Building and Construction Industry Security of Payment Bill
Introduced: 20 March 2002
Second Reading Speech: 21 March 2002
House: Legislative Assembly
Minister introducing Bill: Hon. R. Hulls MLA for Hon. M. Delahunty MLA
Portfolio responsibility: Minister for Planning
Purpose
The Bill addresses delays in payment under construction contracts to parties who carry out construction work or who supply related goods and services under those contracts. The Bill establishes a right to progress payments in relation to construction contracts and establishes a process for claims for those payments.
The Bill provides for an adjudication process and for determination of the payment of disputed bills. The Bill also gives a claimant the right to suspend work where a progress payment is due under the claims and adjudication process and the payment remains unpaid or security for the payment has not been provided. The Bill also provides for a mechanism enabling the claimant to recover the unpaid amount from a third party under a related construction contract in certain limited circumstances.
The recovery procedures in the Bill are not intended to affect any other rights that parties may have under a construction contract.
Content and Committee comment
[Clauses]
[2]. The Act comes into operation on proclamation but not later than 31 January 2003.
[4 to 6]. Set out key definitions used in the Bill including "construction contract", "construction work" and "related goods and services".
[7]. Provides for the application of the Bill to construction contracts.
[8]. The Bill binds the Crown.
[9 and 10]. Establishes a right to progress payments for construction work carried out under, or the provision of related goods and services provided under, a construction contract and provides for the amount of a progress payment.
[14]. Enables a person who is entitled to a progress payment to serve a payment claim on the person who is liable to make the payment.
[18]. Enables a claimant to apply for adjudication of the amount of a progress payment payable in the event that the amount set out in the respondent's payment schedule is less than the amount set out in the claimant's payment claim.
[18 to 25]. Deals with adjudication and the qualification for adjudicators.
[29]. Confers a right on the claimant to suspend the carrying out of construction work or the supply of related goods and services after at least 2 business days have passed since giving notice to the respondent. The right continues for so long as the respondent fails to comply with its payment obligations. The suspension does not constitute a breach of the construction contract by the claimant.
[46]. Provides an exclusion of liability for the adjudicator for anything done in good faith in the exercise of a power or the discharge of a duty under the Act or regulations. Also refer to section 85 Constitution Act 1975 statement at clause 51 below.
[47]. The Act does not limit any other entitlement that a person may have under a construction contract or any other remedy that a person may have for recovering that other entitlement.
[48]. Provides that a provision of an agreement that excludes, modifies or restricts the operation of the Act is void.
Report to the Parliament pursuant to 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
[51]. States that it is the intention of clause 46 of the Bill (which deals with the exclusion of liability for adjudicators) to alter or vary section 85 of the Constitution Act 1975.
The Committee notes the comments in the Second Reading Speech –
Clause 51 of the Bill states that it is the intention of section 46 to alter or vary section 85 of the Constitution Act 1975.
Clause 46 provides that an adjudicator is not personally liable for anything done or omitted to be done in good faith in the exercise of his or her powers or the discharge of his or her duties under the act or the regulations or in the reasonable belief that the act or omission was in the exercise of those powers or the discharge of those duties.
The reason for limiting the jurisdiction of the Supreme Court with respect to this provision is to permit adjudicators to exercise their powers and discharge their duties without fear of litigation.
In the absence of a statutory exclusion from liability it is unlikely that individuals would accept appointment as adjudicators as they are required to provide rapid determination of amounts due with limited ability to consider all of the detailed arguments that may be raised in subsequent proceedings.
The exclusion from liability is intended to facilitate the adjudication process and does not affect the rights of any party to have the overall dispute between the parties resolved in accordance with law.
The Committee has examined the proposed section 85 of the Constitution Act 1975 clause and notes the Minister’s statement in the Second Reading Speech and accepts that the provisions are consistent with the purposes of the Bill. |
[52]. Provides that regulation may be made for the purposes of the Act.
