Alert Digest
No. 5 of 2001 Agriculture Legislation (Amendment) Bill Introduced : 2 May 2001 Purpose The Bill amends the Meat Industry Act 1993 (the Act) to implement recommendations arising from an independent review of the Act undertaken in accordance with obligations under national competition policy.The Bill repeals the Margarine (Repeal) Act 1994 the Quarantine Officers (Transfer) Act 1990 and the Tobacco Leaf Industry (Deregulation) Act 1994. Content and Committee comment [Clauses] [2]. The provisions in the Bill (except clause 6) come into operation on the day after Royal Assent. Clause 6 comes into operation on proclamation but not later than by 1 December 2002. [5]. Amends section 24(1) of the Act to add the following decisions of the Victorian Meat Authority to the list of decisions which can be reviewed by the Victorian Civil and Administrative Tribunal. [6]. Repeals section 35(6) of the Act prohibiting the slaughter or sale for human consumption of meat from a horse or donkey. The Committee notes the following comments from the Second Reading Speech –
[8]. Repeals the Margarine (Repeal) Act 1994 which repealed the Margarine Act 1975. The Act to be repealed provides for the refund of licence fees in relation to licences held under the Margarine Act 1975. Refunding of licence fees was finalised at the time of the repeal and the Act to be repealed is now spent. The repeal of the 1994 Act does not revive the 1975 Act. (Interpretation of Legislation Act 1984, s.15 ). [9]. Repeals the now redundant Quarantine Officers (Transfer) Act 1990. The Act has accomplished its original purpose and has no further use. [10]. Repeals the Tobacco Leaf Industry (Deregulation) Act 1994. The Act provided for the transfer of the property, rights and liabilities of the Tobacco Leaf Marketing Board to the Tobacco Co-operative of Victoria Limited on 30 September 1994. That has occurred and the Act no longer has any utility and is now redundant legislation. The Committee makes no further comment. Building (Single Dwellings) Bill Introduced: 2 May 2001 Purpose The Bill amends the Building Act 1993 (the Act) in relation to the siting and design of dwellings. Content and Committee comment [Clauses] [2]. The provisions in the Bill come into operation on the day after Royal Assent. [3]. Inserts a new section 188A into the Act to enable the Minister to issue guidelines relating to the design and siting of single dwellings. Matters that can be dealt with in the guidelines include, neighbourhood character, overshadowing, privacy and overlooking, height and setback of buildings, preservation of trees and architectural or heritage features, car parking, permeability of surfaces, energy efficiency, fences and boundary walls. Provision is made for the scope of the definition of ‘single dwelling’ to be determined by the regulations by specifying the relevant class of building or buildings. Regulation Powers [5]. Inserts 2 additional general regulation-making powers into section 261 of the Act –
[6]. Inserts additional regulation-making powers into Part 1 of Schedule 1 of the Act relevant to the design and siting of buildings. This will enable regulations dealing with design and siting of buildings to include the matters as provided for in the provision.
[7]. Inserts into Schedule 2 of the Act a new clause 4A to provide that where a reporting authority is required to provide a report and consent, it must –
The Committee makes no further comment. Community Visitors Legislation (Miscellaneous Amendments) Bill Introduced: 2 May 2001 Purpose The Bill amends the Disability Services (Amendment) Act 2000, the Guardianship and Administration Act 1986, the Health Services Act 1988, the Intellectually Disabled Persons' Services Act 1986 and the Mental Health Act 1986.
Content and Committee comment [Clauses] [2]. The provisions in the Bill come into operation on proclamation
but not later than [4]. Amends section 6 of the Disability Services (Amendment) Act 2000 to insert a secrecy provision as new section 12 of the Disability Services Act 1991 to provide that a person who is or has been, at any time, a community visitor must not, either directly or indirectly make a record of; or divulge or communicate to any person; or make use of any information, that is or was acquired by the person because the person is or was appointed as a community visitor, for any purpose, except to the extent necessary for the person to perform any official duties; or to perform or exercise any function or power under this Act. Penalty: 50 penalty units. Powers of Inspection [5]. Inserts a new section 18A in the Guardianship and Administration Act 1986 which provides that the Public Advocate has powers of entry and inspection in relation to institutions within the meaning of the Disability Services Act 1991, the Health Services Act 1988, the Intellectually Disabled Persons' Services Act 1986 and the Mental Health Act 1986. These powers will mirror the powers already possessed by community visitors.
However (1)(d) above does not authorise the Public Advocate to inspect a person's medical records unless the person consents. Persons in charge and the members of staff or management of an institution must provide the Public Advocate with any reasonable assistance that the Public Advocate requires to perform or exercise any power, duty or function under this section effectively. Persons in charge or a member of the staff or management of an institution must not unreasonably refuse or neglect to give assistance when required to do so, or refuse or fail to give full and true answers to the best of that person's knowledge to any questions asked by the Public Advocate in the performance or exercise of any power, duty or function. A person must not assault, obstruct or threaten the Public Advocate in the performance or exercise of any power, duty or function under this section. [6]. Removes the requirement in section 124(3) of the Health Services Act 1988 for community visitors to reside in the same region of their appointment. The removal of this requirement is also made by [10] and [15] in the Intellectually Disabled Persons' Services Act 1986 and the Mental Health Act 1986 respectively. The Committee makes no further comment. Corrections (Custody) Bill Introduced: 2 May 2001 Purpose The Bill amends the Corrections Act 1986 to –
Content and Committee comment [2]. The provisions in the Bill come into operation on proclamation but not later than 1 March 2002. [4]. Repeals section 4 of the Act which identified those individuals deemed to be in the custody of the Secretary of the Department of Justice’s (the Secretary). The concept of ‘custody’ is clarified by the Bill and dealt with in [5]. [5]. Inserts a new part, Part 1A into the Act concerning legal custody and comprises new sections 6 and 6A to 6F. The provisions define an ‘order of imprisonment’ for the purposes of the Act, define when a person is in the legal custody of the Secretary and when such custody ceases, defines when a person is in the custody of the Chief Commissioner of Police and when such custody ceases. [13]. Inserts ‘escort officers’ in section 12(1) to the list of individuals whom the Secretary may employ for the purposes of the Act. [15]. Inserts a new Division into the Act, Division 1A of Part 8, concerning escort officers. 55A. Empowers the Secretary to direct an escort officer to transport or supervise a person. 55B. Provides that where a person surrenders himself or herself into the custody of the Court in answer to his or her bail, the Court may direct the escort officer to supervise that person. 55C. Sets out the functions and powers of an escort officer in relation to the person that he or she is supervising or transporting this includes the power of search and seizure and the use of instruments of restraint and 55D limits the application of instruments of restraint and the manner of their use to those that have been authorised by the Secretary. 55E. Empowers an escort officer to use reasonable force where necessary to compel a prisoner to obey an order by the escort officer in the exercise of a function or power. Where only reasonable force is used the escort officer will not be personally liable. See section 85 Constitution Act 1975 statement .
