Alert Digest No. 8 of 1996
12 November 1996

FRIENDLY SOCIETIES (VICTORIA) BILL

1.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Jan Wade MP with the Honourable Anne Henderson MP.

1.2

The purpose of the Bill is to provide for the formation, registration, management and regulation of friendly societies. The Committee notes the comments in the Second Reading Speech:-

"The Bill now before the House implements the friendly society code as a law of Victoria. The Code is set out as a schedule to the Bill which is the first legislative step in implementing legislation for national uniform regulation of friendly societies within the framework of the existing financial institutions scheme, which currently regulates building societies and credit unions. The Code set out in the schedule to the Bill is template legislation which is to be adopted through an application of laws mechanism by all jurisdictions, other than Western Australia which has agreed to introduce into its Parliament legislation which is consistent with the Victorian legislation."

1.3 Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8
Part 9 - Financial Institutions (Victoria) Act 1992
Part 10 - Consequential amendments

Part 2 sets out the application of the Code and the regulations. Part 3 provides for the conferral of functions and powers on AFIC. Part 4 sets out the regulation making power. Part 5 governs the imposition of levies and fees. Part 6 continues the Friendly Societies Advisory Committee established by the Friendly Societies Act 1986. Parts 7 and 8 contain miscellaneous and transitional provisions. Clause 33 substitutes a new immunity provision in relation to the members of the Victorian Financial Institutions Commission. Part 10 contains consequential amendments.

1.4 Schedule 1 - The Friendly Societies Code

Schedule 1 contains the Friendly Societies Code. Part 1 contains preliminary provisions. Part 2 sets out the functions and powers of the State Supervisory Authority ("SSA"). Clauses 31 to 42 are the enforcement provisions for the SSA. Part 3 sets out the objects of the Society. Part 4A relates to benefit funds. Part 4B provides for the offering and marketing of benefits. The Committee notes the typographical error in clause 126. "Provison" should be spelt "provision". The Committee has written to the Minister. Part 5 governs shares and charges. Part 6 contains the management provisions. Part 7 makes provision for mergers of societies and the transfer of engagements between societies. Clause 386 of Part 8 provides that a society may apply to the SSA for approval of a proposal that the society convert to a company. Part 8 contains provisions for such conversions. Part 9 makes arrangements for the external administration of societies. Part 10 makes provision for the appointment of special investigators. Part 11 governs foreign societies and participating societies in other States. Clause 438 in Part 12 provides for the formation of associations by two or more societies. Part 13 makes provision for review of decisions made by the SSA. Certain exceptions are set out in sub-paragraph (2) of clause 447. Part 14 contains miscellaneous provisions. Part 15 contains transitional provisions. Schedule A of the Bill sets out the interpretation of various provisions and other matters.

The Committee makes no further comment.

CO-OPERATIVES BILL

2.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Jan Wade MP with the Honourable Anne Henderson MP.

2.2

The purpose of the Bill is:-

• to provide a legislative framework for the formation, registration and management of co-operatives which enables flexibility in the operation of co-operatives and promotes the development of co-operatives; and
• to repeal the Co-operation Act 1981; and
• to repeal Part VI of the Housing Act 1983.

The Committee notes the comments in the Second Reading Speech:-

"Several attempts have been made to review the current legislative arrangements for co-operatives. General consideration as to consistency of co-operatives legislation around Australia has been discussed at ministerial level since 1990. The consultation has been wide ranging and many industry suggestions are incorporated into the Bill. The co-operatives sector, has been consulted extensively on the proposed changes and the co-operatives federation of Victoria Ltd has been involved in the drafting of the Bill since the drafting instructions stage. State and Territory registrars for co-operatives and peak co-operative bodies from other jurisdictions have also been widely consulted and the Government believes the Bill is suitable to serve as the base document for a national scheme for co-operatives."

