Alert Digest No. 5
of 1996
8 October 1996
APPROPRIATION (PARLIAMENT 1996/7. NO.1) BILL
1.1
This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP.
1.2
The Bill provides appropriation for the Parliament for the 1996/7 financial year.
The Committee makes no further comment.
APPROPRIATION (1996/7, NO.1) BILL
2.1
This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP.
2.2
The Bill provides appropriation for payments from the Consolidated Fund by departments for recurrent services and works and services for the financial year 1996/7.
The Committee makes no further comment.
GEELONG LANDS (STEAMPACKET PLACE) BILL
3.1
This Bill was introduced into the Legislative Assembly on 12 September 1996 by the Honourable Marie Tehan MP with the Honourable Jeff Kennett MP.
3.2
The purpose of the Bill is to enable the granting of long term leases for certain land in Geelong.
3.3
Clause 3 provides for the granting of leases of reserved Crown land with the Minister's approval. Clause 4 provides for the granting of leases of unreserved Crown land within the scheduled area with the Minister's approval.
The Committee makes no further comment.
GAMING MACHINE CONTROL (AMENDMENT) BILL
4.1
This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Jeff Kennett MP with the Honourable Phil Gude MP.
4.2
The purpose of the Bill is to enable the costs of administering and managing the Community Support Fund to be met from the Fund.
The Committee makes no further comment.
BANK OF SOUTH AUSTRALIA AND ADVANCE BANK BILL
5.1
This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Alan Stockdale MP on behalf of the Honourable Jeff Kennett MP with the Honourable Phil Gude MP.
5.2
The purpose of the Bill is to enact complementary legislation to that which has already been enacted in South Australia to facilitate the transfer of the Victorian assets and liabilities of the Bank of South Australia to the Advance Bank.
The Committee makes no further comment.
6.1
This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Phil Gude MP with the Honourable Jeff Kennett MP.
6.2
The purposes of the Bill are:-
- to repeal the Shop Trading Act 1987 and the Capital City (Shop Trading) Act 1992;
- to substantially deregulate shop trading arrangements in Victoria, only retaining restrictions on shop trading on Christmas Day, Good Friday and until 1 pm on Anzac Day;
- to provide means by which communities, via their Local Councils may initiate and hold polls for the purpose of restricting Sunday trading within a municipal district.
6.3 Part 2 - Shop Closing Times - Part 3 - Miscellaneous provisions
Clause 4 sets out shops which are to be exempt from the Act i.e., those listed in the Schedule which employ less than 20 people. Clause 5 governs ordinary closing times. Clause 6 governs special local shop closing times. It also allows Councils to make local laws. Clause 7 voids certain provisions in leases. Any dispute regarding such clauses is to be determined pursuant to the Retail Tenancies Act 1986.
Clause 8 governs prosecutions. The Committee notes pursuant to its obligations under section 4D(a)(i), the reversal of the onus of proof in clause 8. The onus of proof that a person named in a charge is not an occupier of the premises is on the defendant.
Pursuant to clause 9 the County Court may grant injunctions. Clause 11 is the regulation making provision.
6.4 Variation of section 85 of the Constitution Act 1975 (section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968)
Clause 10 declares the intention of section 7(3) to alter or vary section 85 of the Constitution Act 1975. Clause 7 ensures that any disputes regarding certain provisions in leases are to be determined pursuant to the Retail Tenancies Act 1986. The Committee notes the comments in the Second Reading Speech:-
"I wish to make a statement under section 85 of the Constitution Act 1975 of the reasons for altering or varying that section by this Bill. Proposed section 10 of the Bill provides that it is the intention of that clause to alter or vary section 85 of the Constitution Act 1975.
The reasons for limiting the jurisdiction of the Supreme Court are as follows;
The intention is to apply provisions of the Retail Tenancies Act 1986 allowing tenants to seek the remedies provided for determining disputes under that Act including immediate injunctive relief from oppressive landlords. In this case, tenants would be able to notify a dispute under the Retail Tenancies Act 1986 where landlords attempt to force upon tenants leases containing requirements that they open when they do not wish to. This measure is introduced to avoid costly and time-consuming litigation in a matter which is readily amenable to non-judicial determination. In the commercial arena such cost and time savings are of great importance."
The Committee is of the view that the proposed section 85 clause is appropriate and desirable in all the circumstances.
