The indemnity only covers official functions undertaken in good faith and does not apply to a person already indemnified in some other manner, such as under an insurance contract.
Amendment to the Financial Management Act 1994
[24]. Amends section 27D to allow the tabling of certain reports in either House if only one House is sitting. The relevant reports are the annual and quarterly financial reports of the State, the mid-year report of the State and budget updates.
The Committee makes no further comment.
Fair Trading (Unconscionable Conduct) Bill
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. A. Haermeyer MLA
Portfolio responsibility: Minister for Small Business, Hon. M. Thomson MLC
Purpose
The Bill amends the Fair Trading Act 1999 ("the Act") to prohibit persons from engaging in unconscionable conduct in business transactions, and therefore to enable persons to litigate disputes of this nature in the Victorian Civil and Administrative Tribunal under that Tribunal’s fair trading dispute jurisdiction under the Fair Trading Act 1999.
Content and Committee comment
[Clauses]
[2]. The provisions in the Bill commence on Royal Assent.
[4]. Inserts new sections 8A and 8B into the Act.
New section 8A prohibits conduct, in trade or commerce, which is, in all the circumstances, unconscionable, and which is connected with the supply or possible supply of goods or services to a person other than a listed public company or with the acquisition or possible acquisition of goods or services from a person other than a listed public company.
The Committee makes no further comment.
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. M. Delahunty MLA
Portfolio responsibility: Minister for the Arts
Purpose
The Act establishes Film Victoria and the Australian Centre for the Moving Image, repeals the Cinemedia Corporation Act 1997 and abolishes the Cinemedia Corporation established under that Act.
Content and Committee comment
[Clauses]
[2]. Part 1 and sections 44, 45 and 54 come into operation on the day after Royal Assent. The remaining provisions come into operation on proclamation but not later than 1 July 2002.
Establishment of Film Victoria
[5]. Establishes a body corporate called Film Victoria, [7] sets out the functions of Film Victoria and [8] sets out the powers of Film Victoria.
[10]. Enables Film Victoria to delegate any of its powers or functions, other than the power of delegation, to the members of a committee of Film Victoria (provided that the committee includes 2 or more members of Film Victoria), the Chief Executive Officer, any of Film Victoria’s members, or any of its staff.
The Committee notes the delegation power and considers the delegation power is sufficiently defined for the purposes of the Act. |
[11]. Constitutes Film Victoria as appointed by the Governor in Council on the recommendation of the Minister.
[12]. Provides that membership of Film Victoria is not to be taken as a place or office of profit under the Crown.
[14]. Provides that Film Victoria may establish and dissolve any committees it considers necessary and may determine their procedures, functions or constitution.
[15]. Provides that the appointment of the Chief Executive Officer.
Establishment of the Australian Centre for the Moving Image
[21]. Establishes a body corporate called Australian Centre for the Moving Image ("ACMI"), [23 and 24] sets out the functions and powers of ACMI.
[25]. Provides for the establishment of a collection of moving images to comprise all moving images that are vested in ACMI, acquired by ACMI, given or bequeathed to ACMI and accepted by ACMI for the collection of moving images.
[28]. Enables ACMI to delegate any of its powers or functions, other than the power of delegation and any power to make by-laws, to the members of a committee of ACMI (provided that the committee includes 2 or more members of ACMI), the Chief Executive Officer, any of ACMI’s members, or any of its staff.
The Committee notes the delegation power and considers the delegation is sufficiently defined for the purposes of the Act. |
[29]. Provides that ACMI may make by-laws not inconsistent with the Act or the regulations made under the Act with respect to –
- regulating admission or exclusion from any facility under the control of ACMI including the charging of fees for admission to that facility,
- safeguarding of the contents of any facility under the control of ACMI against theft or damage,
- preservation, inspection, copying or lending of items in the collection of moving images or other material under the control of ACMI,
- charging and receiving of fees for services provided by ACMI and the imposition of charges for late returns of loaned items.
The Committee notes that these by-laws will not be subject to the scrutiny of the Committee and unlike other statutory rules setting fees and charges for services made pursuant to the Subordinate Legislation Act 1994 will not be subject to a regulatory impact assessment process. The Committee will seek the Minister’s comment in respect to this issue. |
[30]. Constitutes ACMI as appointed by the Governor in Council on the recommendation of the Minister.
[31]. Provides that membership of ACMI is not to be considered a place or office of profit under the Crown.
[33]. Provides that ACMI may establish and dissolve any committees it considers necessary and may determine their procedures, functions or constitution.
