Alert Digest No. 8 of 1998
10 November 1998

The Bill was introduced into the Legislative Assembly on 21 October 1998 by the Honourable Jan Wade MP with the Honourable Alan Stockdale MP. The Second Reading Speech was delivered on 22 October 1998.

The Bill amends the Chattel Securities Act 1987 (the Act) as a consequence of the establishment of the National Vehicle Security Enquiry Register and the Victorian Civil and Administrative Tribunal. The Committee notes the comments in the Second Reading Speech:—

Clause 2 Parts 1 and 2 commence on Royal Assent. The remaining provisions commence on proclamation but not later than by 1 July 1999. Clause 4 makes amendments consequent upon the establishment of the Victorian Civil and Administrative Tribunal. Clause 5 inserts into section 3 of the Act new or amended definitions including new definitions for ‘agricultural implement’, ‘agricultural machine’ and ‘repairer’s lien’.

Clause 7 inserts a new section 7(1A) which provides that if as a result of an administrative or systems error, a registered security interest is not disclosed on a certificate and the purchaser purchases the goods for value in good faith and without notice, the security interest is extinguished. (the security holder may apply for compensation under section 25(1B)). Secondly, it provides for the extinguishment on purchase of goods of a security interest that was registered after a search certificate was issued to the purchaser (provided that the certificate was issued on the day of the purchase or the preceding day). The provision provides the purchaser with a period of time to complete the purchase with certainty that the goods are not encumbered.

Clause 9 inserts a new section 10(4) which provides that a repairer’s lien on goods, whether or not registered under Part 3, ranks in priority to any registered security interest in respect to those goods.

Clause 10 substitutes new definitions for motor vehicles and trailers in section 13(1) of the Act to permit motor vehicles and trailers which are unregistered but eligible for registration to be included as ‘registered goods’ and adds a new category of registrable goods being agricultural machines and agricultural implements.

Clause 11 inserts a new section 25(1B) permitting a person who suffers loss or damage because a security interest that was registered before a search certificate was issued is not disclosed on the certificate and therefore is extinguished under section 7(1A) to apply to the Tribunal for compensation.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 28 October 1998 by the Honourable Jan Wade MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 29 October 1998.

Part 2 of the Bill amends the Crimes Act 1958 concerning the provision of forensic reports; Part 3 of the Bill amends the Confiscation Act 1997 and Part 4 amends the Evidence Act 1958.

Clause 2 provides that Parts 1 and 2 commence operation on Royal Assent. Part 3 is deemed to have come into operation on 1 July 1998. Part 4 is deemed to have come into operation on 20 October 1998.

Clause 3 amends sections 464ZD and 464ZE of the Crimes Act 1958 in respect to the provision of forensic reports. The effect of the amendment is that the prosecution must provide, by registered post, the person or his or her legal practitioner with a copy of every forensic report as soon as practicable. The existing provision makes it mandatory to provide such a forensic report within 7 days after receipt by the prosecution of the report. However, clause 3 also amends section 464ZE(1) to provide that a failure to provide a copy of every forensic report to the person within 7 days of its receipt by the prosecution will result in evidence obtained by the forensic procedure being inadmissible subject to the exceptions provided for in 464ZE(2) and (2A). The exceptions permit a court to exercise discretion by determining whether there are circumstances that justify the reception of the evidence.

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

Clause 4 inserts a new section 590 in the Act (a transitional provision) providing that the amendments made to the Act by the Bill apply only to forensic procedures conducted after the commencement of section 3 (above).

Clause 5 amends section 157 of the Act and inserts a transitional provision relating to the continued application of the now repealed Crimes (Confiscation of Profits) Acts 1986 in respect to serious offences (within the meaning of that Act) for which a criminal proceedings was begun prior to the commencement of Part 2 of the Confiscation Act 1997 (being 1 July 1998), regardless of whether the defendant was convicted before or after that commencement.

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

Clause 6 inserts new sections 19A to 19E into Division 5 of Part 1 of the Act (Boards Appointed and Commissions Issued by the Governor in Council). The provisions are deemed to have come into operation on 20 October 1998.

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

New section 19A(1) makes in plain that in relation to commissions a reference to a "document" includes a reference to a thing. 19A(2)(a) provides that notwithstanding any contrary provision in any Act or law, Division 5 of Part 1 applies to coroners, the WorkCover Authority, any other public statutory authority or a member of the board of management of such an authority, the Director of Public Prosecutions, a member of the police force or the holder of an office established by or under an Act. Further new section 19A(2)(b) provides that the Division applies to any information, document or thing obtained by or in the possession of such a person (in (a) above) and, (c) the disclosure or production to the Commission of any such information, document or thing.

New section 19B allows the presiding commissioner to exclude the public from a hearing, where this will facilitate the conduct of the inquiry or is in the public interest. The Commissioner may also prohibit publication of reports of proceedings or information gained from the hearing. Breach of such an order attracts a penalty of $3,000 or 3 months imprisonment.

New section 19C provides that persons providing evidence to a commissioner may not refuse to do so on grounds of the privilege against self-incrimination. However, such evidence will not be admissible against the person in any criminal or civil proceedings other than for perjury or giving false information.