2.3

Part 1 contains preliminary provisions. Part 2 provides for the formation of various types of co-operatives. Provision is made for an appeal to the Administrative Appeals Tribunal from a decision of the registrar in relation to registration, disclosure statements and rules. Part 3 contains provisions relating to the legal capacity and powers of co-operatives. Part 4 governs membership of co-operatives. Part 5 sets out the various rules of co-operatives. Part 6 governs active membership of co-operatives. Part 7 makes provision for shares in relation to co-operatives. Part 8 sets out voting entitlements and makes provision for annual general meetings etc. Part 9 governs the management and administration of co-operatives. Clause 218 is the delegation provision. Part 10 makes provision for funds and property in relation to co-operatives. Part 11 sets out the restrictions on the acquisition of interests in co-operatives. Part 12 governs the merger, transfer of engagements and the winding up of co-operatives. Part 13 makes provision for the arrangement and reconstructions of co-operatives. Part 14 contains provisions for foreign co-operatives. Part 15 makes provision for the supervision and protection of co-operatives. Part 16 governs the administration of the Act itself. Clause 431 is the delegation provision. The Committee is concerned at the width of the delegation provision. The Committee is of the view that the provision may contravene section 4D(a)(iii) of the Parliamentary Committees Act 1968. The Committee has written to the Minister.

Part 17 sets out the various offences under the Act. Part 18 contains general provisions. Part 19 contains repeals, amendments, savings and transitional provisions.

VICTIMS OF CRIME ASSISTANCE BILL

3.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Jan Wade MP with the Honourable Anne Henderson MP.

3.2

The purposes of the Bill are:-

• to provide assistance to victims of crime;
• to repeal the Criminal Injuries Compensation Act 1983; and
• to amend the Sentencing Act 1991.

3.3 Part 2 - Eligibility for assistance

Clause 7 defines "primary victims". Clause 8 sets out the assistance available to victims. The Committee notes the comments in the Second Reading Speech:-

"Primary victims who are injured will be eligible for assistance up to $60,000. This could include:-

* counselling (other than that received through the Victims Counselling Scheme described above);

* payment of medical expenses which have or may be reasonably incurred as a result of the victim's injuries; and

* payment of other expenses which will assist the victim's recovery in exceptional circumstances.

It may also include an award for loss of income up to $20,000 which may have been earned within two years of the crime. All awards should be consistent with the objective of assisting victims toward complete recovery.

However, primary victims will no longer receive cash payments as compensation for pain and suffering as they do under the Criminal Injuries Compensation Act 1983.

To allow this entitlement to continue is likely to result in a scheme that Victoria cannot afford. The Auditor-General's report referred to above found that the value of awards made increased by 370 percent between 1988/89 and 1993/94. The trend of escalating costs is not limited to Victoria. Payments by the New South Wales' Victims Compensation Tribunal have risen 24 percent from 1994/5 to 1995/6.

Further, as mentioned above, it is not at all certain that the benefits that victims of crime derive from monetary compensation for pain and suffering assist those victims in coming to terms with the offence or in seeking rehabilitation. Neither is it apparent that the current crimes compensation system in Victoria meets the real needs of legitimate victims of crime for assistance in recovering from their injuries."

Clause 9 defines "secondary victim". Clause 10 sets out the assistance available to secondary victims. Clause 13 sets out the assistance available to related victims.

• Section 4D(a)(i) of the Parliamentary Committees Act 1968 (trespasses unduly on rights and freedoms)

Clauses 8, 10 and 13 set out the assistance available to victims of crime. The Committee is of the view that the abolition of the right to apply for compensation for pain and suffering diminishes an existing statutory right. The Committee has received a submission from the Children's Protection Society Inc. which raises significant concerns.[1] The Committee notes that victims of crime will be entitled to the payment of medical expenses and counselling. However, the Committee further notes that the abolition of the right to apply for compensation for pain and suffering will be of serious consequence in respect of those victims for whom there is no other appropriate remedy. The Committee is of the view that the provision diminishes rights but refers the question of whether the reduction is undue to the Parliament to debate.

Clause 16 sets out those matters which the Tribunal may take into account in determining an award. Under sub-paragraph (b) this includes "any damages that the applicant would be likely to recover at common law if he or she commenced a legal proceeding to recover them". The Committee notes that the use of the word "unlikely" is vague in this context. The Committee has written to the Minister.

