Alert Digest No. 2
of 1998
7 April 1998
1.1
This Bill was introduced into the Legislative Council on 17 March 1998 by the Honourable Roger Hallam MLC.
1.2
The Bill makes minor amendments to Gaming No.2 Act 1997. Clause 3 allows the Director of Gaming and Betting to determine applications for trade promotion lottery permits, rather than the Victorian Casino Gaming Authority. The Committee notes the comments in the Second Reading Speech:—
"The Authority currently determines in excess of 2500 permits applications per year. The Lotteries Gaming and Betting Act contains extremely broad powers of delegation, which allow the Authority to delegate the permit issuing function to the Director, and to other officers of the Authority ... given the current and likely future increase of permit applications it is considered appropriate that the permit issuing function be transferred from the Authority to the Director. This will maintain existing administrative arrangements as the Director will be able to determine permit applications himself as well as delegating the determination of some permits to his officers. It will also provide an avenue of appeal to the Authority for an applicant refused a trade promotion lottery permit by the Director."
The Committee makes no further comment.
HEALTH SERVICES (AMENDMENT) BILL
2.1
This Bill was introduced into the Legislative Council on 17 March 1998 by the Honourable Rob Knowles MLC.
2.2
The main purpose of the Bill is to amend the Health Services Act 1988 and the Health Services (Amendment) Act 1997 to increase penalties for certain offences.
The Committee makes no further comment.
3.1
This Bill was introduced into the Legislative Assembly on 25 February 1998 by the Honourable Jeff Kennett MP with the Honourable Alan Stockdale MP.
3.2
The purpose of the Bill is to make further provision relating to the safety of electricity supply and use and the efficiency of electrical equipment. The Committee also notes the comments in the Second Reading Speech:—
"This Bill consolidates in one Act the electricity safety legislation previously contained in the Electricity Industry Act 1993, the Electric Light and Power Act 1958 and the State Electricity Commission Act 1958.
3.3
Clause 6 establishes the Office of the Chief Electrical Inspector. Clause 11 is the delegation provision. The Committee will write to the Minister in respect of the delegation provision.
Clause 19 requires the preparation of a corporate plan by the Office. Clause 28 requires the Office to keep a General Account. Division 1 of Part 3 provides for the registration of electrical contractors. Division 2 governs the licensing of electrical workers. Division 3 governs the installation of electrical work. Division 4 governs the installation of electric lines on public land. Clause 50 provides for the establishment of an Equipment Advisory Committee.
3.4 Electrical Appeals Board
Clause 69 establishes the Electrical Appeals Board. Part 7 makes provision for network operators and underground electric lines. Part 8 sets out those provisions which relate to electric line clearance. Clause 87 establishes an Electric Line Clearance Consultative Committee. Clause 91 establishes the Victorian Electrolysis Committee. Part 10 makes provision for electricity safety management schemes. Part 11 sets out the powers of enforcement officers. Clause 124 provides for emergency access on any land or premises if there is a threat to the safety of persons or property arising from a situation relating to electricity. Clause 131 provides that enforcement officers may apply to a magistrate for a search warrant. Part 12 contains general provisions. Part 13 contains the regulation making provisions.
Part 14 contains transitional provisions and consequential amendments. Clause 164 inserts a new Part 3A into the Electricity Industry Act 1993 which contains provisions which relate to the supply of electricity in an emergency. The Committee notes that new section 47E is a delegation clause. The Committee will write to the Minister in respect of the delegation provision.
The Committee makes no further comment.
ELECTRICITY INDUSTRY (AMENDMENT) BILL
4.1
This Bill was introduced into the Legislative Assembly on 18 March 1998 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.
4.2
The Bill amends various Electricity Acts. Its main purpose is to provide for the dissolution of Power Net Victoria and to facilitate the reduction of certain amounts and imposts.
4.3
Clause 5 makes amendments to effect the abolition of Power Net Victoria. Clause 6 provides for an Order in Council published in the Government Gazette to facilitate a reduction in imposts. Clause 7 obviates the requirement to produce a certificate of title with a request for amendment of the Register in relation to transferred property that is a registered easement. Clause 10 corrects minor typographical errors. In relation to the Electricity Industry (Further Amendment) Act 1994 this is retrospective from 24 December 1994 pursuant to clause 2(2).
