Alert Digest No. 4 of 1998
12 May 1998

APPROPRIATION (PARLIAMENT) BILL

1.1

The Bill was introduced into the Legislative Assembly on 21 April 1998 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP.

The Bill provides for payments from the Consolidated Fund to the Parliament in respect to the 1998/99 financial year and for outstanding Parliamentary liabilities incurred prior to 1998/99.

The Committee makes no further comment.

2.1

The Bill was introduced into the Legislative Assembly on 21 April 1998 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP.

The Bill provides for payments from the Consolidated Fund to departments in respect to the 1998/99 financial year and for outstanding departmental liabilities incurred prior to 1998/99.

The Committee makes no further comment.

ROAD SAFETY (AMENDMENT) BILL

3.1

The Bill was introduced into the Legislative Assembly on 21 May 1998 by the Honourable Robin Cooper MP with the Honourable Rob Maclellan MP.

The main purpose of the Bill is to facilitate the adoption in Victoria of national road transport laws that have, and are continuing to be developed by the National Road Transport Commission. The Committee notes the comments from the Second Reading Speech:-

Clause 4 repeals certain definitions that are inconsistent with proposed uniform road transport requirements or are otherwise redundant.

Clause 5 and 6 substitutes certain definitions and inserts new definitions so as to make them consistent with the proposed uniform national road transport requirements. The definition ‘registered owner’ is replaced with the new terminology ‘registered operator’ and is defined to mean ‘the person recorded on the register as the person responsible for the vehicle ‘

Clause 7 inserts a new section 3A applying the Acts Interpretation Act 1901 (Cth) to the Victorian Act, saving the interpretation of the words "Gazette" and "Minister" (which apply to the Victorian Government Gazette and the Victorian Minister respectively.) The new section does not prevent the Victorian Interpretation of Legislation Act 1984 from applying to the extent that it can do so consistently with the Commonwealth Act.

Clause 8 inserts a Division 1 in Part 2 of the Act specifying the functions and powers of the Roads Corporation, sections 5AA and 5AB respectively. The purpose of the insertion is to make the Part consistent with the Road Transport Reform (Heavy Vehicles) Act 1997 (Cth) which forms part of the uniform national road transport requirements.

Clause 10 inserts a new section 6A to prevent the Roads Corporation from registering or renewing the registration of a vehicle unless the Corporation is satisfied the vehicle’s garage address is in Victoria.

Clause 11 substitutes a new section 7(3). The new provision differentiates between penalties for contraventions by individuals and corporations. The present Act relevantly provides "A person who contravenes…"

The penalty provisions are increased for both first and subsequent offences. The penalties provided in the existing legislation ranged from 5-10 penalty units for a first offence to 10-15 penalty units for a subsequent offence. The new provision in the case of individuals provides increased penalties not exceeding 25 penalty units for a first offence and 50 for a subsequent offence and for corporations not exceeding 125 penalty units for a first offence 250 for a subsequent offence.

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

Clause 12 repeals section 8 relating to ‘names in which motor vehicles or trailer may be registered’ and inserts in Schedule 2 a new regulation making power to enable regulations to be made concerning names in which motor vehicles or trailers must not be registered. The regulation making power is consistent with the intent of the present section 8 of the Act which specify names in which a vehicle or trailer must not be registered.

Clause 13 inserts a new section 9A relating to the obligations of a registered owner and a new section 9B provides that the register does not provide evidence of title to a vehicle or trailer. Clause 14 clarifies the demerit points procedures in section 25.

Clause 15 inserts a new section 63A clarifying and extending police powers to remove vehicles obstructing access or egress to or from; (a) right of way, (b) passage; or (c) private drive. The section enables police to gain access to a vehicle using reasonable force and to move that vehicle to the nearest convenient place. New section 63A(2) empowers police to move vehicles which in the opinion of the police, is (i) a danger to other road users; or (ii) causing or likely to cause traffic congestion. New section 63A(4) enables the recovery of reasonable costs incurred in moving the vehicle. The Committee notes the comments in the Second Reading Speech:-

Clause 16 amends section 89D by inserting a new sub-section 3A providing that a licence loss infringement notice in respect of a drink driving infringement can be issued to a person who holds a licence or permit issued in another State, territory or country, or who holds an international driving permit. If the person does not contest the infringement notice they can be disqualified from driving in Victoria in the same way as they would have been disqualified had they held a Victorian licence. At present non Victorian licence holders need to attend Court so that a disqualification order can be made. The Committee note the comments in the Second Reading Speech:-

Clause 17 amends section 89D by inserting a new sub-section 1A providing that a licence loss infringement notice can be issued in respect of an excessive speed infringement committed by a person who holds a licence or permit issued in another State or territory or country, or who has an international driving permit. Such a person can be disqualified from driving in Victoria on the same basis as if they held a Victorian licence.

Clause 18 amends the regulation making powers by allowing regulations to be made by the Roads Corporation to provide recognition of things done or omitted to be done under a law of the Commonwealth or another State or a Territory, the exemption of the application of the Act in respect to certain vehicles, the exemption of certain vehicles from the requirement to be registered and to impose penalties for individuals and corporations not exceeding 20 and 100 penalty units respectively. The current provision allows regulations to be made not exceeding 20 penalty units.

The amendments bring the regulation making powers into line with the national road transport requirements.

Clause 19 inserts new sections 95A and 95B incorporating the provisions of the Roads Transport Charges (Victoria) Act 1995 which is to be repealed. These provisions apply in Victoria the charges contained in the Road Transport Charges ( Australian Capital Territory) Act 1993 (Cth) which forms part of the uniform national road transport requirements. New section 95B provides that section 7 of the Subordinate Legislation Act 1994 (circumstances in which a regulatory impact statement is to be provided by the responsible Minister) does not apply to regulations that revoke the Road Safety (Traffic) Regulations 1988. The explanatory memorandum attached to the Bill states:-

Clause 20 inserts a new section 96A providing the Minister power to declare by notice in the Government Gazette the suspension or variation of the operation of the regulations for a specified period or in a specified manner.

Clause 21 amends schedule 2 item 60 of the Act to allow regulations to be made ‘Conferring a right of appeal or review to a specified court or tribunal against any decision of a Corporation…’ [the amendment inserts or review.]

Clauses 22 and 23 contain transitional and statute law revision provisions.

