Scrutiny of Acts and Regulations Committee

Alert Digest No 10 of 2004

Tuesday, 16 November 2004

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Building (Cooling Towers and Plumbing)(Amendment) Bill

Introduced: 14 October 2004
Second Reading Speech: 4 November 2004
House: Legislative Assembly
Minister introducing Bill: Hon. Mary Delahunty MLA
Portfolio responsibility: Minister for Planning and
Minister for Health

Purpose

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

make changes concerning the registration of cooling tower systems, and risk management plans and risk management plan audits in relation to those systems; and
make changes concerning compliance certificates issued for certain plumbing work; and
make various miscellaneous amendments to that Act in relation to plumbing matters.

Content and Committee comment

[Clauses]

[2]. Provides for the commencement of provisions in the Bill. Most provisions commence on Royal Assent. Division 2 of Part 2 commences on 1 March 2005. Sections 16 and 19 come into operation on 1 February 2006.

[4]. Inserts a new section 75DI into the Act that deems as having been validly made, various previous registrations or renewals of registration that were made out of time, made by the Commission of a cooling tower system.

[10]. Substitutes a new section 75EA into the Act to provide that the owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that a risk management plan exists in respect of the system at all times that the system is in operation. The method for determining whether a cooling tower system is in operation is described in new section 75AC of the Building Act 1993.

[14]. Inserts a new section 75JF into the Act to permit the Secretary to the Department of Human Services to disclose cooling tower information to certain other government bodies to assist them with their statutory functions.

[22]. Inserts a new clause 10(7) into Schedule 3 to the Act to clarify the voting and quorum requirements in those situations where a member of the Board holds 2 or more positions on the Board ex officio.

The Committee makes no further comment

Children and Young Persons (Koori Court) Bill

Introduced: 14 October 2004
Second Reading Speech: 3 November 2004
House: Legislative Assembly
Minister introducing Bill: Hon. Rob. Hulls MLA
Portfolio responsibility: Attorney-General

Purpose

The Bill amends the Children and Young Persons Act 1989 (the ‘Act’) to establish a Koori Court (Criminal Division) of the Children's Court; and to provide for the jurisdiction and procedure of that Division with the objective of ensuring greater participation of the Aboriginal Community in the sentencing process of the Children's Court (Criminal Division) so as to assist in achieving more culturally appropriate sentences for young Aboriginal people.

Content and Committee comment

[Clauses]

[2]. Saving section 10, the provisions in the Bill come into operation on Royal Assent. Section 10 comes into operation on proclamation but not later than by 1 July 2007. (In respect to clause 10 see notes below).

[6]. Inserts new sections 16A to 16D in the Act establishing a new Koori Court (Criminal Division) of the Children's Court and provides it with such of the powers of the Children's Court as are necessary to enable it to exercise its jurisdiction.

New section 16D deals with the sentencing hearing in the Koori Court (Criminal Division) and allows that Division to consider any oral statement made to it by an Aboriginal elder or respected person.

[7]. Inserts a new section 27A in the Principal Act which provides for the appointment of Aboriginal elders or respected persons.

[8]. Inserts a new section 280BA in the Act which provides a rule making power in respect of the Koori Court (Criminal Division).

[9]. Inserts in Schedule 3 of the Act a new clause 27 which provides that the amendments made to the Act by clause 6 of the Bill apply with respect to a proceeding for an offence, irrespective of when the offence was committed or the proceeding commenced.

[10]. This is a sunset clause which repeals the amendments to the Act made by clauses 4, 5, 6, 7 and 8. The explanatory memorandum notes that the repeal provisions recognise the pilot nature of the Children's Koori Court.

The Committee makes no further comment

Courts Legislation (Judicial Appointments and Other Amendments) Bill

Purpose

The Bill consolidates the offices of acting judge and reserve judge and revamps the office of acting magistrate to create a uniform suite of legislation for acting judicial officers across the Supreme, County and Magistrates' courts. The Bill further allows service as a master to be counted for pension purposes, enable the Magistrates' Court to refer civil proceedings to mediation without the consent of the parties, amends the Court Security Act 1980 in relation to the search for and seizure of certain items and the removal of persons from court premises in certain circumstances.

