Scrutiny of Acts and Regulations Committee
Alert Digest No 4 of 2007
Tuesday, 17 April 2007
[Back to Table of Contents]
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Introduced:
13 March 2007
Second Reading Speech: 15 March 2007
House: Legislative Assembly
Minister introducing Bill: Hon. Daniel Andrews MLA
Portfolio responsibility: Minister for Gaming
Purpose
The Bill amends the Gambling Regulation Act 2003 (the ‘Act’) and the Racing Act 1958 to make new provision for betting on sporting and other events.
Note: Under the proposed legislation, it is an offence for a sports betting provider to offer bets on events held in Victoria without having a betting agreement in place with the relevant sports controlling body or else a determination of the Victorian Commission for Gambling Regulation (Commission).
The betting agreement is to cover the payment of fees (if any) and the sharing of information.
Content and Committee comment
[Clauses]
[2]. The provisions in the Bill come into operation on proclamation but not later than by 1 July 2008.
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The Committee reports to Parliament pursuant to a term of reference provided in section 17(a)(vi) of the Parliamentary Committees Act 2003, – ‘inappropriately delegates legislative power’. |
| The Committee refers to its Practice Note No. 1 of October 2005 in respect to delayed commencement provisions greater than one year from Royal Assent and notes that it will routinely request explanatory material where a provision infringes the one year rule. The Committee will seek further information from the Minister concerning the need or desirability for such an extended delay in bringing the Act into force. Pending the Minister’s response the Committee draws attention to the provision. |
[3]. Provides for the substitution of a new Part 5 (Approved Betting Competitions and Sports Betting) of Chapter 4 of the Act containing amendments related to the regulation of betting on sporting and other non-racing events. Responsibility for approving betting on sporting events is transferred from the Minister to the Victorian Commission for Gambling Regulation. The Bill will provide a mechanism to allow sports controlling bodies to negotiate with sports betting providers to provide sports betting on approved sporting events. There is to be a dispute resolution mechanism where a betting provider cannot reach agreement with a sports controlling body.
New section 4.5.20 provides that a person whose interests are affected by a relevant decision of the Commission may apply to VCAT for a review of that decision.
The Bill creates new offences that –
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prohibits betting on specific contingencies that have been prohibited by the commission (4.5.29).
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prohibits a sports betting provider, based either in Australia or overseas, from offering bets on Victorian events without either the written agreement of the sports controlling body or else a binding determination of the commission (4.5.31).
The Bill also creates a dispute resolution mechanism for circumstances in which a betting provider and a sports controlling body are unable to reach an agreement.
The Committee notes the Statement of Compatibility in respect to Charter rights implications in respect to privacy and reputation and notes the summary contained in the Statement of Compatibility –
Each of these new sections* may have implications for the privacy of gamblers, sports players and officials. However, none of the sections unlawfully or arbitrarily interfere with their right to privacy.
In developing information policies and information-sharing arrangements, sporting bodies and sports betting providers must still comply with their obligations under privacy legislation. The new sections in no way limit or interfere with these obligations.
Consequently, the Bill is compatible with the right to privacy.
*Sections 4.5.14, 4.5.23 and 4.5.26
[7]. Provides for the automatic repeal of this amending Act on the first anniversary of its forced commencement.
The Committee makes no further comment
Howard Florey Institute of Experimental Physiology and Medicine (Repeal) Bill 2007
Introduced:
13 March 2007
Second Reading Speech: 15 March 2007
House: Legislative Assembly
Minister introducing Bill: Hon. John Brumby MLA
Portfolio responsibility: Minister for Innovation
Purpose
The Bill repeals the Howard Florey Institute of Experimental Physiology and Medicine Act 1971 (the ‘Act’) and provides for the transfer to another entity of all property, rights, liabilities and staff of the Howard Florey Institute of Experimental Physiology and Medicine.
The Committee notes the Preamble to the Bill –
The Howard Florey Institute of Experimental Physiology and Medicine Act 1971 was enacted to establish a body corporate known as the Howard Florey Institute of Experimental Physiology and Medicine (‘the Institute’).
