The Bill was introduced into the Legislative Assembly on 4 May 1999 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP. The Second Reading Speech was delivered on 4 May 1999.

The Bill provides for payments from the Consolidated Fund to Departments in respect to the 1999/2000 financial year and for outstanding Departmental liabilities incurred prior to 1999/2000.

Clause 2 the Act commences on Royal Assent.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 4 May 1999 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP. The Second Reading Speech was delivered on 4 May 1999.

The Bill provides for payments from the Consolidated Fund to the Parliament in respect to the 1999/2000 financial year and for outstanding Parliamentary liabilities incurred prior to 1999/2000 such as employee entitlements that may be realised in the future.

Clause 2 the Act commences on Royal Assent.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Jeff Kennett MP with the Honourable Jan Wade MP. The Second Reading Speech was delivered on 6 May 1999.

The Bill is concerned with the States ability to sever its links with the Crown in the event that the Commonwealth Parliament adopts a Republican Constitution consequent upon a referendum in accordance with section 128 of the Commonwealth Constitution.

The Committee reproduces the Second Reading Speech:

Clause 1 provides that it is the purpose of the Act to request the amendment of the Australia Act 1986 (Cth) in connection with the proposed constitutional arrangements to establish the Commonwealth of Australia as a republic.

Clause 2 the provisions take effect on the day after the day on which the Constitution Alteration (Establishment of Republic) 1999 of the Commonwealth receives the Royal Assent.

Clause 3 provides that the Parliament requests the enactment by the Commonwealth Parliament of an Act in the terms, or substantially similar terms, set out in the Schedule.

The Schedule to the proposed Commonwealth Act contains the amendments to section 7 (new sub-sections (6) and (7)) of the Australia Act 1986 (Cth). Section 7 of the Australia Act 1986 (Cth) deals with the powers and functions of Her Majesty and Governors in respect of States and provides that:–

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP. The Second Reading Speech was delivered on 6 May 1999.

The purpose of the Bill is to implement arrangements agreed between Victoria and the Commonwealth to ensure the continuation of appropriate taxation arrangements in respect of Commonwealth places in Victoria. These include airports and office buildings acquired by the Commonwealth for a public purpose. The counterpart Commonwealth legislation, the Commonwealth Places (Mirror Taxes) Bill 1998 was introduced into the House of Representatives in March 1998 and provided for the imposition of taxes, in relation to Commonwealth places in a State, which mirror the stamp duties, payroll taxes, financial institutions duties and debits taxes of that State.

Clause 2 saving Part 6 and the Schedule, the Act comes into operation on Royal Assent. Part 6 and the Schedule comes into operation on a day to be proclaimed, which must not be a day on or after the day on which an arrangement is made under section 5. Clause 5 provides for a formal arrangement to be made between the State Governor and the Commonwealth Governor-General in relation to the exercise by a State authority of a power, duty or function under an applied law. State taxing laws will only have effect as applied laws under the Commonwealth Act in relation to Commonwealth places in Victoria while such an arrangement is in force.

Clause 6 provides for the variation or revocation of such an arrangement subject to agreement between the Governor and the Governor-General. The provision corresponds to section 9 of the Commonwealth Act under which such arrangements, variations or revocations must be published in the Government Gazette.

Clause 17 is a double jeopardy provision providing that an offender may not be punished under both an applied law and a law of the State for the same offence.

Clause 18 permits the Governor-in-Council to make regulations for or with respect to any matter or thing necessary to be prescribed to give effect to the Act.

Clause 19 provides that the Acts specified in the Schedule are amended as set out in the respective items of that Schedule. The Acts are the:

• Debits Tax Act 1990;
• Financial Institutions Duty Act 1982;
• Pay-roll Tax Act 1971;
• Stamps Act 1958; and
• Taxation Administration Act 1997.

In each of the amendments to the above Acts there is a retrospective provision to the effect that the new provisions apply, and must be taken to have always applied, on and from 6 October 1997.

In this respect 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 5 May 1999 by the Honourable Jan Wade MP with the Honourable Rob Maclellan MP. The Second Reading Speech was delivered on 6 May 1999.

The Bill deals with the judicial management of criminal trials such as directions hearings; pre-trial disclosure and seeks to improve the efficiency of criminal trials; the bill also deals with costs liability for parties and practitioners for non-compliance with the provisions of the Act. The Bill introduces a new procedure known as a post-committal conference before a Magistrate. The Bill amends the Crimes Act 1958, Evidence Act 1958, Sentencing Act 1991 and repeals the Crimes (Criminal Trials) Act 1993.

Clause 2 Part 1 commences on Royal Assent the remaining Parts commence on proclamation but not later than by 1 September 1999.

Clause 3 deals with definitions including a definition for "sexual offence" – has the meaning as in section 3(1) of the Evidence Act 1958. Section 3(1) of the Evidence Act 1958 provides that "sexual offence" means an offence under various subdivisions of the Crimes Act 1958.

Clause 4 deals with temporal limitations in which a presentment must be made for sexual offences and for all other offences.

Clause 5 – Directions hearing – deals with the conduct of directions hearings that may be requested on application either by a party or at the courts own motion after presentment has been made and prior to trial. At a first directions hearing a court may require parties to give estimates of time expected to be needed for the trial; the number, availability and location of witnesses; details of legal representation and legal funding; and special requirements of parties and their witnesses such as interpreters.

At a subsequent directions hearing the court must do one or more of the following:– require the parties to advise whether they are aware of any questions that need pre-trial determination; determine an anticipated question of law or fact or a question of mixed law and fact; make orders for the filing and serving of further documents by a party under the Act; allow a party to amend a document prepared under the Act; dispense with any requirements under the Act or do anything the court may have done at the first directions hearing.

