ALERT DIGEST 13 of 1995
Part 2

AUSTRALIAN GRAND PRIX (FURTHER AMENDMENT) BILL

4.1

This Bill was introduced into the Legislative Assembly on 25 October 1995 by the Honourable Pat McNamara MP with the Honourable Phil Gude MP.

4.2

The purpose of the Bill is to make provisions in relation to the Australian Motorcycle Grand Prix and further provision in relation to the Formula One Grand Prix. It amends the Australian Grand Prix Act 1994.

4.3

Clause 5 inserts an additional purpose into the Act in respect of the holding of Australian Motorcycle Grand Prix events at the Phillip Island Grand Prix circuit. Clause 6 inserts additional definitions. It includes further specified land in the land defined as "Albert Park". Clause 7 extends the functions and powers of the Corporation to allow it to organise, conduct, manage and promote the Australian Motorcycle Grand Prix and to carry out activities associated with the race. It allows the Corporation to carry out works in a designated access area. It allows for the collection of fees for admission and the control of admission in relation to designated access areas. It enables the Corporation to enter into leases, acquire or dispose of real or personal property. Clause 8 inserts new sections 32A and 32B. Pursuant to new section 32A, land may be declared to be a designated access area for a specified period by notice published in the Government Gazette. It enables the Corporation to enter , carry our works and use any part of the designated access area. The Corporation is not entitled to enter any building that it does not occupy. The Corporation may fence or cordon off the whole or any part of a designated access area at any other time for such period as is necessary for or incidental to the exercising of its powers in respect of that area.

New section 32B provides that within the declared area or designated access area, if the Corporation or the Committee of Management places a notice on or near a fence or cordon that contains a statement to the effect that the area is fenced or cordoned off by the Corporation or the Committee of Management, the area, is for the purposes of the Act, so fenced or cordoned off by the Corporation or the Committee of Management.

Clause 9 enables the Corporation to temporarily close any road or part of a road in a designated access area. Clause 10 requires designated access areas to be restored to a reasonable condition as soon as practicable after the end of a race period. Clause 11 substitutes a new section 37 which enables the Corporation to remove vehicles left unattended within the declared area or in a designated access area. Clause 12 inserts a new Part 3A which provides for Australian Motorcycle Grand Prix events.

4.4 _¯ Amendment of Section 51 - the regulation making provision

Clause 15 amends section 51, the regulation making provision. It extends the operation of the existing regulation making provisions to a designated access area. This means that in relation to a designated access area, regulations may be made with respect to:-

(a)  the control, management and use of the area in respect of a year during the race period in respect of that year;
(b)  the prohibition or regulation of any activity in the area in respect of a year during the race period in respect of that year;
(c)  the exclusion or expulsion from the declared area in respect of a year during the race period in respect of that year of persons found contravening the regulations.

It inserts a new sub-section (ca) into section 51 which allows regulations to be made for the purpose of the safe and orderly carrying out of works, provision of services or undertaking of activities in the declared area in respect of a year or in a designated access area, the regulation of the conduct of persons within that declared area or designated access area during a specified period not exceeding 17 weeks.

It inserts a new sub-section (cb) into section 51 which allows regulations to be made relating to the exclusion or expulsion, during a specified period not exceeding 17 weeks, from the declared area or from a designated area of persons who obstruct, hinder or endanger the carrying out of works, the provision of services or any other activity undertaken by or on behalf of the Corporation under the Act.

It enables regulations to be made with respect to the designated area in relation to the prohibition or regulation of the driving or parking or leaving parked of vehicles during the race period. Regulations may also be made with respect to the designated area in relation to the prohibition or regulation of any activity in an area fenced off or cordoned off in accordance with section 32A.

The Committee notes that the Bill allows for the making of further regulations. All regulations are scrutinised by the Subordinate Legislation Committee pursuant to its obligations under the Subordinate Legislation Act 1994.

VALUATION OF LAND (FURTHER AMENDMENT) BILL

5.1

This Bill was introduced into the Legislative Assembly on 25 October 1995 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.

5.2

The Bill amends the Valuation of Land Act 1960 to make further provision for determining the estimated annual value of land and for other purposes. The Committee notes the comments in the Second Reading Speech:-

"The main purpose of the Bill is to amend the Valuation of Land Act 1960 to override the impact of a recent decision of the Supreme Court of Victoria. The Court in The Shell Co. of Australia Limited and Another v The City of Melbourne held that depreciation should be regarded as a deductible expense in the calculation of estimated annual value. This decision overturns a long held valuation practice that depreciation was not deductible.