55G. Where an escort officer is directed to supervise a person in Court who has surrendered themselves in answer to their bail, or have been ordered by the Court to be detained on Court premises, the escort officer has the functions and powers that they would have in transporting the prisoner. In such case the escort officer is not required to form an independent belief on reasonable grounds before exercising the power. 55H. Identifies how items that are seized during transport or supervision are to be dealt with. 55I. A member of the police force, may at the request of the Secretary transport a person, either in place of, or in conjunction with, the escort officer. For this purpose, the member of the police force can do anything that the escort officer may do. Where the police officer transports the person in place of the escort officer, the person will be in the legal custody of the Chief Commissioner of Police. Where the police officer assists an escort officer, the person is deemed to be in the legal custody of the Secretary while being transported. 55J. The escort officer has the power to execute a warrant to imprison as if he or she was a prison officer. Currently these warrants can be directed to, and executed by, prison officers. [16]. Substitutes a new Division 2 of Part 8 comprising sections 56, 56AA and 56AB concerning the transfer of prisoners. It streamlines transfer powers of the Secretary, and expresses them for the avoidance of doubt, for example the transfer of a prisoner from a part of a prison to another part of that prison, from one prison to another or from a police gaols to a prison. [19]. Inserts a new section 108 into the Act to ensure that where a prisoner has escaped from custody he or she may be arrested and delivered to a prison or police gaol as soon as possible without the requirement that the person be taken to Court. Report to the Parliament pursuant section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968 concerning a repeal alteration or variation of section 85 of the Constitution Act 1975. [20]. Inserts new sections 111A(3) and (4) into the Act and declare that it is the intention of sections 9CB (amended by [11]) and 55E (inserted by [15]) to alter or vary section 85 of the Constitution Act 1975. These provisions have the effect of limiting the jurisdiction of the Supreme Court. New section 55E
New section 9CB
Regulation Powers [21]. Inserts ‘or escort officer’ into section 112(1)(k) which is the regulation making power dealing with the issue, use, carrying and storage of firearms. Powers and functions previously exercised by prison officers during transport will now be available to those exercising the functions and powers of escort officers. The Committee accepts that the regulation making powers are appropriate to give effect to the purposes of the Act. Delegation Powers [24]. Extends the Secretary's power to delegate his or her powers under regulations made under any other Act. This is to overcome a previous omission in the current provision, which only permits delegation of the Secretary's powers under regulations made under the Corrections Act 1986.
[25]. Provides the Commissioner of Corrections Services (the Commissioner) with an automatic right of access to prisons consistent with the responsibilities of the Commissioner under the Act. [28]. Inserts a new definition in section 30(1) to clarify the notion of confidential information under the Act. The clause also inserts a definition for ‘information relating to the personal affairs of a prisoner’, so that the reforms introduced by the Freedom of Information Act 1972 are specifically adopted, namely that a prisoner's personal affairs will include information that identifies any person or discloses their address or location; or from which any person's identity, address or location can reasonably be determined. [29]. Inserts a new section 30A and provides a further exception to the secrecy provisions in section 30 of the Act. This provision will enable the Secretary to provide primary victims (defined in the same terms as section 7 of the Victims of Crime Assistance Act 1996) to obtain the information specified about the person who is serving a sentence of imprisonment for an offence committed against them. The section provides –
The Committee notes the following comments from the Second Reading Speech –
[30]. Substitutes a new section 42(1) providing that a prison officer may require visitors to a gaol to provide certain identifying information including any relationship to the prisoner. [32]. Substitutes a new section 47(1)(j) to add the Health Services Commissioner and the Human Rights Commissioner to the categories of individuals to whom prisoners have the right to make complaints concerning prison management. The clause further substitutes a new section 47(1)(m) extending the categories of individuals to and from whom letters may be sent and received without being opened by prison staff, subject to the right to open such letters where they pose an immediate danger to any person. [33]. Inserts new sections 47A-47D in the Act to prescribe a comprehensive legislative scheme for dealing with prisoner’s mail. There are 4 categories into which mail may be placed, each of which has different requirements as to confidentiality. 47A. All letters containing unauthorised articles or substances that could pose an immediate danger to any person may be disposed of by the Governor as he or she thinks appropriate. 47B. Correspondence to or from the Health Services Commissioner, Human Rights and Equal Opportunity Commissioner or a legal practitioner which is suspected of containing an unauthorised article or substance, may be dealt with as follows –
The Governor may require a prisoner to open correspondence to or from the Minister, a Member of Parliament, the Secretary, the Commissioner or an official visitor for inspection. If the prisoner refuses to open the letter, then the Governor may open it. The Governor cannot read or censor these letters. 47C. All other letters may be opened and read for the purpose of determining whether they are a threat to the security of the prison, the safe custody and welfare of a prisoner or prisoners, or to the safety of the community. 47D. Provides that threatening or harassing letters may be censored.
The Committee notes the following comments from the Second Reading Speech –
[38 to 45]. Make various amendments to a number of Acts to accord with the provisions of the new Part 1A (new sections 6 and 6A to 6F). The Committee makes no further comment. Corrections and Sentencing Acts (Home Detention) Bill Introduced: 2 May 2001 Purpose The Bill amends the Sentencing Act 1991 (the Act) to –
The Bill also amends the Corrections Act 1986 to –
Content and Committee comment [Clauses] [2]. Provides the commencement provisions of the Bill –
Amendments to the Sentencing Act 1991 [3]. Defines ‘home detention order’ (HDO) as an order made under section 18X that a sentence of imprisonment be served by way of home detention. [4]. Time held in custody pending assessment and determination of suitability for a HDO is to be reckoned as time served under the sentence. [5]. Inserts a new Subdivision (1C) inserted in Division 2 of Part 3 of the Act consisting of new section 18X, 18Y, 18Z and 18ZA to 18ZV. 18X. –A court that has sentenced a person to imprisonment for 12 months or less it may make a HDO. An HDO cannot be made where other sentencing options are in place such as a combined custody and treatment order; a hospital security order; an intensive correction order or, a suspended sentence. 18Y. – An HDO is not to be made if other residents in the household object. A court must be satisfied that all persons of or over the age of 18 years who will be residing with the offender have been consulted by the Secretary to the Department of Justice or a person authorised by that Secretary. A court must not make a HDO unless satisfied that the wishes and feelings of any person under the age of 18 years who will be residing with the offender under a home detention order have been ascertained; and due consideration has been given to them, having regard to the age and understanding of the person. The court may dispense with the consent of a person over the age of 18 if satisfied that the person lacks the capacity to give that consent. If the court dispenses with the consent of a person, the court must not make the order unless the court is satisfied that, the wishes and feelings of the person have been ascertained; and due consideration has been given to them, having regard to the understanding of the person.