Clause 24 amends section 89 of the Sentencing Act 1991 to ensure that where a Court finds a person guilty of certain serious offences under the Crimes Act 1958, it may make a finding that the offence was committed while the offender was under the influence of alcohol or a drug which contributed to the offence. After the making of such an order the offender is required to undergo assessments similar to those provided for in the Road Safety Act 1986 before being eligible to have a driver licence restored. The Committee notes the comments in the Second Reading Speech:-

Clause 25 contains transitional provisions in respect to amendments made by clause 24. Clause 26 contain consequential amendments to other Acts to take account of the change of terminology from "registered owner" to "registered operator" being introduced by the Bill. Clause 27 contains consequential amendments to the Transport Accident Act 1986 and inserts in section 3(1) of that Act a new provision defining "public place" for the purpose of that Act. Clause 28 repeals the Road Transport Charges (Victoria) Act 1995 as the relevant provisions are now being incorporated by the Bill.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 22 April 1998 by the Honourable Denis Napthine MP with the Honourable Phil Gude MP.

The purpose of the Bill is to abolish the Victorian Ambulance Board and Ambulance Officers Training Centre (AOTC). In winding up the AOTC the Bill provides for the Secretary of the Department of Human Services to in effect, become it’s full successor in law, and enables the Department to purchase ambulance education and training services from an external body or bodies.

Clause 5 repeals Part 2 of the Act which established the Victorian Ambulance Board. Clause 6 removes references to the Board and to the Centre and adds the functions of providing education and training for ambulance and related services to the Secretary of the Department of Human Services. Clause 7 provides consequential amendments by removing references to the Board and to the Centre. Clause 8 removes the prohibition on the payment of fees to members of committees of management of ambulance services (other than members of Parliament) by allowing them to be paid remuneration as specified in the instrument of appointment. Clause 9 inserts a new section 20A in the Act providing that a position as a member of a committee of management of an Ambulance Service is not an office of profit under the Crown. Clause 11 repeals Part 6 of the Act which created the Ambulance Officers Training Centre. Clause 13 inserts a new Division 2 in the Act dealing with the abolition of the Board and Centre. Persons holding office in either the Board or Centre cease to hold that office. Offices and employees of the Centre cease to be such an officer or employee. In this respect the Committee notes the comment in the Second Reading Speech:-

The new Part further deals with the transfer of assets, including certain land, and liabilities respectively vesting in, and becoming the liabilities of the Secretary. Clause 14 amends sections 135 and 136(3) of the Health Services Act 1988 allowing the Minister for Health to use funds from the Hospitals and Charities Fund for the purpose of providing ambulance services education and training. Clause 15 makes consequential amendments to the Emergency Services Superannuation Act 1986.

The Committee makes no further comment.

5.1

The Bill was introduced into the Legislative Assembly on the 22 April 1998 by the Honourable Marie Tehan MP with the Honourable Phil Gude MP.

The purpose of the Bill is to facilitate the construction of a proposed multi-purpose velodrome by providing for the revocation of reservations of certain lands and to provide for the re-reservation of those lands.

Clause 5 inserts new sections 25E and 25F making provision for the power to excise additional land from Yarra Park and from Public Park Reserve. The Committee notes the comments in the Second Reading Speech:-

Clause 6 states that it is the intention of section 26, as amended by the Bill, that no compensation be payable by the Crown in respect of any act or matter or thing done under or arising out of sections 25E and 25F of the Act.

Clause 6(2) further provides that it is the intention of section 26 (as amended) to alter or vary section 85 of the Constitution Act 1975 and limits the jurisdiction of the Supreme Court in relation to that matter. The Committee notes the comment in the Second Reading Speech:-

This Bill was introduced into the Legislative Assembly on 29 April 1998 by the Honourable Bill McGrath MP with the Honourable Tom Reynolds MP.

The purpose of the Bill is to give effect to the scheme for the international transfer of prisoners set out in the International Transfer of Prisoners Act 1997 (Cth), by enabling such prisoners to be transferred to and from Victoria.

Clause 4 authorises any Victorian Minister of State to perform functions conferred or expressed to be conferred on the Minister by or under the Commonwealth Act and provides the power for the Minister to delegate those functions to an "authorised person" as defined by clause 4(3).

Clause 5 authorises police and prison officers and other officials to perform functions under the Commonwealth Act. Clause 6 provides for the Governor in Coucil to make arrangements for the administration of the Act, including arrangements for Victorian officers to perform functions under the Commonwealth Act. Clauses 7 provides that prisoners transferred to Victoria under the International Transfer of Prisoners Act 1997 of the Commonwealth are to have the same laws, practices and procedures applied to them as apply to Commonwealth prisoners. Clause 8 relates to the transfer of prisoners from Australia and provides that a Victorian sentence of imprisonment ceases to apply to a prisoner once they are transferred out of Australia under the International Transfer of Prisoners Act 1997 (Cth). Clause 9 is the regulation making power. Clause 10 makes consequential amendments to other Acts.

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

The Committee makes no further comment.

7.1

The Bill was introduced into the Legislative Assembly on 21 April 1998 by the Honourable Marie Tehan MP with the Honourable Pat McNamara MP.

The purpose of the Bill is to establish Parks Victoria as a public authority creating an organisation able to deliver park management services for the State’s parks, reserves and open space and other related management functions. The Committee notes the comments in the Second Reading Speech:-

Clause 4 establishes Parks Victoria as a body corporate Clause 5 The new authority created does not represent the Crown. Clauses 6, 7 and 8 respectively set out the membership functions and powers of Parks Victoria. Clause 9 enables Parks Victoria and the Director-General or Secretary to the Department of Natural Resources and Environment to enter into arrangements relating to the prevention and suppression of fire. Clause 10 enables the minister to give directions in relation to the performance of the functions or exercise of the powers of Parks Victoria. Clause 11 is the delegation enabling provision. Clauses 12 to 22 are machinery provisions relating to the Board, it’s Chief Executive Officer, staff and corporate plans. Part 3 relates to staff transfers, transitional provisions and makes consequential amendments.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 29 April 1998 by the Honourable Jan Wade MP with the Honourable Alan Stockdale MP.

The purpose of the Bill is to better regulate fundraising appeals from the public for non-commercial purposes. The Bill repeals the Fundraising Appeals Act 1984. The Committee notes the comment in the Second Reading Speech:-

Clause 4 applies the new Act to an incorporated association and to each member of an unincorporated organisation. The Committee notes the comments in the Second reading Speech:-

Clause 5 provides a definition of the term "fundraising appeal" and clause 5(3) defines certain activities as not being fundraising appeals. Clause 6 provides a definition of "conduct" a fundraising appeal.