It is proposed to establish a body to be called the Florey Neuroscience Institutes which will be involved in the establishment of a research centre to be called the Australian Centre for Neuroscience and Mental Health Research. The Institute will be involved in the Florey Neuroscience Institutes.
To facilitate the involvement of the Institute in the Florey Neuroscience Institutes it is expedient to repeal the Howard Florey Institute of Experimental Physiology and Medicine Act 1971 and to provide for the transfer of all property, rights and liabilities held, and staff employed, by the Institute to a company, limited by guarantee, incorporated under the Corporations Act that is to be the successor in law of the Institute.
Content and Committee comment
[Clauses]
[2]. The Bill will come into operation on 1 July 2007.
[4]. Repeals the Act.
[5]. Abolishes the former body (Howard Florey Institute of Experimental Physiology and Medicine), the Board and any Committee and provides that on the commencement day the new body is the successor in law of the former body.
[7]. Provides that any person employed by the former body immediately before the commencement day is to be regarded, on and from the commencement day, as having been employed by the new body under the same terms and conditions and as having accrued an entitlement to benefits equivalent to the entitlement accrued whilst an employee of the former body.
[9]. Provides that students undertaking studies at the former body may continue those studies at the new body on and from the commencement day on the same terms as conditions that applied to the students before that day.
[11]. Provides that the Governor in Council may make regulations under the Bill which contain provisions of a savings and transitional nature, and further provides that these provisions may be made retrospective in operation to a day on or after the commencement day.
Note: The explanatory memorandum states that the ‘power of retrospectivity has been included in the Bill to ensure that the savings and transitional provisions in the regulations will operate effectively’.
The Committee makes no further comment
Infertility Treatment Amendment Bill 2007
Introduced:
13 March 2007
Second Reading Speech: 14 March 2007
House: Legislative Assembly
Minister introducing Bill: Hon. Bronwyn Pike MLA
Portfolio responsibility: Minister for Health
Please click here to go to Committee report.
Road Legislation Amendment Bill 2007
Introduced:
13 March 2007
Second Reading Speech: 15 March 2007
House: Legislative Assembly
Minister introducing Bill: Hon. Tim Pallas MLA
Portfolio responsibility: Minister for Roads and Ports
Purpose
The Bill —
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amends the nomination process under the “owner onus” provisions of the Road Safety Act 1986 (the ‘Act’), the Melbourne City Link Act 1995 and the EastLink Project Act 2004 to replace the requirement for sworn statements or statutory declarations with a simpler written statement requirement;
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amends the “operator onus” provisions of the Act to ensure that a proceeding may be commenced against any person who again becomes a responsible person in relation to a motor vehicle or trailer not later than 12 months after that event;
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extends to trailers and towed motor vehicles certain evidentiary provisions of the Act;
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amends the EastLink Project Act 2004 to redefine the meaning of trip; and allow the area for which the Freeway Corporation is a referral authority to be extended;
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amends the Melbourne City Link Act 1995 to limit the roaming fee that may be charged by the relevant corporation for providing a roaming service in relation to the use of EastLink; and provide for the definition of tollway operator to include tollway operators in Victoria.
Content and Committee comment
[Clauses]
[2]. The provisions in the Bill other than of clauses 11,
12 and 18 will come into operation the day after Royal Assent. Clauses
11 and 12 will come into operation on or before 1 July 2007.
Clause 18 will come into operation on a day to be proclaimed. If not earlier
proclaimed, it will come into operation on 1 January 2009.