New section 19D provides that persons are not excused from providing evidence to a commissioner on the grounds of legal professional privilege. However, if a person does refuse to provide the evidence on that basis, the commissioner may require the provision of the evidence at a closed hearing.

New section 19E confers powers on the commissioners of a commission to enter and inspect any place and to take possession of documents and things located there and to copy documents. The commissioner may also authorise (subject to time limits) a member of the police force to carry out these functions. A commissioner may release any document or thing to persons and may require such persons to give an undertaking to comply with any reasonable conditions of release. Penalty for breach $1000.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 21 October 1998 by the Honourable Alan Stockdale MP with the Honourable Jan Wade MP. The Second Reading Speech was delivered on 22 October 1998.

The principal purposes of the Bill are to amend the cross-ownership rules contained in the Electricity Industry Act 1993, to facilitate the development of efficient investment in generation capacity in Victoria and to amend the Electricity Safety Act 1998 to improve its operation. The Bill also repeals certain provisions in the State Electricity Commission Act 1958.

Clause 2 Parts 1, 2 and 4 come into operation on Royal Assent. The remaining provisions commence on proclamation but not later than by 31 December 1999.

Clause 12 removes the words in italics in section 46(3) as follows:— "The owner of an electric line installed in contravention of this section must not use that electric line" and inserts the following words in their place, ‘must ensure that the electric line is not at any time connected to a supply network’.

Clause 13 amends section 70(2)(a) to provide that refusal by the Officer of the Chief Electrical Inspector to supply a certificate of electrical safety form to an appropriate person is an allowable basis for an appeal to the Electrical Appeals Board (the Board). It also inserts a new section 70(7) providing that no appeal lies against the Board against a decision of an accepted electricity safety manager under Parts 3 and 4.

Clause 22 inserts a new Part 11A establishing a regime of infringement notices for certain offences against the Act and the regulations.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 21 October 1998 by the Honourable Tom Reynolds with the Honourable Alan Stockdale MP. The Second Reading Speech was delivered on 22 October 1998.

The Bill amends a number of Acts relating to the gaming industry in Victoria. They are:—

• Casino Control Act 1991;
• Casino (Management Agreement) Act 1993;
• Club Keno Act 1993;
• Gaming and Betting Act 1994;
• Gaming Machine Control Act 1991;
• Gaming No. 2 Act 1997; and
• Tattersall Consultations Act 1958.

Clause 2 Section 36 comes into operation on 1 June 1999. Sections 29, 30, 31 and 32 come into operation on 1 March 1999. The remaining provisions commence operation on Royal Assent.

Clause 9 inserts a new Schedule 6 into the Casino (Management Agreement) Act 1993 setting out the Fifth Deed of Variation to the management agreement between the State and Crown Casino for the Melbourne Casino Project. The Deed extends the completion date for the Lyric Theatre and the Southern Tower of the Hotel for four years to 30 November 2003 but with the obligations to pay liquidated damages for failure to complete the project beyond that date remaining unchanged.

Clause 26 inserts a new section 136B into the Gaming Machine Control Act 1991 to provide a penalty for late payment of all electronic gaming machine taxes and levies. The amendment provides for interest at 20 percent per annum to be payable on unpaid gaming taxes and levies.

Clauses 28 to 39 make amends to the Gaming No. 2 Act 1997. The Committee notes the comments in the Second Reading Speech:—

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 21 October 1998 by the Honourable Alan Stockdale MP with the Honourable Phil Honeywood MP. The Second Reading Speech was delivered on 22 October 1998.

The Bill amends the Gas Industry Act 1994, the Gas Pipelines Access (Victoria) Act 1998, the Gas Safety Act 1997 and certain other Acts for other purposes.

Clause 2 the commencement provisions are:—

1. Part 1 and section 8, 17(1)(2) and (4) and 30 come into operation on the day on which this Act receives the Royal Assent.
2. Sections 9, 10 and 17(3) are deemed to have come into operation on 10 June 1998.
3. Section 22 is deemed to have come into operation on 25 September 1998.
4. Section 21 is deemed to have come into operation on 22 October 1998.
5. Section 13(2) comes into operation on a day to be proclaimed.
6. The remaining provisions of Part 2, Part 3, sections 24(1), 26(2) and (3), 27, 28 and 29 and Part 5 come into operation on 1 December 1998.
7. Subject to sub-section (8), the remaining provisions of Part 4 come into operation on a day to be proclaimed.
8. If a provision referred to in sub-section (7) does not come into operation before 1 December 1999, it comes into operation on that day.

Clause 2(5) provides that in Part 2 of the Bill section 13(2) comes into operation on a day to be proclaimed. Clause 2(6) of the Bill states that the remaining provisions of Part 2 come into operation on 1 December 1998. Section 13(2) of the Bill inserts new sub-sections (8) and (9) in section 48A of the Act dealing with ‘Tariffs and Charges Orders’.

Clause 2(2) provides that sections 9, 10 and 17(3) are deemed to have come into operation on 10 June 1998.

Clause 9 substitutes a new section 16I of the Gas Industry Act 1994 to provide a protection from liability for VENCorp and the directors and servants of VENCorp in certain circumstances.

