Scrutiny of Acts and Regulations Committee
Sixth Annual Report,
May 1999
Ordered to be printed
By Authority. Government Printer for the State of Victoria.
No. 47 Session 1999
Chapter 6 - The Reported Bills 1998
Accident Compensation (Amendment) Bill
The Bill amends the Accident Compensation (WorkCover) Act 1993 and the Accident Compensation Act 1985. [Digest No. 7]
Agriculture Acts (Amendment) Bill
The Bill amends the Agricultural Industry Development Act 1990; the Barley Marketing Act 1993; the Plant Health and Plant Products Act 1995; and the Prevention of Cruelty to Animals Act 1986. [Digest No. 3]
Ambulance Services (Amendment) Bill
The Bill abolishes the Victorian Ambulance Board and Ambulance Officers Training Centre (AOTC). In winding up the AOTC the Bill provides the Secretary of the Department of Human Services to become the AOTC's successor in law, and enables the Department to purchase ambulance education and training services from external sources. [Digest No. 4]
Appeal Costs Bill
The Bill re-enacts, with amendments the Appeal Costs Act 1964. [Digest No. 7]
Appropriation (1998/99) Bill
The Bill provides for payment from the Consolidated Fund to departments in respect to the 1998/99 financial year and for outstanding Departmental liabilities incurred prior to 1998/99. [Digest No. 4]
Appropriation (Parliament) Bill
The Bill provides for payments from the Consolidated Fund to the Parliament in respect to the 1998/99 financial year and for outstanding Parliamentary liabilities incurred prior to 1998/99. [Digest No. 4]
Arts Acts (Statute Law Revision) Bill
The Bill repeals two redundant sections of the Libraries Act 1988 and makes minor grammatical amendments to the National Gallery of Victoria Act 1966 and the Victorian Arts Centre Act 1979. [Digest No. 1]
Arts Acts (Amendment) Bill
The Bill amends the National Gallery of Victoria Act 1966 and the Libraries Act 1988.
The primary purpose of the Bill is to increase by 2 (two) the number of members of the Council of the National Gallery. [Digest No. 6]
Bail (Amendment) Bill
The Bill amends the Bail Act 1977 and clarifies the conditions for granting of bail for certain drug importation offences. [Digest No. 7]
Building (Amendment) Bill
The Bill amends the Building Act 1993 to improve the administration of that Act and amends the Docklands Authority Act 1991 in relation to the administration and enforcement of the building laws in the docklands area. [Digest No. 2]
Building (Plumbing) Bill
The Bill amends the Building Act 1993. The main purposes of the amendments are:– to replace the Plumbing Industry Board with the Plumbing Industry Commission; to establish a Plumbing Industry Advisory Council; to regulate refrigeration mechanics; to generally improve the operation of Part 12A of the Building Act 1993; and to improve the operation of the provisions relating to the sale of buildings by owner-builders. [Digest No. 7]
Business Licensing Authority Bill
The purpose of the Bill is to establish and provide for the operation of the Business Licensing Authority. [Digest No. 3]
Catchment and Land Protection (Amendment) Bill
The Bill establishes the Victorian Catchment Management Council; abolishes the Pest Animal Advisory Committee; re-names Regional Catchment and Land Protection Boards as Catchment Management Authorities; validates the establishment and operation of Regional Catchment and Land Protection Boards under the Catchment and Land Protection Act 1994 and their appointment and operation as Authorities under the Water Act 1989; and amends the Catchment and Land Protection Act 1994 and the Water Act 1989. [Digests Nos. 4 and 5]
Chattel Securities (Amendment) Bill
The Bill amends the Chattel Securities Act 1987 as a consequence of the establishment of the national vehicle security register. [Digest No. 8]
Classification (Publications, Films and Computer Games)(Enforcement) (Amendment) Bill
The Bill amends the Classification (Publication, Films and Computer Games) (Enforcement) Act 1995 by:– creating offences in respect of commercial quantities of certain prohibited material; providing for forfeiture of seized items; requiring certain publications to be sold in sealed packages; and increasing penalties against corporations. [Digest No. 3]
Conservation, Forests and Lands (Miscellaneous Amendments) Bill
The Bill amends the Conservation, Forests and Lands Act 1987; certain references to the Secretary to the Department of Natural Resources and Environment; the Coastal Management Act 1995; the Crown Land (Reserves) Act 1978; the Parks Victoria Act 1998; and for other purposes. [Digest No. 6]