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The Committee reports to Parliament pursuant to a term of reference provided in section 17(a)(vi) of the Parliamentary Committees Act 2003, – ‘inappropriately delegates legislative power’. |
| The Committee assumes that clause 18 will come into operation when the EastLink project comes on stream. The Committee refers to its Practice Note No. 1 of October 2005 in respect to delayed commencement provisions greater than one year from Royal Assent and notes that it will routinely request explanatory material where a provision infringes the one year rule. The Committee will write to the Minister seeking a clarification of the explanatory memorandum in respect to clause 18. Pending the Minister’s response the Committee draws attention to the provision. |
[3 and 4]. Amends sections 66 and 86 of the Act to introduce the new statement method for avoiding or transferring “owner onus” liability in respect of a traffic camera offence and parking infringement cases. The amendments remove references to statutory declarations and sworn statements and replace them with references to written statements.
It is an offence to make such a statement where the person making it knows the information it contains is false or misleading.
[5]. Inserts a new section 103M into the Act (transitional provision) that deals with the phasing in of the new statement method and how it replaces the current statutory declaration/sworn statement process. The new section will enable a person to use the new statement method as soon as the amendments set out in clauses 3 and 4 take effect, even if the offence was committed before then.
[6 and 7]. Amends section 87 and inserts a new section 124 of the Melbourne City Link Act 1995 to introduce the new statement method for avoiding or transferring “owner onus” liability in respect of a tolling offence under that Act. The amendments parallel those to be made in respect of “owner onus” for traffic camera offences under clause 3—see the notes on clause 3 above and provides transitional provisions that deals with the phasing in of the new statement method and how it replaces the current statutory declaration/sworn statement process.
[8]. Amends section 219 of the EastLink Project Act 2004 to introduce the new statement method for avoiding or transferring “owner onus” liability in respect of a tolling offence under that Act. Again, the amendments parallel those to be made in respect of “owner onus” for traffic camera offences under clause 3. No transitional provision is needed in relation to this provision because tolling has not commenced.
[10]. Amends proposed new section 84BI of the new operator onus provisions to provide that it is an offence for a person in an illegal user statement, known user statement, sold vehicle statement, unknown user statement or nomination rejection statement to provide information that the person knows to be false or misleading in a material respect.
[11]. Inserts a new section 3AC into the Act to provide that the driver of a motor vehicle which is towing a trailer is to be taken to be the “driver” of the trailer for the purposes of that Act.
[18]. Inserts a new Division 5 (Link roaming agreements) in Part 4 of the Melbourne City Link Act 1995.
[20]. Provides for the automatic repeal of this amending Act on the first anniversary of the first day on which all the provisions of the amending Act have commenced.
The Committee makes no further comment
Statute Law Repeals Bill 2006
Introduced:
19 December 2007
Second Reading Speech: 15 March 2007
House: Legislative Assembly
Minister introducing Bill: Hon. Steve Bracks MLA
Portfolio responsibility: Premier
Purpose
The Bill revises the statute law of Victoria by repealing spent Acts.
Content and Committee comment
[Clauses]
[2]. The provisions in the Bill come into operation on the day after Royal Assent.
[3]. Provides for the Acts listed in the Schedule to be repealed.
[4]. Provides for the repeal of Act 5 Vict No. 14 of New South Wales (1841 Bank of Australasia) to the extent that it applies to Victoria.
[5]. Provides for the automatic repeal of this Act on the first anniversary of the day on which it receives the Royal Assent.
Schedule
The Acts set out in the Schedule are spent in their operation and fall into 3 categories —
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Spent Principal Acts (items 1.1 to 1.17).
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Spent amending Acts (items 2.1 to 2.92) with transitional or substantive provisions. The amendments or repeals made by these Acts are wholly in operation and have amended or repealed the provisions of Acts they were enacted to amend or repeal. The transitional and saving provisions are no longer required because of the passage of time and subsequent enactments since the Acts were enacted. The substantive provisions are no longer required because they have taken effect or are spent. Any residual or continuing effect of the transitional and saving provisions and the effect of the validation provisions will be saved by section 14 of the Interpretation of Legislation Act 1984.
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Spent amending Acts which are wholly in operation and have amended the Acts they were enacted to amend and contain no transitional or substantive provisions.
The Committee makes no further comment
Scrutiny
of Acts and Regulations Committee
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