PROFESSIONAL BOXING AND MARTIAL ARTS BILL
7.1
This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Tom Reynolds MP with the Honourable Alan Brown MP.
7.2
The purposes of the Bill are:-
- to remove the requirement that agents, managers, ring announcers, seconds and time-keepers involved in professional boxing and martial arts contests hold licence and that medical practitioners involved in those contests be accredited; and
- to repeal the Martial Arts Control Act 1986 and to transfer certain provisions in that Act regulating the martial arts to the Professional Boxing Control Act 1985; and
- to rename the Professional Boxing Control Act 1985 as the Professional Boxing and Martial Arts Act 1985; and
- to restructure and rename the Professional Boxing Control Board; and
- to enable the Minister to make rules for the proper conduct of professional boxing and martial arts contests.
7.3
Clause 6 removes references to "fit and proper persons" from the Act in relation to those who apply for a licence. The licence is issued by the Minister as was the case under the previous Act. It removes the barriers to appeal or review of the Minister's decision. Clause 8 substitutes a new section 8 which sets out penalties for those who do not hold appropriate licences. Clause 10 provides that a person must not compete in a professional contest unless registered. Clause 13 makes provision for compulsory medical examinations before and after contests. Clause 15 provides for the establishment of a Professional Boxing and Martial Arts Board. Clause 16 makes minor changes to the delegation provisions.
Clause 19 removes the regulation making power from the Governor in Council with respect to the rules for the conduct, inspection and supervision of professional boxing contests and other matters. Clause 20 substitutes new section 23 which allows the Minister to make rules on the advice of the Board for the proper conduct of professional contests. The Committee notes the comments in the Second Reading Speech:-
"The purpose of this Bill is to de-regulate sections of the professional boxing and professional martial arts industries... The Bill provides for further industry de-regulation by removing the requirement for medical practitioners to be accredited by the Minister... The Bill removes matters connected with the conduct of professional boxing and martial arts contests from the regulations and provides the Minister with the power to make rules for the proper conduct of contests. This will ensure that the requirements of emerging codes of martial arts are efficiently accommodated but that appropriate safety conditions concerning equipment, venues and procedures are met."
The Committee has written a letter to the Minister seeking clarification of the rationale as to why the rules are to be made by the Minister rather than by regulation.
8.1
This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Rob Maclellan MP with the Honourable Phil Gude MP.
8.2
The purposes of the Bill are:-
- to establish a single body to oversee the occupational and technical regulation of on-site plumbing in Victoria;
- to transfer, with changes, the law concerning the regulation of plumbers, gasfitters and drainers from the Building Control (Plumbers Gasfitters and Drainers) Act 1981 to the Building Act 1993; and
- to transfer most of the power to make regulations concerning plumbing work from the Water Act 1989 and the Water Industry Act 1994 to the Building Act 1993; and
- to repeal the Building Control (Plumbers Gasfitters and Drainers) Act 1981.
8.3 Part 2 - Transfer of plumbing provisions
Clause 5 inserts a new Part 12A into the Building Act 1993 which provides for the regulation of plumbing work. New Division 2 sets out the restrictions concerning the carrying out of plumbing work. Plumbers must be licensed or registered by the Board to carry out plumbing work. New Division 3 governs the licensing and registration of plumbers. Licensed plumbers must be covered by insurance. New Division 4 governs compliance certificates. New Division 5 sets out provisions which apply to particular plumbing works (e.g.; sanitary drainage etc.). New Division 6 covers those matters related to insurance orders. Appeals regarding any orders made by an insurer are to be heard by the Plumbing Industry Board. New Division 7 governs rectification of defective plumbing work. A person who has been given a rectification notice or a plumbing order may apply to the Administrative Appeals Tribunal to have the decision to give the relevant notice or order reviewed. New Division 8 governs the interpretation and modification of plumbing regulations. The Board may resolve disputes regarding plumbing regulations. Application may be made to the Administrative Appeals Tribunal for review of the Board's declaration. New Division 9 establishes the Plumbing Industry Board. New Division 10 is the enforcement part. New Division 11 sets out those matters relating to inquiries and disciplinary action. The Plumbing Industry Board may conduct inquiries and make particular orders. Application may be made to the Administrative Appeals Tribunal for review of the Board's decision under new Division 12. New Division 13 governs administrative matters and establishes a Plumbing fund and a Register of plumbers.
