Alert Digest No.
10 of 1995
Part 3
COMPETITION POLICY REFORM (VICTORIA) BILL
6.1
This Bill was introduced into the Legislative Assembly on 6 September 1995 by the Honourable Jeff Kennett MP with the Honourable Pat McNamara MP.
6.2
Representatives from the Department of Premier and Cabinet attended a meeting with and provided material to the Committee on 29 September 1995. The Committee notes that matters arising from legislation which is the result of State and Commonwealth agreements are discussed in "Discussion Paper No.1 on the Scrutiny of National Scheme Legislation". The Committee further notes that Victorian law will be modified by Commonwealth law pursuant to agreement between the State and the Commonwealth.
6.3
The Bill is a direct result of the agreements reached on 11 April 1995 between the Premiers, the Prime Minister and the Chief Ministers to implement the proposals of the National Competition Policy Review Committee chaired by Professor Hilmer. Its purpose is to apply certain laws of the Commonwealth relating to competition policy as laws of Victoria. The Committee notes the comments in the Second Reading Speech:-
"Under the national competition policy adopted by all Australian Governments, all jurisdictions will cooperate to ensure that universal and uniformly applied rules of market conduct apply to all market participants regardless of their form of ownership.........
The Bill is modelled on the Act prepared and recently passed in New South Wales. That Act was prepared following discussions between the State Parliamentary Counsels of each of the jurisdictions. It is understood that each of the other States and the Territories will also enact application legislation based on the New South Wales Act."
6.4
Part 2 - The Competition Code, Part 3 - Citing the Competition Codes
Part 4 - Application of competition codes to Crown
Clause 3 sets out various definitions. Clause 4 sets out the text of the Competition Code. Clause 6 provides for future modifications of the Competition Code text. Clause 8 sets out the application of the Competition Code. Part 3 governs the citation of and references to the Competition Code. Part 4 sets out the application of Competition Codes to the Crown. Clause 15 specifies activities which do not amount to carrying on of a business for the purposes of the specified sections.
6.5
Part 5 - National administration and enforcement of competition codes
Part 6 - Miscellaneous
Part 7 - Transitional rules
Part 5 provides for the national administration and enforcement of competition codes. Pursuant to clause 21 jurisdiction is conferred on the Federal Court. Clauses 24, 25 and 26 apply Commonwealth laws to offences under the Code or the Codes of other jurisdictions. Clauses 30, 31, 32 and 33 apply Commonwealth administrative laws to the Competition Code in the Victorian jurisdiction and the Code of other jurisdictions. Clause 34 ensures that there is no doubling-up of liabilities in respect of offences committed under the Competition Code in this jurisdiction and an offence committed under the Trade Practices Act 1974 (Cth). Under clause 37 all fees, taxes and penalties that are under the application of the Act authorised or directed to be payable by or imposed on any person must be paid to the Commonwealth. Clause 39 gives the Governor in Council the power to make regulations not inconsistent with the Act. Part 7 contains transitional provisions. Clause 41 ensures that existing contracts made before 19 August 1994 (the date the legislative scheme was announced) are not subject to the Competition Code. However the Code applies to future conduct in relation to contracts made after that date. Clause 43 ensures that a person is not liable to a pecuniary penalty under the Code for conduct that happens within 2 years after the day on which the Competition Policy Reform Act 1995 of the Commonwealth received the Royal Assent.
6.6 ¯ Variation of Section 85 of the Constitution Act 1975 (Section 4D(b)(i)(ii) and (iii) of the Parliamentary Committees Act 1968
Clause 38 declares its intention to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to ensure that the Supreme Court does not have jurisdiction with respect to matters with respect to which jurisdiction is conferred on the Federal Court of Australia under section 21, except as provided by section 23. Section 21 provides that jurisdiction is conferred on the Federal Court of Australia with respect to all civil and criminal matters arising under the Competition Code of this jurisdiction.
The Committee notes the comments in the Second Reading Speech:-
"Clause 38 of the Bill provides that it is the intention of that clause to alter or vary section 85 of the Constitution Act 1975. This provision precludes the Supreme Court from entertaining civil and criminal matters under the Competition Code other than those which arise under any law of Victoria relating to the cross-vesting of jurisdiction.