The Committee notes the regulation making powers and accepts that they are appropriate to give effect to the purposes of the legislation. |
[53 and 54]. Make consequential amendments to a number of related Acts.
The Committee makes no further comment.
Introduced: 20 March 2002
Second Reading Speech: 21 March 2002
House: Legislative Assembly
Minister introducing Bill: Hon. R. Hulls MLA
Portfolio responsibility: Attorney-General
Purpose
The Electoral Bill is intended to replace the current electoral provisions currently found in The Constitution Act Amendment Act 1958 (the Act), which is Victoria's principal electoral legislation.
The Bill –
Content and Committee comment
[Clauses]
[2]. The Act comes into operation on proclamation but not later than on 1 January 2003.
[4]. Sets out the definition of "electoral matter" as meaning – ‘mater which is intended or likely to affect voting in an election’.
[6 to 10]. Establishes the Victorian Electoral Commission (the Commission) as a body corporate and provides that the Commission is comprised of one member being the Electoral Commissioner and sets out the responsibilities powers and functions of the Commission. The Commission is not subject to the direction or control of the Minister.
[12]. The Electoral Commissioner is appointed by the Governor in Council for a term of 10 years and may be reappointed for further terms. A person who is a member of a registered political party or has been a member within a period of five years preceding the appointment may not be appointed. [13]. Provides for the appointment of a Deputy Electoral Commissioner.
[17]. Makes provision for the employment of staff of the Commission under Part 3 of the Public Sector Management and Employment Act 1998. This clause also states that a person employed by the Commission may not nominate for election for the Parliament of Victoria or of the Commonwealth or of any other State or Territory.
[19]. Sets out the Commission's power to delegate any function or power of the Commission other than the power of delegation. It also sets out the power of the Electoral Commissioner to delegate any function or power of the Electoral Commissioner other than the power of delegation. Delegations may only be made to a member of the Commission or staff or a person appointed as an election official under the Act.
The Committee notes the delegation power and considers the delegation is sufficiently defined for the purposes of the Act. |
[22]. Sets out the entitlement to enrolment of electors for the Legislative Assembly and the Legislative Council.
[24]. Sets out who may apply to become a general postal voter.
[28]. Provides that the register of electors is not available for public inspection.
[31]. Sets out the application process to be a silent elector.
[32]. Provides for the inspection of the latest print of electoral rolls. Inspection is to be free of charge at the office of the Commission during office hours, and at other places and during times determined by the Commission.
[33]. Sets out what enrolment information must be provided by the Commission to each registered political party, member of the Assembly or Council and candidate.
[34]. Sets out what enrolment information (other than information concerning silent electors) may be provided by the Commission to persons and organisations other than registered political parties, members of Parliament and candidates on conditions determined by the Commission. Information for use in medical research or for health screening programs are two uses contemplated by this section.
[35]. Requires the Commission to lay a report before both Houses of Parliament as soon as practicable after 30 June each year on the provision of enrolment information under clause 34 during the previous 12 months.
[36]. Prohibits the use of enrolment information by a registered party, person or organisation except for a permitted purpose, which includes any purpose in connection with an election and exercising the functions of a member in relation to the member’s constituents. Failure to comply with this clause attracts a maximum penalty of 600 penalty units ($60 000) in the case of a natural person, and 3000 penalty units ($300 000) in the case of a body corporate or registered political party.
[37]. Provides that enrolment information is protected information in relation to a person if the person knows or has reasonable grounds for believing that the information has been provided under clause 33 or 34. This clause prohibits the disclosure of protected information unless it is for a permitted purpose as defined in clause 36. This clause also provides that a person must not use protected information for a commercial purpose. Failure to comply with this clause attracts a maximum penalty of 600 penalty units ($60 000) in the case of a natural person, and 3000 penalty units ($300 000) in the case of a body corporate or registered political party.
[42]. Sets out the circumstances in which a person who has been refused enrolment may seek a review of a decision of the Commission by VCAT.