Makes provision for standards of conduct to apply to all fundraising appeals such as false statements, requirement for identification badges, requirements for clothing bins, conduct of paid phone canvassers, letters to disclose certain information etc. In the case of false statements the penalty provisions are increased from a maximum of 50 penalty units or two years imprisonment under the old legislation (section 35), to 240 penalty units for corporations to 120 penalty units for individuals or 12 months imprisonment or both. (clauses 7 and 8)

Makes provision for particular fund raising appeals. Clause 16 provides for the exemption from the operation of the Part for particular types of fundraising organisations including registered political parties, religious organisations, registered trade unions, state schools, hospitals and universities or other tertiary institutions. Clause 17 creates an offence to conduct an unauthorised appeal and imposes differentiated penalties for corporations and individuals the same as in clause 7 (above). Clause 18 requires a person intending to conduct an appeal to give the Minister notice of intention at least 28 days before the start of the appeal. Clause 19 requires the beneficiaries of the appeal to consent to the conduct of the appeal. Clause 20 the Minister may approve or veto the intended appeal. Clause 22 makes provision for the urgent grant of a permit to hold an appeal. Clause 24 provides for an appeal from a decision of the Minister to the Administrative Appeals Tribunal. Clauses 25-27 relate to the conduct of appeals according to any conditions imposed by the Minister. Clauses 28-31 concern the keeping of accounts and records with respect to appeals. Clause 32 provides for the audit of accounts and records. Clause 33 concerns the public inspection of accounts and records.

Deal with the power of the Magistrates’ Court under the Act. Clause 34 provide that the Court may order a person to stop conducting an appeal. Clause 35 allows the Court to make a temporary order without notice. Clause 36 allows the Court to make orders concerning wrongly obtained assets. Clause 37 allows the Minister to refer a matter to the Court for answer.

Clause 44 allows the Minister to require a person to give any information or document that the Minister considers necessary to determine whether there has been compliance with the Act. A person must comply with the request. Penalty 240 penalty units for a corporation 120 penalty units in any other case or imprisonment for 12 months or both. [see also clause 60 below]

Clause 45 enables the Secretary to appoint inspectors to conduct inspections for the purposes of the Act. Clause 46 empowers inspectors to enter any relevant business premises to conduct searches to monitor compliance with the Act. Clause 46(5) an inspector may not enter a residence unless the occupier of the residence has consented in writing to the entry and the carrying out of the search. The Committee notes the comments in the Second Reading Speech:-

Clause 47 relates to searches of premises with the consent of the occupier. Clause 49 makes provision for issue of search warrants on application to a Magistrate. Clause 56 makes provision for compensation to be paid for damages caused during an inspection other than an inspection revealing a contravention to the Act. Clause 60 provides:

Clause 62 apply penalties for false staements and information made or given under the Act. Clause 63 provides that that for the purpose of the Act in the case of a person who is an incorporated association or an unincorporated organisation, (a) any requirement can be made of the association or organisation; and (b) any notice or other document can be given to the association or organisation – by making it of, or giving it to, the designated person (defined in section 3), of the association or organisation.

Clause 68 makes directors and officers of corporations liable for certain offences committed by a corporation where the offence is proved to have been committed at the instigation of, or with the active consent or connivance of, or to have been attributable to any wilful neglect on the part of the officer of the corporation.

Clause 69 enables the Minister to delegate any of his or her powers under the Act other than the power to delegate, to any officer of the public service. Clause 71 the Governor in Council may make regulations. Clause 72 makes transitional provisions, and Clause 73 repeals the former Act, the Fundraising Appeals Act 1984.

The Committee makes no further comment.

9.1

The Bill was introduced into the Legislative Assembly on 22 April 1998 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP.

The purpose of the Bill is to amend the Land Tax Act 1958 to introduce an exemption from land tax for land used as a person’s principal place of residence.

Clause 5 inserts a new Part IIA in the Act giving effect to the circumstances in which the exemption will apply. A partial exemption will apply where the land is also used for business activities. Clause 7 amends section 45 of the Act and clarifies the assessment and liability of joint owners. A new section 45A provides for a joint assessment in the case of such land being used as a principal place of residence. By way of background the Committee notes the comments in the Second Reading Speech:-

The Committee makes no further comment.

10.1

The Bill was introduced in the Legislative Assembly on 28 April 1998 by the Honourable Marie Tehan MP with the Honourable Robin Cooper MP.

The purposes of the Bill are:

• to establish the Victorian Catchment Management Council;
• to abolish the Pest Animal Advisory Committee;
• to re-name Regional Catchment and Land Protection Boards as Catchment Management Authorities;
• to validate the establishment and operation of Regional Catchment and Land Protection Boards under the Catchment and Land Protection Act 1994 and their appointment and operation as Authorities under the Water Act 1989; and
• to amend the Catchment and Land Protection Act 1994, the Water Act 1989 and to make consequential amendments to other Acts.

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

Clause 5 substitutes a new Division 1 and inserts a Division 1A of Part 2 of the Act and establishes the Victorian Catchment Management Council. Clause 10 inserts new sections 99 to 103 in the Act and provides for the establishment of Catchment and Land Protection Boards. Clause 12 inserts a new section 114 and 115 in a new Division 6 Part 6 of the Water Act 1989 providing that the effect of instruments referred to in Schedule 3 of the Act (as inserted by schedule 3 of this Bill) is that particular Catchment Management Authorities referred to in the Schedule have conferred on them the management and control of those waterway management districts under the Water Act 1989 which are in the Schedule. The Authorities are deemed to have exercised those powers from the date of the instruments.

The Committee makes no further comment.

11.1

The Bill was introduced into the Legislative Assembly on 22 April 1998 by the Honourable Alan Stockdale MP with the Honourable Robin Cooper MP.

The purposes of the Bill are to amend the Rail Corporations Act 1996 and the Transport Act 1983:-

• to establish a new statutory corporation to operate rural rail passenger services;
• regulate access to certain rail or tram infrastructure and facilitate the entering into of certain leasing arrangements in respect of rail or tram infrastructure;
• enable binding Ministerial directions to be given to rail corporations;
• provide for the appointment of an Administrator to the Public Transport Corporation.

Clause 6 inserts a new section 7A and 7B into the Act. Section 7A allows V/Line Freight, by written notice, to require the owner or occupier of any land to fell and remove any tree or wood on that land that is within 60 metres of a railway track that could obstruct or endanger the railway track or obstruct a view of a signal box. If the owner or occupier does not comply the clause enables V/Line Freight to enter the land and carry out the work specified in a written notice and to recover costs from the owner or occupier for carrying out the work. Section 7B further provides that V/Line Freight is not obliged to fence or contribute to the fencing of any portion of a railway and is not liable for any damage caused by reason of any railway not being fenced in or fenced off. The requirement to provide or maintain fencing is discretionary.