The new section 16I provides:—

1. A person to whom this section applies is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done or omitted to be done in good faith –

Clause 10 substitutes a new section 16J of the Gas Industry Act 1994 to provide an immunity from suit for persons generally in certain circumstances and particularly for GASCOR, or gas retailers and servants and agents of, or persons acting on behalf of, or performing work or services, whether directly or indirectly, for GASCOR or a gas retailer in certain circumstances.

The new section 16J provides:—

1. A person is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done, or omitted to be done in good faith –

1. in the execution of any direction under, or purportedly under, this Division; or
2. in the reasonable belief that the act or omission was done in the execution of such a direction.

2. A person to whom this sub-section applies is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done, or omitted to be done, in good faith –

1. in the execution of any direction or purported direction (whether or not under this Division) given by VENCorp to that person or an agent of that person (whether or not by name) on or after 11 June 1998 and before the date on which the Gas Industry Acts (Amendment) Act 1998 receives the Royal Assent; or
2. in the reasonable belief that the act or omission was done in the execution of such a direction.

3. Sub-section (2) applies to GASCOR, gas retailers and servants or agents of, or persons acting on behalf of, or performing work or services, whether directly or indirectly, for, GASCOR or a gas retailer.

Clause 17(3) substitutes a new sub-section (5) in section 62G in Part 6A – ‘Gas Supply Emergency Provisions’ of the Gas Industry Act 1994 to provide that "The Minister may at any time by direction under this section amend or revoke a direction, prohibition or requisition". The current 62G(5) provides "The Minister may at any time revoke a direction, prohibition or requisition."

Clause 13(1) inserts a new sub-section (7) after section 48A(6) of the Act and provides "The first Order made under this section has effect from 11 December 1997." Section 48A is contained in Part 4A, Division 1. The Part is headed ‘Regulation of Gas Industry’ and the Division headed ‘Regulation of Tariffs and Charges’.

Clause 21 provides that at the end of section 101B of the Act insert new sub-section (2).

Whilst sections 16I and 16J are new provisions (as set out above), whereas section 62L is an existing provision inserted into the Act by s.39 of No. 31/1995.

Section 62L (Immunity from suit) is in Part 6A - ‘Gas Supply Emergency Provisions’ and provides:—

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

Clause 22 is declaratory and provides ‘A delegation by the Minister under section 62I of the Principal Act on 25 September 1998 has effect as if it referred to the gas supply emergency throughout Victoria arising from an incident at Longford which occurred on that date.’ Section 62I is located in Part 6A of the Act – ‘Gas Supply Emergency provisions’ and provides:—

Clause 27 inserts a new offence, in section 79A of the Act which provides that a person must not wilfully or negligently break, injure, open or tamper with any gas installation or pipeline. Penalty $10,000.

Clauses 31, 32 and 33 amend the Building Act 1993, the Office of the Regulator-General Act 1994 and the State Electricity Commission Act 1958 respectively.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 27 October 1998 by the Honourable Jeff Kennett MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 28 October 1998.

The Bill amends the Land Titles Validation Act 1994 to validate certain ‘intermediate period acts’* and to confirm the effect on native title of certain acts; and to amend the Pipelines Act 1967 for the purpose of the application of the Native Title Act 1993 of the Commonwealth.

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

Clause 2 Parts 1 and 2 commence on Royal Assent. The remaining provisions commence on proclamation but not later than by 1 August 1999.

Clause 5 inserts new Parts 2A, 2B and 2C in the Act.

New section 13A validates certain intermediate period acts. The expression "intermediate period act" is defined in section 232A of the Commonwealth Act as an act that took place between 1 January 1994 and 23 December 1996 and that meets the various conditions set out in that section. Under the Commonwealth legislation the State must within 6 months of the commencement of it’s legislation notify certain details relating to intermediate period acts to the public and to native title bodies and claimants in relation to the affected land or waters.

New section 13B provides that certain Category A intermediate period acts not involving public works extinguish native title. Category A intermediate acts are defined in section 232B of the Commonwealth Act and include the grant or vesting of freehold; the grant or vesting of a Scheduled interest; the grant or vesting of certain leaseholds that confer a right of exclusive possession; and the construction or establishment of a public work.

New section 13C provides that certain Category A intermediate period acts extinguish native title.

New section 13D provides that certain Category B intermediate period acts (defined by section 232C of the Commonwealth Act) extinguish native title. Category B acts are the grant of a lease that is not a Category A intermediate period act not including mining leases or certain leases for the benefit of Aboriginal peoples. 13D does not apply if 13H or 13L apply to it.

New section 13E applies to Category C and D intermediate period acts (defined by section 232D and 232E of the Commonwealth Act) as the grant of a mining lease and an intermediate period act not being in Category A, B or C. New section 13E does not apply to an act if new section 13L applies to it.

New section 13F preserves certain beneficial reservations and conditions notwithstanding the provisions of 13B, 13C, 13D or 13E.

New section 13G provides that under section 22G of the Commonwealth Act, native title holders are entitled to compensation because of the validation by this Act of an intermediate period act attributable to the State. Compensation is payable by the State and to be determined in accordance with the principles contained in Division 5 of Part 2 of the Commonwealth Act.