3.4 Part 3 - Victims of Crime Assistance Tribunal
Part 4 - Review, variation and refunds
Part 5 - Miscellaneous

Part 3 establishes the Victims of Crime Assistance Tribunal. Clause 50 governs the making of awards. Clause 56 makes provision for interim awards. Clause 54 sets out the matters to which the Tribunal must have regard in determining whether or not to make an award. Part 4 provides for review of the Tribunal's decision by the Administrative Appeals Tribunal. Part 5 contains miscellaneous provisions.

3.5 Variation of section 85 of the Constitution Act 1975 (Section 4D(b)(i) of the Parliamentary Committees Act 1968)

Clause 71 declares the intention of sections 47, 48 and 63 to alter or vary section 85 of the Constitution Act 1975.

(i) Clause 47

Clause 47 limits the right of a creditor to recover money for treatment or other services from a person who is the subject of an order from the Tribunal. The Committee notes the comments in the Second Reading Speech:-

"Section 47(5) limits the right of a creditor (other than legal practitioners who are dealt with at section 48 to recover money from a person to whom the creditor has provided treatment or other services for which the Tribunal orders payment. The creditor will not be able to recover more than the amount the Tribunal determines is reasonable unless the creditor is a legal practitioner who has paid the full amount owing on behalf of a client. This limitation is necessary to protect applicants to the Tribunal and the Tribunal from paying unreasonable expenses."

The Committee is of the view that there may be circumstances where significant costs are incurred which ought be recoverable. The Committee has written to the Minister.

(ii) Clause 48

Clause 48 prevents legal practitioners recovering any costs from applicants other than those allowed by the Tribunal. The Committee notes the comments in the Second Reading Speech:-

"Section 48 prevents legal practitioners recovering from applicants to the Tribunal any costs other than those allowed by the Tribunal. This limitation is necessary to enable the Tribunal to control the legal costs it pays to legal practitioners acting for applicants to the Tribunal."

The Committee is of the view that the provision is appropriate and desirable in all the circumstances.

(iii) Clause 63

Clause 63 gives immunity to members of the Tribunal in the exercise and performance of their duties. The Committee notes the comments in the Second Reading Speech:-

"Section 63 provides the same protections and immunities to members of the Tribunal, legal practitioners and others appearing before the Tribunal as they would receive if the Tribunal was the Supreme Court of Victoria. It also provides the same protections and liabilities for persons summoned to attend or appear before the Tribunal as if the Tribunal was the Supreme Court of Victoria. The penalties provided by the Evidence Act 1958 also apply. These protections are required to enable the Tribunal to function effectively."

The Committee is of the view that the provision is appropriate and desirable in all the circumstances.

LORD MAYOR'S CHARITABLE FUND BILL

4.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Dr Dennis Napthine MP with the Honourable Anne Henderson MP.

4.2

The purposes of the Bill are:-

• to re-name the Lord Mayor's Fund for Metropolitan Hospitals and Charities;
• to make new provision for the management and administration of the Fund;
• to re-define the objects of the Fund; and
• to repeal the Lord Mayor's Fund Act 1930.

4.3

Part 2 provides for the continuation of the former fund and renames it as the Lord Mayor's Charitable Fund. Part 3 establishes the Board. Clause 18 establishes the Executive Committee. Clause 19 sets out its duties and powers. Part 4 contains miscellaneous provisions. Part 5 contains transitional provisions.

The Committee makes no further comment.

OPTOMETRISTS REGISTRATION BILL

5.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Dr Dennis Napthine MP with the Honourable Mrs Anne Henderson MP.

5.2

The purposes of the Bill are:-

• to protect the public by providing for the registration of optometrists and investigations into the professional conduct and fitness to practise of registered optometrists;
• to regulate the advertising of optometry services;
• to establish the Optometrists Registration Board of Victoria and the Optometrists Registration Fund of Victoria;
• to repeal the Optometrists Registration Act 1958;
• to make consequential amendments to other Acts; and
• to provide for other related matters.