The reason for limiting the jurisdiction of the Supreme Court is as follows. The Bill, the Competition Policy Reform Act 1995 (Cth) and the complementary legislation of other States and Territories will establish a national scheme for the administration of the competition code of this jurisdiction and the codes of other jurisdictions as if the code were a single commonwealth law. This scheme will allow the codes to be administered in a nationally consistent way and in the same manner as Part IV of the Trade Practices Act 1974 of the Commonwealth.
To give effect to this national scheme, the Bill and the complementary state and territory legislation will vest jurisdiction concerning code matters in the Federal Court. This will be to the exclusion of the jurisdiction of local courts other than jurisdiction arising from local cross vesting of jurisdiction laws. As a result, the Codes will be administered in the same manner as if they were a Commonwealth law and in the same manner as Part IV of the Trade Practices Act 1974.
It would reduce the effectiveness of the national scheme if the Supreme Court of a State had additional jurisdiction concerning matters arising under the code as such a variation to the scheme will allow the code to be administered in a State in a manner which will not be consistent with the administration of other Codes in other jurisdictions."
The Committee is of the view that the proposed provision is appropriate and desirable in all the circumstances.
7.1
This Bill was introduced into the Legislative Assembly on 6 September 1995 by the Honourable Rob Maclellan MP with the Honourable Bill McGrath MP.
7.2
The main purpose of the Bill is to amend the Building Act 1993 to improve the administration of that Act.
7.3
Clause 4 amends section 30 to provide that any documents lodged with the relevant council must be accompanied by the prescribed fee. Clause 5 clarifies the current situation to provide that the relevant building surveyor must not allow for the temporary occupation of a building on a temporary basis where such occupation is to be an interim step to permanent occupation of a building under an occupancy permit. Clause 7 amends section 79 to insert additional circumstances in which a private building surveyor may not act. Clause 8 amends section 104 to provide that an emergency order remains in force until it is complied with or it is cancelled under section 105 or the Building Appeals Board under section 142. (see Clause 10 later)
Clause 9 amends section 135 to provide additional flexibility in the preparation of Ministerial Orders relative to building practitioner insurance. Clause 10 amends section 142 which provides for the appeal to the Building Appeals Board by owners in respect of building notices. The amendment ensures that the owner or occupier of a building may appeal to the Board in respect of a refusal of the municipal building surveyor to cancel an emergency order or a failure to cancel within a reasonable time. Clause 11 clarifies that an appeal against such a refusal does not stay the operation of the order.
7.4
Clause 12 enables the Building Appeals Board to consult with additional parties. Clause 13 amends section 162 which relates to consultation requirements of the Building Appeals Board to provide that where there is no reporting authority, the relevant council is to take that place. Clause 15 amends section 170 which relates to registration, to insert the meaning of "qualification" for the purposes of that section. Clause 16 enables the Building Practitioners Board to decide not to revoke a building practitioners suspension where the period of suspension has been for more than 3 years. Clause 17 sets a threshold of $3000 for the value of building work associated with a building permit before the Building Permit Levy is to apply.
Clause 18 amends section 207 to enable the Minister to appoint an additional member to the Building Advisory Council who has experience in the building industry. Clause 19 provides for the increase in the membership of the Building Advisory Committee by one person who has experience in the building industry.
7.5
Clause 20 clarifies the operation of the Act in respect of Crown lessees and licensees. Clause 21 substitutes new provisions in respect of the requirement for owner-builders to obtain insurance. Clause 22 inserts new provisions in respect of the improper use of information. Clause 23 amends the regulation making powers. Clause 24 amends Schedule 2 to include the appropriate prescribed fee which must be included when making an application for a building permit or occupancy permit. Clause 25 amends Schedule 2 to provide that an applicant for a permit may appeal to the Building Appeals Board against a failure of a reporting authority which is a council or an officer of a council to inform the relevant building surveyor or the applicant of the prescribed time of its consent or refusal of consent or reasons for that refusal. The Building Appeals Board must consider the appeal and may make any orders it considers appropriate.
The Committee makes no further comment.
Committee Room
29 September 1995
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