New section 13H confirms the extinguishment of native title by previous exclusive possession acts of the State, other than public works. The provisions apply to estates and interests validly granted or vested on or before 23 December 1996 and include:— a Scheduled interest; a freehold estate and certain leaseholds, other than mining leases, that confer a right of exclusive possession; and in certain circumstances mining leases so far as they apply to certain developed land.

New section 13I confirms the extinguishment of native title by previous exclusive possession acts of the State consisting of public works that were validly undertaken and commenced to be constructed or established on or before 23 December 1996.

New section 13J preserves certain beneficial reservations and conditions, notwithstanding the provisions of 13H and 13I.

New section 13K confirms the validity of the use by the Crown of waters and of certain land.

New section 13L confirms the partial extinguishment of native title by previous non-exclusive possession acts of the State (defined in section 23F of the Commonwealth Act) such as non-exclusive agricultural leases and non-exclusive pastoral leases validly granted on or before 23 December 1996; legally enforceable rights to the grant of such leases created on or before that date and exercised after that date; and arrangements for the grant of such leases completed after that date but made on or before that date in good faith and evidenced in writing.

New section 13M preserves certain beneficial reservations and conditions notwithstanding the provisions of 13L.

New section 13N requires that certain written prescribed notices to be given in respect to non-exclusive possession acts to which section 23F(3)(c)(ii) of the Commonwealth Act applies to representatives of Aboriginal/Torres Strait Islander bodies; registered native title bodies corporate; and registered native title claimants in relation to the land or waters that will be affected by the act, or acts of that class, in relation to the land or waters concerned. The person or body must be given an opportunity to comment on the act or class of acts.

New section 13O provides for compensation under section 23J of the Commonwealth Act for any extinguishment under Part 2B of any native title rights and interests by an act under this Act. The compensation is payable by the State and is to be determined in accordance with the principles contained in Division 5 of Part 2 of the Commonwealth Act.

New section 13P sets out the circumstances in which new section 13Q will apply.

New section 13Q provides that certain future acts are valid if the requirements of new section 13P are met.

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

Clause 10 substitutes section 20(2) of the Act to provide that the grant of an easement does not authorise the compulsory acquisition of native title rights and interests.

Clause 11 substitutes sections 22, 22A, 22B and 22C and inserts two new sections 22D and 22E.

New section 22 provides for the compulsory acquisition of private land and that the Land Acquisition and Compensation Act 1986 applies.

New section 22A provides for the compulsory acquisition of native title land and that the Land Acquisition Act 1986 applies. The Minister is authorised to comply with any relevant procedure under the Native Title Act 1993 (Cth).

New section 22B provides for the referral of objections to the Victorian Civil and Administrative Tribunal (the Tribunal).

New section 22C provides for the determination of objections by the Tribunal.

New section 22D provides for disputed claims for compensation in relation to native title including the right to just terms compensation.

New section 22E provides for the validity of pipelines permits.

Clause 13 makes a consequential amendment to Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 21 October 1998 by the Honourable Jan Wade MP with the Honourable Alan Stockdale MP. The Second Reading Speech was delivered on 22 October 1998.

The Bill amends the Legal Aid Act 1978 (the Act). The main purposes of the Bill are:—

1. to provide for the waiver of a "means test" in relation to legal assistance matters under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
2. to make provision for certain money to be paid directly to the Legal Aid Fund;
3. to clarify the powers of VLA (Victoria Legal Aid) in respect of panels of legal practitioners; and
4. to provide for VLA to enter into legal aid arrangements.

Clause 2 The amendments introduced by the Bill (saving Parts 3 and 4) come into operation on Royal Assent. Parts 3 and 4 commence operation on proclamation but not later than by 1 January 1999.

Clause 4 inserts a new sub-section (2A) into section 24 of the Act and provides that in the making of a decision whether legal assistance is to be provided in respect of certain applications made under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, VLA is not required to have regard to certain financial matters pursuant to section 24 of the Act. In these cases the "means test" can be waived.

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

Clause 6 inserts a new section 27A into the Act and clarifies the situation where a person has made payments to VLA on account of out of pocket expenses in advance of legal assistance being provided and that assistance is subsequently not provided, that VLA must refund such amounts from the Fund.

Clause 7 amends section 30 of the Act by substituting sub-sections (4) to (16F) for the old sub-sections (4) to (16). Practitioners will now apply for inclusion to any referral panel established under section 30 and are disqualified in certain circumstances from re-applying. Where applications are refused the practitioner may have the matter heard by an independent reviewer. VLA has power to remove a practitioner from a referral panel. A practitioner may also request to be removed from the panel. Removal of a practitioner from a panel is subject to review by an independent reviewer.

Clause 8 substitutes new sub-sections (18) and (18A) in lieu of sub-section (18) of section 30 of the Act. The new section 30(18) and (18A) provides:—

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

Clause 11 inserts a new sub-section (4) in section 49B of the Act providing that it is the intention of section 30(18) (as substituted by the Bill) to alter or vary section 85 of the Constitution Act 1975. The Committee notes the Minister’s section 85 statement made in the Second Reading Speech:—

Clauses 13 to 17 deal with funding arrangements. Clause 15 allow the VLA to enter into legal aid arrangements with the Commonwealth with the approval of the Attorney-General.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 21 October 1998 by the Honourable Jan Wade MP with the Honourable Alan Stockdale MP. The Second Reading Speech was delivered on 22 October 1998.

