ALERT DIGEST 8 of 1994
The Committee has considered the following Bills
Appropriation (Parliament 1994-95, No. 1) Bill
Appropriation (1994-95, No. 1) Bill
Dentists (Amendment) Bill
Property Law (Amendment) Bill
Emerald Tourist Railway (Amendment) Bill
Royal Agricultural Show-Grounds (Amendment) Bill
Margarine (Repeal) Bill
Agriculture (Registered Occupations) Bill
Financial Management (Amendment) Bill
Liquor Control (Amendment) Bill
Lotteries Gaming and Betting (Betting) Bill
The Committee reports on the following Bills
Appropriation (Parliament 1994-95, No. 1) Bill
Appropriation (1994-95, No. 1) Bill
Dentists (Amendment) Bill
Property Law (Amendment) Bill
Royal Agricultural Show-Grounds (Amendment) Bill
Margarine (Repeal) Bill
Agriculture (Registered Occupations) Bill
Lotteries Gaming and Betting (Betting) Bill
Consideration is proceeding on the following Bills
Emerald Tourist Railway (Amendment) Bill
Financial Management (Amendment) Bill
Liquor Control (Amendment) Bill
APPROPRIATION (PARLIAMENT 1994-95, NO. 1) BILL
1.1
This Bill was introduced into the Legislative Assembly on 7 September 1994 by the Honourable Alan Stockdale MP, the Treasurer with the Honourable Jeff Kennett MP, the Premier.
1.2
The Bill provides appropriations for the administration and operations of the Parliament.
1.3
Clause 3 defines "works".
Clause 4 provides for the issue of moneys out of the Consolidated fund. Schedule 1 sets out the application of the moneys for recurrent works and services in the sum of twenty nine million, nine hundred and twenty one thousand and four hundred dollars.
The Committee makes no further comment.
APPROPRIATION (1994-95, NO. 1) BILL
2.1
This Bill was introduced into the Legislative Assembly on 7 September 1994 by the Honourable Alan Stockdale MP, the Treasurer with the Honourable Jeff Kennett MP, the Premier.
2.2
This Bill provides appropriations for works and services for the financial year 1994-5.
2.3
Clause 3 defines "works".
Clause 4 provides for the issue of moneys out of the Consolidated Fund. Schedule 1 sets out the application of the moneys for the works and services of the various departments. The total sum appropriated is fourteen thousand three hundred and eighty four million five hundred and seventy thousand and six hundred dollars.
Clause 8 provides appropriation authority for additional funding approved by the Treasurer during 1993-4 from the Public Account. Details of the additional funding are set out in Schedule 2.
Clause 9 provides appropriation authority for additional funding approved by the Treasurer during 1993-4 from funds appropriated for Advance to the Treasurer under the Department of Treasury. Details are set out in Schedule 3.
The Committee makes no further comment.
3.1
This Bill was introduced into the Legislative Council by the Honourable Rob I. Knowles MLC on 7 September 1994.
3.2
This Bill amends the Dentists Act 1972. The main purposes of the Bill are to:-
- amend the regulation making powers;
- give the Dental Board the power of entry onto premises with a warrant;
3.3
Clause 2 is the commencement clause. The Committee commends the forced commencement procedure.
Clause 4 amends section 9, the regulation making power to enable the incorporation of national standards and guidelines including the "Guidelines for the prevention of viral infection in Dentistry" published by the National Health and Medical Research Council.
Clause 5 gives the Dental Board the power to make application to a Magistrate for the issue of a search warrant to enter premises. This means that the Board can investigate complaints and brings the legislation into line with the other States.
The Committee makes no further comment.
4.1
This Bill was introduced into the Legislative Council by the Honourable Mark Birrell MLC on 6 September 1994.
4.2
This Bill makes minor amendments to the Property Law Act 1957 to correct spelling errors.
The Committee makes no further comment.
ROYAL AGRICULTURAL SHOW-GROUNDS (AMENDMENT) BILL
5.1
This Bill was introduced into the Legislative Council by the Honourable Bill Baxter MLC on 7 September 1994.
5.2
This Bill amends the Royal Agricultural Show-grounds (Amendment) Act 1994. The Bill has three major purposes:-
- to transfer the benefit of the Crown Grant Land from the Royal Agricultural Society of Victoria to a company limited by guarantee called "R.A.S.V. Limited";
- to remove prohibitions on the use of the Crown Grant Land which forms part of the Showgrounds;
- to enable the land for which the prohibitions have been removed to be subject to planning controls.
5.3
Clause 2 is the commencement clause. The Committee commends the forced commencement procedure.
Clause 4 amends section 2 provides that the net profits from the use of the Showgrounds land is to be applied for the "purposes" of the Royal Agricultural Society. It does not restrict the profits to be used solely for the improvement of the land and other purposes as is set out in the original Act.
Clause 5 inserts new sections 4, 5 and 6. The new section 4 provides for the application of planning schemes to the Showgrounds land. This effectively lifts the previous prohibition set out in the old section 2 that prevented horse races, car races, motor races and coursing such as greyhound racing. The new section 5 provides for the change of name on instruments where necessary. The new section 6 provides that the Registrar of Titles may make any changes necessary.
The Committee makes no further comment.
6.1
This Bill was introduced into the Legislative Assembly on 7 September 1994 by the Honourable Bill McGrath MP with the Honourable Pat McNamara MP.