18Z – An HDO cannot be made where a person has been found guilty at any time of any of the following –
18ZA. – Sets out the test for suitability of an offender to be considered for an HDO. 18ZC. – Deals with the assessment for a HDO. The offender may inform the court that he or she does not wish to consent to the making of a home detention order. 18ZD. – Before a HDO may be made the offender must give the an undertakings to comply with certain obligations and to agree and submit to any monitoring or testing required (also 18ZE(i)) or directed under the HDO to ensure compliance with those obligations.
18ZE and 18ZF. Sets out the obligations and core conditions governing a HDO. The offender must –
18ZG. – Allows a court to attach special conditions to a HDO as may be appropriate. 18ZH. – A HDO does not affect an offender’s eligibility for benefits such as a pension. 18ZI. – A person residing with an offender who has given a consent under section 18Y may at any time by notice in writing withdraw that consent. 18ZJ. – If there is no longer any approved residence at which an offender can reside under a HDO, the Secretary to the Department of Justice may apply to the Adult Parole Board for the revocation of the HDO. 18ZL. – Deals with sanctions for minor breaches of a HDO. 18ZM. – Deals with serious breaches of a HDO and defines ‘serious breach’ to include the commission of another offence or an offence compromising the safety and security of the community or a person residing with the offender. 18ZP. – Deals with the effect of a revocation of a HDO. The offender must be taken to prison to serve a period of imprisonment that is equal to the period from the effective date of revocation of the home detention order to the date of expiry of the term of imprisonment imposed by the court. 18ZQ. Provides for a re-hearing of revocation of a HDO if it was made in absence of the offender. The Adult Parole Board (the Board) may determine not to make a document or part of a document considered by the Board available to the offender if a judicial member of the Board considers that to make the document or part available could endanger any person or inappropriately reveal the identity of any person. 18ZR. – Deals with the reconsideration of revocation of a HDO. The offender may apply to the Board to rescind the revocation of the home detention order on the ground that an approved residence at which the offender can reside has become available. [6]. Inserts a new Division 2B inserted in Part 6 of the Act dealing with Home Detention Assessment Reports. The new Division 2B consists of new sections 99F to 99J. 99F. If a court orders a home detention assessment report, the Secretary to the Department of Justice must prepare the report to assess the suitability of the offender for a HDO. 99G. Deals with the mandatory content of a HDO assessment report including matters relating to the other residents of the household where the offender must reside under a HDO. 99H. Deals with the distribution of a HDO assessment report including a copy to be made available to the offender and the legal practitioners representing the offender. 99J. Sets out offences for unauthorised disclosure of information relating to the making of a HDO. Regulation Powers [7]. Provides a regulation making power for any matter relating to home detentions. A new section 116(1)(a) is inserted into the Act –
[8]. Inserts a new section 124 transitional provision to provide that the HDO sentencing option may apply to sentencing from the commencement of the amendments even where the offence was committed prior to the commencement date. However a sentence imposed on appeal is taken to be a sentence imposed at the time the original sentence was imposed. [9]. Repeals the HDO sentencing provisions on their third anniversary. [10]. HDO in force at the time of repeal are deemed to continue notwithstanding the repeal. Amendments to the Corrections Act 1986 (the Act) [12]. Inserts a new section 4(2)(ac) of the Act to provide that a person who is serving a sentence of imprisonment by way of home detention is deemed to be in the custody of the Secretary. [13]. Inserts a new Division 4 into Part 8 of the Act concerning Home Detention Orders. The new Division consists of new sections 59, 60 and 60A to 60X. Essentially the new sections are similar in nature to the provisions inserted into the Sentencing Act 1991 by [5] above. 59. Provides that at the request of a prisoner, the Adult Parole Board (the Board) may make a home detention order in respect of the prisoner if it satisfied that on the date the order takes effect the prisoner will have served at least two-thirds of the minimum term of imprisonment; and the prisoner will be eligible for parole or for release in 6 months or less; and the prisoner is being held under minimum security conditions. 60. An order must not be made if other residents object (see [5] above). 60A. A HDO is not available for certain offences. These are identical to those referred to in [5] above. 60B. The Board may only make a HDO if the Board is satisfied, amongst other things, that it is appropriate in all of the circumstances that a home detention order be made in respect of the prisoner, the prisoner has consented to the order and has made the written undertakings required. 60D. The Board must request the Secretary to prepare a home detention assessment report in respect of a prisoner. 60E. Sets out the contents of a HDO assessment report. 60F. Provides an unauthorised disclosure of information penalty. 60G. Provides that the Board in determining whether to make vary or revoke a home detention order, may direct the Secretary to arrange for the examination of the prisoner by a registered medical practitioner, a psychiatrist or a psychologist; and require the registered medical practitioner, psychiatrist or psychologist to give a report to the Board. 60H. Provides that before a home detention order may be made in respect of a prisoner, the prisoner must give an undertaking. 60I, 60J and 60K. Set out the obligations of an offender, the core conditions and the special conditions of a HDO (see [5] above). 60L. A person residing with an offender who has given a consent under section 60 may at any time by notice in writing withdraw that consent. 60M. If there is no longer any approved residence at which an offender can reside under a home detention order, the Secretary may apply to the Board for the revocation of the home detention order. The Secretary must notify the offender of an application under this section. An offender who is serving a sentence of imprisonment by way of home detention may apply to the Board for the revocation of the home detention order. The Secretary and the offender concerned may make written submissions to the Board in respect of an application under this section and the Board may, in its discretion, give an offender an opportunity to appear before the Board to be heard in relation to an application. 60N, 60O and 60P Deal with breaches of a HDO, sanctions for minor breaches and serious breaches of a HDO in terms identical to those in [5] above. 60Q. The Board may require an offender to appear before it if an application is made under section 60P for the revocation or variation of a HDO. 60S. Deals with the effect of the revocation of a HDO. The offender must serve the remaining sentence of imprisonment that is equal to the period from the effective date of revocation of the home detention order to the date of expiry of the term of imprisonment imposed by the court. 60T. Deals with the re-hearing of a revocation order made in absence of an offender. 60U. If the Board revokes a home detention order under section 60M, the offender may apply to the Board to rescind the revocation of the home detention order on the ground that an approved residence at which the offender can reside has become available. 60V. If a court imposes a sentence for another offence on an offender to whom a HDO relates, the court may revoke the home detention order. [14] Inserts into section 69 of the Act additional functions of the Adult Parole Board consequent to the new provisions relating to HDO. [15]. Amends section 70 of the Act to require employees of the Department of Justice involved in the administration of that Act to assist the Adult Parole Board in supervising persons serving a sentence of imprisonment by way of a HDO. Regulation Powers [18]. Provides a regulation making power for any matter relating to home detention by inserting the words ‘home detention orders’ in section 112(1)(n).