The Bill amends the following Acts:—

The Co-operatives Act 1996; the Domestic Building Contracts Act 1995; the Motor Car Traders Act 1986; the Prostitution Control Act 1994; the Second-Hand Dealers and Pawnbrokers Act 1989; the Small Claims Act 1973; the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998; and the Victorian Civil and Administrative Tribunal Act 1998.

The Bill makes consequential amendments to a number of other related Acts.

Clause 2 Parts 1 and 2 commence operation on Royal Assent. The remaining provisions, saving Part 8 and section 37(3), commence upon proclamation but not later than by 1 July 1999.

Clause 2(2) provides that Part 8 and section 37(3) are deemed to have come into operation on 1 July 1998.

Part 8 (clauses 21 and 22) amends the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998. The Explanatory Memorandum to the Bill states that the amendments address inadvertent errors contained in amendments made by that Act and amendments which should have been included in that Act but were inadvertently left out.

Clause 37(3) substitutes a reference to the Business Licensing Authority for a reference to the Tribunal in section 22(3) of the Estate Agents Act 1980.

Clauses 3 to 5 make amendments to the Co-operatives Act 1996.

Clauses 6 and 7 make amendments to the Domestic Building Contracts Act 1995. The Committee notes the comments in the Second Reading Speech:—

Clauses 8 and 9 amend the Motor Car Traders Act 1986.

Clauses 10 and 11 amend the Prostitution Control Act 1994. The Committee notes the comments in the Second Reading Speech:—

Clauses 12 to 15 amend the Second-Hand Dealers and Pawnbrokers Act 1989 (the Act).

Clause 12 amends the definition of "associate" in section 3(1) of the Act so as to exclude from the definition a spouse or de facto spouse who is not, has not been, and will not be involved in the person’s business as a second-hand dealer and pawnbroker. (see excerpt below from Second Reading Speech). Clause 13 inserts a new section 6 in the Act so as to exclude from some of the categories of persons ineligible to be registered, persons who have been given permission to be registered under the new section 10A. (see Second Reading Speech excerpts below). Clause 14 amends section 9B of that Act to provide for reviews by VCAT of decisions of the Business Licensing Authority in respect of applications for permission under section 10A of the Act, and to impose, vary or revoke a condition of a permission. Clause 15 substitutes a new section 10 and inserts new sections 10A (referred to above) and 10B. The provisions relate to automatic cancellation of registration, permission to be registered or to continue to be registered and conditions placed on such permission respectively. The Committee notes the comments in the Second Reading Speech:—

Clauses 16 to 20 amend the Small Claims Act 1973 (the Act). Clause 16 amends the definition in section 2 of the Act by replacing the definition of "consumer" with a definition of "customer" and thereby removes the prohibition of a customer being either a corporation or a person who buys or hires goods and services in the course of trade or business or for resale or re-hire. The Committee notes the comments in the Second Reading Speech:—

Clause 18 inserts a new section 17 in the Act and allows a court to stay proceedings before it on the application of the defendant if the court considers the proceedings would be more appropriately dealt with by VCAT, provided the interests of the plaintiff are not materially disadvantaged by the granting of the stay. Clause 19 removes the word "applicant" from section 18 of the Act allowing the VCAT to make an order against an applicant in a small claim proceeding. An amendment to section 19 of the Act allows the parties, by written consent, to wave the jurisdictional limit of $10,000 of VCAT allowing VCAT to make an order in excess of that amount. The Committee notes the comments in the Second Reading Speech:—

Clause 23 amends provisions of the Victorian Civil and Administrative Tribunal Act 1998.

Clauses 24 to 34 constitute Part 10 of the Bill and make amends to a number of Acts. The amendments replace references to the former Administrative Appeals Tribunal or a reference to "the court" with references to VCAT. These amendments were inadvertently omitted from earlier legislation.

Clauses 35 to 39 makes amendments to a number of other licensing Acts by, inter alia, inserting new definitions of "externally-administered body corporate" and "insolvent under administration" in those Acts.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 21 October 1998 by the Honourable Rob Maclellan MP with the Honourable Tom Reynolds MP. The Second Reading Speech was delivered on 22 October 1998.

The Bill dismisses the Nillumbik Shire Council; makes provision for the expiry of the Order in Council that applies to that Council; and sets a date for a general election of the Nillumbik Shire Council.

Clause 2 The Bill comes into operation upon Royal Assent. Clause 3 The Bill must be construed as if it were part of the Local Government Act 1989. Clause 4 defines the "Order in Council" made on 13 October 1998.

Clause 5 dismisses the Nillumbik Shire Council. The councillors cease to hold office and the administrator appointed by the Order in Council continues as the administrator of the Council.

Clause 6 sets 20 March 1999 as the date for a general election to be held for the Nillumbik Shire Council. The Committee notes the comments in the Second Reading Speech:—

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 21 October 1998 by the Honourable Rob Maclellan MP with the Honourable Tom Reynolds MP. The Second Reading Speech was delivered on 22 October 1998.