Content and Committee comment

[Clauses]

[2]. Provides that Parts 1, 3, 4 and 6 of the Bill come into operation on the day after Royal Assent and Parts 2 and 5 come into effect on 1 March 2005.

[4]. Inserts new sections 80D and 80E in the Constitution Act 1975 to create the office of acting judge and to provide transitional provisions for reserve judges. New section 80D sets out the process of appointing acting judges in the Supreme Court.

[6]. Inserts a new section 11 in the County Court Act 1958 which sets out the process of appointing acting judges in the County Court. [11]. Substitutes section 9 of the Magistrates' Court Act 1989 which makes provision for the appointment of acting magistrates.

[14]. Inserts a new provision in the Constitution Act 1975 dealing with prior service as a Master of certain Courts to count, on appointment, as service in the office of Judge of the Supreme Court.

[15]. Inserts a new provision in the County Court Act 1958 dealing with prior service as a Master of certain Courts to count, on appointment, as service in the office of Judge of the County Court.

[16]. Amends section 108(1) of the Magistrates' Court Act 1989 to remove the need for consent of the parties when the Court refers civil proceedings to mediation.

[17 and 18]. Inserts a definition of "prohibited item" and "the security, good order or management of the court premises" in section 2 of the Court Security Act 1980. The amendments set out the powers an authorized officer has in relation to searching a person, any thing in the person's possession and provides for the surrender of certain items to an authorized officer. New sub-section (9) provides the grounds on which an authorized officer may refuse a person entry to a court or remove a person from the court premises.

The Committee makes no further comment

Energy Legislation (Amendment) Bill

Introduced: 14 September 2004
Second Reading Speech: 16 September 2004
House: Legislative Assembly
Minister introducing Bill: Hon. Rob. Hulls MLA
Portfolio responsibility: Attorney-General

Purpose

The Bill makes amendments to the Electricity Industry Act 2000, the Gas Industry Act 2001 and the Essential Services Commission Act 2001, to extend the operation of the existing electricity and gas industry consumer safety net arrangements until 31 December 2007, and to make further provision to protect customers of electricity and gas retailers.

Content and Committee comment

[Clauses]

[2]. Except sections 9 and 20, the provisions in the Bill come into operation on the day after Royal Assent. Sections 9 and 20 come into operation on 1 March 2005.

[9]. Inserts a new section 36A into the Electricity Industry Act 2000 to require specified electricity retailers to publish on their Internet sites, details of their market tariffs and terms and conditions for electricity supply to small retail customers, in accordance with guidelines published by the Commission.

[20]. Inserts a new section 43A to the Gas Industry Act 2001 to require specified gas retailers to publish on their Internet sites, details of their market tariffs and terms and conditions for gas supply to small retail customers, in accordance with guidelines published by the Commission.

[25]. Amends section 128 of the Gas Industry Act 2001, to clarify the circumstances in which a significant producer, or person controlling a significant producer, may also have an interest in a gas retailer, without directly breaching the cross-ownership restrictions of the Gas Industry Act 2001.

The Committee makes no further comment

Mildura College Lands (Amendment) Bill

Introduced: 14 October 2004
Second Reading Speech: 3 November 2004
House: Legislative Assembly
Minister introducing Bill: Hon. Lynne Kosky MLA
Portfolio responsibility: Minister for Education and Training

Purpose

The Bill amends the Mildura College Lands Act 1916 (the ‘Act’) to make further provision for the distribution of trust funds to schools in the Mildura region.

Content and Committee comment

[Clauses]

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

[4]. Inserts new sections 4 and 5 in the Act providing that the Minister, by order published in the Government Gazette, may declare a school in the Mildura region to be a school listed as a beneficiary in Schedule 2 for the purposes of the Act.