[19]. Provides for the repeal of the amendments made to the Act by this Bill. The repeal will occur on the third anniversary of the commencement of the amendments (see [2]). The amendments made to the Corrections Act by the Bill are intended to be operative for a three year pilot period only. [20]. A HDO that is in operation at the time of the repeal will continue to have force despite the repeal. [21]. Amends the amendments to be made by the proposed Corrections (Custody) Bill (also currently before the Parliament) to make provision for home detention orders (see [2] above). The Committee makes no further comment. Gas Industry Bill Introduced: 2 May 2001 Purpose The Bill –
The Gas Industry Act 1994 will be renamed by clause 3 of the Gas Industry Legislation (Miscellaneous Amendments) Bill as the Gas Industry (Residual Provisions) Act 1994. Content and Committee comment [Clauses] [2]. Sections 1 and 2 come into operation on Royal Assent. The remaining provisions (except section 69) come into operation on 1 September 2001. Section 69 comes into operation on a day to be proclaimed but not later than 1 July 2002. [4]. The Act binds the Crown. [5]. Gives the Act extraterritorial operation. [6]. The Act is to be read and construed as one with the Gas Industry (Residual Provisions) Act 1994, which is the Gas Industry Act 1994 as renamed by the Gas Industry Legislation (Miscellaneous Amendments) Bill (currently before the Parliament). [15]. Defines ‘a substantial degree of power’ in a market. It is in the same terms as section 5C of the Gas Industry Act 1994. [17]. The Bill is declared to be relevant legislation and the gas industry is a regulated industry for the purposes of the Office of the Regulator-General Act 1994. [18]. Sets out the objectives of the Office of the Regulator-General under the proposed Act including the role of safeguarding against the misuse of monopoly power. Part 3 [20 to 51]. The Office of the Regulator-General has powers in relation to price regulation and the Governor in Council may make orders in relation to tariffs. Further provisions provide for licences and their terms and conditions, and terms and conditions of sale and supply of gas. Additionally, this Part provides for community services agreements between licensees and the State. [49]. A licence condition may require a licensee to have a community service agreement with the State. Part 4 [52 to 69]. Provides for the Market and System Operations Rules. [54]. Provides that a person must not bring civil proceedings in respect of Division 1 of Part 4 other than as is provided for in the Division. The section is in the same terms as section 48O of the Gas Industry Act 1994. See also section 85 of the Constitution Act 1975 statement below. [57]. Provides for injunctions in respect of conduct which constitutes or may constitute a contravention of the Market System and Operation Rules. Part 5 [70 to 113]. Deals with significant producers and in respect to market participation defines conduct, subsidiaries, holding companies, related corporate bodies and joint ventures for the purposes of the anti-competitive conduct provisions of the Bill. [78-79]. Defines and prohibits anti-competitive conduct. [84]. Restricts the bringing of legal proceedings in relation to a decision to issue a competition notice. It is in the same terms as section 45A of the Gas Industry Act 1994. See also section 85 of the Constitution Act 1975 statement below. [106]. For a contravention of the competition rule the Supreme Court may grant an injunction. [107]. Allows actions for damages where there has been a contravention of the competition rule and [108] provides for the granting of declaratory relief by the Supreme Court where the competition rule has been contravened. [113]. Provides that no proceedings may be brought in respect of a decision or determination of the Office of the Regulator-General or an appeal tribunal under Part 5, except as provided in Part 5 itself. This is in the same terms as section 45Z of the Gas Industry Act 1994. See also section 85 of the Constitution Act 1975 statement below. Part 6 [114 to 139]. Relate to cross ownership restrictions. Certain provisions reflect amendments made to the Corporations Law. Amongst other matters the provisions provide for the method for determining when a person has a controlling or substantial interest in a corporation. [128]. It is unlawful for a person to hold a prohibited interest and sets out what constitutes a prohibited interest for this purpose. [132]. The Office of the Regulator-General may require the disposal of prohibited interests. Part 7 [140 to 157]. Deals with gas company property and works. Compulsory acquisition of land [142]. Authorises the Minister to compulsorily acquire land required by a gas transmission company or gas distribution company, subject to the Land Acquisition and Compensation Act 1986. It is in essentially the same terms as section 51 of the Gas Industry Act 1994. [143]. Provides a power for a gas transmission company or gas distribution company to compulsorily acquire an easement (a right over land such as a right of way) subject to the Land Acquisition and Compensation Act 1986. It is based on a similar provision in the Electricity Industry Act 2000. [151-152]. Deal with offences relating to transmission pipelines and gas supply. Entry Powers [154]. A gas company must provide its officers and employees with identity cards that must comply with mandatory requirements of the Act. [155]. Provides powers of entry to officers and employees of gas companies to inspect gas fittings, or determine gas consumption at reasonable times and [156] provides for powers of entry to premises in the case of an emergency (endangering life). [157]. A person must not obstruct, hinder or interfere with an officer or employee of a gas company. Part 8 [158 to 205]. Victorian Energy Networks Corporation (VENCorp) [158]. Provides for the continuation of VENCorp established under section 16A of the Gas Industry Act 1994 having the functions and powers as originally conferred on it under the Electricity Industry Act 2000. Delegation Powers [164]. Sets out VENCorp's powers of delegation. It is derived from clause 1 of Schedule 1 to the Gas Industry Act 1994.
[188]. There is a protection from liability for VENCorp, its directors and servants in connection with the exercise of the power to make directions under the Act. It is in the same terms as section 16I(1) of the Gas Industry Act 1994. See also section 85 of the Constitution Act 1975 statement below. [189]. A person executing a direction given by VENCorp under the Act is not liable for loss and damage where that exercise was carried out in good faith. It is in the same terms as section 16J(1) of the Gas Industry Act 1994. See also section 85 of the Constitution Act 1975 statement below.
Appointment of Inspectors and Search and Entry Powers [191]. VENCorp may appoint certain persons as inspectors and the issuance to them of identity cards for the purpose of Part 8. [192]. Provide powers of entry to land and premises for an inspector. Entry must be either by consent or by search warrant. [193]. The occupier is to be given a copy of any consent given. [193]. Provide for inspectors to apply for search warrants in accordance with practices and procedures in the Magistrates’ Court Act 1989. [195]. An inspector executing a search warrant must provide certain notice in respect of the powers granted under the warrant, and provide the occupant of the premises an opportunity to allow entry and [196] a copy of a search warrant must be given to the occupier of the relevant premises. [197]. It is an offence to obstruct an inspector and an inspector may request the assistance of the police [199]. It is an offence to impersonate an inspector. Part 9 – Emergency Provisions [206]. The Governor in Council may declare by proclamation that Part 9 (emergency provisions) applies. [207]. Whilst a proclamation is in force the Minister may make certain emergency directions. [208]. It is an offence not to comply with a direction, prohibition or requisition made pursuant to the provisions. [213]. Provides for immunity from suit in respect of the execution of Part 9 or any proclamation, direction, prohibition or requisition made under it. It is in the same terms as section 62L of the Gas Industry Act 1994. See also section 85 of the Constitution Act 1975 statement below.