The Bill amends the Melbourne City Link Act 1995 (the Act) and certain other Acts. The main purposes of the Bill are:—

1. to facilitate the administration and enforcement of the tolling provisions of the Act;
2. to make further provision in relation to the privacy of information collected in relation to tolling;
3. to provide for certain powers in relation to the operation of the Link road and the Extension road; and
4. to provide for certain powers in relation to particular land in the project area.

Clause 2 The amendments, saving section 18(2) and (5), come into operation on Royal Assent. Section 18(2) and (5) come into operation on proclamation but not later than by 31 December 2000.

Clause 12 inserts new definitions into Part 4 of the Act including for "start-up period" being a prescribed period during which lower penalties may apply.

Clause 15 replaces section 73 with new sections 73 to 73E and creates an offence to use a vehicle on the City Link or Exhibition Street Extension (the roads) if it is not registered (unless otherwise exempt from registration). One trip being one offence. It is a defence if the driver believed on reasonable grounds that the vehicle was registered to use the roads.

New sections 73A, 73B and 73C deal with the on-going and temporary registration and cancellation of registration of vehicles to use the roads.

New section 73D requires a relevant corporation to give certain tolling zone use information to persons seeking registration. It is an offence to fail to do so.

New section 73E deals with certain notice of cancellation or suspension requirements by corporations to persons in accordance with tolling agreements.

Clause 16 substitutes section 75 and makes it an offence to obtain registration by fraudulent or collusive means.

Clause 20 amends section 82 of the Act to enable an infringement notice penalty for toll evasion to be reduced during the start-up period to a fine not exceeding $100. The penalty after the start-up period will revert to $100 (one penalty unit). Clause 21 substitutes section 86 of the Act and allows the PERIN procedure under the Magistrates’ Court Act 1989 to be used for infringement notices for tolling fines.

Clause 22 amends sections 87 and 89 of the Act in relation to the production of evidence generated by the tolling scanners or from the tolling records for use in legal proceedings relating to tolling. Clause 23 substitutes section 88 of the Act and allows evidence generated by the tolling system to be used on a similar basis to existing red light and speed camera legislation.

Clause 25 inserts a new Division 3 in Part 4 of the Act and establish a regime for the privacy of tolling records. Unauthorised use will attract a maximum fine of $10,000. Section 90B will permit access to tolling records to the police for the enforcement of the criminal law (indictable offences only, but including offences committed outside Victoria that would have been indictable offences if committed in Victoria). Section 90C requires the police to maintain records of access to information provided under 90B for the purposes of monitoring by the Ombudsman. 90D allows courts to use tolling records to be used for the purpose of enforcing and executing Court orders. New section 91 authorises the Roads Corporation and its staff and agents to disclose information to the enforcement agency for the purposes of tolling information. Clause 26 allows a person authorised by the Minister to inspect tolling records. The Committee notes the comments in the Second Reading Speech:—

Clause 30 inserts new sections 114A and 114B in the Act and authorises the relevant corporation to remove stationery vehicles and abandoned property from hazardous locations, such as tunnels.

Clause 31 amends the regulation making powers under section 118 of the Act prescribing the method for the production of evidence from the tolling system for use in legal proceedings and exempting vehicles from registration.

Clause 35 amends section 13 of the Ombudsman Act 1973 to confer jurisdiction on the ombudsman to monitor police compliance with the proposed new regime of tolling records use for law enforcement purposes introduced by the provisions of this Bill. New section 22B allows the Ombudsman and authorised officers to enter police premises for the purposes of enforcing the toll records provisions and 22C requires the police to give reasonable assistance to the Ombudsman carrying out monitoring functions. Clause 37 inserts a new section 25A requiring the Ombudsman to report annually to the Minister on the results of the monitoring with a copy of the report also to be provided to the Chief Commissioner of Police and the Attorney-General.

Clauses 42 and 43 amend the Impounding of Livestock Act 1994 to confer power on the operators of City Link and the Exhibition Street Extension the powers of a highway authority to remove stray animals and to deliver them to the nearest pound.

Clause 44 amends the Magistrates’ Court Act 1989 in several respects as a consequence of the new tolling enforcement and infringement procedures introduced by this Bill.

Clause 45 inserts a new section 9AA into the Road Transport (Dangerous Goods) Act 1995. This will empower the WorkCover Authority, as the "Competent Authority" for the transport of dangerous goods in Victoria, to prohibit or regulate the transport of dangerous goods (as defined in that Act) on particular routes, in particular areas or at particular times. The purpose is a general power not limited to the City Link, but will enable City Link to prohibit the use of City Link tunnels by certain vehicles.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 21 October 1998 by the Honourable Tom Reynolds MP with the Honourable Alan Stockdale MP. The Second Reading Speech was delivered on 22 October 1998.

The Bill amends the Racing Acts 1958, the Lotteries Gaming and Betting Act 1966, the Stamps Act 1958, the Gaming No. 2 Act 1997 and the Gaming and Betting Act 1994.

Clause 2 provides that Part 1 comes into operation on Royal Assent. The remaining provisions commence on proclamation but not later than by 1 December 1999.