Clause 6 – Summary of prosecution opening and notice of pre-trial admissions – at least 28 days before the commencement of the trial the prosecution must serve on the defence and file in court a summary of the prosecution opening, outlining the manner in which the prosecution will put the case against the accused and a notice of pre-trial admissions that the prosecution believes ought to be admitted as evidence without further proof such as formal matters including age, continuity or accuracy of a plan.

Clause 7 – Defence response to summary of prosecution opening and notice of pre-trial admissions – at least 14 days before the trial the defence must serve on the prosecution and file in court a defence response to the summary of the prosecutions opening and a response to the notice of pre-trial admissions. The defence must indicate with which acts, facts, pre-trial admissions, matters and circumstances with which issue is taken and the basis on which issue is taken. The defence is not required to identify a witness other than an expert witness nor to state whether the accused will give evidence.

Clause 8 – Provisions applicable to prosecution and defence – provides that unless there are exceptional circumstances the parties must confine themselves when opening their respective cases to the matters set out in their respective documents served and filed under Part 3 of the Act or set out in writing by a Magistrate at a post-committal conference. At trial parties are not restricted to a verbatim reading of their respective summaries. Parties must inform the court and the other party in advance if they intend to make a substantial departure from any of the pre-trial disclosure procedures introduced by the Bill.

Clause 9 – Expert evidence – the defence must at least 14 days before the trial is due to commence serve on the prosecution and file in court a statement concerning any expert witness, including name and address, qualifications and the substance of the evidence proposed to be adduced from the expert witness, including the opinion of the witness and the acts, facts, matters and circumstances on which the opinion is formed.

Clause 10 – Disclosure of questions of law – provides that parties must notify the court at least 14 days prior to trial (or as soon as practicable) of any questions of law that have arisen and need determination. Such questions can be determined by written submissions of the parties without the need to attend court.

Clause 11 – Taking of evidence from a witness prior to trial – evidence may be taken prior to trial in special circumstances.

Clause 12 provides that the trial judge need not be the same judge involved in the directions hearing. Rulings made at the directions hearings are binding at trial unless in the opinion of the trial judge it is not in the interests of justice that they be binding.

Clause 13 – Defence response to prosecutor’s opening – in all jury trials the defence must present it’s response to the prosecution opening in accordance with Part 3, immediately after the prosecutions opening remarks.

Clause 14 – Judge’s address to the jury – provides that after the defence response or at any time during the trial the judge may address the jury on issues in the trial or on the relevance to the conduct of the trial of any admissions made, directions given or matters determined prior to the commencement of the trial.

Clause 15 – Evidence at trial – provides that the court may give leave for a party to introduce evidence which is a substantial departure from the evidence disclosed by the pre-trial disclosure procedures introduced by the Bill.

Clause 15(2) the judge may allow the prosecutor to reopen the prosecution case in reply to evidence given by the defence which could not reasonably have been foreseen by the prosecution having regard to the pre-trial procedures introduced by the Bill. This is an additional discretionary power to allow the reopening of the prosecution case which does not alter any previous existing common law or statutory right existing prior to the amendments made by the Bill allowing the prosecution to reopen its case.

Clause 16 – Comment on departure or failure – provides that the trial judge or with the leave of the court a party, may make a comment to the jury which the trial judge considers appropriate on a party’s failure to comply with a requirement of this Act or a departure referred to in clause 15 above. The comment must be relevant and not likely to produce a miscarriage of justice.

The comment must not suggest that an inference of guilt may be drawn from the departure or the failure of an accused to adduce evidence from a particular witness, or that the failure may be taken into account in considering the probative value of the prosecution evidence, except where such an inference might have been otherwise drawn before the enactment of the provisions of this Bill.

Clause 17 – Names of defence witnesses – provides that at the close of the prosecution case the trial judge must call on the defence to indicate the names of the defence witnesses, other than the accused, that the defence intends to call to give evidence at the trial.

Clause 18 – Cross-examination – provides that after hearing submissions on the proposed cross-examination of a witness, the trial judge may disallow or forbid questions put in cross-examination which appear to the judge to be not relevant to facts in issue or are repetitive or oppressive in nature.

Clause 19 – Jury documents – deals with documents that may be given to the jury including documents created under the provisions of the Bill such as prosecution summaries and defence responses pursuant to sections 6 and 7, the opening and closing speeches of the parties, the address of the judge pursuant to section 14, transcripts of evidence and audio and visual recordings.

The new provisions in the Bill that add to the list of documents that the jury may have recourse to are:–

Clause 20 – Manner of giving evidence – provides that evidence may be given by alternative means including, with the consent of the parties, by reading a prepared statement; expert witnesses may give evidence by presenting audio visual material; by means of playing audio or audio visual recordings or in a manner that the trial judge considers may be of assistance. The section does not derogate from the necessity of witnesses being subject to cross-examination or the necessity of their physical appearance before the court.

Clause 21 – Retrial – provides that if there is a retrial, directions given at the first trial may be treated as directions in the retrial, except where it would be inconsistent with an order made on an appeal or otherwise would be unjust to do so.

Clause 22 – Power to extend time – allows the court on the motion of a party or on its own motion to abridge or extend time for the doing of a thing under the Act, even when the time for the doing of the thing has expired.

Clause 23 provides that each party must advise the sheriff within the meaning of the Juries Act 1967 as soon as practicable of any event or circumstance that may affect whether or not, or when, a jury may be required for the trial.

Clauses 24 to 26 – Costs – gives the court wide costs discretions and deals with costs sanctions that may be made against a party or their legal representatives for any unreasonable act or omission or non-compliance with the provisions and requirements of the Act.

Where an accused and his or her representatives have complied with the provisions of the Act and the proceedings is discontinued through no fault attributable to the accused or his or her representatives an indemnity certificate may be granted pursuant to the Appeals Costs Act 1998.

Legal practitioners may also be liable for any costs incurred improperly or without reasonable cause or that are wasted by undue delay, misconduct, negligence or default.

