Scrutiny of Acts and Regulations Committee

Report on the Legislation Reform (Repeals No. 3) Bill 2008
May 2008

[Table of Contents]

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Legislation Refom (Repeals No. 3) Bill 2008

Introduced: 15 April 2008
Second Reading Speech: 17 April 2008
House: Legislative Assembly
Minister introducing Bill: Hon. John Brumby MP
Portfolio responsibility: Premier

Reference to the Committee

On the motion of the Hon. Peter Batchelor MP, the Legislative Assembly resolved to refer this Bill to the Scrutiny of Acts and Regulation Committee (the ‘Committee’) for inquiry, consideration and report.

Other than this specific reference the Committee notes that it has, in conjunction with the Office of Chief Parliamentary Counsel, a general reference from the Parliament to inquire into and consider Acts of the Parliament which are unclear, ambiguous, unnecessary or redundant.[1]

The role of the Committee in considering a statute law revision Bill

The role of the Committee in considering a statute law revision Bill is to ensure that any amendments made to Acts are not of a substantive nature and are strictly confined to the correction of references, spelling, drafting and grammatical errors which are intended to clarify the original intent of the legislation. Where Acts are to be repealed the objective of the Committee is to ensure that the Acts sought to be repealed are spent or no longer necessary to remain on the Victorian Statute books and that there are appropriate transitional or savings provisions in place, should such provisions be necessary. Other than the amendments proposed to be made to the Road Safety Act 1986 this Bill is confined to the repeal of redundant or spent legislation and makes no statute law revision amendments to Acts. The amendment to the Road Safety Act 1986 simply re-enacts a provision in an amending Act that is to be repealed by the Bill.

Purpose of this Bill

The explanatory memorandum of the Bill provides that the purpose of the Bill is to repeal spent Acts.

The Committee notes the following extracts from the Premier’s Second Reading Speech –

The Acts to be repealed are listed in Schedule 1 to the Bill. Schedule 2 to the Bill makes two amendments to the Road Safety Act 1986 to preserve the effects of one of the repealed Acts, namely the Road Safety (Further Amendment) Act 1991. Schedule 2 will ensure that certain changes to the Road Safety Act 1986 that were made by the repealed amending Act will continue to operate only from the time when the amending Act came into effect.

Office of the Chief Parliamentary Counsel

The Committee received evidence from the Chief Parliamentary Counsel, Mrs Gemma Varley.
The Committee considered the evidence and concluded that the Acts to be repealed and the amendments made to the Road Safety Act 1986 were appropriate to be contained in a statute law revision Bill.

The Chief Parliamentary also provided the Committee with a certificate dated April 2008 declaring that the Bill contains only repeals and amendments appropriate for a statute law revision Bill and that any transitional, saving or validation provisions in the Acts to be repealed will be saved by the operation of section 14 of the Interpretation of Legislation Act 1984.

The certificate of the Chief Parliamentary Counsel is shown at [Appendix 1].

Content and Committee comment

Statement of Compatibility

The Committee notes the Statement of Compatibility attached to the Second Reading Speech[2] declares that the Premier is of the opinion that the Bill does not raise any human rights issues, and is compatible with the Charter of Human Rights and Responsibilities.

The Bill in brief

[Clauses]

[1]. Provides that the purpose of the Bill is to repeal certain spent Acts.

[2]. Provides that the repeal of the Acts come into force on the day after Royal Assent.

[3]. Provides for the Acts listed in Schedule 1 are to be repealed.

[4]. Amends the Road Safety Act 1986 as set out in Schedule 2 to re-enact certain transitional provisions that are currently found in an Act which is being repealed by the Bill.

[5]. Provides for the automatic repeal of this amending Act on the first anniversary of the day on which it receives Royal Assent.

Schedule 1

Repeal of Acts

The Acts to be repealed in this Schedule fall into 3 categories —

1. Spent Principal Acts

The Principal Acts to be repealed are—

The Metropolitan Gas Company's Act 1878 (No. 586)

This Act incorporated a company called "The Metropolitan Gas Company". This company was the result of the amalgamation of The City of Melbourne Gas and Coke Company, The Collingwood Fitzroy and District Gas and Coke Company and The South Melbourne Gas Company. This Act also provided for the powers and responsibilities of The Metropolitan Gas Company in respect of the execution of works and the supply of gas. The Metropolitan Gas Company was dissolved on 1 July 1951 under section 11 of the Gas and Fuel Corporation Act 1950. Section 11 was later re-enacted as section 12 of the Gas and Fuel Corporation Act 1958. The Gas and Fuel Corporation was the successor in law of The Metropolitan Gas Company. The Gas and Fuel Corporation has since been abolished. The Gas and Fuel Corporation Act 1958 has been repealed.

