ALERT DIGEST 13 of 1995
Part 3
MISCELLANEOUS ACTS (OMNIBUS AMENDMENT) BILL
7.1
This Bill was introduced into the Legislative Assembly on 25 October 1995 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.
7.2
The purpose of the Bill is to make technical amendments to several Acts and to repeal the Exhibition Act 1957, the Livery and Agistment Act 1958 and the Management and Budget Act 1983.
7.3 ¯ Part 2 - Borrowing and Investment Powers Act 1987 - Part 3 - Business Names Act 1962
Clauses 6 and 7 substitute new sections 6 to 9 and 11 which enable authorities to enter into financial arrangements and obtain financial accommodation in Australia and overseas. Clause 8 amends the Schedule to the Act. It inserts various provisions which apply to the Authorities set out in the Schedule. It also inserts additional authorities (eg: the Docklands Authority, the Trustees of the Parliamentary Contributory Superannuation Fund, the Transport Accident Commission and the Victorian WorkCover Authority) and the provisions of the Act which apply to those authorities.
Clause 10 makes amendments to various Acts set out in Schedule 1. In particular, item 8 amends the section 11, the delegation provision Victorian Funds Management Corporation Act 1994. Its effect is to allow the Corporation to delegate to any other person any power of the Corporation. The Committee is of the view that the provision may contravene section 4D(a)(ii) of the Parliamentary Committees Act 1968. The Committee is of the view that the provision should either specify the powers to be delegated or the class of persons who are the recipients of the delegated power. The Committee has written to the Minister.
Clause 13 repeals section 12(2A) of the Business Names Act 1962 to ensure notification to the Office of Fair Trading and Business Affairs, in addition to the Australian Securities Commission, of a change of name and/or address of the registered office, of a company which holds a registered business name. Clause 15 enables lodgment of a copy signature to be sufficient for the purposes of the Act in circumstances where a copy document is lodged under the Act or the regulations. Clause 16 permits lodgment of documents by facsimile transmission. Clause 19 changes the requirements in respect of evidence which may be led to demonstrate that a person is carrying on business under a business name. Under the old provision evidence had to be led in court to demonstrate that a business was carried on at premises. Under the new provision, it is sufficient to prove that a business name has been displayed. In the absence of proof to the contrary, a person is deemed to be carrying on business under that business name.
7.4 ¯ Civil Aviation (Carriers' Liability) Act 1961
Clause 20 amends a number of provisions to the above Act. The Committee notes the comments in the Second Reading Speech:-
"The Bill will mirror for intra-state aviation, changes being made at the Commonwealth level for inter-state aviation. Under current arrangements it is possible that consumers may receive no compensation if a carrier does not have sufficient funds or assets to meet its liabilities in circumstances where an insurer might seek to declare a policy void when, for example, the operator has been negligent. The implementation of mandatory insurance by the Bill will minimise the likelihood of such occurrences...........
The Bill will introduce mandatory insurance provisions which will impose substantial but justified responsibilities on operators. The net financial effect should be negligible because most operators will already have appropriate levels of insurance. The proposal has support in principle from the major airline operators, the Regional Airlines Association of Australia, the General Aviation Association of Australia and the aviation underwriting industry."
7.5 ¯ Part 5 - Corporations (Victoria) Act 1990, Part 6 - Evidence Act 1958, Part 7 - Exhibition Act 1957
Clause 21 allows for the winding up of the Companies Liquidation Account which was established under the above Act. The Committee notes the comments in the Second Reading Speech:-
"Unclaimed moneys were required to be paid into the Companies Liquidation Account for three months prior to being transferred to the Consolidated Fund. Crediting the monies to a Trust Account prior to transferring them to the Consolidated Fund adds no value but incurs monthly administrative accounting costs. Accordingly the Bill repeals this unnecessary process."
Clauses 22 and 23 make various amendments to sections 130 and 131. Their effect is to abolish the licensing requirements for court reporters and to remove the power of the Governor in Council to regulate the fees of private sector court reporters. The Committee notes the comments in the Second Reading Speech:-
"The requirement that court reporters in Victoria must be licensed is neither in line with interstate practices nor does it conform with the Government's objective of regulatory reform. The current licensing system prevents interstate reporters from working in Victoria and prevents the market from responding to fluctuating demands......Adequate standards will be maintained through the introduction of internal administrative procedures of the Department of Justice."
Clause 24 repeals the Exhibition Act 1957.
7.6 ¯ Part 8 - Extractive Industries (Lysterfield) Act 1986
Part 9 - Financial Management Act 1994
Part 10 - Historic Buildings Act 1981
Part 11 - Interpretation of Legislation Act 1984
Part 12 - Juries Act 1967
Part 13 - Livery and Agistment Act 1958
Clause 25 amends the Extractive Industries (Lysterfield) Act 1986. Proposed section 8 extends the scope of the lease of the land, the extractive industry lease and extractive industry licence relating to Lysterfield quarry land to provide for the construction of a water storage tank and associated pipelines and works to supply water to nearby residential suburbs. Proposed section 10 provides for the operation and effect of the leases, the licence and the planning permit. Proposed section 11 provides that the Minister may impose terms and conditions on particular sub-leases of the Lysterfield quarry land.