Clause 27 provides that a legal practitioner must advise the court at least 7 days prior to the trial that he or she is briefed to appear for an accused and may only withdraw with the leave of the court, once having so advised. The court is given an additional costs sanction against a practitioner for an unreasonable late withdrawal.

Clause 28 provides the court a power to report a legal practitioner to the Legal Practice Board or the Legal Ombudsman for a failure to comply with the requirements of the Act or an order made pursuant to the Act.

Clause 29 a judge is not prevented from presiding at a trial simply because he or she made a ruling or gave directions at an earlier trial founded on substantially the same facts or offences.

Clause 30 service of documents under this Act, by the prosecutor, may be made by registered post to the business address of the legal representative of the accused.

Clause 33 provides that the provisions of the Bill only apply to an accused committed for trial after the commencement of this Act and makes other transitional amendments relating to the Act to be repealed.

Clause 34 makes amendments to the Crimes Act 1958 including allowing an application for extension of time for the commencement of a trial orally and unless the court orders otherwise, without the necessity of supporting documentation.

Clause 35 amends the Evidence Act 1958 and enables the evidence obtained in an earlier trial on the same or a related offence to be used in a subsequent trial in certain circumstances, such as where the witness has subsequently died or cannot, after diligent search be found, has become incapable of giving evidence or is being kept out of the way to avoid giving evidence.

Clause 36(2) inserts a new clause 24(1)(c) in Schedule 5 imposes an obligation upon a Magistrate to warn a defendant that it is his or her responsibility to make application to Victoria Legal Aid for assistance to be legally aided.

Clause 36(2) also inserts new clauses 24(4) to 24(9) into Schedule 5 of the Act providing that at the request of a party the Magistrate may conduct a post-committal conference procedure at which the prosecution must disclose the main evidence it relies on to support a finding of guilt; to identify any matter that can be resolved prior to trial; to identify witnesses that need not be called to give evidence; to determine which matters may be admitted without further proof; and identify what evidence is in dispute by the defendant and the reasons for such dispute. If a party requests such a conference the parties must attend.

The magistrate must prepare a written record of such a conference to be signed by the parties and state that the matters disclosed or identified at the conference may be disclosed at the trial. Whether or not a post-committal conference is held the magistrate may recommend a directions hearing under section 5 of the Bill may be desirable.

Clause 37 amends the Sentencing Act 1991 and inserts a new section 5(2D) to allow a court, in determining a sentence, to take into account the extent of compliance or non-compliance of the requirements imposed on the offender by the provisions introduced by the Crimes (Criminal Trials) Act 1999.

Clause 38 repeals the Crimes (Criminal Trials) Act 1993.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP. The Second Reading Speech was delivered on 6 May 1999.

The Bill amends two Acts governing the electricity industry, the Electricity Industry Act 1993 and the Electricity Safety Act 1998.

Clause 2 saving section 8 the amendments made by the Bill come into operation on Royal Assent. Section 8 commences on proclamation but not later than by 1 July 2000.

Clause 5 amends section 47C(1) dealing with the Minister’s powers in electricity emergency supply circumstances. The new sub-section (e) will allow the Minister to make a direction whilst an emergency proclamation is in force to regulate the use of the available supply of electricity, having regard to the needs of the community.

Clause 6 further clarifies offences against directions given under 47D (relating to offences in electricity supply emergencies) and deals with continuing offences and offences by a body corporate.

Clause 7 inserts a new section 47G providing for immunity from suit in the case of a declared electricity supply emergency [Refer: 6.4 – Alteration or variation of section 85 of the Constitution Act 1975].

Clause 8 inserts new sections 47H to 47M dealing with standard powers of search and entry.

New 47H deals with search and entry with the written consent of the occupier.

New 47J deals with search and entry by warrant pursuant to the procedures and forms under the Magistrates’ Court Act 1989.

Clause 9 inserts a new Part 3AA dealing with infringement notices for offences under 47C (above). 47O provides the power to serve a notice; 47P deals with the form and content of the notice; 47Q deals with penalties; and 47T provides that payment of the penalty expiates the offence with no conviction being recorded against the person for that offence and no further proceedings may be taken against the person for that offence.

47U provides that payment of the penalty is not to be taken as an admission of guilt in relation to that offence and is not an admission of liability in any other related civil proceedings. 47V deals with prosecution of offences after infringement notice has been served and the penalty remains unpaid or where the notice has been withdrawn.

Clause 12 insert a new section 91C into the Act declaring that it is the intention of section 47G to alter or vary section 85 of the Constitution Act 1975. The new 47G is located in Part 3A of the Act dealing with electricity supply emergency provisions and provides:–

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

6.5 – Electricity Safety Act 1998.

Clause 15 inserts new sections 141(2)(c) and (b) of the Act to add to the directions which the Chief Electrical Inspector may give under the section dealing with electricity safety matters.

Clause 16 inserts a new section 141A in the Act to provide the Chief Electrical Inspector additional powers to give directions necessary to make an electricity emergency situation safe. It is an offence to fail to comply with such a direction.

New section 141B provides:–

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Jan Wade MP with the Honourable Rob Maclellan MP. The Second Reading Speech was delivered on 6 May 1999.

The Bill amends the Estate Agents Act 1980 to make provision with respect to estate agency offices in retail shopping centres; provides standard inspectorial powers in relation to estate agents; provides for the issuing of infringement notices in relation to certain offences; and makes provision with respect to the payment of money to estate agents and the audit of the accounts of estate agents. The Bill also amends the Fundraising Appeals Act 1998 to further clarify activities not classified as a ‘fundraising appeal’.

Clause 2 Parts 1 and 6 commence operation on Royal Assent the remaining Parts commence on proclamation but not later than by 1 February 2000.