The Committee makes no further comment.
5.1
This Bill was introduced into the Legislative Assembly on 18 March 1998 by the Honourable Jan Wade MP with the Honourable Phil Gude MP.
5.2
The purpose of the Bill is to reform the law relating to bills of lading, sea waybills and ship’s delivery orders.
5.3
Clause 6 provides that the provisions of the Bill also apply to sea-carriage documents in electronic or computerised form. Clauses 8 & 9 sets out the rights of various parties under contracts of carriage. Clauses 10 & 11 sets out the liabilities of various parties under contracts of carriage. Clause 12 sets out the evidential effect of a bill of lading.
The Committee makes no further comment.
CRIMES (FAMILY VIOLENCE) (AMENDMENT) BILL
6.1
This Bill was introduced into the Legislative Assembly on 18 March 1998 by the Honourable Jan Wade MP with the Honourable Phil Gude MP.
6.2
The purpose of the Bill is to amend the Crimes (Family Violence) Act 1987:—
- With respect to appeals and costs; and
- To make amendments of a statute law revision nature.
6.3
Clause 5 provides that an appeal under section 20 or section 21 may be brought in relation to the making or refusal to make an order which varies, revokes or extends an intervention order. Clause 7 makes statute law revision amendments which are retrospective from 29 April 1997. They ensure that the "Chief Commissioner of Police" is substituted where appropriate for the "Registrar of the firearms appointed under section 50 of the Firearms Act 1958".
The Committee makes no further comment.
EVIDENCE (CONFIDENTIAL COMMUNICATIONS) BILL
7.1
This Bill was introduced into the Legislative Assembly on 18 March 1998 by the Honourable Jan Wade MP with the Honourable Phil Gude MP.
7.2
The purpose of the Bill is to amend the Evidence Act 1958 so as to protect from disclosure in legal proceedings confidential communications between the victim or alleged victim of a sexual offence and a medical practitioner or counsellor. The Bill enables a court to order disclosure but specifies matters about which the court must be satisfied before doing so.
7.3
Clause 4 inserts new Division 2A into Part II of the Act relating to confidential communications. Clause 5 inserts new section 154 into the Act which is a transitional provision.
The Committee makes no further comment.
8.1
This Bill was introduced into the Legislative Assembly on 18 March 1998 by the Honourable Jan Wade MP with the Honourable Phil Gude MP.
8.2
The purpose of the Bill is to amend the Property Law Act 1958:—
- To provide for a right of account as between co-owners of property; and
- To enable the court to adjust personal property interests of de facto partners under Part IX of that Act.
8.3
Clause 4 inserts new section 28A which relates to the liability of a co-owner to account to the other co-owner. Clause 5 amends the heading of Part IX ("real property of de factos") to reflect that Part IX will apply to all property, both real and personal, of de facto partners. The Committee notes the comments in the Second Reading Speech:—
"While at present, contributions by de facto partners to both real and personal property can be taken into account in adjusting the partners’ real property interests, the current scheme does not provide for the adjustment of personal property interests of de facto partners. In the latter situation, resort must be had to the common law. The Bill addresses this anomaly by empowering the courts to also adjust the personal property interests of de facto partners."
Clause 8 makes statute law revision amendments.
The Committee makes no further comment.
STATE TRUSTEES (AMENDMENT) BILL
9.1
This Bill was introduced into the Legislative Assembly on 18 March 1998 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.
9.2
The purposes of the Bill are:—
- To amend the State Trustees (State Owned Company) Act 1994; and
- To make consequential amendments to the Accident Compensation Act 1985, the Administration and Probate Act 1985, the County Court Act 1958, the Magistrates’ Court Act 1989, the Ombudsman Act 1973, the Supreme Court Act 1986 and the Transport Accident Act 1986.