8.4 Part 3 - Repeal, Savings and Transitional provisions
Clauses 15 to 28 are savings and transitional provisions.
8.5 Variation of section 85 of the Constitution Act 1975 (section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968)
Clause 9 amends section 260 of the Building Act 1993 to declare the intention of section 134A to alter or vary section 85 of the Constitution Act 1975. Clause 6 inserts section 134A which provides for a limitation period of 10 years in relation to defective plumbing work. The Committee notes the comments in the Second Reading Speech:-
"Clause 9 of the Bill proposes to insert a subsection (2) into section 260 of the Building Act 1993. The proposed subsection states that it is the intention of section 134A of the Building Act 1993 to alter or vary section 85 of the Constitution Act 1975.
Clause 6 of the Bill proposes to insert section 134A into the Building Act 1993.
The proposed section places a 10 year liability limit on claims for loss or damage arising out of or concerning the defective work of a plumber.
The reasons for limiting the jurisdiction of the Supreme Court are as follows.
At the centre of the scheme of this Bill is a system of compulsory insurance. Consumers can be compensated under insurance cover held by a plumber for loss or damage arising out of or concerning defective work of the plumber. While the cost of plumbers' insurance premiums will be passed on to consumers, the benefit of the scheme is that consumers will be protected from the need to take expensive action in the courts to recover damages, and protected from the inability of some plumbers to pay those damages.
The trade-off for a State-wide system of compulsory insurance is that there must be a point in time beyond which action cannot be taken against a plumber for defective plumbing work. For insurance premiums to be maintained at a reasonable level, insurance cover cannot continue for lengthy amounts of time.
The Government is satisfied that 10 years is sufficient time for the vast majority of consumers to discover defective plumbing work and make a claim, while keeping insurance premiums at a reasonable level.
The limitation period mirrors the limitation period that already applies under the Building Act for defective building work. As building work and plumbing work are often carried out together, it makes sense for the two periods to be the same."
The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.
9.1
This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Bill McGrath MP with the Honourable Phil Gude MP.
9.2
The purposes of the Bill are:-
- to further amend the Corrections Act 1986 and to confer on the Secretary certain powers in relation to prison industries;
- to provide for the establishment of a Prison Industry Advisory Committee;
- to provide for powers of search and seizure in police gaols;
- to enable private contractors and subcontractors to effectively manage and provide security in police gaols;
- to enable the appointment of a prison to be revoked;
- to provide for compulsory prisoner savings;
- to improve the operation of that Act;
- to repeal the Victorian Prison Industries Commission Act 1983.
9.3 Parts 1 and 2
Clause 3 inserts a new Part 8B into the Corrections Act 1986 which provides for prison industries and prison industry sites. New section 84I establishes a Prison Industry Advisory Committee whose members are appointed by the Minister. The Committee has written a letter to the Minister seeking clarification of the reasons why members are appointed by the Minister rather than by the Governor in Council. Clause 9 abolishes the Victorian Prison Industries Commission. Clause 10 preserves the entitlements of the staff of the Commission.
9.4 Part 3 - General amendments
Clause 11 inserts new Part 9A which provides for search and seizure by police in gaols. The Committee notes the comments in the Second Reading Speech:-
"Police members perform similar custodial functions to prison officers with persons that are detained in a police gaol. Currently, however, the powers of the police to perform search and seizure function are contained in the Corrections (Police Gaols) Regulations, while the powers exercised by prison officers are contained in the Corrections Act. The Bill provides for the powers of search and seizure in police gaols to be more appropriately brought into the Corrections Act and thereby achieve a consistent approach towards the exercise of these custodial functions by police and prison officers."
New section 104C sets out the search powers. New section 104C, subsection (3) provides that an officer in charge of a police gaol may search or examine a detained person. The Committee has written to the Minister seeking clarification of the operation of new sections 104B and 104C. The Committee has sought information as to the protocols in place to ensure that an individual's liberties are not infringed during any search and examination.
Clause 16 provides for prisoner compulsory savings. Schedules 1 and 2 make consequential amendments.
STATE TAXATION (FURTHER OMNIBUS AMENDMENT) BILL
10.1
This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Alan Stockdale MP on behalf of the Honourable Jeff Kennett MP with the Honourable Phil Gude MP.