Clause 7 inserts a new Division 2E in Part 2 of the Act establishing the V/Line Passenger Corporation. The same provision in repect to fencing also apply to V/Line Passenger Corporation. (see clause 6 above)

Clause 10 inserts a new Part 2A in the Act establishing a third party access regime for declared rail transport services. The new part provides that it is "relevant legislation" for the purposes of the Office of the Regulator-General Act 1994 and that railways and rail infrastructure and tramways and tram infrastructure are a regulated industry. Rail transport services are declared for the purposes of Part 2A by the Governor in Council on the recommendation of the Minister (new section 38C). Determinations made by the Office of the Regulator-General for the purposes of the new Part 2A cannot be appealed against. (new section 38R) The new section 38R declares that the operation of the Part is intended to have extra-territorial effect in relation to (a) railways and rail infrastructure situated outside Victoria; (b) a rail transport service operating outside Victoria. (38R)

Clause 11 inserts a new section 60A in the Act allowing the Governor in Council to confer certain powers with respect to the clearance of trees, on persons who have leased rail infrastructure or tram infrastructure from Victorian Rail Track, the Public Transport Corporation or the Secretary to the Department of Infrastructure.

Clause 13 declares that it is the intention of the new section 38Q to alter or vary section 85 of the Constitution Act 1975. The Committee notes the statement made in the Second Reading Speech:-

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.

Clause 15 inserts a new Division 3A in Part II of the Transport Act 1983 providing for the appointment of an Administrator and Deputy Administrator of the Public Transport Corporation and sets out their respective functions and powers.

The Committee makes no further comment..

12.1

The Bill was introduced into the Legislative Assembly on 21 April 1998 by the Honourable Marie Tehan MP with the Honourable Jan Wade MP.

The purpose of the Bill is to amend the National Parks Act 1975 and to make other related provisions. The Committee notes the comments in the Second Reading Speech:-

Clause 10 inserts a new Part in Schedule Two – National Parks, thereby creating Terrick National Park.

The Committee makes no further comment.

13.1

The Bill was introduced into the Legislative Assembly on 29 April 1998 by the Honourable Bill McGrath MP with the Honourable Tom Reynolds MP.

The purpose of the Bill is to establish the Public Correctional Services Authority and to make consequential amendments to the Corrections Act 1986 to provide for the role of the new Authority in relation to the provision of correctional services. The Committee notes the comments in the Second Reading Speech:-

Clause 4 establishes the Public Correctional Services Authority. Clauses 6, 7 and 8 respectively set out the objectives, functions and powers of the Authority. The Committee notes the comments in the Second Reading Speech:-

Clauses 4 to 13 establish the Public Correctional Services Authority and set out it’s objectives, functions and powers.

Clauses 14 to 20 concern corporate plans and reports to be prepared and followed by the Authority. Clause 20 provides that the Secretary to the Department of Justice must cause a review to be made of the performance and operations of the Authority by 30 June 2001.

Clauses 21 to 25 contain transitional provisions concerning staff transfers from the Public Service to the Authority. The Committee notes the comments in the Second Reading Speech:-

Make consequential amendments to the Corrections Act 1986. Clause 31 inserts a new Part 2A in that Act and sets out the role of the Authority. New section 9N provides that the Secretary must request a report from the Chief Commissioner of Police into an employee’s character before authorising the employee to exercise any functions or powers.

Clause 36 substitutes a new section 45(1)(b) relating to searches in prisons. The amendment made by the Bill creates a power to search a person authorised to exercise functions or powers under section 9A or 9M of the Corrections Act 1986 . The existing Act provided inter alia, that an officer could be searched by a prison officer which was defined in section 14 and did not encompass persons authorised under section 9A and the new 9M.

The Committee makes no further comment.

14.1

The Bill was introduced into the Legislative Assembly on 22 April 1998 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP.

The purpose of the Bill is to amend the Financial Institutions Duty Act 1982, the Debits Tax Act 1990, the Pay-roll Tax Act 1971, the Taxation Administration Act 1997, the Taxation (Reciprocal Powers) Act 1987 and the Racing Act 1958.

Clause 3 amends section 3(1) of the Debits Tax Act 1982 and has the effect of exempting a debit from the operation of that Act where the debit is due solely to the closure of an account due to the closure, amalgamation or restructure of a branch of a financial institution.

Clause 6 insert into the Pay-roll Tax Act 1971 definitions of "coastal waters of Victoria" and "Victoria". The effect of these insertions extends the area of Victoria to which the Act applies to include the coastal waters over which Victoria has jurisdiction in consequence of the Coastal Waters (State Powers) Act 1980 (Cth). The Committee notes the comments in the second Reading Speech:-

Clause 8 amends the Act in relation to exemptions from pay-roll tax to wages paid or payable in respect of services performed outside Australia. The Committee notes the comment in the Second Reading Speech:-

Clause 9 provides for a reduction in the rate of pay-roll tax from 6.25% to 6%.

Clause 10 provides for the abolition of rebates for bookmakers, turnover tax collected at metropolitan race meetings. The rebates in respect to country race meetings are unchanged by the Bill.

Clause 11 amends the Stamps Act 1958 and provides an exemption from stamp duty on the transfer of a family farm. The committee note the comments in the Second Reading Speech:-

Clause 12 amends the Stamps Act 1958 and changes the threshold for stamp duty relief for first home buyers and pensioners, and the lifting of the threshold at which conveyancing duty reaches the maximum marginal rate. The amendments have necessitated the recalculation of several formulae under the Act which are included in the Bill.

Clause 13 amends the Table under Heading VI in the Third Schedule to the Stamps Act 1958 to increase the threshold at which stamp duty on the conveyance of real property and land transfers rises to 6% from $100,000 to $150,000 and to adjust the thresholds in item 4 from $760,000 to $870,000.

Clause 15 amends the Taxation Administration Act 1997 by substituting a new section 108 enabling a taxpayer to request a review or appeal of a decision of the Commissioner of State Revenue, whether or not the disputed tax has been paid. The Commissioner may apply to the Supreme Court for an order that the tax be paid before an appeal or review proceeds. Clause 17 amends the Taxation (Reciprocal Powers) Act 1987 by inserting a new section 3A providing the Governor in Council may, by Order in the Gazette declare that, a law of another State or Territory or of the Commonwealth, which is a revenue law within the meaning of an Act of that other jurisdiction, may be declared to be a declared revenue law for the purposes of the Act. The new section further provides that an office under a law of the other jurisdiction can be declared to be a declared office in relation to that revenue. The Committee notes the comment in the Second Reading Speech:-

The Committee makes no further comment.

15.1

The Bill was introduced into the Legislative Assembly on 22 April 1998 by the Honourable Phil Gude MP on behalf of the Honourable Rob Maclellan MP with the Honourable Jeff Kennett MP.