Consumer Credit (Finance Brokers) Bill
The Bill repeals the Finance Brokers Act 1969 and re-enacts selected consumer protection provisions in the Consumer Credit (Victoria) Act 1995. [Digest Nos. 6 and 8]
Credit (Amendment) Bill
The Bill amends the Credit Act 1984 to allow the Credit Tribunal to make orders varying civil penalties where there have been minor errors and to make statute law revision changes to the Credit (Administration) Act 1984. [Digest No. 2]
Crimes (Amendment) Bill
The Bill makes amendments to the Crimes Act 1958. The purpose of the Bill is to make further provision for offences relating to loitering near places frequented by children; to make further provision for offences relating to the wilful contamination of goods; and to make further provision relating to legal representation of an accused. [Digest No. 7]
Crimes (Family Violence)(Amendment) Bill
The Bill amends the Act with respect to appeals and costs and makes amendments of a statute law revision nature. [Digest No. 2]
Crimes, Confiscation and Evidence Acts (Amendment) Bill
The Bill amends the Crimes Act 1958 concerning the provision of forensic reports; the Confiscation Act 1997 and the Evidence Act 1958. [Digest No. 8]
Dried Fruits (Repeal) Bill
The Bill repeals the Dried Fruits Act 1958 and provides for the transfer of property, assets, rights and liabilities of the Victorian Dried Fruits Board to a trust established for the purpose of promoting the development of the dried fruits industry. [Digest No. 3]
Drugs, Poisons and Controlled Substances (Amendment) Bill
Amends the Drugs, Poisons and Controlled Substances Act 1981. [Digest No. 2]
Education (Amendment) Bill
The Bill amends the Education Act 1958. The main purposes of the Bill are to:– make provision relating to religious instruction in connection with pageants, special events or celebrations of festivals; and to repeal outdated provisions relating to assessment and education of students with disabilities or impairments. [Digest No. 7]
Education (Self Governing Schools) Bill
The main purpose of the Bill is to amend the Education Act 1958 and the Teaching Service Act 1981 to make provision for the management and operation of State schools. [Digest No. 3]
Education (Teachers) Bill
The Bill amends the Education Act 1958 to provide for the disqualification from teaching of teachers found guilty of sexual offences involving children. [Digest No. 1]
Electricity Industry (Amendment) Bill
The Bill amends various Electricity Acts and provide for the dissolution of Power Net Victoria and to facilitate the reduction of certain amounts and imposts. [Digest No. 2]
Electricity Industry Acts (Amendment) Bill
The Bill amended the Electricity Industry Act 1993; the Electricity Safety Act 1998; and the State Electricity Commission Act 1958. [Digest No. 8]
Electricity Safety Bill
The Bill makes further provision relating to the safety of electricity supply and the use and efficiency of electrical equipment. [Digests Nos. 2 and 4]
Evidence (Confidential Communications) Bill
The Bill amends the Evidence Act 1958 so as to protect from disclosure in legal proceedings confidential communications between the victim or alleged victim of a sexual offence and a medical practitioner or counsellor. The Bill also enables a court to order disclosure but specifies matters about which the court must be satisfied before doing so. [Digest No. 2]
Financial Management (Amendment) Bill
The Bill amends the Financial Management Act 1994 with respect to accrual output budgeting. [Digest No. 1]
Fire and Emergency Services Acts (Amendment) Bill
The purposes of the Bill are to:– allow industry brigades to join or form groups of brigades; allow industry brigades to be represented on Fire Prevention Committees; to amend the Victoria State Emergency Service Act 1987 to require a controller or member or probationary member of the Service to produce medical evidence to satisfy the Director of their fitness; and to make statute law revision changes. [Digest No. 1]
Firearms (Amendment) Bill
The Bill amends the Firearms Act 1996. [Digest No. 1]
Fundraising Appeals Bill
The Bill regulates fundraising appeals from the public for non-commercial purposes and repeals the Fundraising Appeals Act 1984. [Digest No. 4]
Gaming Acts (Amendment) Bill
The Bill amends the Tattersall Consultations Act 1958; the Gaming Machine Control Act 1991; the Club Keno Act 1993; and to make amendments of a statute law revision nature. [Digest No. 3]