Estimated Annual Value is used to enable the valuer to arrive at a Net Annual Value (NAV) for those properties where NAV is not fixed by legislation at 5% of the capital improved value.

As a result of The Shell Case, the owners and/or occupiers of commercial property would be eligible to claim depreciation as an expense in the calculation of NAV. Other things being equal, this would have resulted in significant rate reductions in water rates for such property owners. In addition, where commercial properties were located in municipalities using NAV as a rate base, they would have received further rate reductions.

Throughout the State this decision would have put at risk for the 1995/6 rating year some $40 million for water authorities and $17.2 million for NAV based rating councils. These possible losses would have arisen because of the opportunities available to ratepayers to lodge objections claiming the depreciation deduction.

It is the Government's intention to pass this Bill to overcome the difficulties created by the Supreme court decision for the 1995/6 rating year and for all subsequent rating years by making it clear that depreciation is not an allowable deduction for any valuations past, present or future.

It should be noted that the amendments will not affect either the parties to The Shell Case or pending appeals or objections actually commences and in train as of 18 October 1995. However, even in these cases the NAV valuations will not make an allowance for depreciation in the 1995/6 rating year and for subsequent years."

5.3

Clause 3 inserts new section 2A which sets out the determination of the estimated annual value of any land for any valuation to give effect to the above. Clause 4 substitutes Melbourne Water Corporation and Melbourne Parks and Waterways as separate rating authorities following the restructure of Melbourne and Metropolitan Board of Works.

THE CONSTITUTION ACT AMENDMENT (AMENDMENT) BILL

6.1

This Bill was introduced into the Legislative Assembly on 25 October 1995 by the Honourable Jeff Kennett MP with the Honourable Pat Mcnamara MP.

6.2

The purpose of the Bill is to amend the timetable currently set out in the Constitution Act Amendment Act 1958 in relation to the minimum election period, that is the period between the issuing of the writ for an election and the polling day from 33 to 25 days. It also makes various other administrative amendments to the Act.

6.3

Clause 4 enables the appointment of a returning officer for a province and more than one district. Clause 5 amends section 148 to so that the Electoral Commissioner may advertise the location of polling places on the polling day, not before polling day as was the previous requirement. This means that advertisement of the location of polling places can take place either on polling day, before polling day or both as may be required. Clause 6 repeals sub-section (5) of section 149. Its effect is to allow by-elections for Provinces to be held on the same day as a State election.

Clause 7 amends sections 154 and 154A to:-

• reduce the period after the date of the writ to the close of the rolls from 7 to 3 days;
• reduce the minimum period after the date of the writ for the date of nomination of candidates from 11 to 10 days;
• reduce the minimum period after the date of nomination for the polling date from 22 to 15 days.

Clause 8 amends sections 159 and 159A to allow candidates nominated by the registered officer of a registered political party to be nominated by lodging nomination forms with the Electoral Commissioner or the appropriate returning officer. Clause 9 removes the requirement concerning polling places with more than one polling booth, that each booth is to be used by a part of the electorate based on a division of the electorate according the first letter of surnames. Its effect is to allow all voters within an electorate to be able to record their votes at any one of the ballot boxes at a polling place. Clause 10 removes the requirement that silent voters (that is, persons whose addresses do not appear on the roll due to an application under 121A of the Act) are required to complete a declaration unless they are absent or postal voters. The amendments also remove special procedures contained in section 185A for silent voter voting and allow silent voters to vote according to normal voting procedures.

6.4

Clause 11 amends section 201D so as to allow voters who are patients in special hospitals which are within their own District, to vote as ordinary, rather than as absent voters. Clause 12 adds a new provision which allows a returning officer to conduct an indicative preferred distribution of preferences if the returning officer has completed the count of all ballot papers and is directed to conduct the indicative distribution by the Electoral Commissioner. Clause 13 amends various sections. Its effect is to remove the requirement that persons making oral application for postal votes must complete written declarations. Clause 14 makes various amendments. Its effect is to allow each registered general postal voter to receive ballot material as soon as practicable after the close of nominations. Clause 15 repeals the definitions of "format how to vote card" and "sample how to vote card". Clause 16 substitutes new sections 267I to 267N which relate to the submission of how to vote cards and the review of the Electoral Commissioner's decision. Clause 17 makes consequential amendments. Clause 18 fixes the maximum amount for electoral expenses for candidates in elections to both Houses to be $5000. Clauses 19 and 20 replace references to the State Electoral Office with references to the Victorian Electoral Commission.

The Committee makes no further comment.

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