Emergency Powers of Enforcement [214]. Provides powers entry for an inspector where there are reasonable grounds for suspecting an offence against Part 9. Entry is either by consent or under search warrant. [215]. If an occupier consents, they must be given a copy of the signed consent. [216]. An inspector may apply for a search warrant in accordance with practices and procedures in the Magistrates’ Court Act 1989. [217]. An inspector executing a search warrant must provide certain notice in respect of the powers granted under the warrant, and provide the occupant of the premises an opportunity to allow entry, and [218] a copy of a search warrant must be given to the occupier of the relevant premises. Infringement Notices [219 to 228]. Provide for the issue of infringement notices by inspectors. The infringement penalty for prescribed offences is set at $500. The provisions are the standard legislative provisions referred to as the Penalty Enforcement by Registration of Infringement Notices (PERIN). General Delegation Provision [229]. Provides for delegation by the Minister of any functions or powers contained in the proposed Act (other than the power of delegation). It is in the same terms as section 88 of the Gas Industry Act 1994.
[233]. A gas transmission company or a gas distribution company is not liable for failing to transmit or distribute gas, whether failure to do so arises out of any cause beyond the control of the gas transmission or gas distribution company. Regulation Powers [236]. Provides for the making of regulations for the purposes of the proposed Act and provide that regulations made pursuant to the Act are subject to disallowance by a House of Parliament.
Report to the Parliament pursuant section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968 concerning a repeal alteration or variation of section 85 of the Constitution Act 1975. [235]. Provides that it is the intention of [54, 84, 113, 188, 189 and 213] to alter or vary section 85 of the Constitution Act 1975. It is in essentially the same terms as section 101B of the Gas Industry Act 1994, except for the addition of clause 54 as the successor to section 48O of the Gas Industry Act 1994. The Committee notes the section 85 statement from the Second Reading Speech – [54]
[84]
[188, 189 and 213]
The Committee makes no further comment. Gas Industry Legislation (Miscellaneous Amendments) Bill Introduced: 2 May 2001 Purpose The Bill amends the Gas Industry Act 1994 (the Act) to provide for the retail gas market rules and makes amendments consequential on the enactment of the Gas Industry Bill (also in this Digest) and makes consequential amendments to other Acts. The Committee notes the following comments from the Second Reading Speech –
Content and Committee comment [Clauses] [2]. Part 1 and Division 1 of Part 2 come into operation on the day after Royal Assent. The remaining provisions come into operation on 1 September 2001, except clause 30 which will come into operation on proclamation but not later than 1 July 2002. [3]. Inserts a new Division 2B into Part 4A of the Act. The new Division 2B describes the retail gas market rules and provides for the approval of retail gas market rules (and any subsequent amendments to them) by the Office of the Regulator-General. [5]. Provides for a change in the title of the Gas Industry Act 1994 to the Gas Industry (Residual Provisions) Act 1994. The renamed Act is to be construed as one with the Gas Industry Act 2001. [6-19, 22-23]. Provides the repeal of provisions in the Act that are either redundant or will re-enacted by provisions in the Gas Industry Bill. Regulation Power [20]. Substitutes a new, simpler standard regulation making power in the Gas Industry Act 1994. The regulations are subject to disallowance by a House of Parliament. The Committee accepts that the regulation making powers are appropriate to give effect to the purposes of the Act. [24]. Inserts a new Schedule 5 in the Act containing savings and transitional provisions consequential on the enactment of the Gas Industry Bill. It provides for the saving of Orders, declarations, authorisations, exemptions, licences, certificates, agreements, rules and regulations made under the Gas Industry Act 1994. It also provides for the continuation of VENCorp and its directors. This Schedule also contains a table of re-enacted provisions that enables a comparison between old provisions of the Gas Industry Act 1994 and successor provisions in the Gas Industry Bill. [25 to 40]. Amends other Acts consequent on the enactment of this Bill and the Gas Industry Act 2001. [35]. Amends the Magistrates' Court Act 1989 to substitute references to provisions of the Gas Industry Act 1994 with references to provisions of the Gas Industry Act 2001. [36 to 40]. Make consequential amendments to various definitions in other Acts and make reference amendments similar to [35] above. The Committee makes no further comment. Health (Amendment) Bill Introduced: 2 May 2001 Purpose The Bill amends the Health Act 1958 (the Act), the Chinese Medicine Registration Act 2000, the Drugs, Poisons and Controlled Substances Act 1981 and the Pharmacists Act 1974. Content and Committee comment [Clauses] [2]. Except for clauses 7(2), 15 and 16, the provisions in the Bill come into operation on the day after Royal Assent. Clause 7(2) comes into operation on 1 January 2002. Clauses 15 and 16 come into operation on a day to be proclaimed but not later than 1 July 2002. [6]. Repeals section 108B of the Health Act 1958, which required a person who carries on a pest control business to be registered with the Secretary to the Department of Human Services. [7]. Substitutes 108(1) and inserts a new 108C(1A). The new 108C(1) prohibits the use of pesticides in the course of the business of a pest control operator, unless the person using the pesticide holds a licence issued under the Act and complies with any conditions on that licence. New 108C(1A) provides that this prohibition does not apply if the use of the pesticide is for certain specified purposes. [8]. Also amends section 108C of the Act to enable a licence to use pesticides to be granted to a natural person who is undergoing training in the safe application of pesticides, subject to the condition that the person uses the pesticides under the supervision of a fully trained licence holder. [12]. Repeals section 108G of the Act, which requires licensed pest management technicians who use pesticides in the course of the business of a pest control operator to submit to a medical examination as and when prescribed. The objectives of this provision is now covered by the Occupational Health and Safety Act 1985. [14]. Provides that if a person who carries on a pest control business is registered under the Act immediately before the repeal of the requirement to be registered which is effected by [6], that person continues to enjoy the exemption from the requirement to obtain a commercial operator licence under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992. Exemptions are presently granted by an Order in Council made under section 5 of that Act. The exemption will continue to have effect until the expiry of the registered person's current registration on 31 December 2001. [15]. Replaces the requirement in section 30A of the Act that a person be, or be eligible to be, a member of the Australian Institute of Environmental Health before being able to be appointed by a council as an environmental health officer with a requirement that the person have the qualifications declared to be necessary for that appointment by the Secretary to the Department of Human Services by notice published in the Government Gazette. [16]. Provides that the appointment of a person as an environmental health officer as in force immediately before the commencement of [15] of the Bill continues in force for the duration of that appointment even if that person does not have the qualifications declared to be necessary for that appointment by the Secretary to the Department of Human Services by notice published in the Government Gazette. [17]. Repeals the prohibitions in sections 305 and 309 of the Act on slaughtering an animal or dressing a carcass except at a meat processing facility licensed under the Meat Industry Act 1993; and selling or preparing the flesh of a mammal which is not a consumable animal within the meaning of the Meat Industry Act 1993. The objectives of these provisions are now dealt with under the Meat Industry Act 1993 and the Food Act 1984. Regulation Power [24]. Makes amendments to sections 47D, 146, 213, 376 and 390 of the Act containing regulation-making powers. These amendments are to update redundant references to the single House disallowance procedure under the repealed Subordinate Legislation Act 1962. These amendments mean that disallowance of regulations made under the Act by a single House of Parliament can now be achieved directly under the Subordinate Legislation Act 1994 rather than through the transitional provisions of that Act. The Committee makes no further comment. Judicial College of Victoria Bill Introduced: 2 May 2001 Purpose The Bill establishes the Judicial College of Victoria (the College) with the function of assisting the professional development of judicial officers and providing continuing education and training for judicial officers. Content and Committee comment [2]. The Act will commence on proclamation but no later than 1 February 2002. [4]. Establishes the College as a body corporate with perpetual succession and an official seal. [5]. Sets out the functions of the College, which are to –
[6]. The College has the power to do all things necessary or convenient to be done for, or in connection with, performing its functions. Amongst its powers the College may, without Ministerial approval, acquire or dispose of property under the value of $50,000 (or a higher prescribed amount). Delegation Power [7]. The College may delegate any function or power.