[43]. Requires the Commission to establish and maintain a Register of Political Parties.
[47]. Provides that parties with certain names are not to be registered.
[61]. Sets out the procedure for the issue of a writ for an election.
[66]. Prohibits the use of any part of a licensed premises within the meaning of the Liquor Control Reform Act 1998 as a voting centre unless the Commission considers there are exceptional circumstances.
[69]. Sets out how a person may become a candidate for an election. Candidates endorsed by a registered political party may only be nominated with the Commission. Other candidates must nominate with the appropriate election manager. Candidate deposits must be lodged at time of nomination. In the case of the Council $700 and $350 for nomination as a candidate for the Assembly.
[76]. Sets out provisions relating to scrutineers.
[77]. Provides for the submission of a how-to-vote card to the appropriate election manager for registration and [80] provides that any person may apply to VCAT for review of the Commission's decision to register or refuse to register a how-to-vote card. [83] places a prohibition on the printing, publication and distribution of electoral matter unless properly authorised.
[84]. Makes it an offence to print, publish or distribute any matter that is likely to mislead or deceive a voter when casting his or her vote; or to induce an elector to mark his or her vote otherwise than in accordance with the directions of the ballot-paper.
It is a defence to a prosecution for an offence against this provision if the person proves that they did not know and could not reasonably be expected to have known that the matter or thing was likely to mislead an elector when casting the elector’s vote.
[86]. Provides that the author of any published comment on electoral matters must be identified in the publication during a relevant period.
[87]. Sets out who is entitled and obliged to vote at an election. Voting is compulsory.
[90]. Sets out the questions that an election official must ask of a prospective voter, and when a claim to vote must be rejected.
[93 to 96]. Sets out how an elector is to mark the ballot-paper and the procedures for electors who require assistance to vote or who are unable to write. An elector who spoils a ballot-paper, may receive a new one.
[98 to 110]. Make provision and provide for procedures and entitlements related to early voting, interstate and overseas voting, postal and absent voting.
[112]. Sets out the circumstances in which a ballot-paper must be rejected as informal.
[115]. Provides that electronic counting equipment may be used in the counting of votes.
[119]. Provides for a preference distribution for information purposes after a candidate is declared elected.
[124]. Provides that the Supreme Court is the Court of Disputed Returns for the purposes of the Bill and is constituted by a single Justice of the Supreme Court. [125]. Sets out the powers of the Court of Disputed Returns, which include the power to declare any election void.
[129]. A decision or order of the Court of Disputed Returns is final and cannot be appealed. This clause limits the jurisdiction of the Supreme Court. The Court of Disputed Returns is comprised of a single justice of the Supreme Court. However, the practice and procedure followed by the Court of Disputed Returns do not follow the practice and procedure that is followed by the Supreme Court in accordance with the Supreme Court Rules. Rather, the practice and procedure followed by the Court of Disputed Returns are provided for in this Bill. Consequently, this clause is a limitation on the jurisdiction of the Supreme Court. Clause 129 is the same as section 292 of The Constitution Act Amendment Act 1958 and does not alter current arrangements. Also refer to section 85 Constitution Act 1975 statement in clause 184 below.
[140]. Provides that if the Court of Disputed Returns finds that a person declared elected has committed bribery or has interfered with political liberty at any election, the Court must declare the election void.
[143]. Provides that Parliament may refer a question in relation to the qualification of a Member or a vacancy to the Court of Disputed Returns.
[150 to 155]. Makes provision for various offences such as voting in the name of another person or to vote more than once; bribing or otherwise influencing a person's election conduct interfering with, using violence or intimidation in respect to a person's political liberty; infringing the secrecy of an elector's vote; disseminating exit poll results during the hours of voting on election day; distributing printed electoral material other than registered how-to-vote cards within 400 metres of a voting centre on election day.