The main purposes of the Bill are to amend the Local Government Act 1989:-

• to enable certain extraordinary vacancies on particular Councils to be filled by a countback of votes obviating the need for a by-election;
• to make various other minor changes to the electoral provisions of the Act; and
• to ensure local laws comply with National Competition Policy principles.

Clause 4 provides that electoral rolls must be updated for by-elections but only for the relevant ward or wards. Clause 5 and 6 clarifies election dates for all Councils.

Clause 7 inserts a new section 37A into the Act providing for the filing of an extraordinary vacancy of a district-wide elected councillor by a countback of the votes cast at the election at which the departing councillor was elected. The countback is to be conducted by the Returning Officer who conducted the election. The Committee notes the comments in the Second Reading Speech:-

Clause 8 extends the mandatory time for the holding of a by-election from 60 to 90 days from the occurrence of the extraordinary vacancy. The Committee notes the comments in the Second Reading Speech:-

Clause 9 amends section 70 and has the effect of excluding a vacating Councillor from the countback process introduced by clause 7. Clause 10 provides that the regulations may require Councils to include in their corporate plans specified performance measures.

Clause 14 provides that names of political parties or other allegiances must not be referred to on any ballot-paper.

Clause 15 Restricts the class of persons who may be appointed a scrutineer and provides that a person cannot be appointed a scrutineer if he or she is a person appointed by the State Electoral Office, the Australian Electoral Commission or another Council to be involved in the conduct of the election if that Office, Commission or Council has been appointed to conduct the election.

Clause 16 provides that a disadvantaged voter may ask for assistance with postal voting and may nominate an authorised person to complete a required certificate or declaration on the voter’s behalf. The current voter assistance provision relate only to the marking of the ballot-paper itself.

Clause 17 restricts the number of recounts of votes that may take place to one at the instigation of the returning officer and one at the request of any candidate or his or her scrutineer. Clause 19 inserts a new schedule 3A into the Act making provision for the countback method of filling vacancies introduced by clause 7.

Clause 20 amends the Act to ensure that Council’s local laws comply with National Competition Policy principles. Where in the opinion of the Minister local laws breach the National Competition Policy principles the law may be revoked by recommendation of the Minister to the Governor in Council, after consultation with the relevant council concerned with the breach. The Committee notes the comments in the Second Reading Speech:-

The Committee makes no further comment.

16.1

The Bill was introduced into the Legislative Assembly on 22 April 1998 by the Honourable Denis Napthine MP with the Honourable Phil Gude MP

The purpose of the Bill is to provide:-

• for the registration of physiotherapists;
• for investigations into the professional conduct and fitness to practise of registered physiotherapists;
• to regulate the advertising of physiotherapy services;
• for the establishment of a Physiotherapists Registration Board of Victoria and the Physiotherapists Registration Board Fund; and
• to repeal the Physiotherapists Act 1978.

Clause 3 deals with definitions, and provides for the first time in the Act a statutory definition of "unprofessional conduct" included to mean, .. (h) the finding of guilt of (i) an indictable offence in Victoria or an equivalent offence in another jurisdiction; or (ii) an offence where the physiotherapist’s ability to continue to practise is likely to be affected because of the finding of guilt or where it is not in the public interest to allow the physiotherapist to continue to practise because of the finding of guilt; or (iii) an offence under this Act or the regulations; or (iv) an offence as a physiotherapist under any other Act or regulations.

Clause 5 deals with qualifications necessary to obtain registration. Clause 8 entitles an applicant to make submissions to the Board regarding a refusal to grant an application or limitation or restriction imposed in the grant of an application. Clause 15 requires the Board to keep a register of all physiotherapists granted registration.

Concerns investigations into professional misconduct. Clause 24 enables the Board to suspend registration pending the outcome of an investigation.
A similar provision exists in the current section 17AB. Clause 25 empowers the Board to conduct an investigation into the physical or mental health of a physiotherapist. Clauses 34 to 44 provide for formal and informal hearings following investigations. Clause 45 and 46 make provision for findings and determinations into conduct and ability to practise that can be made after a formal hearing.

Clause 55 provides for review by the Administrative Appeals Tribunal.

Deal with offences. Clause 57 and 58 concern false and fraudulent claims by unregistered and registered physiotherapists providing penalties of up to 240 penalty units or two years imprisonment or both. The former provision was 10 penalty units or 12 months imprisonment or both. Clause 59 deals with false, misleading and deceptive advertising.

Establish the Physiotherapists Registration Board as a body corporate. Clauses 61 to 75 sets out the Boards powers functions and membership.

Clause 76 provides for the establishment of a Physiotherapists Registration Board Fund from which the Board must pay its costs expenses.

Provide for enforcement and supplementary powers. Clause 81 provides powers of entry with a search warrant obtained on application to a Magistrate.

Clause 86 declares that it is the intention of section 52(3) to alter or vary section 85 of the Constitution Act 1975.

Clause 52(3) provides "No action for defamation lies against the Board or its members for giving a notice under this section."

Pursuant to section 52(1) of the proposed Act the Board must, after the giving of a determination by an investigatory panel, give notice of the determination in the Government Gazette, to other physiotherapy authorities in all other States, Territories and in New Zealand, to the Health Services Commissioner, to the persons employer (if applicable), and to an overseas physiotherapy authority, if that authority has requested information regarding that physiotherapist.

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

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.

Clause 87 provides for the regulation making power.

Clause 89 repeals the 1979 Act. Clauses 90 to 95 provides for transitional provisions for the new Board succeeding the old Board.

The Committee makes no further comment.

17.1

The Bill was introduced into the Legislative Assembly on 22 April 1998 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP.

The purpose of the Bill is to make provision regulating certain anti-competitive conduct, to restrict cross-ownership in the gas industry and to make other amendments to the Gas Industry Act 1984. The Committee notes the comments in the Second Reading Speech:-

Clause 5 inserts a new section 5C defining the meaning of ‘substantial degree of power’ in a market. Clause 6 dissolves the Gas Transmission Corporation. Clause 12 inserts a new Part 3A into the Act establishing a regime designed to prevent a significant producer from engaging in anti-competitive conduct by discriminating among gas retailers in a manner that has the purpose of substantially lessening competition in the market.

Clause 31 inserts a new section 101B in the Act and declares that it is the intention of sections 45A and 45Z (to be inserted by clause 12 of the Bill) to alter or vary section 85 of the Constitution Act 1975.