[8]. The Board consists of six directors. The Chief Justice, the President of VCAT, the Chief Judge and the Chief Magistrate, or their nominees, are directors of the College by virtue of their judicial office. A director's nominee for the purposes of this clause must be a judicial officer from the same court or tribunal as the nominating director. The Chief Justice or his or her nominee will chair the Board. The remaining two directors of the College, described as ‘appointed directors’, are nominated by the Attorney-General and appointed by the Governor in Council. Of these two directors, one must have an academic background to assist the College in designing courses which are academically sound. The other must, in the opinion of the Attorney-General, have experience in community issues affecting courts. [9]. Sets out the terms and conditions of persons appointed as directors of the College. Service by a judge, master or magistrate as a director of the College is deemed to be service as a judge, master or magistrate, as the case requires. [10]. Provides for the payment of appointed directors (not being a judge or magistrate). [12]. Provides for the appointment of an alternate in respect of each director of the College. [14]. Subject to the Act, the Board may regulate its own procedure. [15]. The College may establish committees to assist it in performing any of its functions. A committee may be comprised of directors of the College or other persons. A committee need not have any director serving on it. [16]. There is to be a chief executive officer of the College and employees to enable the College to perform its functions. [17]. The College may engage consultants for remuneration. [19]. Requires the College to provide specific information when requested by Parliament or a Parliamentary Committee. Regulation Power [20]. Is a general regulation making power.
The Committee makes no further comment. Judicial and Other Pensions Legislation (Amendment) Bill Introduced: 2 May 2001 Purpose The Bill amends a number of Acts to provide for the commutation of pensions under those Acts upon election by persons entitled to the pensions for the purposes of payment of the superannuation contributions surcharge levied by the Commonwealth.
Content and Committee comment [Clauses] [2]. The provisions in the Act commence on the day after Royal Assent. [3]. Inserts a new section 6(2) into the Attorney-General and Solicitor-General Act 1972 to provide that the pensions payable to a Solicitor-General and his or her spouse or eligible child may be commuted in the same way as pensions paid to a Supreme Court Judge and his or her spouse or eligible child may be commuted under the Constitution Act 1975. [6]. Inserts new sections 7B to 7J into the Constitution Act 1975 to provide a scheme that allows a Governor, former Governor or his or her spouse (if a Governor or former Governor has died) to elect to commute part of his or her pension into a lump sum to pay the superannuation contributions surcharge imposed by the Commonwealth. Identical amendments permitting an election to commute part pension into a limp sum to pay the superannuation contributions surcharge of the Commonwealth are made to the Constitution Act 1975 and a number of other Acts in respect to –
The Committee makes no further comment. Land Surveying Bill Introduced: 2 May 2001 Purpose The Bill provides a new regulatory framework for land surveying in Victoria. The Bill –
The Committee notes the following extracts from the Minister’s Second Reading Speech –
Content and Committee comment [Clauses] [2]. The Act comes into operation on a day to be proclaimed but no later than 1 January 2002. [4]. Sets out the processes and manner in which a person may apply to the Surveyors Registration Board of Victoria (the Board) for registration as a licensed surveyor. [5]. Provides for the qualifications necessary to obtain registration as a licensed surveyor. [6]. Sets out the circumstances under which the Board must grant registration and when the Board may refuse to grant registration. If the Board proposes to refuse registration it must give the applicant an opportunity to make submissions to the Board. [13]. The Board must conduct a formal hearing if it believes that the registration of a licensed surveyor has been obtained by fraud or misrepresentation or the qualifications on which the licensed surveyor relied on for registration have been withdrawn. [16 to 32]. These clauses comprise Part 3 of the Act and set up a scheme to handle complaints about professional conduct and investigation of such complaints. The disciplinary system is streamlined and modernised in keeping with current legislation regulating other professions. [18]. The Board may conduct or continue to conduct an investigation and a hearing and make a finding or determination into a complaint about the professional conduct of a person who was previously a licensed surveyor at the time to which the complaint relates. [21]. The Board may conduct a formal hearing without conducting a preliminary investigation or without first receiving a complaint. [24]. Provides that at a formal hearing the licensed surveyor who is the subject of the hearing is entitled to be present, make submissions and be represented. [25]. Deal with sanctions if the panel finds that the licensed surveyor has engaged in unprofessional conduct of a serious nature, the panel may caution or reprimand the licensed surveyor, require the licensed surveyor to undertake further education or training, impose conditions, limitations or restrictions on the licensed surveyor's registration, require the licensed surveyor to rectify a faulty survey, impose a fine of not more than $2000, or suspend or cancel registration. [26]. At a formal hearing a panel is not bound by the rules of evidence but is bound by the rules of natural justice. [27]. Provides that sections 14, 15, 16 and 21A of the Evidence Act 1958 apply to a panel in the conduct of a formal hearing. (14 – Power to send for persons and papers, 15. – Examine witnesses under oath, 16. – Penalty for non-attendance and, 21A. – Privileges and immunities of judges and others in relation to inquiries). [30]. A panel must give reasons for a determination to the licensed surveyor within 28 days. Review by VCAT [33]. A person whose interests are affected by the relevant decision, finding or determination may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the decision, finding or determination. [35]. Creates an offence for a person who is not registered as a licensed surveyor to take or use the title of licensed surveyor, claim to be registered, carry out any act which is required to be carried out by a licensed surveyor or claim to be qualified to practise as a licensed surveyor. [36]. Creates an offence for a person to fraudulently or by false representation obtain registration or procure another person's registration or forge or alter any evidence of qualifications for registration. [37]. Creates an offence for a person who is not registered as a licensed surveyor to certify to the accuracy of a cadastral survey or sign or initial a plan purporting to be the plan of a cadastral survey. [38]. Creates an offence for a person without reasonable excuse to interfere with a survey peg or mark placed in position by or under the direction of a licensed surveyor. [39]. It is an offence for a person to wilfully obstruct a licensed surveyor or a person acting under the direction of a licensed surveyor in carrying out his or her professional work or in exercising any power conferred by this or any other Act. [40]. There is to be a Surveyor-General employed under Part 3 of the Public Sector Management and Employment Act 1998 and the holder of that position must be a licensed surveyor. Delegation [42]. Enables the Surveyor-General to delegate by instrument to any licensed surveyor, or class of licensed surveyors, employed under Part 3 of the Public Sector Management and Employment Act 1998 any power or function of the Surveyor-General relating to the certification of plans.