The Minister must ensure that an order is published as soon as practicable after it is made in the Government Gazette and a newspaper circulating generally in the Mildura region. An order made must be tabled before each house of the Parliament.

The Committee makes no further comment

Multicultural Victoria Bill

Introduced: 14 October 2004
Second Reading Speech: 3 November 2004
House: Legislative Assembly
Minister introducing Bill: Hon. Bob. Cameron MLA
Portfolio responsibility: Minister for Multicultural Affairs

Purpose

The Bill –

establishes principles of multiculturalism;
repeals the existing Victorian Multicultural Commission Act 1993 (VMC Act 1993);
re establishes the Victorian Multicultural Commission (VMC); and
establishes the reporting requirements for government departments in relation to multiculturalism.

Content and Committee comment

[Clauses]

[2]. The Act will come into operation on 1 January 2005.

[4 and 5]. Declares the principles of multiculturalism and states that the principles of multiculturalism do not create any legal right or give rise to any civil cause of action or affect in any way the interpretation of any law in force in Victoria.

4. Principles of multiculturalism

Parliament recognises that the people of Victoria are from diverse cultural, religious, racial and linguistic backgrounds and values the richness that such diversity brings to the Victorian community. It supports and promotes this diversity by recognising the following principles of multiculturalism —

(a) all individuals in Victoria are entitled to mutual respect and understanding regardless of their cultural, religious, racial and linguistic backgrounds;

(b) all individuals and institutions in Victoria should promote and preserve diversity and cultural heritage within the context of shared laws, values, aspirations and responsibilities;

(c) all individuals in Victoria (regardless of background) have shown that they can work together to build a positive and progressive future and this co-operation is to be encouraged so as to enhance Victoria as a great place in which to live, work, invest and raise a family;

(d) all individuals in Victoria are equally entitled to access opportunities and participate in and contribute to the social, cultural, economic and political life of this State and have a responsibility to abide by its laws and respect the democratic processes under which those laws are made.

5. Legal consequences of principles of multiculturalism

Parliament does not intend by section 4—

(a) to create in any person any legal right or give rise to any civil cause of action; or

(b) to affect in any way the interpretation of any law in force in Victoria.

[6 to 8]. Establishes the VMC, sets out its objectives and functions. [11 to 18]. Sets out the membership of the Commission and the terms and nature of appointment and provides for necessary administrative and machinery matters including a delegation provision (other than the power to delegate) to 2 or more members of the Commission.

[22]. Provides a regulation making power to give effect to the Act.

[23]. Repeals the Victorian Multicultural Commission Act 1993.

The Committee makes no further comment

Planning and Environment (Development Contributions) Bill

Purpose

The Bill amends the Planning and Environment Act 1987 (the ‘Act’) to —

increase the maximum community infrastructure levy to be paid in respect of the construction of a dwelling from $450 to $900;
enable Ministers and public authorities as well as municipal councils to collect and administer development infrastructure levies and community infrastructure levies;
empower the Minister to set standard levies that development contributions plans can be based upon; and
alter the provisions relating to conditions on planning permits for the provision of, or payment for, works, services or facilities.

The Committee notes this extract from the explanatory memorandum –

A development contribution under this Act is a one off payment or in-kind provision of works, services or facilities provided by a developer towards the provision of infrastructure required to meet the needs of a community resulting from the development.

Development contributions can encompass contributions for a range of physical and social infrastructure, such as roads, drainage and community facilities.

…

The Bill sets out the procedures for the collection, administration and management of any levies collected for State infrastructure.

Content and Committee comment

[Clauses]

[2]. Provides for the Act to commence on the day after Royal Assent.

[5]. Substitutes "$900" for "$450" in section 46L(1)(a) of the Act to lift the community infrastructure levy cap on the construction of a dwelling.

The Committee makes no further comment

Water Efficiency Labelling and Standards Bill

Introduced: 14 October 2004
Second Reading Speech: 3 November 2004
House: Legislative Assembly
Minister introducing Bill: Hon. Bob Cameron MLA
Portfolio responsibility: Minister for Environment

Purpose

The purpose of the Act is to provide for water efficiency labelling and for the making of water efficiency standards. The standards will specify which products must be registered and labelled and which products may voluntarily be registered and labelled. Initially the mandatory labelling products will comprise showerheads, washing machines, dishwashers and toilets.