6.2
This Bill repeals the Margarine Act 1975.
Clause 4 provides for the refund of licence fees to the holders of current licences who make application for refunds. The Consolidated Fund is appropriated to the extent necessary.
The Committee notes the comments in the Second Reading Speech:-
"The repeal of the Act will abolish licensing controls (presently manufacturers must pay an annual fee of $5 on each tonne produced) as well as labelling and packaging restrictions. Consumer protection is now comprehensively provided through the National Food Standards Code......Repeal of the Act is supported by both margarine manufacturers and dairy manufacturers.
Any future legitimate consumer and industry concerns about equitable treatment of butter and margarine can be addressed in relevant food standards legislation."
The Committee makes no further comment.
AGRICULTURE (REGISTERED OCCUPATIONS) BILL
7.1
This Bill was introduced into the Legislative Assembly on 7 September 1994 by the Honourable Bill McGrath MP with the Honourable Pat McNamara MP.
7.2
This Bill amends the Dried Fruits Act 1958 and the Prevention of Cruelty to Animals Act 1986. In line with mutual recognition legislation, the main purpose of the Bill are to repeal the registration requirements for partially registered occupations, namely:-
- dried fruits classers; and
- animal experimenters.
7.3
Clause 3 repeals the licensing requirements for dried fruit classers. The Committee notes that it is now a matter for the Board to employ suitable people to class dried fruits which is its central function.
Clause 4 repeals the registration requirements for animal experimenters
Clause 5 amends the Prevention of Cruelty to Animals Act 1986. It essentially lifts the requirement that all scientific procedures must be carried out by or under the supervision of an experimenter registered under the Act. All references to "experimenter employed in an establishment" have been replaced with "the establishment or a person who is carrying out a scientific procedure for the establishment". Sub-clause 4 makes it an offence for any person to carry out procedures in contravention of the licence conditions of the establishment. Sub-clause 5 removes the reference to the registration of experimenters from the appeals provisions to the Administrative Appeals Tribunal. Sub-clause 6 removes the reference for registration of experimenters from the regulation making provisions.
The Committee notes the comments in the Second Reading Speech:-
"This Bill will repeal the requirement for registration of experimenters and ensures that the Animal Experimentation Ethics Committees which already exist at all licensed establishments, approve of any person proposing to carry out scientific procedures on animals.....This Bill will ensure that methods for the approval of individuals as experimenters are similar to personal licensing systems that exist in other States......Scientific establishments must be licensed and must form and animal experimentation ethics committee which must approve of any particular scientific procedures before they begin....The Government has determined through the consulting process of the animal welfare advisory committee, that animal welfare organisations and research scientists have accepted the provisions of this Bill as it relates to animal experimentation."
The Committee makes no further comment.
LOTTERIES GAMING AND BETTING (BETTING) BILL
8.1
This Bill was introduced into the Legislative Assembly on 7 September 1994 by the Honourable Tom Reynolds MP with the Honourable Ian Smith MP.
8.2
This Bill amends the Lotteries Gaming and Betting Act 1966 and the Stamps Act 1958. The main purposes of the Bill are to:-
- provide for the recognition of prior illegal betting offences in another State or Territory for penalty purposes;
- strengthen the provisions dealing with unauthorised dissemination of betting information to recognise the use of modern communications technology; and
- provide for the retrospective assessment of turnover tax for offences involving the possession of instruments of betting.
8.3
Clause 2 is the commencement clause. The Committee commends the forced commencement procedure.
Clause 4 amends sections 18, 23 and 66 of the Lotteries Gaming and Betting Act 1966 to provide for the recognition of an offence against a law of another State as being a relevant offence for the determination of penalties under those sections. The penalties under those sections relate to:-
- possession of an instrument of betting;
- owner or occupier of a betting house;
- betting in the street;
The Committee notes the comments in the Second Reading Speech:-
"Although the legislation dealing with illegal betting in Victoria is regarded by the police as generally being adequate, weaknesses have been identified largely as a consequence of the use of modern communications technology by illegal operators and their ability to relocate the base of their operations in other jurisdictions in order to avoid the more severe penalties for second and subsequent offences in any one jurisdiction. The issue has been discussed at a national conference of Ministers responsible for Racing and all States and Territories have agreed in principle with the need for offences in any jurisdiction to be taken into account in assessing penalties for illegal betting.
There is also an inconsistency in the current legislation whereby offenders are liable for retrospective assessment of turnover tax under the Stamps Act for offences involving street betting and betting on premises but are not so liable for offences involving the possession of instruments of betting."
Clause 5 amends section 40 to extend the restrictions on dissemination of information to include "any electronic, mechanical or telephonic means of communication." It also amends section 40(1)(e) to delete all references to specific groups of races in respect of which odds may be advertised for feature doubles betting and provides for their approval by way of notice published in the Victorian Government Gazette. The Committee notes that this provides for a single point of reference for all approved races and eliminates the need for amending legislation when race names are changed.
Clause 6 amends section 128A(1) of the Stamps Act 1958 to extend the liability for assessment of turnover tax in respect of illegal betting offences to include offences under section 66B of the Lotteries Gaming and Betting Act 1966, ie; possession of an instrument of betting.
The Committee makes no further comment.
Committee Room
12 September 1994