5.3 Part 2 - Procedure for obtaining registration

Division 1 of Part 2 governs the procedure for obtaining registration. There is a right of review of any decisions made by the Board in the Administrative Appeals Tribunal, as provided for in Part 4. Division 2 of Part 2 establishes a Register of optometrists. Part 3 provides for investigations which may be made into registered optometrists. There are both informal and formal hearings. Informal hearings are closed to the public and the optometrist may not be represented by another person. However, if a formal hearing is requested, that request must be complied with and the matter must be sent for a formal hearing. A formal hearing is held in public and the optometrist may be represented. Any findings made at an informal hearing may be reviewed at a formal hearing if the optometrist so requests. Clause 31 provides for reports of examinations. Pursuant to sub-section (4), an investigator may decide not to give a report to the optometrist being investigated. The investigator may decide to give the report to another optometrist nominated by the optometrist being investigated. The Committee has written to the Minister requesting advice as to the circumstances under which it is envisaged an investigator will give a report to an optometrist nominated by the optometrist being investigated.

5.4 Part 4 - Review by Administrative Appeals Tribunal
Part 5 - Offences
Part 6 - Administration
Part 7 - Reporting and financial provisions
Part 8 - Enforcement and supplementary powers
Part 9 - Regulations
Part 10 - Saving and transitional

Clause 58 in Part 4 provides for review of a decision made by the Board or any finding or determination made at a formal hearing in the Administrative Appeals Tribunal. Clauses 60 to 63 set out various offences. Part 6 deals with administrative matters. Clause 65 establishes the Optometrists Registration Board of Victoria. Part 7 deals with reporting and financial matters. Clause 81 establishes the Optometrists Registration Board Fund. Clause 86 enables a person appointed by the Board to apply to a magistrate for a search warrant where there is a reasonable belief as to a contravention of the Act. Clause 92 is the regulation making provision.

5.5 Variation or alteration of section 85 of the Constitution Act 1975 (section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968)

Clause 91 declares its intention to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of actions of the kind referred to in clause 55. Clause 55 provides that no action for defamation lies against the Board or its members for giving a notice in respect of any determinations made by it. The Committee notes the comments in the Second Reading Speech:-

"It is the intention of clause 91 to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of actions of the kind referred to in clause 55 of this Bill.

Clause 55(3) of the Bill operates to alter or vary section 85 of the Constitution Act 1975 by providing that no action for defamation lies against the Board or its members for giving a notice under clause 55(1).

Clause 55(1) requires the Board to notify any determination to impose conditions, limitations or restrictions on the practice of an optometrist, suspend or cancel the registration of an optometrist.

* in the Government Gazette;

* to registration authorities in other states and territories and in New Zealand;

* to the Health Services Commissioner;

* to the employer of the optometrist where that optometrist is an employee;

* to an optometry registration authority outside Australia if the Board has received a request for information about the optometrist from that authority.

The purposes of the Act will not be fulfilled if optometrists whose practise has been restricted or who have been suspended or deregistered can continue to practise either in Victoria or elsewhere because notice of the Board's action has not been communicated to the relevant authorities. This provision is essential to ensure that the Board and its members can communicate vital information to the relevant authorities without threat of civil action for defamation against them."

The Committee is of the view that the proposed provision is appropriate and desirable in all the circumstances.

RAIL CORPORATIONS BILL

6.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Alan Brown MP with the Honourable Anne Henderson MP.

6.2

The purposes of the Bill are:-

• to establish V/Line Freight and Victorian Rail Track; and
• to provide for the transfer of property, rights and liabilities to them.

6.3 Part 2 - Rail Corporations, Part 3 - Transfer of property, Part 4 - Amendment of other Acts

Clause 4 establishes V/Line Freight. Clause 8 establishes the Victorian Rail Track. Clause 12 provides that clearance of trees within 60 metres of a railway track are the responsibility of the owner/occupier. Clause 13 provides that Rail Track is under no obligation to fence or contribute to the fencing of any portion of a railway and is not liable for any damage that may be caused by reason of any railway not being fenced in or fenced off. The Committee has written to the Minister requesting his advice as to the historical background of the provision and clarification of its effect in relation to the protection of children who may innocently wander onto railway tracks.

Clause 21 is the delegation provision. Clause 27 provides that the board of every rail corporation must prepare a corporate plan for each financial year. Part 3 provides for the transfer of property. Clause 51 makes provision for easements in relation to the transfer of property. Part 4 makes miscellaneous amendments to various other Acts.

The Committee makes no further comment.