Clause 6 inserts a new section 49B, providing that the amount payable to an estate agent by the principal for outgoings must not exceed the actual amount payable by the agent for those outgoings and clause 7 inserts a new section 50(4A) and provides for an indictable offence for the contravention of section 49B with penalties of up to five years imprisonment and/or a fine of up to 600 penalty units ($60,000)

Clause 8 provides that where a person directs the agent in writing, the agent may make a direct payment on behalf of that person to a third person without the necessity of the agent first depositing that money in the agents trust account.

Clause 9 provides that where an audit reveals that the agent has contravened the Act or regulations in relation to the keeping of trust accounts the Director of Fair Trading may recover the costs of the audit from the estate agent.

Clause 13 repeals section 70 of the Act which dealt with the auditing of trust accounts required to be held by estate agents. The new provisions dealing with such audits are contained in the new Part VIIA inserted by clause 14.

Clause 14 inserts a new Part VIIA into the Act dealing with inspectors’ powers. The Committee has previously reported on the standard provisions relating to inspectors’ powers in the Fair Trading Bill 1999 and the Fair Trading (Inspectors Powers) Bill 1999 reported in Alert Digests Nos. 2 and 4 of 1999 respectively. The inspectors’ powers are consistent with those applicable to other industries regulated by the Office of Fair Trading and Business Affairs. The Committee however makes the following further observations.

New section 91C provides that a licensed estate agent must at all reasonable times at each office at which the agent carries on business keep all trust accounts which relate to the business carried out by that agent at that office and all other documents relating to that business available for inspection by an inspector.

New section 91L deals with the issue of search warrants pursuant to the forms and procedures under the Magistrates’ Court Act 1989.

New section 91V deals with the rule against self-incrimination and provides:–

1. A person is not excused from answering a question or producing a document under this Part on the ground that the answer or document might tend to incriminate the person.

New section 91X provides that certain sections of the Fair Trading Act 1999 apply as though they were provisions of the Act, they are:– sections 120 (inspectors to be permitted to enter premises open to the public and are permitted to purchase products on sale to the public); section 135 (offence to hinder or obstruct inspector); section 136 (offence to impersonate an inspector); section 137 (inspectors to report exercise of powers of entry to Director); section 138 (Director to keep register of such reports); and section 139 (Director to investigate complaints).

Clause 15 inserts a new sections 92D and 92E into the Act dealing with the production of information related to the business of a licensed estate agent to the Business Licensing Authority. New section 92E deals with the rule against self-incrimination pursuant to section 92D and is in the same form to new section 91V above.

Clause 17 inserts a new Division 2 of Part VIII (new sections 98 and 98A to 98J) into the Act dealing with infringement notices.

New section 98J provides that the issue of an infringement notice does not prevent the conduct of an inquiry under sections 25 and 28 of the Act by the Victorian Civil and Administrative Tribunal or the taking of disciplinary action under section 28A into an estate agent for any act or omission for which the notice was issued.

The provisions are the standard infringement notice sections examined by the Committee in other Bills without adverse comment.

Clause 18 makes amendments to the regulation making powers in section 99 and inserts a new section 99(gh) allowing regulations to be made in respect to the provisions concerning infringement notices inserted into the Act by clause 17 above.

Clause 19 amends section 5(3)(c) of the Fundraising Appeals Act 1998 to provide that soliciting or receiving a benefit on behalf of an organisation from a current member of the organisation is an exception to the definition of ‘fundraising appeal’.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Pat McNamara MP with the Honourable Jeff Kennett MP. The Second Reading Speech was delivered on 6 May 1999.

The Bill makes an amendment to the Food Act 1984 to clarify provisions relating to the registration of food premises and food vehicles.

Clause 2 the amendment commences on Royal Assent.

Clause 3 provides that in section 19C sub-section (3) is repealed. Section 19C currently provides:

The intent of the repeal is explained in the comments of the Minister in the Second Reading Speech:–

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Jan Wade MP with the Honourable Rob Maclellan MP. The Second Reading Speech was delivered on 6 May 1999.

The Bill amends the Freedom of Information Act 1982 (the Act) with respect to the disclosure of documents affecting personal privacy and makes a number of consequential amendments to the Victorian Civil and Administrative Tribunal Act 1998.

Clause 2 provides that the amendments come into operation on 1 July 1999.

Clause 3 inserts a new Part IIIA into the Act dealing with documents containing personal information.

The Committee notes the Attorney-General’s comments in the Second Reading Speech:–

New section 27A provides a definition for "personal information" for the purposes of the Part to mean information that identifies any person or discloses their address or location or from which any person’s identity address or location can reasonably be determined.

New section 27B provides that the provisions of the Part do not apply to information that is obtainable through other documents generally available to the public for inspection or purchase.

New section 27C provides that personal information is not to be made available except by order of the Victorian Civil and Administrative Tribunal (VCAT). An agency or Minister may grant access where the information has been removed from the document. Where such a grant is made, or an application for access is refused, the applicant for the information must be told of a right to apply to VCAT under 27D.

New section 27D provides that an applicant refused access to a document under the Part may apply to VCAT for an order that full access be provided. If practicable, a third party to which the personal information relates (the third party) must be informed by the agency or Minister of the application. The third party may consent to the access to the applicant or notify VCAT that they intend to intervene in the proceeding to refuse access to the document.

New section 27E allows VCAT to grant access to the document if there is no objection by the agency, the Minister and the third party for its release to the applicant.

New section 27F allows VCAT to grant access to a document if it is satisfied that access to it by the applicant is reasonable in all the circumstances. VCAT may consider such criteria as the use the applicant might make of a document and may not allow access where such access is against the public interest or where access would be likely to endanger the life or physical safety of any person.

In this respect it is the applicant that has the onus of establishing that it would be reasonable in all the circumstances for access to the document to be granted.

New section 27G provides that where VCAT grants access it must if practicable give notice of the order to the person to whom the personal information relates (where that party did not intervene in the application). In such circumstances the order does not take effect for 28 days after the making of the order unless the person is sooner notified of the order.