[34]. Enables the appointment of the Chief Executive Officer ("the CEO").
[40 and 41]. Requires members of Film Victoria and members of ACMI and members of their respective committees to declare direct or indirect pecuniary interests in a matter to be considered by the body, if the interest could conflict with the proper performance of the member in relation to the matter.
[42]. The CEO’s of Film Victoria and of ACMI and their respective employees are required to declare direct or indirect pecuniary or other interest that could involve a conflict with the proper performance or exercise by that person of those functions or services.
[43]. The Governor in Council may make regulations to give effect to the Act. The regulations can impose penalties not exceeding 5 penalty units.
The Committee notes the regulation making powers and accepts that they are appropriate to give effect to the purposes of the legislation. |
[46]. Dissolves Cinemedia with Film Victoria and ACMI becoming the successors in law.
[47 to 53]. Provide other legal and proprietary transitional provisions.
[54]. Requires the Minister to list the staff of Cinemedia who are to become employees of Film Victoria or ACMI on the day Film Victoria and ACMI are established.
[55]. Employees listed under [54] are to be regarded as employees of Film Victoria or ACMI, as specified in the list of the Minister. Transferred employees are regarded as being employed on the same terms and conditions as their employment under Cinemedia and as having accrued an entitlement to benefits equivalent to the entitlement accrued whilst employees of Cinemedia.
The Committee notes the abolition of the Cinemedia Corporation. On the material before it the Committee is unable to determine whether all or only some of the staff of that corporation are intended to be listed for continued employment with one of the new corporate entities established by the Bill. The Committee will seek further information from the Minister whether any member of staff of the Cinemedia Corporation may be disadvantaged by its abolition. |
[58]. Repeals the Cinemedia Corporation Act 1997.
The Committee makes no further comment.
House Contracts Guarantee (HIH Further Amendment) Bill
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. L. Kosky MLA
Portfolio responsibility: Minister for Finance
Purpose
The Bill amends the House Contracts Guarantee Act 1987 ("the Act") in relation to the Domestic Building (HIH) Indemnity Scheme ("the Scheme") and for other purposes.
Content and Committee comment
[Clauses]
[2]. The provisions in the Bill are deemed to have commenced on 8 June 2001. This is the day after Royal Assent to the House Contracts Guarantee (HIH) Act 2001, and thus the date that the substantive amendments to the Principal Act that implemented the Scheme commenced.
[5]. Inserts a new section 36A in the Act that provides explicitly that it is the intention of the Act to affect the rights of parties to proceedings that are currently before any court or Tribunal.
[6]. Inserts a new section 37(2) of the Act that provides that an indemnity under the Scheme is provided to a person who would have had an indemnity from HIH but for a provision in the HIH policy that such an indemnity does not exist if HIH ceased to trade.
The Committee makes no further comment.
Liquor Control Reform (Prohibited Products) Bill
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. A. Haermeyer MLA
Portfolio responsibility: Minister for Small Business, Hon. M. Thomson MLC
Purpose
The Bill amends the Liquor Control Reform Act 1998 ("the Act") to prohibit or restrict the sale of certain alcoholic products.
Content and Committee comment
[Clauses]
[2]. The provisions in the Bill commence on 21 December 2001.
[4]. Amends section 3 of the Act by inserting the definition of an "alcohol-based food essence".
[5]. Inserts a 4(iii) to expand the objects of the Act to include restricting the supply of certain alcoholic products other than liquor.
[7]. Inserts new Division 1A (new sections 118A and 118B) after Division 1 of Part 8 of the Act concerning restrictions on the supply of liquor and other alcoholic products.
New section 118A creates an offence where a person supplies by retail an alcohol-based food essence that, in the case of vanilla essence, is packaged in a container of more than 100 millilitres capacity and in any other case is packaged in a container of more than 50 millilitres capacity.
New section 118B allows regulations to be made prohibiting the supply of any class of liquor. The regulations may impose a penalty not exceeding 30 penalty units ($3,000) for a breach of the regulations.
The Committee notes the regulation making powers and accepts that they are appropriate to give effect to the purposes of the legislation. |
[10]. Amends sections 141(2) and 144 of the Act to provides for infringement notices to be served in respect of an offence under section 118A while paragraph (ib) provides for an infringement notice to be served in respect of an offence against a regulation made under section 118B.
Section 144 is amended so as to provide that the infringement penalty for an offence against a regulation is one-tenth of the maximum penalty fixed by the regulation.
The Committee makes no further comment.