Clause 5 amends section 5 of the Racing Act 1958 to provide that it is lawful for certain types of wagering to take place at any time on approved racecourses. The Committee notes the comments in the Second Reading Speech:—

Clause 11 amends section 40(1) of the Act to provide that appointment to the Harness Racing Board may be made for a period of up to 3 years as specified in the instrument of appointment. The current provision is a fixed 3 year term.

Clause 13 amends section 45 of the Act to empower the Minister, on the recommendation of the Harness Racing Board to suspend the members of a committee or other managing body of any harness racing club and appoint an administrator of the club. Clause 15 amends the Act by inserting new sections 49A and 49C and deals with the hearing of appeals by the Harness Racing Board. Clause 19 amends section 80 of the Act and deals with the hearing of appeals by the Greyhound Racing Control Board.

Clause 23 amends section 94A of the Act to extend the time limits and circumstances for the lodgement of complaints against bookmakers who default in the payment of wagers. The Committee notes the comments in the Second Reading Speech:—

Clause 26 amends section 16 of the Act to recognise that bets made in accordance with section 4 of the Racing Act 1958 or a club betting permit are wagers recoverable by law. Clause 27 amends section 38(2A) of the Act to provide that it is optional for fees to be prescribed for approvals for betting on foot races and bicycle races.

Clause 33 amends section 118(2) of the Act to permit the Comptroller of Stamps or any authorised officer powers of entry and inspection at a race-course or sports ground or at premises specified in a betting permit to ascertain compliance with the Act and the regulations.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 21 October 1998 by the Honourable Alan Stockdale MP with the Honourable Phil Honeywood MP. The Second Reading Speech was delivered on 27 October 1998.

The Bill amends the Rail Corporations Act 1996 and the Transport Act 1983.

Clause 2 provides that Part 1 and sections 40 to 43 commence operation on Royal Assent and the remaining provisions commence on proclamation but not later than on 1 January 2000.

Clause 14 insert new sections 59A to 59C and deal with the officers and employees of rail corporations, their deemed transfer and the employment of those transferred employees on the same terms and conditions as with the former employer.

Clause 15 substitutes new Parts 4 to 7 in the Act. In the substituted Part 4 new section 60 requires owners or occupiers of land, on reasonable written request to fell and remove any tree or wood that is within 60 metres of a railway track that could obstruct a view of a signal box.

New section 61 provides that any person to which the section applies (see s. 61(3)) is under no obligation to fence or contribute to the fencing of any portion of a railway or tramway or be liable for any damage that may be caused by reason of any railway or tramway not being fenced in or fenced off. The requirement to fence or maintain fencing is discretionary. (see s. 61(2)).

Clause 15 (cont.) The substituted Part 5 deals with prohibited interests in certain shares and trusts and imposes cross-ownership restrictions on metropolitan train and tram operators and persons who have controlling interests in those operators. If the Office of the Regulator-General (ORG) determines that a person has a prohibited interest it may require that the offender dispose of the relevant shares or desist from controlling the relevant corporation within 3 months or a longer period if so specified. If the person fails to dispose of those shares they are forfeited to the Crown (new section 96). New section 100 provides that a person on whom notice of a determination of ORG is served under Part 5 may appeal to the Supreme Court against the determination. An appeal must be made within 21 days of service (section 102 deals with service) of such a determination and the period of limitation may not be extended. Sub-section (5) states that except as provided under Part 5 a determination may not be challenged or called into question.

New section 105 provides that it is the intention of section 100(5) to alter or vary section 85 of the Constitution Act 1975.

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

New section 104 excludes from the operation of the Freedom of Information Act 1982 documents disclosing the identity of any person expressing an interest in purchasing any property of V/Line Freight, V/Line Passenger Corporation, Met Train 1, Met Train 2, Met Tram 1, Met Tram 2 or any shares in a train or tram operator or any document which discloses the terms of any such expression of interest or offer.

New section 106A in Part 7 (Transitional) provides that on the privatisation of V/Line Freight the Public Transport Corporation established under Part II of the Transport Act 1983 becomes the successor in law of V/Line Freight and the directors and CEO of V/Line go out of office.

Clause 22 inserts a new section 8 and 9 of the Act establishing a Director of Public Transport and sets out the powers and functions of the Director.

Clause 27 inserts definitions of ‘ticket offence’ and ‘ticket infringement’ in section 208 of the Act. Clause 29 provides a new definition for ‘authorised officer’ in section 211 of the Act for the purpose of ticket infringements.

Clause 30 amends section 212 of the Act and deals with ticket and transport infringements and allows authorised officers and members of the police force to serve infringements notices and allows regulations to be made prescribing ticket infringements for which notices may be served. Clause 31 inserts a new sub-section (2A) in section 218B and empowers authorised officers to request name and address where an officer believes on reasonable grounds that a person has committed or is about to commit certain specified offences.

Clause 32 inserts a new section 219AA and empowers authorised persons to detain suspected offenders for reasons of public safety; to ensure the persons appearance in court; to preserve public order; to prevent the continuation of the offence or the commission of a further offence. The authorised person may ask another person for assistance in such detention and must not use any more force than is reasonable in the circumstances. The authorised person must give the alleged offender into the charge of the police as soon as practicable after detaining them.

