Alert Digest No. 1
of 1995
7 March 1995
1.1
This Bill was introduced into the Legislative Assembly on 7 December 1994 by The Honourable Jan Wade MP with The Honourable Phil Gude MP.
1.2
This Bill gives effect to the recommendations made by the Scrutiny of Acts and Regulations Committee in its First Report on Redundant and Unclear Legislation tabled in November 1994. The Act repeals Acts and provisions of Acts which no longer have any purpose or effect.
1.3
The Committee is pleased that the Government has acted on its recommendations. The introduction of this Bill contributes significantly to the reduction of redundant legislation in the Statute Book.
2.1
This Bill was introduced into the Legislative Assembly on 7 December 1994 by The Honourable Geoff Coleman MP with The Honourable Phil Gude MP.
2.2
The purposes of this Bill are:-
- to establish the Victorian Coastal and Bay Management Council;
- to provide for the establishment of Regional Coastal Boards;
- to provide for coordinated strategic planning and management for the Victorian coast;
- to provide for the preparation and implementation of management plans for coastal Crown land;
- to provide a coordinated approach to approvals for the use and development of coastal Crown land.
2.3 ¯ Parts 1 and 2
Clause 6 establishes the Victorian Coastal and Bay Management Council. Its members are appointed by the Governor in Council on the recommendation of the Minister. Clause 8 sets out the functions of the Council. Clauses 9 and 10 establish coastal regions and Regional Coastal Boards. Clause 11 sets out the membership of the Boards. Clause 12 sets out the functions of the Boards.
2.4 ¯ Part 3 - Coastal planning
Clauses 14 and 15 provide for Victorian Coastal Strategies which must be prepared by Councils established under this Bill. Clause 16 sets out the Council's consultation requirements. Clause 22 provides for Coastal Action Plans which must be prepared by Regional Coastal Boards. Clause 24 sets out the Boards' consultation requirements.
Clause 30 provides that the Secretary or a committee of management may prepare a management plan for any area of coastal Crown land. The Secretary is a body corporate called "the Director-General of Conservation, Forests and Lands" established under section 6 of the Conservation, Forests and Lands Act 1987. Clause 32 provides that the Minister may approve, refuse to approve or amend a management plan. An approved management plan must be published in the Government Gazette.
Clause 40 provides that the Minister may consent or refuse to consent to the use or development of Coastal Crown land. The Minister is obliged to make a decision within 28 days of the receipt of an application for consent to use or develop coastal Crown land.
2.5 ¯ Part 4 - Other amendments
Clauses 41 to 45 make various amendments to other Acts.
Clause 44 amends section 61 of the Planning and Environment Act 1987 to provide that a responsible authority must not grant a permit to use or develop coastal Crown land unless the Minister has consented to the use or development.
Clause 45 amends section 82A of the Planning and Environment Act 1987 and provides that an applicant for a permit for the use or development of coastal Crown land cannot appeal to the AAT against a decision by a responsible authority to refuse to grant the permit if the Minister administering that Act has refused or is deemed to have refused to consent to that use or development under that Act. Similarly, an applicant for a permit for the use or development of coastal Crown land cannot appeal to the AAT in respect of the failure of the responsible authority to grant the permit within the prescribed time, if the Minister administering that Act has not consented to that use or development under that Act. Any appeal would have to be brought on common law grounds in the Supreme Court.
The Committee makes no further comment.
DEFENCE RESERVES RE-EMPLOYMENT BILL
3.1
This Bill was introduced into the Legislative Assembly on 7 December 1994 by The Honourable Phil Gude MP with The Honourable Tom Reynolds MP.
3.2
The main purposes of the Bill are:-
- to protect the civilian employment of part-time members of the Reserve Forces who have completed certain periods of full-time service.
- to provide for the continuation of rights given by the Discharged Servicemen's Preference Act 1943.
3.3
The Committee recognises that there are competing interests as between the small number of employers whose rights may be affected and the protection of the rights of reservists who seek to return to employment after serving the nation. The Committee recognises the public policy as to assisting those reservists who serve Australia under the obligations imposed on it by the United Nations Peace keeping charter.
3.4
Clause 5 provides that the Minister on the recommendation of the Board may by notice published in the Government Gazette "declare" an area for the purposes of the Act. Clause 6 provides for the declaration of "qualifying service" published by notice in the Government Gazette. Clause 7 provides for the re-employment of eligible reservists.
Clause 3 establishes a Defence Reserves Re-Employment Board. The Board consists of 3 members appointed by the Governor in Council. Clause 9 sets out the functions of the Board. Clause 13 requires the Board to submit an annual report.
3.5
Part 4 contains miscellaneous provisions. Clause 16 provides that a prosecution for an offence against the Act may only be brought by the Board with the authorisation of the Minister. Clauses 17 and 18 make minor amendments to the Discharged Servicemen's Preference Act 1943 and contain transitional provisions. Clause 19 sets out the regulation making power.
The Committee makes no further comment.