Marine (Hire and Drive Vessels) Bill
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. P. Batchelor MLA
Portfolio responsibility: Minister for Ports, Hon. C. Board MLC
Purpose
The Bill amends the Marine Act 1988 ("the Act") to supplement amendments made to the Act by the Marine (Amendment) Act 2000 to improve recreational boating safety. The Bill extends the licensing regime established by that Act to the operators of hire and drive vessels that are able to attain a speed of 10 knots or more or that are personal watercraft. The Bill refers to these vessels as "regulated hire and drive vessels".
Content and Committee comment
[Clauses]
[2]. Sections 1, 2, 8 and 10 come into operation the day after Royal Assent. The remaining provisions commence on proclamation but not later than 1 April 2002.
[4]. Extends inspection powers in section 19 of the Act by inserting new offences relating to the production of documents that the operator of the vessel is required by the regulations to have in his or her possession and the inspection of documents required by the regulations to be displayed in or on the vessel.
[6]. Inserts new sections 115A and 115B into the Act making it an offence for a person to operate a specialised hire and drive vessel unless the person is the holder of a licence and operates the vessel under and in accordance with the licence as if the vessel was a recreational vessel and making it an offence for a person between 12 and 16 years of age to operate an engine-powered hire and drive vessel without a licence.
[9]. Inserts new sections 134A-134E into the Act.
Section 134A makes it an offence for a person to operate a specialised hire and drive vessel, or a hire and drive personal watercraft, in breach of any condition of the person’s licence that would apply if the vessel or watercraft was a recreational vessel.
Section 134B makes it an offence for an operator from overseas or interstate to fail to comply with the conditions of their overseas or interstate licence in operating a regulated hire and drive vessel in Victoria.
Section 134C makes it an offence for a person to operate a hire and drive vessel for recreational purposes while the relevant licence or authority is suspended or the person is disqualified from obtaining such a licence or authority, or during a period of cancellation due to incapacity.
Section 134D makes it an offence for a person who holds an operator licence to operate a regulated hire and drive vessel unless they have the licence in their possession.
Section 134E inserts new offences relating to the hiring out of certain hire and drive vessels to people who are not authorised to operate such vessels.
[10]. Inserts additional regulation making powers into Schedule 5 of the Act. The additional powers reflect the amendments made by the Bill.
The Committee makes no further comment.
Road Safety (Further Amendment) Bill
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. P. Batchelor MLA
Portfolio responsibility: Minister for Transport
Purpose
The Bill amends the Road Safety Act 1986 ("the Act") to –
- provide for a Register of Written-off Vehicles,
- make changes to the penalties for drink-driving offences,
- enable a breath sample to be furnished for analysis in any place or vehicle,
- define circumstances where a person is to be taken to be driving or in charge of a motor vehicle,
- provide for the seizure of number plates in certain circumstances and to make other miscellaneous amendments.
Content and Committee comment
[Clauses]
[2]. Clauses 1 to 3, 13(4), 27, 33 and 34 will come into operation on the day after Royal Assent. The remaining provisions come into force on proclamation but not later than 1 July 2002.
[6]. Inserts new sections 3AA and 3AB to clarify that certain classes of persons are to be taken to be "in charge" of a vehicle, namely, a person attempting to start or drive a vehicle, a commercial driving instructor, and a person accompanying a learner driver so as to enable that person to lawfully practise driving.
[9]. Inserts a new section 16(1A) to confer power on police officers and authorised enforcement staff of VicRoads to confiscate number plates that are displayed on the wrong vehicle.
[10]. Inserts a new Division 3 of Part 2 which deals with the proposed Register of Written-off Vehicles and related matters. The Register of Written-off Vehicles will form part of a national network of Registers maintained by vehicle registration authorities in each State and Territory. Regulations will be made that will make it compulsory for insurers and self-insurers to notify VicRoads of write-offs in circumstances where there is a high-risk of the vehicle’s identification number being used to "rebirth" stolen vehicles (see [29]).
New section 16C defines when a vehicle is to be taken to be written-off for the purposes of the new Division. A vehicle will be written-off if it has been damaged so badly that the insurer, self-insurer or uninsured registered operator determines the cost of repair as more than the vehicle is worth.
New section 16D will require VicRoads to inform a person who notifies a write-off that the information may subsequently be disclosed or used for investigation or law enforcement purposes.
New section 16F will prohibit the registration (for use on public roads) of any vehicle which has a vehicle identifier listed on the Register of Written-off Vehicles (or an inter-State equivalent) as a statutory write-off.