10.2
The purpose of the Bill is to make miscellaneous amendments to various State Revenue Acts, namely; the Business Franchise (Petroleum Products) Act 1979, the Business Franchise (Tobacco) Act 1974, the Financial Institutions Duty Act 1982, the Land Tax Act 1958, the Pay-roll Tax Act 1971 and the Stamps Act 1958.
10.3 Business Franchise (Tobacco) Act 1974
New subsection (3AA) of section 7(3) of the Business Franchise (Tobacco) Act 1974 provides that the Commissioner may refuse to issue a retail licence to an applicant or suspend or revoke an existing retail licence where the person has been convicted under the Tobacco Act 1987 of selling tobacco to minors. The Commissioner may also refuse a licence where the person does not have a permit for the premises where the business is to be conducted.
Clause 16 amends section 18(3)(1) of the Financial Institutions Duty Act 1982 to ensure that a payment of an amount owing to a credit provider under a continuing credit contract is subject to financial institutions duty. Clause 19 amends section 18A of the Pay-roll Tax Act 1971 to ensure that non-employer members of a group under section 9A can be assessed for pay-roll tax. Clause 23 amends section 60EA of the Financial Institutions Duty Act 1982 to ensure that stamp duty is payable on CUFS and IR's (as defined in section 3 of the Act) on a SCH-regulated transfer of a marketable security.
The Committee makes no further comment.
11.1
This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Alan Brown MP with the Honourable Phil Gude MP.
11.2
The purposes of the Bill are:-
- to amend the Road Safety Act 1986 to enable certain civilians employed in the police force to inspect motor vehicles and trailers and prohibit their use on highways;
- to apply the demerits register provisions to the holders of learner permits and make changes with respect to the operation of that register;
- to clarify the operation of section 30(1);
- to ensure that zero blood alcohol requirements apply where the full driver licence held does not relate to the category of vehicle concerned;
- to remove the requirement that a person must state an intention to defend a charge in a notice of objection to certain infringement notices;
- to empower the making of regulations enabling number plates to be issued by way of auction or tender;
- to amend the Transport Act 1983 to transfer responsibility for bus licensing from the Roads Corporation to the Secretary to the Department of Infrastructure;
- to repeal section 224 (offence to exceed speed limit fixed by Roads Corporation);
- to amend the definition of "officer of the Roads Corporation" contained in the Impounding of Livestock Act 1994;
- to amend the Road Transport Charges (Victoria) Act 1995 with respect to the fees payable on registration or renewal of registration;
- to amend the Road Transport (Dangerous Goods) Act 1995 with respect to its commencement.
11.3 Part 2 - Amendment of Road Safety Act 1986
Clause 3 enables certain civilians (mechanics) employed in the police force to inspect motor vehicles and trailers and prohibit their use on highways. The Committee notes the comments in the Second Reading Speech:-
"The Victoria Police have employed civilian mechanics to conduct vehicle roadworthy checks for some years. This Bill enables these civilians to prohibit the use of unroadworthy vehicles on the road by issuing a notice of repair in accordance with the regulations. Other civilians employed in VicRoads and the Department of Infrastructure already use these powers in the case of heavy vehicles."
Clause 4 applies the demerits points register provisions to holders of learners permits. Clause 6 applies a zero blood alcohol requirement for persons who do not possess a full licence for the category of vehicle being driven even if they possess a full licence for another category of vehicle. Clause 8 empowers the making of regulations enabling number plates to be issued by way of auction or tender.
11.4 Part 3 - Amendment of Transport Act 1983 - Part 4 - Amendment of other Acts
Clause 9 amends the Transport Act 1983 to transfer responsibility for bus licensing from the Roads Corporation to the Secretary to the Department of Infrastructure. Clause 12 amends the Impounding of Livestock Act 1994 to enable the Roads Corporation to authorise people by category to act as its officers for the purposes of that Act. Clause 13 amends the Roads Transport Charges (Victoria) Act 1995 to remove technical restrictions to the charging of heavy vehicle registration fee. Clause 14 amends the Road Transport (Dangerous Goods) Act 1995 to provide a more flexible commencement provision. The Committee notes the comments in the Second Reading Speech:-
"A more flexible commencement provision is being inserted in the Road Transport (Dangerous Goods) Act 1995 because of a delay in the development of national regulations to be adopted under that Act. It is necessary to keep the current Victorian law in force until the national regulations are completed and the amendment will enable that to be done."
The Committee makes no further comment.
Committee Room
7 October 1996
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