ALERT DIGEST 4 of 1995

MILDURA COLLEGE LANDS (AMENDMENT) BILL

1.1

This Bill was introduced into the Legislative Assembly on 12 April 1995 by The Honourable Don Hayward MP with The Honourable Phil Gude MP.

1.2

The purposes of this Bill are to:-

• make provision with respect to the conditions of leases granted under the Act;
• provide for the funds derived from the leased land to be managed by a trustee company and distributed among a wider range of beneficiaries;
• provide for the costs of administering the Act to be paid out of those funds;
• give the Minister power to sell the land vested in the Minister under this Act;

1.3

Clause 4 amends section 2 which relates to the conditions on which land under the Act may be leased. The amendments specifies that the rental on a lease must be determined on the basis of a valuation of the land by the Valuer-General and reviewed every three years by the Valuer-General or by the application of the all groups consumer price index for Melbourne published by the Australian Statistician. A leaseholder may apply to the Land Valuation division of the Administrative Appeals Tribunal for a review of the decision made by the Valuer-General. The ownership of any improvements on any part of the lands leased by a leaseholder remains with the leaseholder.

Clause 5 amends section 2 and enables the Minister to enter into an agreement with a trustee company for the provision of services with respect to all or any part of the land vested in the Minister. It substitutes new provisions under which income generated under the Act is to be managed and distributed to the beneficiary schools. Clause 6 makes consequential amendments. Clause 7 inserts a new section 3 which gives the Minister a discretionary power for the sale of the land held in trust and for the use to which the proceeds of such a sale may be applied. Clause 8 substitutes a new Schedule 2 which lists all schools to be beneficiaries of the income generated under the Act. Clause 9 sets out the application of the Act.

The Committee makes no further comment.

CORONERS (AMENDMENT) BILL

2.1

This Bill was introduced into the Legislative Assembly on 12 April 1995 by The Honourable Jan Wade MP with The Honourable Phil Gude MP.

2.2

This Bill amends the Coroners Act 1985. Its purposes are to:-

• provide for the Victorian Institute of Forensic Medicine; and
• make further provision for inquests into deaths.

2.3 _¯ Parts 1 and 2

Clause 3 changes the name of the Victorian Institute of Forensic Pathology to the Victorian Institute of Forensic Medicine. Clause 4 inserts additional objects into the Act. Clause 5 inserts additional functions of the Institute into the Act. Clause 6 inserts a new section 66A into the Act in respect of powers. It gives the Institute the power to enter into agreements for services provided by it and impose fees and charges in respect of those services. Clause 7 adds three new nominees to the Council of the Institute as specified. Clause 8 makes consequential amendments.

2.4 _¯ Part 3 - Coroner's discretion

Clause 9 gives the Coroner the discretion to decide whether an inquest should commence or continue in relation to the investigation of a death, after criminal proceedings have been concluded and a person has either been acquitted or found guilty of homicide. This provision was requested by the State Coroner. Section 18 of the Act provides the requisite right to apply to the Supreme Court in the event that the Coroner refuses to hold an inquest after being requested to do so. The amendments apply to all deaths, whether occurring before or after the commencement of the section if the Coroner has not made a finding.

Clause 10 provides that if the Coroner exercises his discretion not to hold an inquest into a death, then he is not obliged to make findings following an investigation.

The Committee makes no further comment.

TREASURY CORPORATION OF VICTORIA (AMENDMENT) BILL

3.1

This Bill was introduced into the Legislative Assembly on 12 April 1995 by The Honourable Alan Stockdale MP with The Honourable Ian Smith MP.

3.2

The purpose of the Bill is to merge the operations of the Victorian Debt Retirement Fund with the operations of the Treasury Corporation of Victoria.

3.3

Clause 4 substitutes a new function in respect of the Treasury Corporation of Victorian ("TCV") regarding the management of State debt. Clause 5 provides that the Chief Executive Officer is to be a director of TCV for the term of his appointment as Chief Executive Officer. Clause 6 makes a consequential amendment to section 28 which relates to strategic plans. It makes reference to the new function of reduction of debt.

Clause 7 inserts a new Part 4 in respect of "Debt Retirement". It makes provision for the transfer of assets and liabilities of the Victorian Debt Retirement Fund and such appropriation from the Consolidated Fund as is necessary. Clause 8 repeals the Victorian Debt Retirement Fund Act 1990.

The Committee makes no further comment.

FOOD (AMENDMENT) BILL

4.1

This Bill was introduced into the Legislative Assembly on 12 April 1995 by The Honourable Marie Tehan MP with The Honourable Phil Gude MP.