[11]. Amends section 22 to increase the age at which a motor cycle learner permit may be obtained from 17 years and 9 months to 18 years. Note: This will not affect learner permits that have already been issued at the time the amendment commences. See transitional arrangements in clause [28].
[12]. Inserts new sub-sections (2A) and (2B) into section 25. Under new section 25(2A), any drink-driver whose licence is not cancelled will incur 10 demerit points. See also clauses 12, 14 and 25.
Note:
Those whose blood alcohol concentration ("BAC") is just above the legal limit may or may not lose their licences, depending on whether they have good or bad driving records (as measured by the demerit points system). Those whose BAC is well above the legal limit (a BAC of .07 or above (.05 where the person is subject to a zero BAC condition) will lose their licences.
Further details on new mandatory licence loss and demerit points system provisions are set out in the Explanatory Memorandum to the Bill (clause 12).
[14]. Amends section 50(1AB)(b) to establish .07 as the common BAC level for licence cancellation purposes. See also transitional provisions [28] designed not to effect the outcome of cases where the offence was alleged to have occurred before the amendment takes effect.
[16]. Amends section 55(1) and (2) to confer power on police to require a motorist to go to a place where there is a breath analysing instrument and to furnish a breath sample.
Clause 16(2) will insert an example at the foot of both section 55(1) and (2), which will set out some examples of the kinds of places or vehicles where it is expected that motorists may be required to furnish breath samples.
[17]. Amends section 59 to extend the general duties of a driver to a person "in charge" of a vehicle, including to state name and address to a police officer, to produce a driver’s licence and the obligation to comply with reasonable directions of a police officer.
[18]. Amends sections 60, 60A, 66 and 85 to extend the concept of a vehicle "owner" to include a person who is responsible for the number plates displayed on a vehicle. Presently, "owner" refers to the person who is the registered operator or the last registered operator of a vehicle.
The provisions of sections 60 and 60A being amended require a vehicle owner to assist police to identify the driver of the vehicle on a particular occasion (such as a hit and run accident). The amendments to sections 66 and 85 extend "owner onus" provisions, which make a vehicle owner liable for parking and traffic camera offences unless and until the owner nominates the actual driver. By extending the concept of owner to the holder of the number plates displayed on the vehicle, the amendment is intended to prevent drivers evading detection and liability by displaying the wrong plates.
[19]. Inserts a new sub-section (2A) into section 66 to enable infringement notices to be counted for the purposes of Victorian, inter-State and Commonwealth schemes for suspending the registration of speeding heavy vehicles.
[25]. Amends section 89C(1) to establish .07 as the common BAC level for licence cancellation purposes.
[28]. Inserts a new section 103A setting out transitional provisions in relation to the application of the amendments after they commence.
[29]. Amends Schedule 2 to insert new regulation-making powers in relation to written-off vehicles. The regulations may deal with the keeping of the Register of Written-off Vehicles; requirements to affix labels or warnings on written-off vehicles. The clause also amends the Schedule to enable regulations to be made that may require speed limiters to be fitted to heavy vehicles, or to have those speed limiters checked.
The Committee notes the regulation making powers and accepts that they are appropriate to give effect to the purposes of the legislation. |
[32]. Amends sections 69, 72, 87 and 89 of the Melbourne City Link Act 1995 to reflect the amendments made to the Act concerning tolling enforcement provisions in respect of the liability of vehicle owners and related evidentiary matters. The person responsible for the number plates displayed on a vehicle will be regarded as the vehicle’s owner for the purposes of liability for tolls and tolling offences, subject to being able to avoid liability by establishing that the plates were stolen.
[33]. Substitutes section 9(1) of the Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 to impose a zero BAC condition on first-year motor cyclists even though they may already hold a full licence for a car. VicRoads has a discretion to shorten this period.
The Committee makes no further comment.
Second-Hand Dealers and Pawnbrokers (Amendment) Bill
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. A. Haermeyer MLA
Portfolio responsibility: Minister for Consumer Affairs, Hon. M. Thomson MLC
Purpose
The Bill amends the Second-Hand Dealers and Pawnbrokers Act 1989 ("the Act") to provide for –
- separate regulation of pawnbrokers by means of endorsement on their registration as second-hand dealers;
- improved enforcement by means of increased penalties, infringement notices and inspectors’ powers;
- the payment of residual equity in pawned goods that are subsequently sold by a pawnbroker;
- a prohibition on the pawning of motor cars;
- miscellaneous amendments to improve the administration of the Act.
Content and Committee comment
[Clauses]
[2]. Clauses 1, 2 and 43 of the Bill come into operation on the day after Royal Assent. The remaining provisions come into operation not later than 1 December 2002.