Gaming Acts (Further Amendment) Bill
The Bill amends seven Acts relating to the gaming industry in Victoria. [Digest No. 8]
Gaming No. 2 (Amendment) Bill
The Bill makes minor amendments to Gaming No. 2 Act 1997 and makes provision allowing the Director of Gaming and Betting to determine applications for trade promotion lottery permits, rather than the Victorian Casino Gaming Authority. [Digest No. 2]
Gas Industry (Amendment) Bill
The Bill regulates certain anti-competitive conduct and restricts cross-ownership in the gas industry and amends the Gas Industry Act 1984. [Digest No. 4]
Gas Industry Acts (Amendment) Bill
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. [Digest Nos. 8 of 1998 and 1 of 1999]
Gas Pipelines Access (Victoria) Bill
The Bill makes provision for the regulation of third party access to natural gas pipeline systems and to amend the Gas Industry Act 1994. [Digests Nos. 3 and 4]
Geographic Place Names Bill
The Bill makes provision for the naming of places and the registration of place names and to amend the Survey Co-ordination Act 1958 and the Local Government Act 1989. [Digest No. 1]
Health Acts (Statute Law Revision) Bill
The Bill makes statute law revision amendments to several Acts administered by the Minister for Health. [Digest No. 1]
Health Services (Amendment) Bill
Amends the Health Services Act 1988 and the Health Services (Amendment) Act 1997 to increase penalties for certain offences. [Digest No. 2]
Health Services (Further Amendment) Bill
The main purposes of the Bill are to amend the Health Services Act 1988:– to provide that trusts in relation to a registered funded agency are not affected by any amalgamation or aggregation of that agency or any declaration of a multi purpose service; to amend the provisions relating to Medicare principles; to enable the removal of directors of metropolitan hospitals during their term of office; and to make miscellaneous amendments to provisions relating to multi purpose services and amalgamated and aggregated bodies. [Digest Nos. 6 of 1998 and 1 of 1999]
Heritage Rivers (Amendment) Bill
The Bill makes further provision with respect to the clarification of boundaries of heritage areas and amends the Heritage Rivers Act 1992. [Digest No. 3]
International Transfer of Prisoners (Victoria) Bill
The Bill gives effect to the scheme for the international transfer of prisoners set out in the International Transfer of Prisoners Act 1997 (Cth), by enabling prisoners to be transferred to and from Victoria. [Digests Nos. 4 and 5]
Land (Further Revocation of Reservations) Bill
The Bill provides for the revocation of reservations over certain areas of land and repeals the Bendigo (Dai Gum San Village) Land Act 1975. [Digest No. 6]
Land (Revocation of Reservations) Bill
The Bill revokes reservations over various parcels of land. [Digest No. 3]
Land Tax (Amendment) Bill
The Bill amends the Land Tax Act 1958 and introduces an exemption from land tax for land used as a person's principal place of residence. [Digest No. 4]
Land Titles Validation (Amendment) Bill
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. [Digest No. 8]
Legal Aid (Amendment) Bill
The Bill amends the Legal Aid Act 1978 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 and for other purposes. [Digest No. 8]
Legal Practice (Amendment) Bill
The Bill amends the Legal Practice Act 1996 with respect to professional indemnity insurance and for other purposes. [Digest No. 6]
Licensing and Tribunal (Amendment) Bill
The Bill amends 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; the Victorian Civil and Administrative Tribunal Act 1998; and makes consequential amendments to a number of other related Acts. [Digest No. 8]
Liquor Control Reform Bill
The Bill reforms the law relating to the supply and consumption of liquor and repeals the Liquor Control Act 1987. [Digest No. 7]
Livestock Disease Control (Amendment) Bill
The purpose of the Bill is to amend the Livestock Disease Control Act 1994, to provide for the introduction of a permanent identification scheme initially for cattle and to improve the operation of the legislation. [Digest No. 5]
Local Government (Amendment) Bill
The Bill amends the Local Government Act 1989; deals with the filing of extraordinary vacancies on municipal Councils by a countback of votes; makes various other minor changes to the electoral provisions of the Act; and provides that local laws must comply with National Competition Policy principles. [Digest No. 4]