[43]. Establishes the Surveyors Registration Board of Victoria (the Board) and provides that the Board is a body corporate that may sue or be sued and may do and suffer all acts and things that a body corporate may by law do and suffer. [44 to 53]. Set out the functions, powers, membership, term of office of members of the Board and other like administrative and procedural matters. [54]. Provides that a member of the Board is not personally liable for anything done or omitted to be done in good faith in the exercise of a power or duty under this Act or the regulations. Liability attaches instead to the Board. [55]. Enables the Board to employ staff. [56]. Requires the Board to issue an identity card to each licensed surveyor and stipulates what must be included on the card. Powers of Entry [57]. Sets out the circumstance under which a licensed surveyor, or a person acting under the direction and supervision of a licensed surveyor, may enter land for the purpose of conducting a cadastral survey. A person must not enter a residence under this clause without first obtaining the written consent of the occupier. A licensed surveyor is liable for damage caused by him or her and any other person acting under his or her direction and supervision in exercising the power of entry under this clause. Regulation Power [62]. Sets out the various standard regulation-making powers under the Act including a power to impose penalties of up to 10 penalty units for a breach of the regulations.
[64]. Repeals the Surveyors Act 1978. [65]. Preserves certain incomplete proceedings (inquiries and appeals) before the Surveyors Board (the old Board) established under the repealed Act. [66]. Preserves any complaints concerning the activities of a person deemed to be a licensed surveyor under this Act and which occurred prior to the commencement of Part 3 of this Act and in respect of which no proceedings have commenced under the repealed Act. [67]. Preserves the registration of a person who was a licensed surveyor under the repealed Act immediately before the commencement of this Act. [69]. Preserves the Surveyors (Cadastral Surveys) Regulations 1995 made under the Act to be repealed as though they were regulations made under the successor Act. The Committee makes no further comment. Liquor Control Reform (Amendment) Bill Introduced: 28 February 2001 Purpose The House amendments to the Bill amend the Liquor Control Reform Act 1998 (the Act). The Committee reported on this Bill in Alert Digest No.2 of 2001 on 20 March 2001. House amendments are proposed in respect to the Bill that involve a section 85 of the Constitution Act 1975 amendment concerning an alteration or variation to the jurisdiction of the Supreme Court. The House amendments propose to insert new sections 26A to 26K and a new section 179A in the Act. Content and Committee comment [Clauses] [AA]. Inserts a new Division 3A in Part 2 of the Act headed ‘Controlling Interests in Packaged Liquor Licences’. The new Division comprises new sections 26A to 26K. 26A. Provide definitions consistent with the Corporations Law. 26B and 26C. Defines relevant interest in a share and voting power consistent with the Corporations Law. 26E. Deals with controlling interest in a body corporate. 26F. Requires notification of existing controlling interests on or after 18 April 2001 but before the commencement day. 26G. Deals with notification of acquisition of a controlling interest in a body corporate that holds a licence on or after the commencement day. 26H. If the Director of Liquor Licensing (the Director) becomes aware that a body corporate (whether or not a licensee) has acquired an interest (whether before, on or after the commencement day) giving the body corporate a controlling interest in a licensee or in a related entity of a licensee; and because of that controlling interest the sum of the number of packaged liquor licences held by the body corporate and by any of its related entities is more than 8% of all packaged liquor licences granted and in force under the Act the Director must give written notice to the body corporate in accordance with the Act. 26I. Provides that certain licences cease to be in force if they breach the 8% threshold provided in the Act. Licences cease to be in force in reverse order to their acquisition and 26J deals with restrictions on relocation of licences. [BB]. Inserts a consequential amendment as new section 90(1)(fa) (Grounds for an inquiry) referring to the new section 26F and 26G. No compensation payable 26K. Provides that no compensation is payable as a consequence of the provision in the Bill.
Report to the Parliament pursuant section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968 concerning a repeal alteration or variation of section 85 of the Constitution Act 1975. [CC]. Inserts a new section 179A into the Act declaring that it is the intention of section 26K (no compensation payable) to alter or vary section 85 of the Constitution Act 1975. The Committee notes the following comments from the section 85 of the Constitution Act 1975 statement made by the Minister introducing the House amendments –
The Committee makes no further comment. Post Compulsory Education Acts (Amendment) Bill Introduced: 2 May 2001 Purpose The Bill amends the –
Content and Committee comment [Clauses] [2]. Sections 1, 2 and 11 will commence on the day after Royal Assent and the remaining provisions come into operation on proclamation but not later than 1 June 2002. [5]. Provides a definition for ‘higher education awards’ for the purposes of the Act and clarifies the definition of ‘recognised university’. [8]. Inserts new sections 11A-11D in the Act. 11A. The Minister may at any time arrange for a review of operations of an of universities operating in Victoria and for the review of the operations of other institutions and private providers of higher education courses that are endorsed, accredited or authorised under the Act. New sections 11B-11D provide for the appointment, identification and powers of authorised officers. 11B. Enables the Minister to appoint a person employed under the Public Sector Management and Employment Act 1998 in the administration of the Tertiary Education Act 1993 as an authorised officer for the purposes of the Act. 11C. Authorised officers are to be given identification cards which must be produced before exercising powers under 11D. 11D. An authorised officer may enter certain educational institutions (listed (a) to (d)) during working hours on any day to examine specified documents. It is an offence to obstruct or intimidate such an officer. Delegation Power [9]. Amends the delegation powers of the Minister in section 21 of the Act to allow the new review powers under 11A to be delegated to a member of a body established under section 4 or an executive of the public service. Amendments as shown below underlined. Section 21 provides –
Section 4 of the Act permits the Minister to establish bodies to advise the Minister –
[11]. Makes a minor amendment to section 5(ab) of the Deakin University Act 1974 to remove the requirement for the university to maintain a campus at Clayton. [12]. Amends the Victorian Qualifications Authority Act 2000 to empower the Authority to charge any fees that are prescribed for applications for the registration of persons and bodies authorised to issue recognised qualifications. The Committee makes no further comment. Racing (Racing Victoria Ltd) Bill Introduced: 2 May 2001 Purpose The Bill amends the Racing Act 1958 (the Act) to –
Content and Committee comment [Clauses] [2]. Sections 1 to 4 come into operation on the day after Royal Assent. The remaining provisions come into operation on proclamation. [2(3)]. Provides that a day must not be fixed for the coming into operation of the remaining provisions of the Bill that is before the day on which a certification made by the Minister under section 3A(1) of the Racing Act 1958 takes effect. (See [4] below).