[7]. Inserts a new section 5(1A) which makes it an offence for a person to carry on the business of a pawnbroker unless they are registered as a second-hand dealer and their registration is endorsed to carry on business as a pawnbroker.
[10]. Inserts a new section 7A into the Act which sets out the procedure for a second-hand dealer to apply for an endorsement of the registration authorizing them to carry on business as a pawnbroker.
[13]. Inserts new sections 8B and 8C into the Principal Act.
Section 8B provides that the Business Licensing Authority may impose conditions before or upon registration as a second-hand dealer or endorsement as a pawnbroker or at any other time. It creates an offence for non-compliance with the conditions (100 penalty units).
[27]. Inserts new section 17 creating two offences. Firstly an offence for a second-hand dealer or pawnbroker not to display a current certificate of registration or a copy of it, in a prominent position at each place at which the person is carrying on business as a second-hand dealer or pawnbroker (60 penalty units). Secondly, it is an offence to display a certificate if the registration or endorsement is not in force (60 penalty units).
[28]. Inserts new Division 2 in Part 2 of the Act (new sections 18A to 18D) dealing with disciplinary action.
New Section 18A provides that the Chief Commissioner of Police may apply to the Victorian Civil and Administrative Tribunal (VCAT) to conduct an inquiry into the conduct of a registered second-hand dealer. It also provides that the Commissioner or the Director of Consumer and Business Affairs may apply to the VCAT to conduct an inquiry into the conduct of an endorsed pawnbroker.
New section 18B sets out a range of actions that the VCAT may take after conducting the inquiry if it is satisfied that there are grounds for doing so. The actions include suspending or cancelling the registration or endorsement of the person.
[30]. Inserts sub-sections (1A) and (1B) in section 23 of the Act to make it an offence for a pawnbroker to receive a motor car within the meaning of the Motor Car Traders Act 1986 as goods in pawn.
The clause also substitutes section 23(3) of the Act to provide that the pawnbroker who advances money on goods in pawn must give to the owner of the goods a written notice of the charge that will be imposed on the transaction, a pawn ticket containing prescribed particulars, and a notice in the prescribed form concerning the rights and responsibilities of the parties to the transaction. These requirements were previously located in the regulations.
[31]. Inserts new section 23A into the Act entitling a person who has pawned goods but not redeemed them to claim from the pawnbroker the value of any residual equity remaining after the pawnbroker has sold the pawned goods.
[36]. Inserts new Division 2 in Part 5 of the Act dealing with enforcement powers against pawnbrokers. The Division comprises new sections 26A to 26Z.
26C requires an endorsed pawnbroker to keep at each premises all documents relating to their business at those premises available for inspection. An endorsed pawnbroker who has had their endorsement suspended must make all documents relating to their business of a pawnbroker available for inspection by an inspector.
26D provides that an inspector may require an endorsed pawnbroker or a specified person to answer questions, supply information or produce documents relating to the endorsed pawnbroker’s business as a pawnbroker. It also defines a specified person.
26E provides that an inspector may require a person who has possession, custody or control of documents relating to an endorsed pawnbroker’s business as a pawnbroker to answer questions about that business or supply information or produce documents relating to that business.
26J provides that an inspector, with the consent of an occupier of a premises, may enter and search the premises and seize anything found on the premises reasonably believed to be connected with a contravention of the Act or the regulations in relation to pawnbrokers.
26K empowers an inspector to enter and search, without the occupier’s consent and without warrant, premises at which an endorsed pawnbroker is carrying on business at any time the premises are open for business or between the hours of 9 a.m. and 5 p.m.
26L an inspector may apply to a magistrate for a search warrant in relation to particular premises.
26M provides that an inspector executing a search warrant must announce that he or she is authorised by the warrant to enter and must give a person on the premises an opportunity for unforced entry, unless someone’s safety or the effective execution of the warrant is jeopardised.
26N provides that an inspector executing a search warrant must identify him or herself to the occupier or, in the occupier’s absence, to any other person present at the premises and give that person a copy of the search warrant.
26P empowers an inspector executing a search warrant to embargo any item that cannot readily be removed after its seizure and provides a penalty for anyone interfering with an embargoed item.
26T provides that an inspector may require an occupier or an agent or employee of the occupier of premises entered under Division 2 to provide information, documents or reasonable assistance to the inspector.
26U it is an offence for anyone to refuse or fail, without reasonable excuse, to comply with a requirement of an inspector.