The Committee also notes the comments in the Second Reading Speech:—
"The purpose of the Bill is to amend the State Trustees (State Owned Company) Act 1994 in accordance with recommendations arising from a National Competition Policy review of that legislation. The Bill also expands the jurisdiction of the Ombudsman to include the clients of State Trustees and makes some consequential amendments to other Acts. In particular, the Bill:
- removes the statutory preference or exclusive access of State Trustees in the provision of a number of trustee and related services;
- allows the clients of State Trustees to have access to the Ombudsman; and
- provides greater legislative clarity where there is some overlap or duplication of provisions between various Acts."
9.3
Clause 4 makes various amendments to the Accident Compensation Act 1985. A new section 130(1A) provides that where State Trustees is nominated to administer compensation payments, the payments must be accepted and administered by State Trustees. Clause 7 inserts a new section 34A in the Administration and Probate Act 1958 to provide for the administration of estates by a creditor.
Clause 8 inserts new Division 2A into the County Court Act 1958 in relation to the administration of children’s funds. Clause 10 amends the Ombudsman Act 1973 to provide that the Ombudsman may investigate any administrative action of State Trustees. Clause 11 inserts a new Division 4A into the Supreme Court Act 1986 in relation to the administration of children’s funds. Clause 12 substitutes various references in the Transport Accident Act 1986.
The Committee makes no further comment.
TRANSPORT ACTS (AMENDMENT) BILL
10.1
This Bill was introduced into the Legislative Assembly on 18 March 1998 by the Honourable Robin Cooper MP with the Honourable Phil Gude MP.
10.2
The purpose of the Bill is:—
- to repeal certain provisions of the National Rail Corporation (Victoria) Act 1991 in order to facilitate the sale of the shares of the State of Victoria in National Rail Corporation Limited; and
- to repeal provisions of the Transport Act 1983 that restrict the carriage of certain goods by commercial goods vehicle; and
- to make a minor amendment to the Rail Corporations (Amendment) Act 1997 concerning the appointment of an authorized person under section 221(1)(c) of the Transport Act 1983.
10.3
Clause 2 is the commencement provision. The Committee notes that the commencement provision is open ended. The Committee also notes the comments in the Second Reading Speech:—
"The sale of National Rail requires approval of the three shareholders, the Commonwealth, NSW and Victoria. Together, with agreement from the other signatories to the agreement, Queensland, South Australia and Western Australia. Arrangements for the sale are being developed (including the sale of Victoria’s shareholding) and the sale is expected to be completed in 1998. While the Government intends to proceed with the Bill, proclamation of these clauses relating to the sale of National Rail will not occur until all outstanding issues between the relevant parties are fully resolved."
10.4
Clauses 3 and 4 repeal various provisions. Clause 7 repeals spent provisions. Clause 10 makes statute law revision amendments. Clause 11 amends section 36 of the Rail Corporations (Amendment) Act 1997. The effect of the amendment will be to maintain the existing ability of the Secretary to the Department of Infrastructure to appoint persons other than employees or agents of a passenger transport company to be authorised persons. The provision operates retrospectively in that it is deemed to have come into operation on 16 December 1997.
The Committee makes no further comment.
11.1
This Bill was introduced into the Legislative Assembly on 18 March 1998 by the Honourable Rob Maclellan MP with the Honourable Phil Gude MP.
11.2
The purposes of the Bill are:—
- to amend the Building Act 1993 to improve the administration of that Act; and
- to amend the Docklands Authority Act 1991 in relation to the administration and enforcement of the building laws in the docklands area.
11.3
Clause 5 amends section 186A to enable the Building Practitioners Board to delegate its functions under section 170(1) to the Registrar of the Board. Clause 6 enables the Commission to enter into arrangements or agreements with any person or body to act as its agent for the purpose of administering the Building Administration Fund. Clause 8 inserts a new section 216A which enables a council to apply to the Minister for an exemption for its municipal building surveyor or from any requirement to consider applications for building work other than prescribed domestic building work. The Committee notes the comments in the Second Reading Speech:—
"To provide the Councils with greater flexibility in their resourcing of the building control function it is proposed to insert a new section 216A to give Councils the ability to opt out of providing building permit services for non-domestic building work subject to the consent of the Minister."