Local Government (Darebin City Council) Bill
The Bill dismisses the Darebin City Council; extends the operation of the Order in Council that applies to the City Council; and sets a date for an election for the Council. [Digest No. 3]
Local Government (Governance and Melton) Bill
The Bill amends the Docklands Authority Act 1991 to give the Docklands Authority the powers of a municipal council in respect of the docklands area; amends the City of Melbourne Act 1993 to excise the docklands area from the municipal district of the Melbourne City Council; amends the Local Government Act 1989 to enable the residents and ratepayers of the Shire of Melton to choose how their Council is to be administered; and to make consequential amendments to other Acts. [Digest No. 7]
Local Government (Nillumbik Shire Council) Bill
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. [Digest No. 8]
MacKillop Family Services Bill
The purpose of the Bill is to make provision for the vesting of certain property given for charitable purposes in MacKillop Family Services Limited. [Digest No. 7]
Melbourne and Olympic Parks (Amendment) Bill
The Bill facilitates the construction of a multi-purpose velodrome by providing for the revocation of reservations of certain lands. [Digests Nos. 4 and 5]
Melbourne City Link (Amendment) Bill
The Bill amends the Melbourne City Link Act 1995 and certain other Acts. The main purposes of the Bill are:– to facilitate the administration and enforcement of the tolling provisions of the Act; to make further provision in relation to the privacy of information collected in relation to tolling; and to provide for certain powers in relation to the operation of the Link road and the Extension road. [Digest No. 8]
Melbourne City Link (Exhibition Street Extension) Bill
Amends the Melbourne City Link Act 1995. [Digest No. 4]
Melbourne Cricket Ground (Amendment) Bill
The Bill amends the Melbourne Cricket Ground Act 1933 principally in respect to the trustees of the Melbourne Cricket Ground Trust. [Digest No. 7]
Miscellaneous Acts (Omnibus No. 1) Bill
The purpose of the Bill is to make miscellaneous amendments to 10 (ten) Acts as follows:–
· Audit Act 1994;
· Children and Young Persons Act 1989;
· Confiscation Act 1997;
· Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
· Gaming Machine Control Act 1991;
· Gaming No. 2 Act 1997;
· Magistrates' Court Act 1989;
· Port Services Act 1995;
· Public Sector Superannuation (Administration) Act 1993; and
· Wills Act 1997. [Digest No. 4]
Mutual Recognition (Victoria) Bill
The main purpose of the Bill is to continue the adoption of the Mutual Recognition Act 1992 of the Commonwealth. [Digests Nos. 6 and 8]
National Parks (Amendment) Bill
Amends the National Parks Act 1975. [Digest No. 4]
Parks Victoria Bill
The Bill establishes Parks Victoria as a pubic authority creating an organisation able to deliver park management services for the State's parks, reserves and open spaces and other management functions. [Digest No. 4]
Patriotic Funds (Amendment) Bill
The Bill amends the Patriotic Funds Act 1958 to extend the application of patriotic funds to members of the armed services and their dependants for relief or assistance in connection with service or duty other than in connection with a war. [Digest No. 7]
Petroleum Bill
The Bill regulates petroleum exploration and production in Victoria and repeals the Petroleum Act 1958. [Digests Nos. 6 of 1998 and 1 of 1999]
Physiotherapists Registration Bill
The Bill repeals the Physiotherapists Act 1978; establishes the Physiotherapists Registration Board; and otherwise regulates physiotherapist services. [Digest No. 4]
Planning and Environment (Amendment) Bill
The Bill amends the Planning and Environment Act 1987 to provide for the Melbourne Airport Environs Strategy Plan. [Digest No. 6]
Printers and Newspapers (Repeal) Bill
The Bill repeals the Printers and Newspapers Act 1958 and amends the Wrongs Act 1958 to provide for the identification of publishers. [Digest No. 3]
Property Law (Amendment) Bill
The Bill amends the Property Law Act 1958 to provide for a right of account as between co-owners of property and to enable the court to adjust personal property interests of de facto partners under Part IX of the Act. [Digest No. 2]
Public Correctional Services Authority Bill
The Bill establishes the Public Correctional Services Authority and amends the Corrections Act 1986 to provide for the role of the new Authority in relation to the provision of correctional services. [Digest No. 4]