26V provides that a person is not excused from answering questions or producing documents on the ground of self-incrimination, although if the person claims before answering a question that the answer may be self-incriminating, the answer cannot be used in criminal proceedings, other than in proceedings in respect of the falsity of the answer.
The Committee notes the limitation of the privilege against self-incrimination by new section 26V. The Committee draws Parliament’s attention to the provision. |
26X provides for sections 120 (inspectors to be permitted to enter premises open to the public and to purchase products), 135 (offence to hinder or obstruct inspector), 136 (offence to impersonate an inspector), 137 (inspectors to report exercise of powers of entry to Director), 138 (Director to keep register of such reports under section 137) and 139 (Director to investigate complaints of exercise of inspectors powers) of the Fair Trading Act 1999 to apply.
[37]. Inserts new Division 3 into Part 5 comprising new sections 26ZA to 26ZF enabling authorised officers to issue infringement notices to persons whom they have reason to believe have committed particular offences.
[39]. Inserts new sections 28A to 28D into Part 5.
28A the Business Licensing Authority (BLA) may require a registered second-hand dealer or an endorsed pawnbroker (or a person whose registration or endorsement is suspended) to answer questions or provide information relating to their business as a second-hand dealer or pawnbroker, being questions and information that the BLA reasonably requires to carry out its functions. It is an offence to refuse or fail to comply with such a requirement.
28B a person is not excused from answering a question or providing information under section 28A on the basis that it might tend to incriminate them, however if before answering, the person claims that their answer might tend to incriminate them, the answer is not admissible in evidence in a criminal proceeding, other than one in respect of the falsity of the answer.
The Committee notes the limitation of the privilege against self-incrimination by new section 28B. The Committee draws Parliament’s attention to the provision. |
[41]. Inserts new regulation-making powers into section 31 to enable the prescription of offences under the Act or regulations in respect of which an infringement notice may be issued, and the penalties to apply to them. Infringement penalties must not exceed one-tenth of the maximum statutory penalty. A power to prescribe costs that are not reasonable costs of sale of pawned goods is also inserted.
The Committee notes the regulation making powers and accepts that they are appropriate to give effect to the purposes of the legislation. |
The Committee makes no further comment.
Sentencing (Emergency Service Costs) Bill
Introduced: 7 November 2001
Second Reading Speech: 8 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. R. Hulls MLA
Portfolio responsibility: Attorney-General
Purpose
The Bill amends the Sentencing Act 1991 ("the Act") to provide for the recovery of costs incurred by emergency services in circumstances involving offences related to contamination of goods and bomb hoaxes.
Content and Committee comment
[Clauses]
[2]. The provisions in the Bill commence on the day after Royal Assent.
[4]. Inserts new Division 2B into Part 4 (new sections 87C to 87N) establishing cost recovery orders.
New section 87D establishes the cost recovery order. Where a person has been convicted or found guilty of an offence relating to the contamination of goods or a bomb hoax offence under the Crimes Act 1958; the court may make a cost recovery order.
New section 87G provides for an offender to appear before the court on an application for a cost recovery order. The offender can appear in person, can be represented by a lawyer or, with leave of the court, by any other person.
New section 87J allows the court to take into account the offender’s financial situation. The court has a discretion not to order that the full amount of the costs incurred be paid by the offender. If the offender cannot pay all of the amount of such a cost recovery order, the priority is first the compensation order for a victim of crime, then the cost recovery order and lastly the fine.
New section 87N provides that a cost recovery order is to be treated as a judgment debt. This means that the courts existing power to make a garnishee order or an attachment of earnings order will be available.
[5]. A cost recovery order is available in cases where a person commits a relevant offence on or after the commencement of the Bill.
[6]. Amends section 53(6A) of the Summary Offences Act 1966 by replacing ‘police’ with any ‘emergency service worker’ as defined in this Bill. This is to make it clear that the money spent by the State on agencies other than police who may become involved in the response to a false report can be taken into account under this section. The amendment only applies to offences alleged to have been committed on or after the commencement of the Bill.
The Committee makes no further comment.
Victorian Institute of Teaching Bill
Introduced: 31 October 2001
Second Reading Speech: 1 November 2001
House: Legislative Assembly
Minister introducing Bill: Hon. M. Delahunty MLA
Portfolio responsibility: Minister for Education
Purpose
The Bill regulates the teaching profession by providing for the registration of teachers in schools in Victoria, regulating the conduct of those teachers, providing a procedure for handling complaints about teachers and establishing the Victorian Institute of Teaching ("the Institute").
Content and Committee comment
[Clauses]
[2]. The Act commences on proclamation but not later than 1 February 2003.