STOCK (SELLER LIABILITY AND DECLARATIONS) (AMENDMENT) BILL

7.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Pat McNamara MP with the Honourable Alan Stockdale MP.

7.2

The purposes of the Bill are:-

• to provide for further voluntary declarations;
• to extend the operation of the Act to certain livestock products;
• to generally improve the operation of the Act.

7.3

Clause 6 substitutes a new section 4 to extend the current power of the Governor in Council to declare species of stock to be a species to which the Act applies, to include declarations of livestock products to which the Act will apply. Clause 8 excludes "exempt agreements" from the minimum requirements for sale. It also extends the operation of the section to agreements for the sale of prescribed livestock products. The Committee notes the comments in the explanatory memorandum:-

"This power is required where the existence in prescribed stock of certain conditions or diseases is only a problem in some instances, such as when the stock is being sold for processing into food as opposed to when they are being sold for dispatch from one property to another."

Clause 10 extends the operation of section 11 which provides for declarations by sellers as to the quality of the stock. Clause 12 inserts new section 18A into the Act which makes provisions for other declarations as to the quality of stock by notice in the Government Gazette. Clause 14 amends the regulation making power of the Act.

The Committee makes no further comment.

WITNESS PROTECTION (AMENDMENT) BILL

8.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Bill McGrath MP with the Honourable Jan Wade MP.

8.2

The purpose of the Bill is to amend the Witness Protection Act 1991:-

• to facilitate arrangements and exchange of information with authorities in other jurisdictions in relation to witness protection;
• to make further provision for the protection of witnesses by the Chief Commissioner of Police;
• to improve the operation of the Act;
• to remove the sunset provision.

8.3

Clause 5 inserts new sections 3A, 3B and 3C into the Act which provide for a Victorian witness protection program and detail powers of the Chief Commissioner. Clause 7 makes provision for a memorandum of understanding to contain certain information. Clause 9 substitutes a new section 10 in relation to the non-disclosure of information. Clause 16 provides for the cessation of protection and assistance of witnesses. Appeal to the Deputy Ombudsman in relation to the Chief Commissioner's decision is provided for in clause 17.

8.4 Variation or alteration of section 85 of the Constitution Act 1975 (Section 4D(b)(i) of the Parliamentary Committees Act 1968)

Clause 25 declares the intention of section 12(3) to alter or vary section 85 of the Constitution Act 1975. Clause 10 of the Bill amends section 12(3) so that the Ombudsman and Deputy Ombudsman have immunity in the exercise of his or her powers. The Committee notes the comments in the Second Reading Speech:-

"Clause 10(2) extends the current immunity provision to cover the Ombudsman and the Deputy Ombudsman and it is intended to alter or vary section 85 of the Constitution Act to the extent necessary to prevent actions or proceedings against them in the course of their duties under the Act.

The reason for the immunity is to protect the Ombudsman and the Deputy Ombudsman in the performance of their duties and maintain the integrity of information held under the witness protection program."

The Committee is of the view that the proposed provision is appropriate and desirable in all the circumstances.

MENTAL HEALTH (INTERSTATE PROVISIONS) BILL

9.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Dr Dennis Napthine MP with the Honourable Anne Henderson MP.

9.2

The purpose of the Bill is to amend the Mental Health Act 1986 to provide for the interstate apprehension and transfer of mentally ill people.

9.3

Clause 3 inserts a new Part 5A into the Act which makes provision for the interstate application of mental health provisions. Division 1 of Part 5A contains introductory provisions. Division 2 of Part 5A governs the interstate transfer of persons and patients. Division 3 of Part 5A provides for community treatment orders. Division 4 of Part 5A governs the apprehension of persons absent without leave. Clause 4 makes consequential amendments.

The Committee makes no further comment.

MOTOR CAR TRADERS (AMENDMENT) BILL

10.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Jan Wade MP with the Honourable Anne Henderson MP.

10.2

The purposes of the Bill are:-

• to amend the Motor Car Traders Act 1986;
• to change the circumstances in which the statutory warranty relating to the sale of used cars by motor car traders applies;
• to increase the jurisdiction of the Small Claims Tribunal with respect to complaints concerning motor car traders;
• to require all registered cars to be sold with a roadworthy certificate;
• to enable offences under the Act to be dealt with by way of infringement notices;
• to exempt licensed motor car traders who deal in used car parts from the licensing requirements of the Second-Hand Dealers and Pawnbrokers Act 1989; and
• to generally improve the operation of the Act.