Public Prosecutions (Amendments) Bill
The Bill amends the Public Prosecutions Act 1994 so as to enable the Director of Public Prosecutions:– to delegate the power to enter a nolle prosequi in criminal proceedings or consent to the commencement of certain criminal proceedings or act as a member of a Director's Committee; to indemnify a witness against prosecution in certain circumstances or give an undertaking to a witness that evidence given in a specified proceeding will not be used against them in criminal proceedings; to take over and conduct certain proceedings in respect of indictable offences; and to institute or be a party to certain civil proceedings. [Digest No. 1]
Public Sector Management and Employment Bill
The Bill provides for the management of Victorian public
sector employment.
[Digest No. 4]
Public Sector Reform (Miscellaneous Amendments) Bill
The Bill makes consequential and transitional amendments to legislation following the enactment of the Public Sector Management and Employment Bill. [Digest No. 4]
Racing and Betting Acts (Amendment) Bill
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. [Digest No. 8]
Rail Corporation (Further Amendment) Bill
The Bill amends the Rail Corporations Act 1996
and the Transport Act 1983.
[Digest No. 8]
Rail Corporations (Amendment) Bill
The Bill amends the Rail Corporations Act 1996 and the Transport Act 1983 and establishes a new statutory corporation to operate rural passenger services and regulate access to certain rail or tram infrastructure. [Digest No. 4]
Retail Tenancies Reform Bill
The purpose of the Bill is to reform the law relating to retail tenancies. [Digest No. 1]
Road Safety (Amendment) Bill
The Bill facilitates the adoption of national road transport laws that have and are being developed by the National Road Transport Commission. [Digest No. 4]
Road Safety (Driving Instructions) Bill
The Bill amends the Road Safety Act 1986 to provide a scheme for the compulsory registration of driving instructors. [Digest No. 3]
Road Safety (Further Amendment) Bill
The Bill amends the Road Safety Act 1986 and the Transport Accident Act 1986. The Bill deals with the operation of the demerit points system; the circumstances in which the Roads Corporation may disclose information gained by it; and the period of operation of certain Regulations. [Digest No. 7]
Sea-Carriages Documents Bill
The Bill reforms the law relating to bills of lading, sea waybills and ship's delivery orders. [Digest No. 2]
St George Bank and Advance Bank Australia Bill
The purpose of the Bill is to facilitate the merger of the Advance Bank Australia with St George Bank Limited. [Digest No. 3]
State Taxation (Amendment) Bill
The Bill amends the Financial Institutions Duty Act 1982; the Debits Tax Act 1990; the Pay-roll Tax Act 1971; the Taxation Administration Act 1997; the Taxation (Reciprocal Powers) Act 1987; and the Racing Act 1958. [Digests Nos. 4 and 5]
State Taxation (Further Amendment) Bill
The Bill amends the Business Franchise (Petroleum Products) Act 1979; the Financial Institutions Duty Act 1982; the Land Tax Act 1958; the Liquor Control Act 1987; the Pay-roll Tax Act 1971; the Stamps Act 1958; and the Taxation Administration Act 1977. [Digest Nos. 8 of 1998 and 1 of 1999]
State Trustees (Amendment) Bill
Amends the State Trustees (State Owned Company) Act 1994 and makes other consequential amendments. [Digest No. 2]
Summary Offences (Amendment) Bill
The Bill amends the Summary Offences Act 1966 with respect to habitual drunkenness and making a false report to police. [Digest No. 1]
Superannuation Acts (Amendment) Bill
The Bill makes miscellaneous amendments to the following Superannuation Acts:– the Emergency Services Superannuation Act 1986; the Hospitals Superannuation Act 1988; the Parliamentary Salaries and Superannuation Act 1968; the Public Sector Superannuation (Administration) Act 1993; the State Employees Retirement Benefits Act 1979; the State Superannuation Act 1988; the Superannuation (Portability) Act 1989; and the Transport Superannuation Act 1988. [Digest No. 7]
Tertiary Education (Amendment) Bill
The Bill extends the application of the requirement to provide information to the Minister for the purpose of planning and coordinating higher education. [Digest No. 1]
Trade Measurement (Administration)(Amendment) Bill
The Bill makes retrospective amendments to the Trade
Measurement Act 1995.