Clause 5 makes consequential amendments to the Victorian Civil and Administrative Tribunal Act 1998 allowing third parties to intervene in a proceeding under Part IIIA of the Act in respect of the document containing personal information.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 6 May 1999.

The Bill makes amendments to the Gas Industry Act 1994, Gas Pipelines Access (Victoria) Act 1998, Gas Safety Act 1997 and certain other Acts.

Clause 2 provides for the commencement of the respective provisions of the Bill as follows:–

Clause 5 inserts a new section 5(5) into the Act and provides:–

Section 5(1)(a) provides that the Governor-in-Council, by Order published in the Government Gazette may declare a pipeline or class of pipeline to be a transmission pipeline.

Clause 8 provides for significantly increased penalties for failure to comply with directions given by VENCorp in respect to gas safety, reliability and security of supply under section 16H of the Act.

Clause 9 inserts a new Part 2A into the Act dealing with inspectors powers (new sections 31A to 31I ).

New section 31A allows the Chief Executive Officer of VENCorp to appoint an officer or employee of VENCorp or an agent or contractor of VENCorp to be an inspector for the purpose of the Part.

New section 31B deals with powers of entry either by consent of the occupier or with a search warrant.

New section 31D makes provision for the issue of search warrants pursuant to the forms and procedures under the Magistrates’ Court Act 1989. New section 31G provides that it is an offence to obstruct an inspector exercising functions under the Part.

New section 31H allows an inspector to seek assistance from a member of the police force to take action authorised under the Part.

Clause 14 inserts a new section 50(2A) in respect of agreements for operations entered into under that section. Section 50 generally deals with agreements for the operation of pipelines. The provision is deemed to have commenced on 11 December 1997.

The current section 50 (which repealed the original section 50) was inserted by s.18 of Act No. 91 of 1997 and commenced operation on 11 December 1997.

Clause 15 amends section 62G(1) to allow the Minister may, whilst an emergency gas supply proclamation is in force, to provide for directions to regulate the use of the available supply of gas, having regard to the needs of the community. Section 62F and 62G deal with emergency gas supply provisions such as Governor-in-Council proclamations, Ministerial directions, and prohibitions and restrictions in such emergency circumstances.

Clause 16 inserts a new section 62HA and provides that it is an offence to obstruct a person carrying out a direction under section 62G.

Clause 17 substitutes a new section 62J dealing with offences under 62G. The penalties are increased substantially from 5 penalty units to 100 for a natural person to up to 10,000 p.u. for a body corporate. The clause also inserts new sections 62JA and 62JB dealing with offences by bodies corporate, partnerships and unincorporated associations.

Clause 18 amends section 62L to provide that the immunity contained in that section only applies to persons acting in good faith [Refer: 10.4 – Alteration or variation of section 85 of the Constitution Act 1975].

Clause 19 inserts sections 62LA to 62LE in the Act to provide in the case of declared emergencies, for powers of entry and enforcement by inspectors of the Office of Gas Safety in the case of alleged contraventions of Part 6A of that Act. The sections further provide for searches including the issue of search warrants pursuant to the forms and procedures under the Magistrates’ Court Act 1989.

Clause 20 inserts a new Part 6AA in the Act providing for infringement notices in the case of use of gas by a person in contravention of a direction, prohibition or requisition under section 62G (emergency supply circumstances) of that Act. The Part provides that inspectors of the Office of Gas Safety may serve infringement notices, the form of those notices and fixes the penalties. It also contains provisions as to payment and enforcement of penalties, withdrawal of infringement notices and prosecution after service of an infringement notice.

Clause 21 amends section 62PA(1) by inserting after the words section 46N in paragraph (a) the additional words on 2 February 1999. Section 62PA(1)(a) will then read For the purpose of Part IV of the Trade Practices Act and the Competition Code the following are specifically authorised (a) the making of rules under Section 48N on 2 February 1999.

The Explanatory Memorandum states Clause 21 amends the statutory authorisation of the MSO Rules (the Market and System Operation Rules) contained in section 62PA of the Gas Industry Act. The Second Reading Speech contains no additional assistance as to why the amendment refers to 2 February 1999 and whether this gives the amendment retrospective operation.

Clause 24 inserts a new section 102(1)(xa) providing that regulations may be made for the appointment of a registrar of the appeal tribunal.

Clause 26 inserts a new section 101B(3) into the Act and declares that it is the intention of section 62L as amended by clause 18 (above) to alter or vary section 85 of the Constitution Act 1975.

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

Clause 32 amends sections 86, 103 and 104 to provide for inspectors appointed under the Act to also act as inspectors under the Gas Industry Act 1994 and prescribes the conditions on which the Office of Gas Safety may appoint agents or contractors as inspectors.

Clause 33 inserts a new section 107(1A) into the Act giving the Director of Gas Safety additional authority to make directions in a gas emergency to regulate the use of available supplies of gas with regard to the needs of the community and to facilitate the reliability and security of the gas supply. Such directions given must be reported in the annual report pursuant to the new section 107(3).

Clause 34 clarifies that immunity from suit applies to the Director, the Office and the servants of the Office, in the execution of any direction under the Division (dealing with directions and additional powers in emergencies). The clause amends the provisions of section 109 and 109A that were inserted in the Act by s.31 of Act No. 91 1998 (not yet in force). The Committee reported on those amendments in Alert Digest No. 1 of 1999 at pages 21 and 22 in relation to the Gas Industry Acts (Amendment) Bill (now Act No. 91/1998 – but not yet in force).

Clause 36 amends section 2 of the Gas Industry (Amendment) Act 1998 (the 1998 Act) by inserting a new section 2(3A) providing that sections 7, 9 and 13 come into operation on a day or days to be proclaimed. The Committee reported on the Bill (as it then was) in Alert Digest No. 4 of 1998 at page 30. The Explanatory Memorandum of the Bill provides that Those sections relate to the transfer of functions to VENCorp Pty Ltd and the day on which that may occur is not fixed.