Clause 33 amends section 220 of the Act dealing with the power to remove offenders from premises or property of the corporation or company. The Committee notes the comments in the Second Reading Speech:—

Clause 34 inserts new sub-sections (1A) and (1B) in section 221 of the Act to allow a passenger transport company, with the approval of the Secretary or the Director to determine conditions to which a ticket of a specified class issued by it is to be subject and publish those conditions in the Government Gazette.

Clause 35 makes consequential amendments in relation to graffiti offences. Clause 36 inserts a new section 229(1AA) in the Act and deals with who may bring proceedings for ticket offences.

Clause 39 inserts a new section 249C in the Act which provides an exemption, in respect of the construction or design of tram or light rail vehicles and the provision of stoping facilities and associated facilities for passenger transport services adjacent to tram infrastructure, from the provisions of the Equal Opportunity Act 1995 which prohibit discrimination on the basis of impairment. The exemption expires on 1 January 2008 (section 249C(2)). The Committee notes the comments in the Second Reading Speech:—

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 7 October 1998 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 27 October 1998.

The Bill amends the:—

• Business Franchise (Petroleum Products) Act 1979;
• Financial Institutions Duty Act 1982;
• Land Tax Act 1958;
• Liquor Control Act 1987;
• Pay-roll Tax Act 1971;
• Stamps Act 1958; and
• Taxation Administration Act 1977.

Clause 2 sets out the respective commencement dates for provisions of the Bill as follows:—

1. Part 1, Part 2, Part 3 (except section 6), Part 4 (except section 10), sections 16 and 21 and Part 8 (except sections 27 and 30) come into operation on the day on which this Act receives the Royal Assent.
2. Part 5 is deemed to have come into operation at 3.30p.m. on 6 August 1997.
3. Section 10 is deemed to have come into operation on 26 May 1998.
4. Sections 17 and 18 are deemed to have come into operation on 1 July 1998.
5. Sections 6 and 19(1) are deemed to have come into operation on 13 October 1998.
6. Sections 19(2), 20, 24, 25 and 26 come into operation on 1 January 1999.
7. Sections 12, 13, 14, 15, 22, 23, 27 and 30 come into operation on a day or days to be proclaimed.

Clause 3 amends section 17 of the Act to allow an amount of overpayment of subsidy to be off-set against future subsidy payments. Clause 4 amends section 19 of the Act by obliging a person who no longer requires an exemption certificate and does not expect to require such a certificate to surrender it.

Clause 5 inserts new sections 20A and 20B into the Act concerning offences of fraudulent use of exemption certificates to obtain fuel or giving false particulars of a diesel fuel exemption certificate. Penalties of up to $60,000 for a body corporate and up to $12,000 in any other case are provided for. The Committee notes the comments in the Second Reading Speech:—

Clause 6 substitutes a new definition of ‘broker’ in section 3(1) of the Act to mean "a person, (other a bank), who is a broker under the Australian Stock Exchange Rules." The existing definition provides that ‘broker’ means "a person, firm or corporation (other than a bank) who or which is a member of the Australian Stock Exchange Limited."

Clause 9 amends section 4(4) of the Act to include a member of the police force of or above the rank of inspector as a person to whom information under that Act may be disclosed by the Commissioner of State Revenue.

Clause 10 makes a number of amendments to 13H of the Act. The Committee notes the comments in the Second Reading Speech:—

Clause 11 amends section 119A(1)(b) of the Act to permit the payment of a subsidy under that Act to an interstate supplier or distributor who sells liquor into Victoria if the supplier or distributor holds a licence in Victoria under the Act or holds a licence under the equivalent legislation of another State or Territory.

Clauses 12 to 15 concern amends to the Act imposing pay-roll tax on payments made to employment agents by their client businesses in respect of on-hires workers.

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

Clauses 17 and 18 amend section 10 of the Act and insert a new section 10A and concerns the exemption to pay pay-roll tax on wages paid by a body corporate for services performed in connection with the activities of a municipal council or councils under a written arrangement. Clause 18 identifies the criteria upon which the exemption in section 10 is to apply.

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

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 2 September 1998 by the Honourable Jan Wade MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 3 September 1998.

The Committee reported on the Bill in Alert Digest No. 6 of 1998 on 6 October 1998 (at page 3). The Committee wrote to the Minister on 6 October 1998 in the following terms:—

The Bill was introduced into the Legislative Assembly on 2 September 1998 by the Honourable Jeff Kennett MP with the Honourable Pat McNamara MP. The Second Reading Speech was delivered on 3 September 1998.

The Committee reported on the Bill in Alert Digest No. 6 of 1998 on 6 October 1998 (at page 12). The relevant extract of the Committee’s comment in relation to the Bill is set out:—

The Committee reported on this Bill in Alert Digest no. 6 on 6 October 1998 and wrote to the Minister on that date expressing concern in respect to clause 6 of the Bill. The Committee again wrote to the Minister on 20 October 1998.

The Committee reported on this Bill in Alert Digest no. 6 on 6 October 1998 and wrote to the Minister on that date expressing concern in respect to clause 252(2)(f) of the Bill. The Committee again wrote to the minister on 20 October 1998.

Last update 4/8/99 ©Parliament of Victoria