[162 to 174]. Deals with the enforcement of compulsory voting. The penalty is 1 penalty unit ($100). An authorised officer may serve an infringement notice on a person believed to have committed an offence. If a person pays the penalty in the infringement notice within the specified time, no further proceedings are to be taken and no conviction is to be recorded. Payment of the infringement penalty may be enforced in accordance with the PERIN Court process in the Magistrates' Court Act 1989.
[175]. Provides that an election manager or election official has the power to maintain order at a voting centre and to remove a person who is causing a disturbance, and that police must assist an election manager or election official in the exercise of these powers.
[181]. Provides for the refund of deposits to eligible candidates in certain cases and where the candidate achieves 4% of the first preference votes cast at the election.
Report to the Parliament pursuant to 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.
[184]. States that it is the intention of clause 129 to alter or vary section 85 of the Constitution Act 1975 limiting the jurisdiction of the Supreme Court.
The Committee notes the comments in the Second Reading Speech –
It is the intention of clause 129 to limit the jurisdiction of the Supreme Court. Clause 129 provides that a decision of the Court of Disputed Returns is final and cannot be appealed.
The Court of Disputed Returns is comprised of a single judge of the Supreme Court. However, the practice and procedure followed by the Court of Disputed Returns does not follow the practice and procedure that is followed by the Supreme Court in accordance with the Supreme Court Rules. Rather, the practice and procedure followed by the Court of Disputed Returns is provided for in this bill. Consequently, this clause is a limitation on the jurisdiction of the Supreme Court.
Clause 129 is consistent with the normal practice of electoral legislation to provide that a Court of Disputed Returns is the venue to deal with disputed elections quickly and conclusively in the interests of certainty in the electoral and parliamentary process.
Clause 129 is the same as section 292 of The Constitution Act Amendment Act 1958 and does not alter current arrangements.
The Committee notes that the provision is identical to the current provision in section 292 of The Constitution Act Amendment Act 1958. The Committee has examined the proposed section 85 of the Constitution Act 1975 clause and notes the Minister’s statement in the Second Reading Speech and accepts that the provisions are consistent with the purposes of the Bill. |
[185]. Provides for the Governor in Council on the recommendation of the Commission to make regulations under the Act. The regulations are subject to the disallowance of the Parliament.
The Committee notes the regulation making powers and accepts that they are appropriate to give effect to the purposes of the legislation. |
[186]. Repeals various sections and Parts of the Act.
[187]. Sets out transitional provisions relating to any pending or existing proceedings immediately before the Bill commences in which the Electoral Commissioner was a party.
[190]. Substitutes a new section 44(1) of the Constitution Act 1975 to provide that to be eligible to be elected to Parliament, a person must be enrolled on the register of electors under the Act and entitled to vote at an election and have a principal place of residence in Victoria.
The current section 44(1) provides –
Subject to this Act a person who is entitled under section 48 to enrol as an elector for the Assembly and who resides in Victoria shall be qualified to be elected a member of the Council or the Assembly.
[191 to 206]. Make consequential amendments to a number of Acts.
[219]. Provides that $1.20 is payable for each first preference vote in an election. However, the candidate must have obtained at least 4% of the total number of first preference votes validly cast.
[220]. Provides that the amounts payable in respect of votes for candidates endorsed by a registered political party must be paid to that party's agent. Amounts payable for candidates not endorsed by a registered political party must be paid to each candidate's agent. [222]. The amount paid may be indexed according to the Consumer Price Index.
[224]. Sets out the details of gifts that have to be disclosed under this Division.
[225]. Provides that each candidate's agent must, within 15 weeks after election day, give the Commission a return disclosing gifts made to the candidate during the disclosure period. Gifts from one person totalling $200 or more must be disclosed.
[229]. Provides that it is unlawful for a registered political party or associated entity to receive a gift worth $1000 or more, or for a candidate to receive a gift worth $200 or more, unless the name and address of the donor are known to the recipient. Two or more gifts made by the same person to the same recipient are deemed to be one gift.