[3]. Inserts a definition of ‘Racing Victoria’ to mean the company certified by the Minister under section 3A(1) to be ‘Racing Victoria’. [4]. Inserts new sections 3A and 3B into the Act to empower the Minister to certify that a company is Racing Victoria. The company must be limited by guarantee and have a constitution including provisions as set out in Schedule 2 of the Bill, or are to the same effect as the provisions in that Schedule. Once certification occurs no further certification may be made. 3B empowers either House of Parliament to disapprove a special resolution by Racing Victoria to repeal or modify its constitution. [5]. Inserts new sections 96A and 96B into the Act to make transitional provisions and to provide that the amendments made by the Bill have effect despite any provision of the Corporations (Victoria) Act 1990. For example an unfinished appeal may continue as an appeal against Racing Victoria or a licence may continue to be in force as if issued by Racing Victoria. [6]. Declares that the Act is amended as set out in Schedules 1 and 2. Schedule 1 makes statute law revision type amendments to take account of the new entity established by the Bill. For example references to The Victorian Racing Club are substituted by references to Racing Victoria. Schedule 2 inserts a new Schedule into the Act setting out the requirements for the foundation constitution of Racing Victoria for the purposes of the Minister's certification under section 3A of the Act. [7]. Makes consequential amendments to sections 3(1) and 114(2)(c) of the Gaming and Betting Act 1994 by substituting references for the Victorian Racing Club with references to ‘Racing Victoria’. [8]. Makes consequential amendments to section 16 of the Accident Compensation Act 1985 substituting references for Racing Victoria as the new entity and transferring responsibilities for WorkCover for jockeys from The Victoria Racing Club to Racing Victoria. The Committee makes no further comment. Transfer of Land (Amendment) Bill Introduced: 2 May 2001 Purpose The Bill amends the Transfer of Land Act 1958 (the Act) to provide for new Crown grants of freehold to be converted to electronic form when the Registrar receives them. It also provides the Registrar of Titles a discretion not to destroy certificates of title which are no longer current and not to produce a certificate of title for every folio of the register in certain circumstances. In addition the Bill provides for a new regulation making power to allow for differential fees in certain circumstances. Content and Committee comment [Clauses] [2]. The provisions in the Bill come into operation on the day after Royal Assent. [4 and 8]. Deal with the present requirement in the Act that when a Crown grant of land is made a duplicate certificate must be created. The purpose of the amendment is to do away with the duplicate document for a freehold Crown grant and enable the Registrar of Titles to immediately convert such a Crown grant to electronic form, in accordance with the manner in which the bulk of land titles and related information is now held. [5]. Amends section 27B(7) of the Act to provide that the Registrar is not required to produce a certificate of title for a folio of the register where the folio is to be amended, substituted or deleted and a new one created immediately. [6-7]. Amends section 27 and 27B of the Act and inserts a new section 27BA. The amendments will mean that the destruction of old or historic certificates of title will no longer be necessary and will allow the registrar to save out-of-date certificates of title so long as the certificate of title is altered so that it is clear that it can no longer be used to support land transactions. Regulation Powers [9]. Inserts a new section 120(3) into the Act relating to the power to make regulations. The amendments to the regulation making powers will provide for the ability to make regulations setting differential fees for on-line service delivery.
The Committee makes no further comment. Urban Land Corporation (Amendment) Bill Introduced: 2 May 2001 Purpose The Bill amends the Urban Land Corporation Act 1997 (the Act) to change the title of the Act and the title and functions of the Urban Land Corporation and makes a number of consequential amendments to other Acts. Content and Committee comment [Clauses] [2]. The provisions in the Bill come into operation on a day to be proclaimed but not later than 1 January 2002. [3]. Changes the title of the Act to ’Urban and Regional Land Corporation Act 1997’. [5]. Amends section 4 of the Act to rename the Urban Land Corporation as the ‘Urban and Regional Land Corporation’ (URLC). [6]. Amends section 6(1) of the Act by including new functions of the URLC. The new functions are included in section 6(1)(a), (b), (c), (d) and (e) and will extend the focus of the Corporation in relation to urban and regional development. The new functions include development of land in Victoria for residential and related purposes, promotion of best practice in urban and community design and development having regard to links to transport services and innovations in sustainable development, and contribution to improvements to housing affordability in Victoria. [7]. Makes various consequential amendments to headings, sections and Schedule 1 to the Act that contain references to the Urban Land Corporation by substituting "Urban and Regional Land Corporation" or "ULRC" as the case requires. [8]. Amends the Act by inserting a new section 38 being a transitional provision required, as a result of the change to the title of the Corporation. It provides that this change does not affect the status of the Corporation and reconstrues references to the Corporation in any other document, Act, matter or thing. [9]. Makes a consequential amendment to the Borrowing and Investment Powers Act 1987 by substituting "Urban and Regional Land Corporation" for "Urban Land Corporation". [10-11]. Make consequential amendments to sections 9(1AA) and 9(2C) of the Land Tax Act 1958 and to section 36A and Schedule 1 of the Treasury Corporation Act 1992 by substituting "Urban and Regional Land Corporation" for "Urban Land Corporation" and "Urban and Regional Land Corporation Act 1997" for "Urban Land Corporation Act 1997". The Committee makes no further comment. Victorian Managed Insurance Authority (Amendment) Bill Introduced: 2 May 2001 Purpose The Bill amends the Victorian Managed Insurance Authority Act 1996 (the Act) and the Financial Management Act 1994 (the FMA) with respect to insurance and risk management in the Victorian public sector.
Content and Committee comment [2]. The provisions in the Bill commence on the day after Royal Assent. [4]. Inserts a new section 3A in the Act that sets out the criteria that determine whether the State has a "controlling interest" in a body. These criteria relate to the holding by the State, whether directly or indirectly, of at least 50% of the shares in the body, or the power to appoint at least 50% of the directors of the body. [5]. Provides that a department of the Parliament may be declared by the Minister, by notice published in the Government Gazette, to be a participating body subject to the agreement of the Presiding Officers. [6]. Inserts new sections 23 and 24 into the Act. New section 24 effectively replicates the requirements of the current section 24 that departments and participating bodies are to arrange their insurance with the VMIA, but also provides explicitly that the VMIA's insurance responsibilities and powers do not extend to workers' compensation and transport accident personal injury insurance that are provided under other statutory schemes. [7]. Amends section 25 of the Act to provide explicitly that VMIA may not provide indemnities to its own directors and officers. It also extends VMIA's powers to provide indemnities to include members of statutory authorities who are not "officers" within the current definition in section 25. This is achieved by extending that definition to include members of authorities that do not have separate boards of management. The Committee notes the following comments from the Second Reading Speech –
[9]. Inserts a new section 44B in the FMA that effectively replicates the current requirements in section 23 of the Act (as amended by the Bill) for the maintenance of registers of assets and the development, implementation and review of risk management strategies by bodies that are subject to the FMA. The Committee makes no further comment. |
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