Clause 26 reinstates the original section 6 to enable the Minister for Finance to declare a financial year other than the year ending 30 June for a public body. The power cannot be used if another Act provides for the financial year of a public body. Clause 27 amends the definitions in the Historic Buildings Act 1981. Clause 28 provides that reprints of the Interpretation of Legislation Act 1984 for any other Australasian State, if the law of that state corresponds with section 54(2B) of the Act, shall be admissible in evidence before all courts and persons acting judicially within Victoria. Clause 29 makes a consequential amendment to the Juries Act 1967. Clause 30 repeals the Livery and Agistment Act 1958.
7.7 ¯ Part 14 - Management and Budget Act 1983
Part 15 - Marine Act 1988
Clause 31 repeals the Management and Budget Act 1983. Clause 32 makes amendments to various Acts as set out in Schedule 2. Clause 33 amends the Marine Act 1988. Those people who give breath samples and are required to give blood samples have those samples taken by registered medical practitioners, not legally qualified practitioners as is currently the case. It also substitutes "the person who operated the instrument" for "a person authorised by the Chief Commissioner of Police to operate breath analysing instruments". It also inserts a new sub-section (2AA) in to section 33. That sub-section provides "a certificate referred to in sub-section (2) does not cease to be admissible in evidence or to be conclusive proof of the facts and matters referred to in that sub-section only because of the fact that it refers to the Road Safety Act 1986 and not to the Marine Act 1988 and the reference to the Road Safety Act 1986 in that certificate and in each other certificate produced by the breath analysing instrument in respect of the sample of breath must be construed for all purposes as a reference to the Marine Act 1988". The Committee has written to the Minister seeking further clarification of the operation of clause 23 and advice as to the effect of the changes.
7.8 ¯ Part 16 - Melbourne Exhibition Centre Act 1994
Part 17 - Museums Act 1983
Part 18 - Public Holidays Act 1993
Part 19 - Road Safety Act 1986
Clauses 34 to 39 make various amendments to the Melbourne Exhibition Centre Act 1994. The functions of the Melbourne Exhibition Centre Trust are expanded and the powers of the Trust are amended. A new schedule illustrates the Melbourne Exhibition Centre Land. Clauses 40 to 43 amend the Museums Act 1983. They expand the objectives of the Museum Council, amend the powers of the Council and add additional functions of the Council. Clause 45 inserts a new Division 8 which provides for the transition from the Exhibition Trustees.
Clauses 40 to 46 make provision for the Exhibition land. Clause 47 makes provision for a full day public holiday to be substituted for 2 public half-day holidays and 2 public half-holidays to be substituted for a full public holiday.
Clause 51 amends the Road Safety Act 1986. It makes the same amendments in respect of the breath test provisions as are made to the Marine Act 1988. The Committee has written to the Minister seeking further clarification of the operation of clause 51 and advice as to the effect of the changes.
7.9 ¯ Part 20 - Shop Trading Act 1987
Part 21 - Sport and Recreation Act 1972
Part 22 - Transport Act 1983
Clause 53 substitutes section 5(1)(b) and (c) of the Shop Trading Act 1987. It simplifies the procedure for determining a shop closing day in the City of Greater Geelong on the day appointed by the Greater Geelong City Council as a public holiday. Clause 54 makes provision for the new public holiday substitution provisions. Clause 55 is a savings provision for shops in a former metropolitan area. Clause 57 abolishes two advisory councils to the Minister, namely the State Sports Council and the Community Recreation Council. Clause 58 repeals outdated and spent provisions.
Clause 60 makes the same amendments to the Transport Act 1983 in respect of the breath test provisions as are made to the Marine Act 1988. The Committee has written to the Minister seeking further clarification of the operation of clause 60 and advice as to the effect of the changes. Clause 61 amends references in the Transport Act 1983 from "legally qualified practitioners" to "registered" practitioners. Clause 62 amends the provisions in the Transport Act 1983 relating to tow trucks in respect of persons who may travel as a passenger in a tow truck. The Committee notes the comments in the Second Reading Speech:-
"Accident tow trucks from time to time undertake break-down tows and, applying the law strictly, drivers and passengers in disabled vehicles cannot be carried in accident tow trucks performing those types of tows. This is undesirable and the amendment proposed will alleviate this problem."
MISCELLANEOUS ACTS (HEALTH AND JUSTICE) AMENDMENT BILL
8.1
This Bill was introduced into the Legislative Assembly on 25 October 1995 by the Honourable Marie Tehan MP with the Honourable Phil Gude MP.