4.1
This Bill was introduced into the Legislative Assembly on 7 December 1994 by The Honourable Tom Reynolds MP with The Honourable Phil Gude MP.
4.2
This Bill is part of a national legislative scheme. The Bill largely mirrors the Commonwealth Act. Complementary legislation is also being introduced by New South Wales, Queensland and the Australian Capital Territory.
4.3
The purposes of the Bill are to:-
- to provide for the collection of samples from State competitors and the testing of those samples for the presence of scheduled drugs or doping methods;
- to confer functions and powers for the above purposes on the Australian Sports Drug Agency;
4.4
Clause 3 sets out various definitions. "State competitor" is defined as a person-
(a) who competes or has been selected to compete, as a representative of the State, in a sporting event or series of sporting events, either as an individual or as a member of a team;
(b) who is included in a group of persons formed for the purpose of the selection of persons to compete, as representatives of the State, in a sporting event or series of sporting events, either as individuals or as members of a State team;
(c) who competes in sporting activities or participates in training for competition in sporting activities and is receiving state support;
(d) whose name is entered in the Register under this Act and who, as a direct or indirect result of having his or her name so entered, has been prevented from participating or has become eligible to participate in sporting events or sporting activities;
Clause 8 confers particular functions on the Australian Sports Drug Agency including the collection of samples from State competitors. Clause 9 sets out the Agency's powers. The Agency is entitled to collect reasonable fees.
4.5 ¯ Part 3 - Sampling of State Competitors
Clause 10 provides that the Agency may request a State competitor to provide a sample to the Agency. Clause 11 governs the taking of samples from children. The Agency must not take a sample unless the parent or guardian of the child has been given written notice, consents to the sample being taken and is present while the sample is being taken.
Clause 12 provides that if a State competitor fails to comply with a request to provide a sample, the Agency must give the competitor written notice of the failure to comply. The competitor may make submissions to the Agency for the reasons for failing to comply. If the Agency decides that the State competitor did not have reasonable cause for failing to comply, it must send a written notice to the competitor including its reasons. The competitor may appeal to the Commonwealth Administrative Appeals Tribunal for review of the decision. If a competitor has failed to provide a sample, the Agency may enter the competitor's name on the Register of Notifiable Events maintained by the Agency under the Commonwealth Act. If the Commonwealth Administrative Appeals Tribunal sets aside a decision of the Agency, the Agency must remove the competitor's name from the Register as soon as practicable.
Pursuant to clause 15 the agency must decide whether a positive result is valid or invalid. If the Agency decides that the result is valid, the Agency must give written notice of its decision to the competitor including its reasons. If a competitor is dissatisfied with the decision he or she may apply to the Commonwealth Administrative Appeals Tribunal for review of the decision.
4.6 ¯ Part 4 - General
Clause 23 protects a State competitor by prohibiting disclosure of information relating to the competitor. Clause 24 provides that the Agency may delegate its powers to any employee of the Agency, the Chairperson of the Agency or the Chief Executive of the Agency. Clause 25 is the regulation making provision.
The Committee makes no further comment.
NATIONAL ENVIRONMENT PROTECTION COUNCIL (VICTORIA) BILL
5.1
This Bill was introduced into the Legislative Assembly on 7 December 1994 by The Honourable Geoff Coleman MP with The Honourable Phil Gude MP.
5.2
This Bill establishes the National Environment Protection Council and amends the Environment Protection Act 1970 to allow agreed national environment protection measures to be adopted as law in Victoria.
It forms part of a legislative scheme that involves the enactment of the National Environment Protection Council Bill 1994 by the Commonwealth and a complementary Bill by each of the participating States, the Northern Territory and the Australian Capital Territory.
5.3
Clause 8 establishes the National Environment Protection Council. Clause 12 sets out the functions of the Council. Clause 14 provides that the Council may make national environment protection measures. Clause 15 sets out the general considerations in making national environment protection measures.
Pursuant to clauses 17 and 18 the Council must prepare a draft of proposed measures and an impact statement. There must also be public consultation. Clause 19 states that the Council is to have regard to impact statements and submissions. The Committee notes with satisfaction the similarity between the procedures set out in clauses 17,18 and 19 and the requirements imposed on the preparation of regulatory impact statements set out in s. 10 of the Subordinate Legislation Act 1994. The issue of national scheme legislation was discussed at The First Australasian and Pacific Conference on the Scrutiny of Bills and the Fourth Australasian and Pacific Conference on Delegated Legislation in Melbourne on 28-30 July 1993.
Clause 23 requires the Victorian Minister to prepare a annual report on the implementation of national environment protection measures during that year. The report must be submitted to the Council.
5.4 ¯ Part 4
Part 4 sets out the requirements with respect to the meetings of the Council and the establishment and meetings of its committees. Clause 29 establishes the National Environment Protection Committee.
5.5 ¯ Parts 5 , 6 and 7
Part 5 establishes the NEPC Service Corporation and sets out its functions and powers. Clause 39 provides that there is to be an NEPC Executive Officer.