10.3

Clause 6 clarifies the grounds on which licence objections may be made. Clause 7 inserts additional grounds of ineligibility for licences. Clause 8 inserts new section 13A which defines "associate" for the purposes of ineligibility. Clause 15 substitutes new sections 28 and 29 which provide for automatic cancellation of a licence on bankruptcy. New sections 29A to 29D make provision for circumstances where claims are made against the Fund. Clause 16 enables the Authority to conduct an inquiry into the conduct of a licensee if the Director of the Chief Commissioner of Police applies in writing for the inquiry. Clause 25 increases the penalties in relation to odometer tampering. Clause 26 inserts new section 42A which provides that all registered cars must be sold with a roadworthy certificate. Clause 29 increases the jurisdiction of the Credit Tribunal from $20,000 to $40,000. Clause 30 inserts new sections 50A and 50B which set out additional offences.

10.4

Clause 31 sets out a new mandatory statutory warranty covering used motor cars not more than 10 years old and where the car has been driven for less than 160,000 kilometres. Clause 36 clarifies inspection powers. Clause 37 inserts new sections 82A to 82H which govern infringement notices. Clause 38 inserts new sections 83A to 83D which ensures that appropriate records are kept. Clause 41 inserts new sections 88A and 88B which clarify the operation of sale agreements. Clause 42 extends the Governor in Council's regulation making powers. Clause 49 provides an exception to the secrecy requirements in section 116 so that certain persons may disclose information to the Guarantee Funds Claims Committee or specified law enforcement agencies. Clause 52 increases the jurisdiction of the Small Claims Tribunal from $5000 to $10,000 in respect of claims against motor car traders.

The Committee makes no further comment.

FIREARMS BILL

11.1

This Bill was introduced into the Legislative Assembly on 30 October 1996 by the Honourable Bill McGrath MP with the Honourable Jan Wade MP.

11.2

The purposes of the Bill are to give effect to the principle that the possession, carriage, use, acquisition and disposal of firearms are conditional on the need to ensure public safety and peace by:-

• (i) establishing a system of licensing and regulating the possession, carriage and use of firearms and related items which does not allow for self-defence to be used as a reason for obtaining a licence to possess, carry or use a firearm; and
• (ii) establishing a system of licensing and regulating the carrying on of the business of dealing in firearms; and
• (iii) establishing a system of permitting and regulating the acquisition and disposal of firearms and related items; and
• (iv) establishing a system of registering firearms; and
• (v) establishing requirements for the secure storage and carriage of firearms; and
• (vi) establishing a Firearms Appeals Committee to hear applications for review of decisions of the Chief Commissioner under the Act; and
• (vii) making provision for the education of the community in the safe and responsible use of firearms; and
• (viii) making other related provisions; and
  • to repeal the Firearms Act 1958; and
  • to make various consequential amendments to other Acts.

11.3 Part 2 - Possession, carriage or use of firearms and related items

Division 1 of Part 2 sets out the various offences in relation to the possession of firearms. It is an offence for a prohibited person to possess, carry or use a firearm. It is an offence for a non-prohibited person to possess, carry or use a firearm which is not registered and without a licence. Division 2 of Part 2 makes provision for the issue of longarm licences by the Chief Commissioner. Division 3 of Part 2 makes provision for the issue of handgun licences by the Chief Commissioner. Division 4 of Part 2 sets out the general provisions applying to longarm and handgun licences. Division 5 of Part 2 makes provision for the issue of junior licences by the Chief Commissioner. Division 6 of Part 2 makes provision for the issue of firearms collectors and heirlooms licences by the Chief Commissioner. Division 7 of Part 2 makes provision for the issue of firearms ammunition collectors licences by the Chief Commissioner. Division 8 of Part 2 sets out the general provisions applying to licences under this Part. Review of the Chief Commissioner's decision not to issue a licence by the Committee is provided for in clause 34. Review of a decision of the Chief Commissioner to alter or vary any of the conditions of a licence by the Committee is provided for in clause 38. Review of a decision of the Chief Commissioner not to renew a licence by the Committee is provide for in clause 44. Division 9 of Part 2 provides for the suspension and cancellation of licences. Review of a decision of the Chief Commissioner to cancel a licence by the Committee is provided for in clause 50. Division 10 of Part 2 sets out the various exemptions from the Part. It also sets out provisions in relation to permits.