8.2
The purpose of the Bill is to make miscellaneous amendments to the Dentists Act 1972, the Health Services Act 1988, the Magistrates' Court Act 1989 and the Prostitution Control Act 1994.
8.3 ¯ Part 2 - Dentists Act 1972
Part 3 - Health Services Act 1988
Clause 3 provides that a dental therapist is to be employed under the direction and control of the Minister, the Secretary or an authorised registered funded agency in connection with the provision of dental services to children. Clause 5 inserts the definition of "multi purpose service". Clause 6 inserts a new Part 4A which relates to multi purpose services. The members of the board of management are nominated by the Minister and appointed by the Governor in Council. A board member is entitled to be paid expenses incurred in holding office. The Minister may order the closure of a multi purpose service after the preparation of a report and consideration of any submissions. Such closure is effected by the direction of the Governor in Council published in the Government Gazette. Similarly, amalgamation may be ordered by the Governor in Council and publication in the Government Gazette.
Clause 7 amends section 138 and allows a multi purpose service to charge fees. Clause 8 extends the quality assurance protection to multi purpose services. Clause 12 amends the definition of "day procedure centre". The Committee notes the comments in the Second Reading Speech:-
"The term 'same day' contained in the definition of a day procedure centre in section 3 of the Act is to be changed to the 'same date'. A patient is expected to be admitted to and discharged from a day procedure centre on the same day as the medical procedure is performed. Some operators of a day procedure centres are interpreting 'same day' to mean a 24 hour period and are keeping patients at the centre overnight, something the centre is not equipped to do. Registered day procedure centres operate generally within conventional business hours and are required as part of their registration to indicate arrangements with a private or public hospital for the referral of patients who cannot be safely discharged on the same day as the procedure. Changing 'same day' to 'same date' reflects more clearly the intent of the definition. The change also means that the definition conforms to the Australian national health data dictionary definition of a same day patient."
Clause 13 inserts a new section 95A which allows for the cancellation of the registration of a health service establishment. Clause 14 allows a person to apply to the Chief General Manager for approval in principles of premises proposed to be constructed for use as a health service establishment of a particular kind or for alterations or extensions to premises used or proposed to be used as health service establishment. Clause 15 allows for the voluntary revocation of a certificate of approval relating to a health service establishment. Clause 16 establishes a criteria for registration whether all conditions to which the approval in principle is subject have been met. Clause 19 allows an authorised officer to search unregistered premises with a warrant obtained from the Magistrates' Court.
8.4 ¯ Part 4 - Magistrates' Court Act 1989
Part 5 - Prostitution Control Act 1994
Clause 24 amends Schedule 4 of the Magistrates' Court Act 1989. It amends it to include the new indictable offence under section 75 of the Prostitution Control Act 1994 as amended by Part 5 of this Bill. Clause 26 makes it an offence for a child over the age of 18 months to be in a brothel. Clause 27 amends sub-sections 19(2) and 20(2) which create offences relating to a prostitute working while being infected with a prescribed sexually transmitted disease. The amendment provides that it is a defence to a charge under sections 19 and 20 where it can be proved that the prostitute was undergoing regular blood tests every three months and regular swab tests on a monthly basis. Clause 28 extends the exemption from licensing in section 23. It is extended to other small, one or two person owner-operated prostitution service providers such as private escort worker etc. Clause 30 amends sections 33 and 50 to require all licence applicants and managers for whom approval is sought to consent to having his or her fingerprints taken by the Board or police. Clause 32 amends section 62 to give an inspector or above rank of the police the power to enter, without a warrant, the premises of a suspected illegal small owner-operated business. The power does not extend to parts of premises used solely as a residence. Clause 36 makes various amendments which clarify the operation of section 75. Clause 37 amends section 87 to provide certain exceptions in relation to the divulging of information by police. The amendments specify where police can divulge information to a court or to certain prescribed authorities or persons or in circumstances certified by the Minister to be in the public interest. Clause 39 amends section 90 to enable the regulations to provide for the imposition of a penalty of up to 40 penalty units for contravention of the regulations.
The Committee makes no further comment.
CASINO (MANAGEMENT AGREEMENT) (FURTHER AMENDMENT) BILL
9.1
This Bill was introduced into the Legislative Assembly on 25 October 1995 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.
9.2
The purpose of the Bill is to amend the Casino (Management Agreement) Act 1993 to ratify a second Deed of Variation to the management agreement.
9.3
Clause 4 inserts the definition of "the second deed of variation". Clause 6 provides for the second Deed of Variation to the management agreement. Clause 8 amends section 11 to clarify a reference. Clause 9 inserts Schedule 3 which contains the second Deed of Variation to the management agreement for the Melbourne Casino.
The Committee makes no further comment.
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