[232]. Provides that, within 15 weeks after election day, agents of registered political parties and candidates, and other participants in an election must give a return to the Commission disclosing their electoral expenditure.
[244]. Provides that it is unlawful for the holder of a prescribed licence (a State government licence of a type prescribed in regulations, the primary purpose of which is to enable the holder to conduct a business or activity that generates income or revenue) to make political donations to a registered political party during a financial year, the total value of which exceeds $50 000.
[247]. Provides for offences relating to disclosures that are necessary under the legislation.
Inspection Powers
[253 to 255]. Inspectors may be appointed under Part 3 of the Public Sector Management and Employment Act 1998 and must be issued with an identity card. An inspector must produce the identity card for inspection before exercising a power under the Act or on request to produce it.
[256]. An inspector may apply to the Magistrates' Court for an order requiring a person to answer questions or supply information, and sets out conditions for the court order.
[257]. Empowers an inspector who believes on reasonable grounds that a person has contravened this Part to enter and search any premises and seize material and copy documents with the consent of the occupier of the premises, and sets out conditions for the entry and search.
[258]. Empowers an inspector to apply to a magistrate for a search warrant pursuant to the forms and procedures set out in the Magistrates’ Court Act 1989.
[259]. An inspector executing a search warrant must announce the authorisation by the warrant before entering the premises.
[260]. Where a search warrant is being executed, the inspector must identify himself or herself and give a copy of the warrant to the occupier.
[261]. If an inspector retains a document seized from a person, the inspector must give the person a copy of the document.
[264]. An inspector exercising a power of entry may require the occupier or occupier's agent or employee to give information, documents and reasonable assistance to the inspector.
[266]. It is a reasonable excuse not to give information or do anything required under this Part if that would tend to incriminate the person. However, self-incrimination is not a reasonable excuse for not producing a document.
The Committee notes the limitation of the privilege against self-incrimination by clause 266. The Committee has previously accepted that such a provision strikes an appropriate balance between the competing interests of obtaining information and protecting individual’s rights. The Committee draws attention to the provision. |
[267]. Makes it an offence knowingly to give false or misleading information to an inspector.
[268 and 269]. Makes it an offence to hinder, obstruct or impersonate an inspector who is exercising a power under this Part.
SCHEDULES
Schedule 1 sets out the form of a writ for an election and Schedule 2 sets out the form of a ballot-paper for an election.
The Committee makes no further comment.
Health Practitioner Acts (Further Amendments) Bill
Introduced: 20 March 2002
Second Reading Speech: 21 March 2002
House: Legislative Assembly
Minister introducing Bill: Hon. J. Thwaites MLA
Portfolio responsibility: Minister for Health
Purpose
The Bill –
The amendments establish an offence for a corporate owner of a medical services business who directs or incites a registered medical practitioner to engage in unprofessional conduct (for example over or under servicing patients). Businesses found guilty of contravening these provisions may be prohibited from operating a medical services business. There are also offences for breaching such restrictions. The new offences do not apply to health services as defined under the Health Services Act 1988 as they are already subject to regulation under that Act.
The amendments establish an offence for an employer agency to direct or incite a registered nurse to engage in unprofessional conduct. Agencies found guilty of contravening these provisions may be prohibited from operating a nurses agency. There are also offences for breaching such restrictions.
Content and Committee comment
[Clauses]
[2]. Sections 1, 2, 31, 38, 43, 45, 46, 47, 48 and 49 come into operation on the day after Royal Assent. The remaining provisions come into operation on proclamation but not later than 30 June 2004.
Amendments to the Medical Practice Act 1994
[7]. The Medical Practitioners Board may grant or refuse to grant specific registration as a medical practitioner to an applicant where it is satisfied that the practitioner will not practise during the period of registration.