The commencement provisions contained in the 1998 Act provided that sections 7, 9 and 13 would commence on proclamation but not later than by 1 January 2000.

Clause 37 inserts a new section 2(6A) in the Gas Industry Acts (Amendment) Act 1998 providing that sections 31 and 32 come into operation on a day to be proclaimed. Sections 31 and 32 are also referred to in clause 34 above, dealing with the amendments made by the Act to sections 109 and 109A of the Gas Safety Act 1997. As provided in the 1998 Act, sections 31 and 32 were to come into operation on proclamation but not later than by 1 December 1999. The Committee reported on the Bill in Alert Digest No. 8 of 1998 at page 7 and also in No. 1 of 1999 at page 21.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 6 May 1999.

The Bill makes provision for the protection of persons participating in interactive games by regulating the provision of interactive gaming services and services providers.

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

Clause 2 provides that sections 1 and 2 commence on Royal Assent and the remaining provisions commence on proclamation.

Clause 5 defines the meaning of "interactive game" and the exclusions from the Act.

Clause 6 provides that on the recommendation of the Minister, the Governor-in-Council may declare another State or Territory to be a participating jurisdiction for the purposes of the Act, if an agreement about administrative and taxation arrangements is in force.

Clause 7 the Act applies outside Victoria to the full extent of the Parliament’s extraterritorial legislative powers.

Clause 16 deals with applications for licences on prescribed forms and accompanied by prescribed information and fees.

Clause 18 deals with conditions for granting an application for a licence, including that the person be a suitable person to hold a licence.

Clause 19 further amplifies the criteria to be applied to determine whether a person is suitable to hold a licence, including the applicant’s and applicant’s associate’s character or business reputation, financial position and background, corporate structure and appropriate resources. Clause 19(1)(f) provides and anything else prescribed under the regulations.

Clause 20 deals with the criteria the Authority may have regard to in determining the suitability of an associate of an applicant for a licence including current financial position and background, character and business reputation and anything else prescribed under the regulations.

Clause 21 deals with updating of applications if there is a change in circumstances or particulars, by the provision of further information by prospective licence holders to the Authority prior to a licence being granted or refused.

Clause 22 provides that the Victorian Casino and Gaming Authority (the Authority) may investigate an applicant or an associate of an applicant whether that person is a suitable person to be licensed to hold an interactive gaming license.

Clause 24 deals with the determination of applications for a licence and 24(4) provides that:

Clause 25 allows the Authority to change the conditions of a licence if a change in the condition is in the public interest. Clause 27 allows a licence holder to surrender a licence with the consent of the Authority. The Authority may refuse consent in certain circumstances.

Clause 28 deals with the grounds for disciplinary action to be taken in relation to licence holders and clause 29 deals with the cancellation, suspension or variation of a licence. Clause 30 allows the Authority to conduct ongoing investigations and monitoring of associates or persons likely to become associates of a licensee. The Authority may require the licensee to terminate an association within a specified time and clause 30(6) provides that the Authority may require such a person to consent to the taking of their photograph, finger prints and palm prints and allows the Authority to give the Chief Commissioner of Police a copy of such material.

Clause 31 allows the Authority to investigate licensed providers and their associates in circumstances where the Authority reasonably suspects that the provider is no longer a suitable person to hold an interactive gaming licence.

Clause 32 when carrying out an investigation the Authority may by written request require the person to give information or provide a document relevant to the investigation. It is an offence to fail to comply with a request without reasonable excuse. Clause 32(4) provides that:–

Clause 35 provides that in certain circumstances such as death or insolvency, a licence will lapse if not endorsed within 90 days.

Clause 36 provides that returns to players on interactive gaming devices must not be less than 85 per centum or such higher amount as is determined by the Authority and published in the Government Gazette. Clause 38 fixes the gaming tax at 50 per centum, or such other amount as is prescribed to be paid to the Consolidated Revenue.

Clause 42 deals with revenue offences by licensed providers and provides for first time penalties of up to $60,000 (600 p.u.).

Clause 43 the Authority may by written notice to licensees give directions about the conduct of authorised games by licensed providers.

Clause 45 a licensed provider must not provide credit to a player. Clauses 48 and 49 respectively deal with player self-imposed limits on amounts wagered and self-exclusion orders. Clause 54 requires licensed providers to investigate complaints made against them and provide a response of the result of the inquiry within 21 days to the complainant and the Authority.

Clause 55 to avoid any perception of a conflict of interest, the clause allows the Authority to restrict participation by its employees in certain approved gaming activities under the Act.

Clause 56 provides that inspectors appointed under the Gaming and Betting Act 1994 are inspectors under the Act. Clause 57 allows inspectors entry to licensed premises at any time to monitor compliance under the Act.

Clause 58 inspectors have powers to require persons to answer questions or provide information; to inspect equipment; take copies of documents; seize any relevant equipment or records; require the licence provider or associate to attend before an inspector to answer questions or provide information at a specified time and place; examine and test equipment on the premises; request assistance from a member of the police force in circumstances of obstruction or expected obstruction in the exercise of duties and functions under the Act.

Clause 60 provides for search warrants pursuant to the forms and procedures under the Magistrates’ Court Act 1989. Clause 61 deals with offences relating to the obstruction of inspectors; Clause 65 requires licensed providers to furnish the Authority with certain information relating to their operations for the assistance of law enforcement agencies; Clause 66 the Authority may hold inquiries and be deemed to be a board appointed by the Governor-in-Council and the Evidence Act 1958 then applies accordingly; and Clause 67 a person may be represented at such an inquiry.