Content and Committee comment

[Clauses]

[2]. Sections 1 and 2 commence on the day after Royal Assent. The other provisions will commence on proclamation.

The Committee notes the explanatory memorandum.

The commencement is open-ended because the Bill forms part of a cooperative scheme between the Commonwealth and the other States and the Territories and commencement needs to await legislative implementation in those other jurisdictions.

[3]. The purposes section notes that the Bill is intended to ensure that purchasers of particular types of water-use and water-saving products are provided with information to assist and encourage them to select more water-efficient products. It is also intended to encourage (and in some cases require) suppliers of these products to adopt more water-efficient technology.

[8]. Notes that the Bill is intended to form part of a cooperative scheme between the Commonwealth and the States and Territories. All State and Territory Ministers have agreed in principle to introduce complementary "mirror" legislation to operate in conjunction with the Commonwealth Act. The effect of the complementary legislation will also be to compensate for the jurisdictional gaps in the coverage of Commonwealth powers in relation to the operation of the WELS (Water Efficiency Legislation Scheme).

[13]. Comprises a note that states that the Commonwealth Act includes a provision allowing corresponding State-Territory laws to confer functions, powers and duties on certain Commonwealth officers.

[16]. Prevents persons from being punished or penalised twice for an offence under this Bill, if they have already been punished or penalised for the same offence under the Commonwealth Act.

[26]. Provides for the manufacturer of a WELS product to apply for registration of the product. [29]. Specifies grounds upon which the Regulator may refuse to register a WELS product.

[31]. Empowers the Regulator to cancel or suspend the registration in certain circumstances.

[34 to 36]. Provides a number of offence provisions including to supply a registered WELS product without a label, where the applicable standard requires the product to carry a label if registered.

[40 to 40G]. Provides for infringement notices for certain offences against the Act.

[41]. Allows the Regulator to publicise convictions against the Act, without placing any limitations on the Regulator's powers in this regard. Nor does it prevent anyone else from publicising an offence against the Act or affect any obligation on anyone to publicise an offence against the Act. It is envisaged that publicising offences against the Act will act as a deterrent to others against further offences.

[44]. Empowers the Supreme Court, on the application of the Regulator, to grant an injunction either to restrain a person who is engaging in or proposing to engage in conduct constituting an offence against the Act from engaging in that conduct, or to require the person to take such specified action as the Court determines in order to comply with the Act.

[48]. Allows WELS inspectors, in exercising their powers, to enter WELS business premises at any time when the premises are open to the public to monitor compliance with the Act. [49]. Allows a WELS inspector to otherwise enter premises with the consent of the occupier of the premises. In seeking the consent of the occupier, the WELS inspector must make the occupier aware that he or she may refuse or withdraw consent at any time.

[50]. It is not an offence for occupiers of WELS premises to refuse to allow WELS inspectors to enter or remain on their premises without a warrant. [51]. Authorises a WELS inspector to enter premises with a warrant, irrespective of the occupier's consent.

[54]. Makes it an offence for the occupier of WELS premises (at which a warrant is being exercised), not to provide the WELS inspector executing the warrant with all reasonable facilities and assistance for the effective execution of the warrant.

[58]. Enables a magistrate to issues a warrant to a WELS inspector, if the magistrate is satisfied that entering the premises is necessary to determine whether a person is complying with the Act or regulations or to investigate a possible offence against the Act.

[59]. Allows for a WELS inspector to apply for an urgent warrant by telephone, fax or other electronic means.

[63]. Provides that a person is not obliged to comply with the provisions of clauses 45 to 62 (WELS Inspectors) where to do so might entail self-incrimination.

[69 to 72]. Makes provision for rights to review administrative decisions made under the Act.