Part 6 sets out the various provisions with respect to finance. Clause 61 gives the Council the power to delegate its functions and powers to specified individuals or bodies. Clause 63 is the regulation making power. Clause 64 provides for review of the Act after five years.
5.6 ¯ Part 8
Part 8 makes various amendments to the Environment Protection Act 1970.
The Schedule contains the Intergovernmental Agreement on the Environment.
The Committee makes no further comment.
CORPORATIONS (VICTORIA)(AMENDMENT) BILL
6.1
This Bill was introduced into the Legislative Assembly on 2 March 1995 by The Honourable Jan Wade MP with The Honourable Phil Gude MP.
6.2
This Bill provides for the jurisdiction of lower courts in civil matters arising under the Corporations law and makes other minor amendments. On 30 June 1994 the Commonwealth Parliament passed the Corporations Legislation Amendment Bill. In accordance with the aim of uniformity of the National scheme, all State and the Northern Territory agreed to introduce amending legislation which complements the Commonwealth amendments.
6.3 ¯ Part 2
Part 2 provides for the conferral of jurisdiction on lower courts. Clause 5 inserts a new section 42B in the Act to vest jurisdiction in all Australian lower courts in respect of civil matters arising under the Corporations Law. Clause 7 inserts a new section 44AA into the Act to provide for the transfer of civil matters between lower courts.
6.4 ¯ Part 3
Part 3 makes general amendments. Clause 11 amends section 75 which provides for the application of certain provisions of the Evidence Act 1905 under the Corporations law. The amendment is consequential on the proposed enactment of the Commonwealth Evidence Act 1994. Clause 12 amends section 91 of the Act to clarify the powers and functions of the Commonwealth DPP in relation to offences under the former Companies Codes. Clause 13 enacts savings and transitional provisions which are consequential on the amendments made by the Bill.
The Committee makes no further comment.
TRANSPORT (TOW TRUCK REFORM) BILL
7.1
This Bill was introduced into the Legislative Assembly on 2 March 1995 by The Honourable Alan Brown MP with The Honourable Phil Gude MP.
7.2
This Bill amends the Transport Act 1983 to improve the operation of the provisions regulating tow trucks.
7.3 ¯ Part 2
Clause 3 inserts various definitions. Clause 4 inserts new sections 172-172N. It makes provision for trade towing licences, heavy accident tow truck towing licences and accident towing licences. New clause 172D sets out various restrictions on the granting of new heavy accident tow truck towing licences. Authorisation must be obtained by the Authority from the Minister. When the Minister authorises the granting of new licences, the reasons must be published in the Government Gazette. The same restrictions apply to the granting of new accident towing licences as per new clause 172E.
New clause 172H sets out the procedures which apply to the grant of new licences. An applicant can apply to the AAT for review of a decision by the licensing authority to refuse to grant an application pursuant to new section 172I. New clause 172J sets out the eligibility of a person with a criminal record to hold a towing licence.
New clause 172L provides for the creation of an allocation centre roster. New clause 172N is a savings provision. Clause 6 amends section 174AB to provide review by the AAT of criminal record ineligibility declarations. Clause 7 inserts new sections 174C-174E which relate to allocation centre roster entitlements. Savings provisions are set out in new section 174E.
Clause 11 inserts a new section 176A which sets the obligations on repairers in respect of towed vehicles. Clause 12 inserts a new section 177 which makes it an offence to tout or solicit for work at an accident scene. New section 177A provides for a cooling-off period of 48 hours for towing related repair agreements. Clause 14 inserts new sections 181A-181C which provide for the suspension and cancellation of licences if certain offences are committed. New clause 181B establishes a Demerits Register. A person can apply to the AAT for review of the Secretary's decision in respect of suspension of a licence on specified grounds.
Clause 16 inserts new sections 182A-182G into the Act relating to requirements of accident towing authorities. New section 182B provides that the Authority must grant an accident towing licence if certain requirements are met. New clause 182C sets out the obligations of authority holders. New section 182G provides for review by the AAT of the authority's refusal to grant an accident towing driver authority.
Clause 17 provides for the Roads Corporation to declare controlled areas by notice published in the Government Gazette. New section 183B makes it an offence to attend an accident without an authorisation and a job number by the allocation centre.
Clause 18 extends the regulation making power of the Governor in Council with respect to the matters specified from "(e) to (h)". Clause 19 amends sections 131 and 138A of the Act to enable the Secretary to the Department of Transport to administer tow truck licences and accident towing driver authorities. Clause 20 amends section 147 of the Act to ensure that holders of accident towing licences pay an annual fee as determined under section 147B in respect of each allocation centre. Pursuant to section 147B the licensing authority may determine fees payable.
Clause 22 amends section 32 to clarify that delegations made under the authority of that section may be made for powers contained in regulations made under the Act as well as powers contained in the Act itself, ie: the Minister may delegate specified powers under the Act and the regulations. Clause 23 provides that any regulations made pursuant to section 215G may be of general or limited application or may differ according to differences in time, place or circumstance. Clause 24 makes statute law revision amendments.
The Committee makes no further comment.
Committee Room
3 March 1995
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