11.4 Part 3 - Carrying on the business of dealing in firearms and related items

Division 1 of Part 3 governs the licensing of firearms dealers. Review of a decision of the Chief Commissioner not to issue licences by the Committee is provided for in clause 62. Division 3 of Part 3 sets out general provisions applying to dealers' licences. Review of the Chief Commissioner's decision to vary licence conditions or not to renew licences by the Committee is provided for in clauses 70 and 74. Division 3 of Part 3 provides for the suspension, cancellation and transfer of dealers' licences. A right of appeal against the cancellation of a licence is provided for in clause 82. Division 4 of Part 3 sets out the record keeping requirements of licensed firearms dealers. Division 5 of Part 3 governs the display of firearms by dealers.

11.5 Part 4 - Acquisition and disposal of firearms and related items

Division 1 of Part 4 sets out the various offences relating to the acquisition and disposal of firearms. Division 2 of Part 4 makes it an offence to acquire a firearm without a permit. The Committee has written to the Minister seeking clarification of the manner of review of Commissioner's decision not to grant a permit to acquire firearms.

11.6 Part 5 - Registration of firearms
Part 6 - Storage
Part 7 - Further offences and legal proceedings
Part 8 - Further enforcement powers

Part 5 provides for the registration of firearms. Clause 113 requires the Chief Commissioner to keep a register of each firearm kept within the State. Part 6 sets out the minimum requirements in relation to the storage of firearms. Part 7 sets out further offences in relation to the possession of ammunition and other general offences. Part 8 sets out further enforcement powers. Pursuant to clause 146 a member of the police force may apply to a magistrate for a search warrant.

11.7 Part 9 - Firearms Appeals Committee
Part 10 - Infringement notices
Part 11 - General
Part 12 - Transitional

Division 1 of Part 9 establishes the Firearms Appeals Committee. Division 2 of Part 9 provides administrative arrangements for review of decisions of the Chief Commissioner. Part 10 makes provision for infringement notices. Part 11 contains general provisions. Clause 176 is the power of delegation. Note that pursuant to clause 182 appeals from decisions of the Committee may be made to the Administrative Appeals Tribunal. Clause 188 gives the Minister the power to approve schemes of compensation. Clause 191 is the regulation making provision. Part 12 contains transitional provisions. Clause 193 repeals the Firearms Act 1958. Clauses 201 to 207 make consequential amendments. Schedule 1 sets out general conditions for licences granted under Part 2. Schedule 2 sets out special conditions for licences granted under Part 2. Schedule 3 sets out the non-prohibited persons who are exempt from the requirement to hold licences under Part 2. Schedule 4 sets out further storage requirements.

11.8 Variation or alteration of section 85 of the Constitution Act 1975 (section 4D(b)(i) of the Parliamentary Committees Act 1968)

Clause 190 declares its intention to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of actions of the kind referred to in section 183.

Clause 183 gives specified persons from immunity from liability if they reasonably believe and report that a person is not a fit and proper person to possess, carry or use a firearm. The Committee notes the comments in the Second Reading Speech:-

"Section 183 removes the civil or criminal liability of a registered medical practitioner, registered psychologist, registered nurse if the health professional informs the Chief Commissioner of their reasonable belief that a person, to whom they have been providing a professional service, is not a fit and proper person to possess, carry or use a firearm or to have a firearms licence.

Section 183 also removes the civil or criminal liability of an officer of an approved club who informs the Chief Commissioner of his or her reasonable belief that a member of the Club is not a fit and proper person to possess, carry or use a firearm or to have a firearms licence."

The Committee is of the view that the proposed provision is appropriate and desirable in all the circumstances.

Committee Room
11 November 1996

Last update 30/7/99 ©Parliament of Victoria