Clause 68 deals with appeals by persons whose interests are affected by a decision of the Authority under the Act to the Victorian Civil and Administrative Tribunal on matters other than non-reviewable decisions. A "non-reviewable decision" means a decision to approve, or refuse to approve, an interactive game or the rules of an interactive game or a decision about probity or a decision under Part 4. Part 4 deals with returns to players and taxation policy matters relevant to interactive gaming.

Clause 69 deals with secrecy provisions relating to information obtained pursuant to the Act. Clause 70 deals with the destruction of finger and palm prints obtained by the Authority pursuant to the provisions of the Act in circumstances where the application is refused or the licence is cancelled or surrendered or is no longer in force.

Clause 71 allows the Authority to delegate certain functions to one or more members of the Authority or to the Director of Gaming and Betting appointed under the Gaming and Betting Act 1994 other than the power to delegate or a function under sections 16, 21, 25, 27 or 35 (each referred to above).

Clause 72 provides that the Governor-in-Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to the Act.

Clauses 73 to 77 make consequential amendments to other gaming related Acts.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 12 May 1999 by the Honourable Jeff Kennett MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 13 May 1999.

The purpose of the Bill is to make provision for the publication of the report of the Longford Royal Commission. The Bill is only to be commenced if the report is handed down when Parliament is not sitting. In that event the report will be received by the Governor and the Minister is to deliver a copy to the Clerk of each House of the Parliament. Following this procedure the Bill authorises the report to be published without further formality by the Government Printer.

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

Clause 2 provides that the Act comes into operation on a day to be proclaimed. The Committee notes the comments in the Second Reading Speech:–

Clause 4 provides for the publication of the report of the Longford Royal Commission in the event that Parliament is not in session at the time the report is handed down to the Governor.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Jan Wade MP with the Honourable Bill McGrath MP. The Second Reading Speech was delivered on 6 May 1999.

The main purpose of the Bill is to amend the Prostitution Control Act 1994 (the Act) so as to facilitate the prosecution of persons who operate a brothel or escort agency without holding a licence and to confer certain powers on inspectors appointed under the Fair Trading Act 1999. The Bill also amends the definition of "sexual services" and amends the Summary Offences Act 1966 so as to regulate the advertising of live sexually-explicit entertainment. The Bill further amends the Confiscation Act 1997 so as to create new forfeiture offences.

Clause 2 provides:–

Clause 4 inserts a number of new definitions into the Act and substitutes a new definition for "sexual services" to encompass acts described as "lap dancing" and "peep show".

Clause 5 inserts a new section 3A into the Act to deem that in certain circumstances the payment of an admission charge to premises can constitute payment for sexual services for the purpose of determining whether a person is a prostitution services provider.

Clause 7 amends section 22(1) and makes it clear that the fault element of the offence is "knowingly or recklessly" providing prostitution services without a licence. The maximum penalty is increased from 360 penalty units to 600 penalty units ($60,000). The offence also attracts a maximum Level 6 imprisonment (5 years) which remains unchanged.

Clause 8 inserts a new section 22(1A) creating a new strict liability offence of carrying on a business as a prostitution services provider without a licence without the requirement of proof of knowledge or recklessness (as in clause 7). It is a defence to such an offence that the person was under a mistaken but honest belief about facts which, had they existed, would have meant that the conduct would not have constituted the offence. For example, that a licence had been issued, or was still valid or that the business carried on at the premises did not involve the provision of prostitution. Maximum penalty for the new offence is 240 penalty units ($24,000).

The Committee notes the comments in the Second Reading Speech:

Clause 12 inserts new sections 46D and 46E. New section 46D deals with the power of the Authority to put questions to or require information from a prostitution services provider relating to the business of the licensee. It is an offence to refuse to comply with such a request without reasonable excuse. 46E deals with the rule against self-incrimination, 46E(2) provides:–

Section 46E(3) provides:–

Clause 13 repeals old sections 47(1), (3) and (3A) and substitutes new sections 47(1) and (2) and spells out the circumstances where a licence will be automatically cancelled for example a conviction on a drug offence in or outside Victoria, a Schedule 3 offence including a visa or illegal immigrant offence, insolvency or a conviction for an indictable crime punishable by imprisonment for 12 months or more.

Clause 18 substitutes a new section 53 dealing with the automatic cancellation of approved manager status under Division 5 of Part 3. The offences for automatic cancellation are the same as in clause 13 above.

Clause 22 inserts a new Division 8A into Part 3 dealing with standardised inspectors’ powers. The new Division consists of new sections 61A to 61Z and reproduces almost identical inspectorial powers found in the Fair Trading Act 1999. The Committee reported on these provisions in Alert Digest No. 2 of 1999 at pages 5 to 15. The Committee also looked at inspectors’ powers in the Fair Trading (Inspectors’ Powers and Other Amendments) Bill reported in Alert Digest No. 4 of 1999 at pages 4 to 8.

New section 61L provides for the issue of search warrants pursuant to the forms and procedures prescribed under the Magistrates’ Court Act 1989.

New section 61T requires an occupier to assist inspectors by giving information either orally or in writing or to produce documents to the inspector and to give reasonable assistance to the inspector. 61U makes it an offence to refuse or fail to comply with any of the provisions in the new Division.

New section 61V deals with the rule against self-incrimination. 61V(3) provides that:–

New section 61X applies certain provisions found in the Fair Trading Act 1999 for the purposes of the Act. They are:– section 120 (inspectors to be permitted to enter premises open to the public and are permitted to purchase anything on such premises at such a time and at such a price at which it is available to the public to purchase); section 135 (offence to hinder or obstruct inspector); section 136 (offence to impersonate an inspector); section 137 (inspectors to report exercise of powers of entry to Director); section 138 (Director to keep register of such reports); and section 139 (Director to investigate complaints).

Clause 28 substitutes a new section 80(1)(a) and section 84(1)(a) and inserts a new section 80(3B) and ensures that in applying to the Magistrates’ Court for a declaration that the premises are a proscribed brothel, an authorised member of the police force is not required to satisfy the court as to the state of mind of the person carrying on business as a prostitution provider at the premises.