[4 to 8]. Establishes the Victorian Institute of Teaching as a body corporate and sets out its functions, powers and membership.
The Committee notes the comments in the Second Reading Speech –
To this end the functions of the Institute will include the following –
- Recommending for approval of the Minister, qualifications criteria and standards for the registration of teachers in schools in Victoria.
- Developing, establishing and maintaining standards of professional practice for entry into the teaching profession and for continuing membership of the profession.
- Approving teacher education courses for entry to the profession.
- Granting registration or permission to teach to persons seeking to teach in Victorian schools.
- Maintaining a publicly available register of teachers who are registered.
- Investigating the serious misconduct, incompetence or continued fitness to teach of registered teachers and impose sanctions where appropriate.
- Developing and maintaining a professional learning framework to support and promote the continuing education and professional development of teachers,
- Undertaking and promoting research about teaching and learning practices.
- Providing advice on the professional development needs of teachers.
As the new single registration authority for all primary and secondary government and non-government school teachers, it will act to reassure the Victorian community that teachers in our government and non-government schools are qualified, competent, fit to teach and of good character.
The institute will replace the Standards Council of the Teaching Profession and have transferred to it the functions associated with the registration of non-government school teachers currently undertaken by the Registered Schools Board. The Board will continue to be responsible for the registration of non-government schools and endorsement of non-government schools to accept overseas students.
[9]. An application for registration must be made to the Institute and must include details of any indictable or sexual offence for which the applicant has been convicted or found guilty of or been committed for trial. The Institute may also require an applicant to undergo a criminal records check, submit to any tests or provide references to determine the suitability or the fitness of the person to teach, submit to any medical or psychiatric examination considered necessary and provide any reports or results of the examination.
[10 and 11]. Deals with the qualifications, criteria and standards for registration. Grounds for refusal to register include where a person has been convicted or found guilty of an indictable or sexual offence in Victoria or elsewhere and where the character of the applicant makes them unsuitable to be allowed to teach.
[25]. Provides that a registered teacher ceases to be registered if the person is in Victoria or elsewhere convicted or found guilty of a sexual offence. (‘Sexual offence’ is defined in section 3 and covers sexual offences against children). Upon the conviction or the finding of guilt, the person is automatically disqualified from teaching in a school. Where such a conviction or finding is quashed on appeal the disqualification ceases to apply.
NB. The section applies to teachers in non government schools as from 21 April 1998 (being the date identical provisions under the Education Act 1958 applied to teachers in non Government schools) and for other teachers as from the commencement of this section.
[27]. The employer of a registered teacher must notify the Institute where it has taken any action against a registered teacher in response to allegations relating to serious incompetence, serious misconduct or the fitness to teach of a registered teacher.
[28]. The Institute must conduct an inquiry into the registered teacher’s fitness to teach where the Institute is informed that the registered teacher has been convicted or found guilty of an indictable offence other than a sexual offence. Cancellation may occur without inquiry in the case of sexual offences.
[30]. Provides after a preliminary investigation that the investigator may recommend that the investigation should not proceed further or that it should proceed to a hearing and the Institute must determine whether to act on the recommendation made.
[31]. Allows the Institute on its own motion to conduct a formal or informal hearing into a registered teacher’s competence, conduct or fitness to teach without conducting a preliminary investigation.
[35]. Sets out how an informal hearing should be conducted. The teacher who is the subject of the hearing is entitled to be present and to make submissions but is not entitled to be represented and the hearing must not be open to the public.
[41]. Sets out how a formal hearing should be conducted. The teacher is entitled to be present and to make submissions and be represented. The complainant’s identity is not to be published or broadcast. The proceedings are generally open to the public except where the panel determines otherwise.
[43]. Allows inquiries by the Institute to be conducted or to continue to be conducted into the conduct or activities of a registered teacher even where the person has ceased to be a registered teacher.
[44]. Sets out the procedure to be used at a formal hearing or informal hearing. The Professional Practice and Conduct Committee and a panel is not bound by the rules of evidence but is bound by the rules of natural justice.
[48]. Provides that notification of the imposition of a condition, limitation or restriction, suspension or cancellation of the registration of a teacher must be published in the Government Gazette and be given to the authorities listed in the clause. Notice of various matters must also be given to the complainant.
[49]. Prohibits the publication or broadcast of any report of a formal hearing that identifies a complainant, a witness (where the panel has prohibited the publication or broadcasting of the witness’ identity) or the identity of the registered teacher prior to the end of the hearing, unless the persons has consented.
