"The amendments to the Act contained in this Bill will allow the implementation of the national scheme for the permanent identification of cattle from later this year. The scheme will be implemented in Victoria through the use of permanent whole-of-life identification devices produced to national standards. While the process of approving devices will be standardised by a national advisory body, States will remain responsible for administering the scheme by granting identification numbers, approving manufacture of devices, and ensuring the integrity of operating systems."

"In dealing with the occurrence of fire blight in Victoria last year, it became necessary to deal with honey bees potentially contaminated with the fire blight agent. The Plant Health and Plant Products Act 1995 is being amended to ensure that contaminated bees will be dealt with under the Act for disease control purposes."

"It is widely acknowledged that the title to general law land is less marketable and less acceptable as security that a Torrens system title. There are several reasons for this. First, ownership is not guaranteed by the State. Second, it is expensive to trace and gather together the records of the complete series of transactions with the property. Third, since the advent of the Subdivision Act 1988, general law land cannot be subdivided without first being converted to the Torrens system…

Today, there remain an estimated 35,000 parcels of land, representing approximately 3% of the area of this state, which do not have the benefit of the simpler and State guaranteed Torrens system.

This Bill provides for the complete elimination of privately owned general law land. When this is achieved, all owners of land will have the benefit of a Torrens system title."

"The Bill repeals the land dealings registration provisions in the Property Law Act 1958 and provides that no document affecting land may be registered under that Act. This change will require any party dealing in general law land who desires registration to proceed under the Transfer of Land Act 1958."

"I refer to your letter of 13 May 1998 querying the departure in the International Transfer of Prisoners (Victoria) Bill 1998 from the standard practice of setting a fixed period after Royal Assent after which any unproclaimed provisions of the Act come into force.

You are correct in noting that the legislation is part of a Commonwealth and State government scheme and that this is the reason why the provisions of the Act other than Part 1 will come into effect only upon proclamation.

It may be some time yet before all State governments have passed the necessary legislation and before administrative arrangements are in place that will allow for the implementation of the international transfer scheme.

It is intended that Commonwealth and State legislation will be proclaimed simultaneously when all these matters are settled. It is for this reason that there is no set period after which unproclaimed provisions in the Act will come into force."

"The Committee will write to the Minister concerning any current or identifiable users that may have interests or rights affected by the application of the section 85 provision."

"Thank you for your letter of 12 May 1998 seeking advice regarding the provision to vary section 85 of the Constitution Act 1975 contained in the Melbourne and Olympic Parks (Amendment) Bill.

In response to your query, it is my understanding that there are no current or former users of the land subject to the Bill that may be disadvantaged or affected by the section 85 provision.

The proposed development at the National Tennis Centre is to straddle the land subject to the Bill and the existing "national tennis centre land" as defined by the Melbourne and Olympic Parks Act 1985. The Act already contains a section 85 provision that affects the "national tennis centre land" and it was therefore considered appropriate that the provision should extend to the land subject to the Bill."

"Clause 6 inserts into the Pay-roll Tax Act 1971 definitions of ‘coastal waters of Victoria’ and ’Victoria’ for the purposes of that Act The effect of the amendments extends the jurisdiction of the State to encompass the coastal waters in consequence of the Coastal Waters (State Powers) Act 1980 (Cth).

Clause 2 deems that the amendment came into operation on 1 January 1998.

The Committee requests your advice as to why it is necessary to retrospectively apply the operation of this amendment to the Pay-roll Tax Act 1971 to 1 January 1998. The Committee would appreciate your response as soon as possible."

"Thank you for your letter concerning amendments to the Payroll Tax Act 1971 contained in the State Taxation Amendment Bill 1998.

The amendments to which your letter refers are intended to correct an anomaly by making it clear that work performed within Victorian coastal waters and the adjacent area beyond is subject to payroll tax, and not eligible for the exemption provided for work performed wholly outside Australia (that is, in another country).

Payroll tax was previously collected in respect of wages for services performed in Victorian coastal waters and adjacent area. However, an advice from the Solicitor-General revealed that the Act in its current form had no operation for wages earned in those areas. The present amendment enables payroll tax to be collected from 1998 onwards in keeping with the Government’s original intention.

The decision was made in December last year that the measure would take effect from 1 January 1998 only on the basis that the taxpayers and industry association affected by the measure would be notified of the legislative change before the commencement date.

"The Committee notes that the proposed sections 114 and 115 operate retrospectively. The Committee will write to the Minister to request information concerning any persons rights that may be detrimentally effected by the retrospective validation of actions taken by certain authorities as a consequence of these amendments, and how a right of appeal would be dealt with or provided for in relation to a person so effected."

"I refer to your letter of 12 May 1998 concerning the above Bill.

The construction of the clause to which you refer has been drafted on the advice of Parliamentary Counsel. It is premised on the view that it is preferable to be as specific as possible in drafting a clause of this form, so as to deal with all possible actions which could conceivably be taken by a body of this type, rather than by preparing a generalised authorisation.

Prior to approving this Bill for introduction, inquiries were made as to whether the actions listed had been, or could have been, taken. I am advised that certain actions such as entry onto land could well have been taken because of the normal routine operational requirements of weather authorities. However my inquiries have not elicited any grounds for believing that any person may be detrimentally affected or disadvantaged by this clause."

"Thank you for your letter of 12 May 1998 seeking clarification in relation to avenues of appeal or redress available to persons affected by clause 12 of the above Bill.

When Catchment Management Authorities (CMAs) were established throughout non metropolitan Victoria on 1 July 1997, they took over the functions of existing waterway management authorities (WMAs). The functions and powers of WMAs provided under the Water Act 1989 were then available to the CMAs.

As a result of questions raised about the process for the establishment of the CMAs it was considered appropriate to validate their establishment and appointment as Authorities under the Water Act and to validate actions undertaken by them under the Water Act. This is the purpose of clause 12 of the above Bill.

In addition to the functions and powers provided to CMAs under the Water Act (which were previously available to the WMAs), the Water Act also provides numerous checks and balances via opportunities for independent review of decisions or actions by a CMA. For example:

The avenues for review continue to be available to any person affected by decisions or actions of the CMAs. The Catchment and Land Protection (Amendment) Bill 1998 has not altered this situation."