4.2

This Bill makes miscellaneous amendments to the Food Act 1984.

4.3

Clause 4 removes references to the National Association of Testing. These references have never been proclaimed or utilised. Clause 5 amends the definition of Chief General Manager to accord with the name of the relevant Government department.

Clause 6 amends section 18 to make it clear that the section creates an offence where a proprietor of food premises or a food vehicle fails to maintain the premises or vehicle in a clean or sanitary condition. Clause 7 amends section 19 which relates to the powers with respect to unclean food premises. It amends the section to make references to food vehicles as well as food premises consistent within the section.

4.4

Clause 8 inserts a new Part IIIA into the Act which relates to the cleanliness of food handlers etc. It sets out the duties imposed on food handlers. It also sets out the authorised officers' powers with respect to unclean food handlers. Any orders made under this section must be made in writing. Any person aggrieved by an order of an authorised officer may appeal to the Magistrates' Court. Clause 9 amends section 20 to include the words "food premises or food vehicle". Pursuant to section 20(5), unless otherwise authorised, officers cannot exercise powers and authorities with respect to any premises that are operated by or on behalf of the Crown or on land that is not part of a municipal district.

Clause 10 removes the requirement for a prescribed fee to be paid for a copy of a certificate of the result of an analysis by a person who submitted the article for analysis. Clause 12 makes it an offence for any proprietor of any food premises or food vehicle not to keep prominently displayed on the premises or vehicle, the name of the proprietor. Clause 13 is a re-write of the old section 13. According to the explanatory memorandum, this has been done to avoid possible duplication of the general offence provision contained in section 53 of the Act.

4.5

Clause 14 amends section 40 to permit local councils in relation to a food premises to incorporate more than one registration under the Act or the relevant sections of the Health Act 1958 on one certificate of registration. Clause 15 removes the exemption set out in section 40(3) of the Act from registration of food premises for a person with a current licence or permit within the meaning of the Liquor Control Act 1987. The Liquor Control Board presently requires premises with a licence or permit under the Liquor Control Act 1987 also to be registered as food premises where they fall within the definition of food premises.

Clause 16 amends section 43 by removing the requirement for a prescribed fee to be paid for a certified copy of an entry in the register book. Clause 17 amends section 56 which relates to liability. It substitutes the "Chief General Manager" for the "Commission". Clause 18 extends the regulation making powers set out in section 63. It allows for the prescription of courses of instruction in the handling of food to cover persons employed or engaged by a proprietor of food premises or a food vehicle as well as Managers, as is currently the case.

4.6

Clause 19 inserts a new section 63B into the Act. It prohibits councils from making local laws for in respect to any matter in which regulations under the Food Act 1984 are in force or could be made or where a prescribed food standard has effect. The Committee notes the comments in the Second Reading Speech:-

"The Bill will limit the capacity of local councils to make local laws which derogate from the nationally agreed scheme for the regulation of food. It is not desirable for the rules to change depending on which municipality a person or business finds itself in."

The Committee also notes the explanatory memorandum:-

"It is not intended by this clause to hinder the operation or making by local councils of local laws which restrict the consumption of alcohol in open public areas or which concern the issuing of permits to itinerant vendors to sell food within a municipality."

The Committee makes no further comment.

FINANCIAL INSTITUTIONS (VICTORIA) (AMENDMENT) BILL

5.1

This Bill was introduced into the Legislative Assembly on 12 April 1995 by The Honourable Jan Wade MP with The Honourable Phil Gude MP.

5.2

This Bill amends the Financial Institutions (Victoria) Act 1992. The purpose of the Bill is to enable the Victorian Financial Institutions Commission to undertake or assist in the prudential supervision of certain bodies.

5.3

Clause 4 amends section 41 which establishes a Supervision Fund. It enables amounts paid out of the Consultancy Services Fund under the proposed new section 43A to be paid into the Supervision Fund maintained under section 41. Clause 5 inserts a new Division 4A. It provides that the Commission with the approval of the Minister may enter into an agreement with the Treasurer or another Minister to provide consultancy, advisory or other services in respect of prudential supervision of a specified authority or specified public funds. The relevant Minister must not give approval unless the Commission has given the Minister a certificate certifying that the fees payable for the services of the Commission will not be less than the cost incurred by the Commission in respect of its obligations.

Clause 6 inserts a new Section 43A which establishes the Consultancy Services Fund and the Commission's obligations in respect of it. Clause 7 repeals spent provisions of the Act.

The Committee makes no further comment.

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