Clause 12 inserts a new section 45A into the Act providing that proceedings may not be brought by way of administrative review or before the Supreme Court by way of prerogative relief, against any person, whether on the ground of absence of jurisdiction or on any other ground, in respect of a decision to issue a competition notice or any act, matter or thing incidental to or leading to the making of such a decision. Further the new section 45Z provides that no proceedings may be brought in respect of a decision or determination of the Office of the Regulator General (ORG) or of an appeal tribunal or in respect of any process leading to such a decision or determination, except as provided by Part 3A. The Committee notes the comments in the Second Reading Speech:-

Clause 12 further provides new section 45L which constitutes an appeal tribunal consisting of three persons appointed by the Minister administering the Office of the Regulator-General Act 1994. Section 45M allow for regulations to govern the procedure of the appeal tribunal. 45H provides that where ORG has issued a competition notice relating to a person it may make an order requiring the payment of a fine to the Consolidated Fund of up to $10,000,000.

Clause 12 further inserts a new section 45Q permitting a party access to the Supreme Court to review a decision by the appeal tribunal on a question of law or on a question of pecuniary penalty issued pursuant to section 45H. Further the new section 45S and 45U allow a person to seek an injunction or declaratory relief respectively, from the Supreme Court, in the event of a contravention or proposed contravention of the competition rule. Section 45T also permits the recovery of damages suffered by a person as a result of the conduct of another person arising from the anti-competitive conduct of that other person.

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.

Clause 15 inserts a new section 48BA in the Act providing that a person is prohibited from providing services as a market participant by means of the Port Campbell underground facility unless they hold an appropriate licence. Clause 24 amends section 52 of the Act containing a provision that gas pipelines used for the conveyance of gas for sale by retail are not subject to local government rates. Clause 34 inserts a new Part 15 in the Act and establishes a cross-ownership regime for the gas industry providing that certain interests in gas companies be prohibited interests, and for the forced divestiture of those interests. Clauses 35 to 38 provide for consequential miscellaneous amendments to the Electricity Industry Act 1993.

The Committee makes no further comment.

18.1

The Bill was introduced into the Legislative Assembly on 22 April 1998 by the Honourable Jan Wade MP with the Honourable Bill McGrath MP.

The purpose of the Bill is to make miscellaneous amendments to various Acts:-

• the Audit Act 1994;
• the Children and Young Persons Act 1989;
• the Confiscation Act 1997;
• the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
• the Gaming Machine Control Act 1991;
• the Gaming No. 2 Act 1997;
• the Magistrates’ Court Act 1989;
• the Port Services Act 1995;
• the Public Sector Superannuation (Administration) Act 1993;
• the Wills Act 1997.

Clause 2(2) provides that the amendment in clause 3 is deemed to have come into operation on 16 December 1997, being the date on which the original section 7F took effect.

Clause 3 amends section 7F(2) of the Act to alter the requirements concerning the qualifications of the directors of Audit Victoria. The new provision requires that seventy five percent of the directors must be members of the Australian Society of Certified Practising Accountants or the Institute of Chartered Accountants in Australia.

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

The Committee notes the retrospective operation of this amendment but believes it is appropriate in the circumstances.

Clause 4 inserts a new section 12A providing for the appointment of an Acting Children’s Court Senior Magistrate. Clause 5 substitutes a new section 13 and inserts a new 13A into the Act permitting the Chief Magistrate to assign duties to a magistrate who must carry out those duties and the power to delegate to any magistrate the power to make arrangements for magistrates to attend courts for the purposes of sections 10 and 13 of the Act.

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

Clause 7 amends the definition of "unlawful activity" in section 3 of the Act by inserting the words "punishable by imprisonment". The section would then read:-

Clause 8 amends the definition of "related offences" in section 8. The amendment brings the section in line with the wording of the definition in rule 2 of the Sixth Schedule of the Crimes Act 1958. Clause 9 further defines "dealing with property" in section 11 of the Act to include using property to obtain or extend credit and using a credit facility which is secured against restrained property. Clause 10 amends and clarifies section 14(7) providing that an undertaking as to damages for the granting of a restraining order is to be given by a person on behalf of the State. Clause 12 amends section 22(c)(ii) of the Act providing that where a court is considering an application made by the executor or administrator of the estate of a deceased defendant the court may make an order excluding the property from the operation of the restraining order if the court is satisfied that there are reasonable grounds to believe that the interest claimed by the estate of the defendant was lawfully acquired by the defendant. Clause 14 inserts a new section 27(3)(ba) providing that where a defendant is acquitted of a civil forfeiture offence, and is not charged with a related offence, any restraining order obtained in relation to that civil forfeiture offence, will cease to be in force on the expiry of 7 days of the acquittal unless the restraining order restrains property for the purpose of civil forfeiture.

Clause 15 repeals paragraph (a) of section 31 of the Act. Accordingly the State’s obligation to satisfy an order for restitution, compensation or an award of damages is not dependent upon a restraining order having been made for a purpose referred to in section 15(1)(e) of the Act.

Clause 15 further inserts a new section 31(2) providing formulae for the calculation of the amount the State must pay to victims of a crime where the amount to which victims are entitled exceeds the amount of property which has been forfeited or paid to the State. In such circumstances a pro rata amount will be paid. The Committee notes the comment in the Second Reading Speech:-

Clause 21 amends section 54(1) and provides that an applicant who proposes to buy back their interest in forfeited property, must make application to do so within 2 months of being notified by the Minister of the value of the forfeited property. [the former provision allowed 6 months]

Clause 21 amends section 56(7) of the Act to provide that where an applicant has purchased their interest in forfeited property and their conviction is subsequently quashed, the applicant is entitled to a refund of the amount paid to purchase the property.

Clause 24 inserts a new section 67(1)(aa) providing that when a court is assessing the value of the benefits derived by a defendant in relation to an offence, the court may consider any money actually received by a defendant and does not need to embark upon an assessment of the profit obtained by a defendant. The amendment gives statutory effect to the approach of the Victorian Court of Criminal Appeal in Director of Public Prosecutions v Nieves and Others [1992] 1 VR 257.

Clause 26 amends section 93(3) of the Act to enable a person to move property subject to an embargo notice issued under section 93(2), where that movement is with the consent of the police officer who issued the embargo notice.

Clause 29 inserts a new section 106(1)(c) into the Act providing that a person is not excused from producing or making available a ‘property-tracking’ document, when required to do so by the production order, on the ground that to do so would breach an obligation, whether imposed by an enactment or otherwise, of the person not to disclose the existence or contents of the document.

Clause 32 inserts a new section 133A into the Act and relates to costs orders that may be made in favour of or against applicants in respect to forfeiture orders. Clause 34 amends section 142(1)(b) of the Act and clarifies that an appeal may be brought in relation to an application to exclude property from the operation of a restraining order made for the purpose of automatic forfeiture, or an application to exclude property which has been automatically forfeited under section 22(1) or section 52(1) respectively. Clause 36 makes consequential amendments to sections of the Act providing that property is forfeited to the Minister and not to the State.

