Alert Digest No. 8 of 2001 Crimes
(Validation of Orders) Bill Corporations (Ancillary Provisions) Bill Appendix 1 – Index of Bills Reported 2001 Appendix 2 – Committee Comments classified by Terms of Reference Appendix 3 – Ministerial Correspondence 2001
Crimes (Validation of Orders) Bill Introduced: 6 June 2001 Purpose The Bill amends the Crimes Act 1958 (the Act) to validate certain orders purported to have been made for the taking of forensic samples from offenders. Content and Committee comment [Clauses] [2]. The provisions in the Bill come into force on Royal Assent. [3]. Inserts a new section 464ZL in the Act. Section 464ZF of the Act sets out the procedure by which the police can apply to the Magistrates' Court for an order allowing them to take a forensic sample from a person convicted of a "forensic sample offence" who is serving a term of imprisonment. In the case of Lednar, O'Brien and Hill v The Magistrates' Court and the Chief Commissioner of Police (Victoria) (No. 6292 of 2000) the Supreme Court ruled that the hearing of such applications in chambers did not comply with the requirement in section 125 of the Magistrates' Court Act 1989 that all proceedings be heard in open court. New section 464ZL provides that an order made under section 464ZF by a Magistrate not sitting in open court or not constituting the Magistrates' Court, will have the same force as if the order had been made by the Magistrates' Court in open court. The section deems orders made on or before 22 December 2000 as always having been made with lawful effect. The section also provides that the rights of the parties in the case of Lednar, O'Brien and Hill v The Magistrates' Court and the Chief Commissioner of Police (Victoria) (No. 6292 of 2000) will not be affected by the Bill.
The Committee makes no further comment.
Fundraising Appeals (Amendment) Bill Introduced: 19 June 2001 Purpose The Bill amends the Fundraising Appeals Act 1998 (the Act). Key measures introduced by the Bill –
Content and Committee comment [Clauses] [2]. Section 1 commences on Royal Assent and the remaining provisions commence on proclamation but not later than 1 July 2002. [7]. Inserts new sections 6A and 6B in the Act. New section 6A defines the meaning of "associate" for the purposes of the Act. New section 6B makes provision with respect to the interpretation of "public interest" for the purposes of the Act. It provides that a fundraising appeal is not conducted in the public interest if, in the opinion of the Court or the Director, the expenses payable in respect of the appeal in a particular period exceed a reasonable proportion of the total amount raised in that period.
Amendments to Part 3 [8]. Repeals subsections (2) to (4) of section 16 (exemptions from the Act). [9]. Inserts new sections 16A and 16B. New section 16A permits the Minister to exempt persons and organisations from the provisions in Part 3 (which will now include the registration and de-registration provisions inserted by the Bill), with or without conditions, by Order published in the Government Gazette. Such Orders must be tabled in the Parliament are subject to disallowance and are amenable to scrutiny by the Scrutiny of Acts and Regulations Committee pursuant to Part 5 of the Subordinate Legislation Act 1994. New section 16B provides that notwithstanding amended section 16 or new inserted section 16A, where an exempt person or organisation retains a commercial fundraiser, Part 3 applies to that commercial fundraiser in respect of the appeal. [10]. Substitutes a new Division 2 (Registration of Fundraisers) of Part 3 of the Act and inserts new Division 2A (Notification of Changes). (New sections) (17A). Provides that, subject to Division 1 (exempt organisations), a person must not conduct a fundraising appeal unless registered by the Director as a fundraiser. (18). Provides for the making of applications for registration as a fundraiser. (18A). The written consent of the intended beneficiaries, or a written explanation of why this is not practicable, is also needed in making an application for registration as a fundraiser. (18E). The Director may, on receiving an application for registration as a fundraiser, ask the Chief Commissioner of Police for information concerning the criminal record, if any, of any person named in the application and of any person the Director believes, on reasonable grounds, may be an associate of the person who submitted the application, and any other matter with respect to the application on which the Chief Commissioner may have information. The Chief Commissioner must give the requested details to the Director within 14 days. (19). On receiving an application for registration from a person and after making any inquiries the Director considers to be appropriate, the Director may register or refuse to register the person as a fundraiser. (19A). The Director must not register a person as a fundraiser in certain circumstances. (19B). The Director may refuse to register a person as a fundraiser in certain circumstances. (23A). The Director may impose a condition requiring a registered fundraiser to ensure that either in any specified period, or over the course of a fundraising appeal, a specified percentage of the proceeds of the appeal is distributed to the beneficiaries of the appeal. (24, 24A, 24B, 24C and 24D). Requires registered fundraisers to notify the Director of changes concerning appeal managers and certain other prescribed matters such as a change in the appeal beneficiaries. Section 24D requires registered fundraisers to notify the Director of changes concerning the contact person in relation to fundraising appeals. [14]. Inserts new Division 7 into Part 3 of the Act consisting of new sections 33A to 33M. 33A. The Director may deregister a person as a fundraiser in certain circumstances including that the conduct of the appeal should be stopped when it is in the public interest to do so, or where the Director is satisfied that it is not in the public interest for the person to conduct a fundraising appeal. 33D specifies the requirements that apply to a person who has been deregistered. 33E imposes additional requirements on commercial fundraisers who are deregistered. 33F imposes additional requirements on deregistered fundraisers who were using a commercial fundraiser just before the deregistration. 33G a person who is given notice of deregistration as a fundraiser must not pay out or otherwise distribute or deal with any fundraising appeal assets except with the Director's written consent and details the conditions under which this restriction ceases to apply. 33J a person may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of specified decisions of the Director in relation to the registration and deregistration of fundraisers. 33K a decision by the Director to deregister a person as a fundraiser under section 33A(a) (because of the stopping of an appeal by the Magistrates’ Court) is not subject to review by the VCAT. 33M if the Director deregisters a person as a fundraiser on the basis of an order of the Court and the Court order is quashed, lapses or is withdrawn, the person who was so deregistered is deemed to be registered as a fundraiser for the remainder of the current registration period. Amendments to other Parts of the Act [16]. Inserts new section 35A in the Act to make provision for how the assets of fundraising may be dealt with where the beneficiaries refuse to accept the assets or the beneficiaries no longer exist or a dispute arises as to the assets of the fund. [18]. Inserts new sections 61A and 61B in the Act. 61A the Director may, by written notice, order the distribution of any assets from a fundraising appeal to beneficiaries of the appeal in certain circumstances. 61B the Director may appoint an administrator to wind up a fundraising appeal or to exercise the Director's functions in relation to consenting to the disbursement of assets, in certain circumstances. [19]. Insets new sections 64A and 64B in the Act. 64A makes provision for the appointment and role of a responsible person in relation to an incorporated association that was not incorporated in Victoria. The responsible person must ensure that the association complies with all the obligations placed on the association by the Act. [20]. Inserts new sections 70A and 70B in the Act. (70A) provides for the establishment and maintenance of a register including the right of public access and inspection and public disclosure by the Director, for the purposes of the Act. (70B) provides that the Minister or the Director may make public statements or issue public warnings including the identification of a particular person with respect to specified matters relating to fundraising appeals, if satisfied that it is in the public interest to do so. [21]. Inserts new section 71(1)(da) into the Act to permit regulations to be made with respect to matters that must or may be included in the register (new 70A see [20] above).