[74]. States that the Commonwealth Act includes a provision requiring the Commonwealth to pay reasonable compensation where operation of the Act would result in the acquisition of property from a person otherwise than on just terms as required under paragraph 52(xxxi) of the Constitution.

[77]. Provides for the making of regulations prescribing matters necessary or convenient to be prescribed for the purposes of the Act.

The Committee makes no further comment

World Swimming Championships Bill

Purpose

The main purposes of the Act are to —

make provision for the staging, conduct and management of the 2007 World Swimming Championships;
establish the 2007 World Swimming Championships Corporation to be responsible for the conduct and management of the Championships and provide for the Corporation's functions and powers;
provide for the management and control of all commercial aspects of the Championships in accordance with agreements with FINA, including the controlling of broadcasts, telecasts, filming and advertising and the use of logos, images and references in connection with the Championships.

Content and Committee comment

[Clauses]

[2]. The Act comes into force on proclamation but not later than by 1 May 2005.

[5]. Declares that the Act is intended to have extraterritorial effect.

[9]. Sets out the functions of the Corporation, which include to undertake and facilitate the organisation, conduct, management and promotion of the Championships and events and programs associated with Championships.

[11]. Provides that the Corporation may delegate any power, other than the power of delegation, to specified persons.

[22]. Provides that a member of the Board is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith and that any liability resulting from an act or omission that would otherwise attach to the member of the Board from such act or omission, attaches instead to the Corporation.

[32]. The Minister may make an order, published in the Government Gazette, declaring an area of land to be a Championships venue.

[58]. It is an offence to engage in conduct, which would suggest to a reasonable person that goods or services or any person has a sponsorship, approval, or affiliation with the Championships, the Corporation, FINA or Swimming Australia.

[59]. Makes it an offence to use WSC logos, images or references or any thing substantially or deceptively similar to them, if the use is for commercial purposes, other specified purposes or would suggest a sponsor-like arrangement to a reasonable person.

[60]. Sets out the circumstances and the manner in which the Corporation may authorise a person to broadcast Championships events or make sound or visual recordings.

[63]. It is an offence to broadcast, telecast or transmit any sound or image of a Championships event for profit or gain without a broadcasting authorisation.

[64]. It is an offence to make any sound or visual recording of a Championships event for profit or gain without a broadcasting authorisation.

[65]. The Corporation may authorise a person to display aerial advertising in airspace that is within sight of a Championships venue or a Championships event during the event period.

[71]. Sets out the procedure whereby the Corporation or any person authorised by the Bill or any other law to use WSC logos, images or references may apply to the Magistrates' Court for an injunction restraining a person from engaging in conduct that breaches clauses 58 and 59. The clause also sets out the circumstances in which the Court may grant an injunction.

[77]. Sets out the circumstances in which the procedure by which a member of the police force may seize goods or advertising material that are marked with or use WSC logos, images or references in a manner that has not been authorised under the Bill or any other law.

[80]. Sets out the circumstances in which a member of the police force may seize broadcasting equipment that is being used in breach of clause 63 or 64.

[86]. Sets out the circumstances in which a court may order goods, advertising material or broadcasting equipment to be forfeited to the Crown on a finding of guilt in respect of offences and provides for the subsequent disposal of any such material or equipment.

[90]. Sets out a power to make regulations to prescribe WSC logos or images or references for the purposes of Part 6 and to make regulations with respect to any other matter required or permitted to be prescribed by the Bill or necessary to be prescribed for carrying out or giving effect to the Bill.

[91]. Specifies that the Act, except for Part 1, clause 91 and Schedule 3, expires on 31 December 2009.

Those provisions expire on 31 December 2010.

Schedules

[Schedule 1]. Sets out the membership, procedure and other like administrative matters of the Board of the Corporation.

[Schedule 2]. Sets out the membership and procedure for Advisory Committees.

[Schedule 3]. Sets out the procedures following the expiry of the Act in accordance with clause 91, including the abolition of the Corporation and the transfer of any remaining assets and liabilities.

The Committee makes no further comment