Clause 40 of the Bill amends the Act in respect to the time limits applicable to the review by the Courts of people currently subject to Governor’s pleasure orders. The time within which a court must hear a major review of an existing detainee whose nominal term (defined by section 28) has expired before 18 April 1998 has been amended from 3 months to 6 months and if an existing detainee is on leave as at 18 April 1998, that leave is to continue for a maximum period of 12 months, rather than the 6 month period currently in the Act. Clause 2(3) deems that the amendment comes into operation on
18 April 1998. Clause 41 makes consequential amendments to section 20 of the Mental Health Act 1986 and inserts a new section 20(3) providing that a letter written to or by a forensic patient must, subject to any security conditions imposed under section 17B, be forwarded without being opened to the person to whom it is addressed. Clause 42 makes consequential amendments to a number of superannuation Acts.

Clause 43 of the Bill amends sections 136 and 138 of the Act by reducing the amount paid from the Consolidated Fund to the Community Support Fund in the six financial years commencing 1998/99. In each year the fund will be reduced by $25,000,000. The Committee notes the comments in the Second Reading Speech:-

Clause 44 amends section 52 of the Act and provides that in certain circumstances a volunteer who does not hold an employee’s licence may perform the functions of a bingo employee in a bingo centre. Where the volunteer is acting in good faith, and carrying out the prescribed duties for only one bingo permit holder in any seven day period, they will not be required to hold a bingo employee’s licence.

Clause 45 substitutes a new section 13 and inserts a new section 13A in the Act providing that the Chief Magistrate may assign duties to a magistrate or acting magistrate who may carry out those duties. The new 13A provides that the Chief Magistrate may delegate to any magistrate the power to make arrangements for a magistrate to attend court under section 6(1) and the power to assign duties under the new section 13. The Committee notes the comments in the Second Reading Speech:-

Clause 46 amends Schedule 7 to the Act to provide for the collection of the warrant issue fee prescribed under clause 8(1A) of that Schedule where a warrant has been recalled and cancelled due to a time to pay arrangement being entered into in accordance with clause 7 of that Schedule. The amendment provides that where the registrar makes an instalment or extension of time to pay order after a warrant has been issued, and recalls and cancels that warrant, the registrar must include the warrant issue fee in the amount of the fine. The definition of "fine" in clause 2 of Schedule 7. New clause 7(3A) of Schedule 7 provides that the registrar has a discretion to determine not to include the warrant issue fee in the fine under clause 7(3) where the registrar is satisfied that there are sufficient grounds to do so.

Clause 47 provides for an increase in the size of the Board of the Melbourne Port Corporation from a maximum of 5 to a maximum of 7.

Clause 48 inserts provisions in the Act to enable the Local Authorities Superannuation Fund to transfer to Commonwealth supervision. Clause 49 repeals the Local Authorities Superannuation Act 1988. Which contain the provisions that exercise control over the Fund. The Committee notes the comments in the Second Reading Speech:-

Clause 52 amends section 12 of the Act to clarify the circumstances in which a testator may revoke the whole or any part of their will by a later will. The Committee notes the comment in the Second Reading Speech:-

Clause 54 amends section 36 of the Act to make clear that the operation of section 36 does not preclude the admission of evidence which would otherwise be admissible at law in any proceedings to construe a will. Clause 58 inserts new sections 60 and 61 into the Act which in turn insert a new Part IVA into the Administration and Probate Act 1958 which deal with transitional matters. The Committee notes the comments in the Second Reading Speech:-

The Committee makes no further comment.

19.1

The Bill was introduced into the Legislative Assembly on 8 April 1998 by the Honourable Jeff Kennett MP with the Honourable Alan Stockdale MP.

The purpose of the Bill is to provide for the management of the Victorian public sector. The Committee notes the comments in the Second Reading Speech:-

Clause 5 defines ‘public authority’ for the purpose of the Act. Clause 6 states the Act is not to apply to certain persons, namely, judges, magistrates, senior statutory law officers, members of the police force and officers within the meaning of the Parliamentary Officers Act 1975.

Clause 7 provide for the principles of public sector employment to be established by public Authority Heads. Clause 8 establish public sector conduct principles to be observed by employees. In respect to the principles in clauses 7 and 8 the Committee note the comments in the Second Reading Speech:-

Clauses 10 and 11 provide that the Governor in Council may by order published in the Government Gazette create, abolish or change the name of a Department or Administrative Office. Clauses 12 to 15 provide for Agency and Administrative Office Heads, their responsibilities and duties. Clause 16 declares that certain statutory office holders are Agency Heads. Clause 17 requires the Commissioner for Public Employment, when directed by the Minister, to review the performance of Agency Heads.

Clause 18 permits the Agency Head to delegate by instrument any of his or her functions to any person or body including a function delegated under this Act. Sub-clause 2 further provides that a delegate of a function may subject to any conditions to which the delegation is subject, sub-delegate that function to any other person or body if the instrument authorises it’s sub-delegation. Clause 20 sets out the employer powers of the Agency Head. Those powers are to be exercised in accordance with the principles of public sector employment and conduct principles provided in sections 7 and 8 and in conformity with directions issued by the Commissioner for Public Employment and the relevant provisions of the Act. Clause 21 defines ‘executives’ for the purpose of the Act. Clause 22 identifies who the employers of executives are. Clause 23 provides that employment of executives is governed by contracts of employment between employers and executives and provides for the nature and content of those contracts. Clauses 25 and 26 provide for the directed transfer of employees to other Agencies or to public authorities. Transfers are to be on existing terms and conditions of employment. Clause 27 allow for transfers of employees from one agency to another or to a public authority where agency functions are transferred or cease to exist. Transfers are to be on existing terms and conditions. Clause 28 provides that transfers and staff movements do not constitute a resignation or termination of employment and the movement is to be regarded as continuous service with the pre-transfer service.

Clauses 31, 32 and 33 deal with the termination of employment of non-executive employees, executives employees and designated employees respectively. Clause 34 provides that, an employee may retire at age 55. An Agency Head may cause an employee to be retired on grounds of incapacity to perform his or her duties or physical or mental incapacity. The Public Employment Minister may cause an Agency Head to be retired if satisfied of the incapacity of that person to perform his or her duties or on the grounds of physical or mental incapacity.

Clause 35 provides that subject to awards, agreements or contracts of employment or directions issued by the Public Employment Minister an employee is not entitled to compensation as a result of termination of employment or reduction of remuneration.

Clause 36 establishes the Commissioner for Public Employment, and Clauses 37 and 38 deal with the functions and duties of the commissioner including the power to issue (section 37(1)(b)) written directions concerning the application of public sector employment principles provided by sections 7 and 8. Clause 39 defines the scope or extent of the directions that the Commissioner for Public Employment may establish and issue.