[23]. Inserts a new section 74 into the Act which is a transitional provision relating to registration as a fundraiser not being required in certain cases until the expiry of the consent or permit, where registration was obtained prior to the commencement of the amendments made by the Bill. It also inserts new section 75, which continues existing exemptions granted under regulations in force under the Act for a further 12 months. [24]. Substitutes ‘Director for ‘Minister in sections 32, 33 and 64. The clause further inserts ‘or the Director’ after ‘Minister’ in a number of other sections. Sub-clause (2) inserts a new section 69(2) to provide the Director with powers to delegate under the Act. New section 69(2) provides –
The Committee makes no further comment.
Transport (Further Amendment) Bill Introduced: 6 June 2001 Purpose The Bill makes –
Content and Committee comment [Clauses] [2]. Sections 1 and 2 come into operation on Royal Assent. The remaining provisions, including the items in the Schedule, come into operation on a day or days to be proclaimed. However section 14 is repealed on 29 June 2003, if it has not come into operation before 29 June 2003 and section 17 is repealed on 29 June 2003, if it has not come into operation before 29 June 2003. Otherwise if a provision does not come into operation before 30 June 2003, it comes into operation on that day. [14]. Inserts a new section 76A in the Act relating to the automated ticketing contract between the PTC and Onelink Transit Systems Pty Ltd. The section gives the Treasurer the power to give and amend guarantees relating to the contract, before the abolition of the PTC, if the rights and liabilities under the contract have been transferred from the PTC to the Secretary and those rights and liabilities are subsequently transferred or assigned to a third party. [17]. Amends the Act to insert a new section 77A relating to the automated ticketing contract. This section gives the Treasurer the power to give and amend guarantees relating to this contract, after the abolition of the PTC, if the rights and liabilities arising under the contract have been transferred to or vested in the Secretary and those rights and liabilities are subsequently assigned to a third party. [25]. Provides for various consequential amendments to the Act and the Road Safety Act 1986 required as a result of the abolition of the PTC in Schedule 1 to come into force. [26]. Inserts a new Division in Part 8 of the Act setting out transitional and savings provisions required on the abolition of the PTC. Under new section 258 on the day on which the abolition of the PTC takes effect, various rights, liabilities, property assets, debts, obligations and other matters will be transferred to the Secretary to the Department of Infrastructure on behalf of the Crown. New sections 259 and 260 deal with the transfer of certain staff from the PTC to the Public Service on terms and conditions at least as favorable as applicable to them prior to their transfer. Part 3 – Amendments to the Rail Corporations Act 1996 (the Act) [36]. Amends the Act to insert new sections 113 and 114 into the Act. These sections will ensure that orders relating to no obligation to fence and the power to stop traffic continue in force despite the consequential amendments made by the Bill. Part 4 – Amendments to other Acts consequent on the abolition of the Public Transport Corporation [39]. Makes consequential machinery amendments to section 7A (‘no title by reason of adverse possession against PTC or Victorian Rail Track’) of the Limitation of Actions Act 1958 required as a result of the abolition of the PTC. Part 5 – Amendments to the Melbourne City Link Act 1995 (the Act) [45]. Amends the Act to limit the period, for which a corporation may register a vehicle on a temporary basis, to 14 days instead of the existing 27 hours. This allows Transurban to enter into temporary registration arrangements for a longer period. [46]. Amends section 75 (offence to fraudulently induce registration) to introduce a new offence of making a false representation when seeking the right to drive a vehicle on a tollway. [47]. Amends sections 22 and 23 of the Melbourne City Link (Miscellaneous Amendments) Act 2000 to repeal proposed sunset provisions from sections 77 and 78 of the Melbourne City Link Act 1995. These provisions allowed the corporation to request the agency to send a notice to a person infringing the toll payments requiring that person to be registered for toll payments. These provisions would have ceased as of 1 July 2001 Schedule Item 1 lists various minor consequential amendments to the Transport Act 1983 required as a result of the abolition of the PTC. Item 2 lists various minor consequential amendments to the Road Safety Act 1986 required as a result of the abolition of the PTC. The Committee makes no further comment.
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