[52]. A person may apply to the Victorian Civil and Administrative Tribunal for review of a determination refusing the person’s application for registration or renewal of registration or a disciplinary proceedings determination canceling or suspending the person’s registration or a determination imposing conditions, limitations or restrictions on a person’s registration.
[53 to 57]. Create a number of offences. Where a person undertakes the duties of a teacher when not registered or without permission to teach under the Act and where a person or body employs a person where that person is not registered or lacks permission to teach. It is also an offence for a registered teacher not to provide certain information relating to convictions or pending proceedings.
[54]. A registered teacher must notify the Institute within 30 days of information about certain criminal offences concerning the teacher. [55]. Creates the offences of false representation as a registered teacher and obtaining registration by fraud or by false representation.
[70]. The Institute may establish a committee or any other body to exercise any of the powers of the Institute that are delegated to the members of the body or committee under the Act. The Institute may appoint members (one of who must be a member of the Council, see [74]) to the committee or body.
[71]. The Council may delegate powers to the categories of persons listed in the clause including to any person appointed to a committee. The Council may not delegate the power to refuse to grant registration, or endorsement of registration or to refuse to renew registration, or the power to impose or to amend, vary or revoke conditions, limitations or restrictions on registration or endorsement of registration, or the power to delegate.
The Committee notes the delegation power and considers the delegation is sufficiently defined for the purposes of the Act. |
[74]. Provides for the membership of committees and bodies established under [70].
[80]. A member of the Council or person responsible for keeping the register is not personally liable for anything done or omitted to be done in good faith under the Act. Where any liability would attach for the act or omission it attaches to the Institute.
[83]. Authorises regulations to be made by the Governor in Council with respect to the conduct of elections, including provisions for voting, the method of voting and the counting of votes and any other matter or thing required or permitted to be prescribed under the Act.
The Committee notes the regulation making powers and accepts that they are appropriate to give effect to the purposes of the legislation. |
[84]. Authorises the Institute to establish a College for promoting particular domains of practice within the teaching profession and to appoint a governing board of the College.
[87]. Substitutes a new section 49 in the Education Act 1958 providing for the register under that Act to relate only to registered schools and not to registered teachers. The new register under clause 22 will now provide for all registered teachers.
[91]. Teachers who are registered or have permission to teach under section 37 of the Education Act 1958, immediately before the commencement of this Act, are deemed to be registered under [11]. Casual relief teachers employed in a State school within a period of 2 years before the commencement of this clause are deemed to be registered under [11].
The Committee makes no further comment.
Introduced 7 November 2001
Second Reading Speech 8 November 2001
House Legislative Assembly
Minister introducing Bill Hon. S. Garbutt MLA
Portfolio responsibility Minister for Environment and Conservation
Purpose
The Bill amends the Wildlife Act 1975 to –
- make it compulsory to hold a permit to conduct whale swim tours; and
- enable whale swim tour permits to be regulated within an ecologically sustainable threshold and be allocated by tender; and
- include a more appropriate offence for approaching whales (including dolphins) at a distance which is closer than the prescribed minimum distance; and
Content and Committee comment
[Clauses]
[2]. The provisions commence on proclamation but not later than 1 February 2003.
[18]. Inserts new Division 2 of Part X of the Act consisting of new sections 83 and 83A to 83N.
New section 83 makes it an offence to approach a whale at distance that is less than the prescribed minimum distance.
New section 83A provides the Secretary with the power to grant a permit which allows the person to cause a vessel named in the permit to approach whales at a distance which is less than the prescribed minimum distance for the purpose of conducting whale sightseeing tours.
New section 83B makes it an offence to conduct, for profit, an activity involving persons being in the water to observe or swim with whales. It prescribes a penalty of 100 penalty units or 6 months imprisonment or both the fine and the imprisonment for this offence.
New section 83C allows the Secretary to grant a permit to authorise an activity for profit that involves persons being in the water to observe or swim with whales from the boat named in the permit. This provides for whale swim tour permits to be issued.
New section 83I makes it an offence for the holder of a whale sightseeing or swim tour permit to fail to comply with the conditions of the permit. It prescribes a penalty of 100 penalty units or 6 months imprisonment or both the fine and the imprisonment for this offence.
New section 83J provides an authorised officer with the power to direct a person to immediately cease any activity being carried out under a whale sightseeing or swim tour permit if the officer reasonably believes that the activity is detrimental to the welfare of any whale.
New section 83J creates an offence to fail to comply with a direction given by an authorised officer and prescribes a penalty of 50 penalty units.
The Committee makes no further comment.