Clause 40 allows for Parliamentary scrutiny of directions issued by the Commissioner under section 37(1)(b). Require that such notices be published in the Government Gazette. Sub-clause 2 provides:-

Clause 41 allows the Commissioner of Public Employment to delegate to any person any function other than the power to delegate.

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

Clause 42 provide for the terms and conditions of appointment for the Commissioner for Public Employment.

Clause 43 set out the functions of the Public Employment Minister and allow the Minister to direct the holding of special inquiries concerning an Agency, prescribed authority or public authority. Clause 44 deal with the powers of the person conducting a special inquiry.

Clause 47 defines the meaning of ‘declared authorities’. Clause 48 states that the provisions of the Act are to apply to declared authorities only if they are specified on Orders in Council made under section 47(2).

Clauses 49 and 50 deal with the employment of Ministerial officers and Parliamentary advisers. Clauses 51, 52 and 53 deal with the employment and termination of employment of certain judicial employees (associates, secretaries etc). Clause 54 empowers the Agency Minister to delegate to any person any function under the Act, other than the power to delegate. Clause 55 enables a person to be directed by an Agency Minister to perform the functions of an office holder in the service of the Crown, under any Act or other document, in the absence of that office holder or in the event of a vacancy in that office. Clause 56 applies the provisions of the Evidence Act 1958 in relation to investigations or proceedings under the Act. Clause 57 allows regulations to be made.

20.1

The Bill was introduced into the Legislative Assembly on 8 April 1998 by the Honourable Phil Gude MP with the Honourable Alan Stockdale MP.

The purpose of the Bill is to:-

• Make consequential and transitional amendments to legislation following from the enactment of the Public Sector Management and Employment Bill;
• Make amendments to legislation to codify the changes made by administrative arrangements since 1983; and
• Amend the Administrative Arrangements Act 1983 to ensure orders under the Act can construe references in legislation to bodies corporate constituted by Agency Heads under the new Public Sector Management and Employment Act 1998.

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

21.1

The Bill was introduced into the Legislative Assembly on 22 April 1998 by the Honourable Phil Gude MP on behalf of the Honourable Rob Maclellan MP with the Honourable Alan Stockdale MP.

The purposes of the Bill are to amend the Melbourne City Link Act 1995 to:–

• Provide for the ratification of agreements with respect to the Melbourne City Link Project and the Exhibition Street Extension Project;
• Make further provision for the operation of the Exhibition Street Extension Project road;
• Amend the Melbourne City Link Authority Act 1994 to make further provisions with respect to the powers and functions of the City Link Authority; and
• Make related amendments to other Acts.

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

Clause 14 substitutes a new section 18(2) in the Act providing that:–

Clause 35 inserts a new section 117A into the Act declaring that it is the intention of section 18 the Act (as amended by this Bill) to alter or vary section 85 of the Constitution Act 1975 by limiting the jurisdiction of the Supreme Court.

The Committee notes the comments in the Second Reading Speech in relation to the variations to the jurisdiction of the Supreme Court:-

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.

Clause 17 inserts a new section 30A into the Act which reserves an additional stratum of underground land in South Richmond. The stratum is required for the emergency egress tunnel for the Burnley Tunnel. Only the stratum below a depth of 15.24 metres from the surface is affected and, Clause 18 inserts a new section 34A in the Act creating a right to compensation, on application by an affected person, in respect of any private property acquired by the new section 30A. The provisions of the Land Acquisition and Compensation Act 1986 apply in the determination of the amount of such compensation.

Clause 26 amends section 94 of the Act to confer on the Extension corporation the same immunities and protections as the Roads Corporation under the Transport Act 1983 and at common law in relation to the operation, maintenance, management and control of highways. These protections and immunities are also extended to persons exercising the Extension corporation’s powers under delegation or sub-delegation.

Clause 35 inserts a new section 117A into the Act declaring that it is the intention of section 94 of the Act (as amended by this Bill) to alter or vary section 85 of the Constitution Act 1975 by limiting the jurisdiction of the Supreme Court.

The Committee notes the comments in the Second Reading Speech in relation to the variations to the jurisdiction of the Supreme Court:-

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.

Clause 31 amends section 103 of the Act to provide that a municipal Council may not exercise certain road and traffic management powers inconsistently with the Extension Corporation. It further provides that the corporation is responsible for fire hydrants on the Extension Road not the Council.

Clauses 33 and 34 make consequential amendments on recent amendments made to the Summary Offences Act 1966, in relation to trespass. The removal of the letter (d) (where occurring in sections 108 and 114 of the Act) amends the authoritiy’s powers to warn or remove persons on licensed land or a temporary construction site.

Clause 36 allows regulations to be made consequent upon the amendments being made in the Bill.

Clause 50 inserts a new section 207F(3)(aa) into the Local Government Act 1989 providing that damages cannot be claimed under section 207F in relation to the operation or effect of the Extension Road.

Clause 51 inserts a new section 242A into the Act and declares that it is the intention of section 207F(3)(aa) to alter or vary section 85 of the Constitution Act 1975.

The Committee notes the comments in the Second Reading Speech in relation to the variations to the jurisdiction of the Supreme Court:-

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.

This Bill was introduced into the Legislative Assembly on 8 April 1998 by the Honourable Alan Stockdale MP with the Honourable Jan Wade MP.

The Committee reported on the Bill in Alert Digest No. 3 of 1998 on 20 April 1998. The relevant extract is set out:-

The Committee wrote to the Minister on 21 April 1998. The Minister responded by way of letter dated 30 April 1998 received by the Committee on 5 May 1998. The Minister’s response is set out:-

23.1

This Bill was introduced into the Legislative Assembly on 8 April 1998 by the Honourable Alan Stockdale MP with the Honourable Jan Wade MP.

The Committee reported on the Bill in Alert Digest No. 3 of 1998 on 21 April 1998. The relevant extract is set out:-

The Committee wrote to the Minister on 21 April 1998. The Minister responded by way of letter dated 6 May 1998 received by the Committee on 8
May 1998. The Minister’s response is set out:-

24.1

This Bill was introduced into the Legislative Assembly on 25 February 1998 by the Honourable Jeff Kennett MP with the Honourable Alan Stockdale MP.

The Committee reported on the Bill in Alert Digest No.2 of 1998 on 7 April 1998. The relevant extract is set out:-

The Committee wrote to the Minister on 8 April 1998. The Minister responded by way of letter dated 20 April 1998 received by the Committee on 22 April 1998. The Minister’s response is set out:-

Public Sector Management and Employment Bill - Extract from the Proceedings

Last update 2/8/99 ©Parliament of Victoria