[8]. Substitutes section 13(1A) which related to an application for renewal of registration supplying information to the Medical Practitioners Board that will enable the Medical Practitioners Board to seek information on the main areas of medicine in which the applicant has been practising during the registration period, any continuing medical education undertaken, whether or not the applicant intends to practise medicine in the period for which registration is to be renewed and if so, the main areas of medicine in which the applicant intends to practise. A practitioner will also be required to provide a postal address for contact purposes.
[9]. Substitutes Division 1 of Part 3 of the Act concerning notifications and the commencement of investigations.
New section 22 inserts provisions for a person to make a notification to the Medical Practitioners Board about particular matters relating to a medical practitioner's ability to practise, or a practitioner’s professional performance or conduct.
[11]. Repeals section 28 and inserts new sections 27 and 28.
New section 27 provides that the Medical Practitioners Board may suspend the registration of a medical practitioner or medical student at any time, where in the opinion of the Board there is a serious risk that the health and safety of the public will be endangered. Such a suspension remains in place until an investigation or hearing is completed, unless the suspension is otherwise revoked.
[23]. Inserts new sections 48A and 48B to provide for one or more preliminary conferences to be held for certain purposes by a person appointed by the Board; and enable the Board to require the attendance of a medical practitioner or medical student at those conferences.
[30]. Inserts new sections 63A to 63K dealing with directing or inciting unprofessional conduct.
New section 63A creates an offence for an employer of a medical practitioner (whether a natural person or body corporate) to direct or incite unprofessional conduct. 63D provides that the Secretary is entitled to presume (in the absence of proof to the contrary) that a person convicted twice in a ten (10) year period under 63A is not a fit and proper person to operate a medical services business.
New section 63E creates an offence of operating a business while prohibited from doing so following a conviction under the Act.
New section 63G makes provision for the Secretary to require certain information to be supplied by a person convicted under section 63A or 63E, concerning the identity of any person having a management or controlling role in the medical business.
Sub-section 63G(8) and (9) provides for a limited form of protection against self-incrimination for a natural person. The section however requires a natural person to produce documents even where the production may tend to incriminate that person.
The Committee notes the limitation of the privilege against self-incrimination The Committee has previously accepted that such a provision strikes an appropriate balance between the competing interests of obtaining information and protecting individual’s rights. The Committee draws attention to the provision. |
Amendments to the Nurses Act 1993
[37]. Inserts new sections 63A to 63J. New section 63A creates an offence for a nurse's agent (whether a natural person or body corporate) to direct or incite unprofessional conduct by a registered nurse and 63C provides that convicted offenders may be prohibited from carrying on business. 63D makes it an offence to carry on a business or practice whilst prohibited.
New section 63F makes provision for the Secretary to require certain information concerning the identity of persons having a management or controlling role in a nurses agent business to be supplied to the Secretary by a person who has been convicted under section 63A or 63D. Sub-sections 63F(8) and (9) provide for a limited form of protection against self-incrimination. The sub-section requires a person to produce documents even where the production may tend to incriminate.
The Committee notes the limitation of the privilege against self-incrimination The Committee has previously accepted that such a provision strikes an appropriate balance between the competing interests of obtaining information and protecting individual’s rights. The Committee draws attention to the provision. |
63H require the Secretary to keep a register of, and particulars relating to, all prohibitions issued under section 63C and 63J and to notify the Nurses Board and certain bodies defined under the Health Services Act 1988 of any such prohibition.
[47]. Repeals the Medical Practitioners (Private Hospitals) Act 1984
The Committee notes that this was one of the unproclaimed Acts referred to in the Committee’s report on the Statute Law (Further Revision) Bill tabled on 19 March 2002. |
The Committee makes no further comment.
Introduced: 27 March 2002
Second Reading Speech: 28 March 2002
House: Legislative Assembly
Minister introducing Bill: Hon. R. Hulls MLA
Portfolio responsibility: Attorney-General
Purpose
The Bill provides for the vesting in Jewish Care of certain property; and that certain trust funds may be applied as if created in favour of Jewish Care.