[Digest No. 7]
Transfer of Land (Single Register) Bill
The Bill amends the Transfer of Land Act 1958 to further streamline procedures for the conversion of general law land and to make consequential amendments to the Property Law Act 1958. [Digest No. 5]
Transport (Amendment) Bill
The Bill amends the Transport Act 1983. The main purposes of the amendments are to:– facilitate and improve the administration of the taxi and hire car industry; permit the Roads Corporation to lease or licence areas of land over which there is a declared road; and to make adjustments to reservations over certain lands for the future re-location of a tramway. [Digest No. 7]
Transport Accident (Amendment) Bill
The main purpose of the Bill is to introduce a revised approach to the measurement of impairment of persons injured as a result of transport accidents and makes miscellaneous amendments to the Transport Accident Act 1986. [Digests Nos. 3 and 4]
Transport Acts (Amendment) Bill
The Bill repeals provisions of the National Rail Corporation (Victoria) Act 1991 in order to facilitate the sale of the shares of the State of Victoria in National Rail Corporation Limited; repeals provisions of the Transport Act 1983 that restrict the carriage of certain goods by commercial goods vehicle; and makes amendments to the Rail Corporations (Amendment) Act 1997. [Digest No. 2]
Trans-Tasman Mutual Recognition (Victoria) Bill
The purpose of the Bill is to adopt the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth. [Digest No. 1]
Tribunals and Licensing Authorities (Miscellaneous Amendments) Bill
The Bill amends various Acts as a consequence of the Victorian
Civil and Administrative Tribunal Act 1998 and the Business Licensing Act 1998;
and repeals the Administrative Appeals Tribunal Act 1984, the Planning
Appeals Act 1980 and certain other Acts.
[Digest No. 3]
Valuation of Land (Amendment) Bill
The purpose of the Bill is to amend the Valuation of Land Act 1960 to provide for municipal councils to make biennial valuations of land. [Digest No. 1]
Victorian Civil and Administrative Tribunal Bill
The Bill establishes the Victorian Civil and Administrative Tribunal. [Digest No. 3]
Victorian College of the Arts (Amendment) Bill
The Bill amends the Victorian College of the Arts Act 1981 by reducing the membership of the Council of the College; provides for changes in the Council's ability to acquire and dispose of land; and makes other miscellaneous amendments. [Digest No. 6]
Victorian Institute of Marine Sciences (Repeal) Bill
The Bill repeals the Victorian Institute of Marine Sciences Act 1974 and transfers the Institutes assets and liabilities to a State Department. [Digest No. 6]
Victorian Plantations Corporations (Amendment) Bill
The Bill amends the Victorian Plantations Corporations Act 1993 providing for the sale of the forestry business of the Victorian Plantations Corporation and to permit the granting of perpetual licences for land vested in the Victorian Plantations Corporation. [Digest No. 3]
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