The Committee also notes the explanatory memorandum:—
"This exemption would only be considered in municipal districts where the Minister is satisfied that there are sufficient available private building surveyors. The Minister may at any time revoke such exemption if he or she believes it is necessary."
11.4
Clause 10 amends section 238(1) to enable the building regulations to prescribe the class of building work or proposed building work for which certificates may be given by a prescribed building practitioner. Clause 11 amends section 261 to enable the making of a regulation for the provision of certificates as to compliance with conditions on permits and approvals. Clause 12 substitutes a new section 31 in the Docklands Authority Act 1991 to permit the Minister to specify by Order that a person is responsible for the administration and enforcement of Parts, 3, 4, 5, 7 and 8 of the Building Act 1993 and the building regulations under that Act in any part of the Docklands area. The Minister’s Order must be published in the Government Gazette.
The Committee makes no further comment.
12.1
This Bill was introduced into the Legislative Assembly on 25 March 1998 by the Honourable Marie Tehan MP on behalf of the Honourable Jan Wade MP with the Honourable Bill McGrath MP.
12.2
The purposes of the Bill are:—
- to amend the Credit Act 1984 to allow the Credit Tribunal to make orders varying civil penalties where there have been minor errors; and
- to make a statute law revision change to the Credit (Administration) Act 1984.
12.3
Clause 3 inserts a new section 86AA into the Act which provides that if a credit provider makes an application to the Credit Tribunal and requests the Tribunal to deal with the application, the Tribunal may make an order reinstating credit charges if the Tribunal is satisfied of various matters. Clause 5 inserts a new section 167G which sets out the operation of section 167G. Clause 5 makes a minor statute law revision amendment.
The Committee makes no further comment.
DRUGS, POISONS AND CONTROLLED SUBSTANCES (AMENDMENT) BILL
13.1
This Bill was introduced into the Legislative Council by the Honourable Rob Knowles MLC on 24 March 1998.
13.2
The main purposes of the Bill are:—
- to repeal section 31 of the Drugs, Poisons and Controlled Substances Act 1981;
- to make the sale or supply of certain Schedule 7 poisons by retail no longer subject to the requirement to have a licence;
- to make provision in relation to the treatment of certain patients by medical practitioners with Schedule 8 poisons in certain circumstances.
13.3
Clause 4 amends section 20 of the Act to remove the requirement for persons to obtain a licence to sell or supply by retail any Schedule 7 poison. The Committee notes the comments in the Second Reading Speech:—
"The Bill also proposes that the need to hold a licence to sell or supply a schedule 7 poison by retail be removed. This proposal is in line with government initiatives to reduce the number of licences which businesses are required to hold. In the case of schedule 7 poisons, which are principally used in agriculture, other mechanisms exist to protect the public from the harm which could be caused by these substances. These mechanisms include the requirement that users of these poisons hold a chemical users permit under the Agricultural and Veterinary Chemicals (Control of use) Act and the regulations made under that act. In addition, self-regulatory measures have been put in place by Agsafe, a division of the Agricultural and Veterinary Chemicals Association Ltd, which involve the accreditation of premises and sellers of these chemicals and include sanctions for non-compliance with accreditation requirements. Provisions relating to sale or supply, including maintenance of records and prohibitions of sales to minors are not affected by this amendment."
Clause 7 amends section 33 to make it clear that a registered medical practitioner who has administered, supplied or prescribed any Schedule 8 poison or Schedule 9 poison to or for any patient for a continuous period of 8 weeks or more must notify the Chief General Manager as soon as practicable after the expiration of 8 weeks from the commencement of the prescription.
Clause 8 amends section 35 to authorise a registered medical practitioner to administer or supply a Schedule 8 poison to a person, other than a drug dependant person, during a continuous period greater than 8 weeks without a permit under specified conditions. Clause 9 inserts new section 35A which provides that the Chief General Manager may specify medical conditions by notice published in the Government Gazette.
The Committee makes no further comment.
Committee Room
6 April 1998
| Last update 2/8/99 ©Parliament of Victoria |
 |
 |