Note:
Jewish Care (Victoria) Inc. was incorporated on 1 February 2001 as a result of the amalgamation of Jewish Community Services Inc. and Montefiore Homes for the Aged Inc. Jewish Care continues to provide all of the services that were provided by the amalgamated entities prior to the amalgamation.
Content and Committee comment
[Clauses]
[2]. Provides that the Act will commence operation on the day after Royal Assent.
[4]. Provides for gifts, dispositions or trusts of property made in favour of, or for a charitable purpose of, Jewish Community Services or Montefiore Homes (whether made by deed, will or otherwise whether made before or after the commencement of the Bill) to be vested in Jewish Care.
[5]. Provides for trust funds created in favour of, or for a charitable purpose of, Jewish Community Services or Montefiore Homes (whether made by deed, will or otherwise whether created before or after the commencement of the Bill) to be vested in Jewish Care.
The Committee makes no further comment.
Melbourne City Link (Further Miscellaneous Amendments) Bill
Introduced: 27 March 2002
Second Reading Speech: 28 March 2002
House: Legislative Assembly
Minister introducing Bill: Hon. P. Batchelor MLA
Portfolio responsibility: Minister for Transport
Purpose
This Bill amends the Melbourne City Link Act 1995 (the Act) and is focussed on making further provisions in relation to land; restricting the acquisition of Units in the Trust, extending the period for purchasing pass products, leasing land, providing a legislative regime for the construction and use by the Link corporation of a site at Burnley and providing for a lower fine for first time toll offenders.
Content and Committee comment
[Clauses]
[2]. The provisions in the Bill come into operation on proclamation but not later than 31 December 2002.
[12]. Substitutes section 73C (2A) of the Act to allow for back-dating of temporary registration to use City Link. The amendment will allow 24 hour registration to be sought the day after use of the road.
[13]. Substitutes section 82(1) of the Act to impose a lower infringement fine of $40, or such other amount (not exceeding $100) as may be prescribed, for the first infringement notice issued to a person and impose a $100 fine on any subsequent infringement notices issued.
The Committee makes no further comment.
Water (Irrigation Farm Dams) (Amendment) Bill
Introduced: 20 March 2002
Second Reading Speech: 21 March 2002
House: Legislative Assembly
Minister introducing Bill: Hon. R. Hulls MLA for Hon. S. Garbutt MLA
Portfolio responsibility: Minister for Environment and Conservation
Purpose
The Water (Irrigation Farm Dams) Bill (the Bill) proposes amendments to the Water Act 1989 to complete Victoria's water allocation framework by requiring licensing of all irrigation and commercial use in a catchment. The Bill was debated by the Legislative Assembly and the Legislative Council in the Spring 2001 Parliamentary Sittings but was not passed by both Houses.
The Bill provides for the commencement of a number of key sections on 1 February 2002. There are also several references throughout the Bill to 1 February 2002, 31 January 2003 and 1 February 2003. This Bill provides for the amendment of those dates to enable the Bill to be implemented in an orderly manner and to avoid the retrospective application of provisions.
Content and Committee comment
[Clauses]
[2]. The Bill comes into operation on Royal Assent.
[3]. Amends clause 2(2) of the Farm Dams Bill to provide for the commencement of the clauses in the Farm Dams Bill relating to registration licences (clauses 19(2), 19(4), 20, 25(1), 26, 27, 28 and 31) to occur on 1 July 2002 rather than 1 February 2002. The clause also inserts a new clause 2(3) into the Bill which provides that the Bill is to be deemed to have been enacted as amended by this Bill.
[4]. Makes consequential amendments to various dates of operation in clauses 19(2), 32(3), 42(4) and 56 of the Farm Dams Bill as a result of the amendment to the commencement clause of the Bill.
The Committee makes no further comment.
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Scrutiny of Acts and Regulations Committee Last
Updated 17/4/2002 |