Clause 32 inserts a new section 39 into the Summary Offences Act 1966 allowing for regulations to be made by the Governor-in-Council relating to advertising of live sexually explicit entertainment including the imposition of a penalty of up to 20 penalty units ($2,000).

Clause 33 inserts a new section 157(10A) of the Confiscation Act 1997 to ensure the new strict liability unlicensed business offence in section 22(1A) is a forfeiture offence for the purpose of that Act

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Robin Cooper MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 6 May 1999.

The Bill amends the Rail Corporation Act 1996, Transport Act 1983, Public Transport Competition Act 1995 and certain other Acts. The Bill establishes the Spencer Street Station Authority.

Clause 2 Parts 1, 4, 5 and 6 and section 48 commence on Royal Assent. The remaining provisions commence on proclamation but not later than by 1 July 2000.

Clauses 6 and 7 respectively delineate in Schedule 2 and establish the Spencer Street Station Authority (the Authority). New section 18ZK and 18ZL provides that certain land is divested from other public statutory bodies and may be vested in the new Authority.

Clause 23 amends section 219 to clarify powers of arrest of suspected offenders by employees in the Department employed under the Public Sector Management and Employment Act 1998.

Clause 24 substitutes new sub-sections 220(1), (1A), (1B) and (1C) for section 220(1) and extends the power to remove offenders from certain vehicles and premises to authorised persons employed or engaged by bus companies and relevant employees of the Department (if they believe on reasonable grounds that the person is committing an offence) and to expand the application of the provision to the vehicles of bus companies.

Clause 27 inserts new sections 221A to 221S and deals with the authorisation of persons for the purposes of enforcement. 221M confers a right of review by the Victorian Civil and Administrative Tribunal in respect of certain decisions by the Secretary relating to authorisations under relevant provisions.

Clause 34 new section 251A gives passenger transport companies powers with respect to disposal of lost property, and new section 251B exempts noise emanating from rolling stock and deems noise not to be a nuisance for the purposes of the Environment Protection Act 1970, the Local Government Act 1989 and the regulations made under those Acts.

Clause 36 inserts a new section 36(1A) into the Act providing that:–

Clause 37 declares that it is the intention of section 36(1A) as inserted by amended by clause 36 (above) to alter or vary section 85 of the Constitution Act 1975.

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

Clause 41 amends section 37 of the Act which itself inserts a new section 228HA into the Transport Act 1983 to enable the Secretary to audit certain books and records of accredited companies to ensure compliance with conditions of accreditation and also permits regulations to be made requiring such companies to keep books and records for that purpose.

Clause 43 amends sections 31, 32 and 36(1) of the Act and inserts new sections 211(1), 218B(2A), 219AA and 229(1AA) into the Transport Act 1983. The effect of the amendments is to allow authorised persons employed or engaged by bus companies to exercise powers to take names and addresses of, and to detain certain offenders and to bring proceedings for ticket offences.

Clause 48 amends section 73 of the Act to ensure that further infringement notices or charges in respect of toll evasion may be issued where previous notices or charges have been withdrawn, despite the general limit of one notice or charge per vehicle per day.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 5 May 1999 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP. The Second Reading Speech was delivered on 6 May 1999.

The Bill amends a number of State taxation and revenue Acts to give effect to a budget initiative; provide certain exemptions; protect State revenue and increase the efficiency of tax administration.

Clause 2 provides that:–

Clause 3 makes amendments to section 3(1) of the Debits Tax Act 1990 to ensure that all financial institutions which issue cheques will pay debits tax. Recent amendments to Commonwealth legislation expanded the range of financial institutions which could issue cheques which were previously only issued by "banks". The amendment puts all financial institutions and banks on an equal footing with regard to this tax.

Clause 9 amends section 7 of the Pay-roll Tax Act 1971 by inserting a new section 7(1)(h) and lowers the rate of pay-roll tax after the month of June 1999 to 5.75% from the existing 6%.

Clause 18 inserts a new subdivision (18) of Division 3 of Part 2 of the Stamps Act 1958. The amendments are necessary as a result of the transfer of supervisory responsibilities from the States to the Commonwealth under the Financial Sector Reform (Victoria) Bill and the Financial Sector (Transfers of Business) Act 1999 (Cth). Clause 2(4) provides that the provisions come into operation on the day on which section 10 of the Financial Sector Reform (Victoria) Act 1999 comes into operation.

Clause 19 inserts section 137T into the Stamps Act 1958 which exempts from duty certain instruments relating to managed investment schemes, as specified in the section. Clause 2 provides the provision is deemed to have commenced from 1 July 1998.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 21 April 1999 by the Honourable Jan Wade MP with the Honourable Alan Stockdale MP. The Second Reading Speech was delivered on 22 April 1999.

The Committee considered the Bill in Alert Digest No. 4 of 1999 at page 8. The Committee expressed its concern in respect to the following matters and sought further clarification from the Minister.

The Bill was introduced into the Legislative Assembly on 21 April 1999 by the Honourable Jeff Kennett MP with the Honourable Alan Stockdale MP. The Second Reading Speech was delivered on 22 April 1999.

The Committee considered the Bill in Alert Digest No. 4 of 1999 at page 20 and expressed concern in respect to the expiry of the legislation and the method by which the Act could be amended or modified. The Committee made the following comments and sought further advice from the Premier:

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Pat McNamara MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 25 March 1999.

The Committee considered the Bill in Alert Digest No. 2 of 1999 at page 34 and expressed concern in respect to the following matter. The Committee wrote to the Minister for further clarification.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 25 March 1999.

The Committee reported on the Bill in Alert Digest No. 2 of 1999 at page 38. On 13 April the Committee wrote to the Minister expressing concern in respect to the commencement provision in the Bill. The Committee wrote to the Minister as follows:–