Bank of New South Wales Act 1926 (No. 3453)

This Act repealed certain Acts relating to the Bank of New South Wales and declared that the Bank of New South Wales was deemed to be a company incorporated outside Victoria and applied section 270 of the Companies Act 1915 to that company. The Bank of New South Wales is now Westpac. Westpac has been consulted in relation to the repeal of the 1926 Act and have advised that as Westpac is now a company registered under the Corporations Act 2001 of the Commonwealth, the provision in the 1926 Act is no longer relevant to Westpac and can be repealed.

Farm Water Supplies Advances Act 1944 (No. 5020)

This Act provided power for the Board of Land and Works to make advances to farmers by way of loans to enable them to obtain supplies of water for their farms. This Act was amended in 1946 to extend its application to drainage. The period of a loan could not exceed 10 years. No further advances were able to be made under the 1944 Act after the commencement in 1950 of Part III of the Rural Finance Corporation Act 1949 (see section 47 of the 1949 Act). The 1949 Act was re-enacted as the Rural Finance Act 1958 which was later replaced by the Rural Finance Act 1988.

Winchelsea Coal Mine Act 1951 (No. 5557)

This Act ratified agreements in connection with the Winchelsea Coal Mine. The term of each agreement was 5 years from 29 May 1951. This Act also provided for the payment for the purchase of land by the State. The provisions have taken effect. In accordance with the Act and the agreements, title to the land set out in Parts A and B of Schedule 1 was granted to Winchelsea Coal Pty Ltd. A Mineral Lease of the land in Part C of Schedule 1 was granted to Winchelsea Coal Pty Ltd for the period of 15 years commencing 5 September 1955. The land subject to the lease is now Crown land. The ratified agreements are at an end.

Bread Industry Act 1959 (No.6529)

This Act regulated the Bread Industry in Victoria. The Victorian Competition and Efficiency Commission (VCEC) reviewed this Act in 2007 as part of its report Simplifying the Menu: Food Regulation in Victoria. VCEC recommended the repeal of this Act as it is no longer enforced and the Trade Practices Act 1974 of the Commonwealth now protects competition in that industry.

Planning Authorities Repeal Act 1994 (No. 118/1994)

This Act provided for the abolition of the Loddon-Campaspe Regional Planning Authority and the Upper Yarra Valley and Dandenong Ranges Authority and the appointment of an administrator to wind up the affairs of each Authority. The 1994 Act then provided for the repeal of the Loddon-Campaspe Regional Planning Authority Act 1987 and the Upper Yarra Valley and Dandenong Ranges Authority Act 1976, the transfer of assets and liabilities to the State and for each administrator to cease to hold office. The 1994 Act also amended the Planning and Environment Act 1987 to insert a new Part 3A dealing with the Upper Yarra Valley and Dandenong Ranges Regional Strategy Plan. The 1994 Act is wholly in operation. The abolition of each Authority and the repeal of each Act have taken effect. The administrators have ceased to hold office. The provisions amending the Planning and Environment Act 1987 have taken effect and are now spent.

Federal Awards (Uniform System) Act 2003 (No. 18/2003)

Section 2(3) provides that a proclamation must not be made under section 2(1) bringing Parts 2, 3, 4 or 6 into operation if section 52 has been proclaimed to come into operation. Section 52 amended the Commonwealth Powers (Industrial Relations) Act 1996.

Parts 2, 3, 4 and 6 cannot be proclaimed as a proclamation has been made that brought section 52 into operation. (Sections 1(a), 2, 50, 51, 52 and 53 came into operation on 17 December 2003). Sections 50 to 53 have since been repealed. Part 1 contains formal provisions and definitions which are no longer required.

Appropriation (2005/2006) Act 2005 (No. 26/2005)

Appropriation (Parliament 2005/2006) Act 2005 (No. 27/2005)

New appropriation Acts are enacted each year and these Appropriation Acts are now spent in their operation.

2. Spent Amending Acts with transitional or substantive provisions

Schedule 1 repeals 13 amending Acts that contain transitional, saving or validation provisions or substantive provisions. The amendments or repeals made by the Acts are wholly in operation and have amended or repealed the provisions of Acts they were enacted to amend or repeal. The transitional and saving provisions are no longer required because of the passage of time and subsequent enactments since the Acts were enacted. The substantive provisions are no longer required because they have taken effect or are spent or redundant. Any residual or continuing effect of the transitional and saving provisions and the effect of the validation provisions will be saved by section 14 of the Interpretation of Legislation Act 1984.

3. Spent Amending Acts—wholly in operation

The remainder of the Acts in Schedule 1 are amending Acts which are now wholly in operation and have amended the Acts they were enacted to amend or in some instances the amendments are of no effect because the Act to be amended was repealed. These Acts contain no transitional or substantive provisions.

Schedule 2

Road Safety Act 1986

This Schedule amends the Road Safety Act 1986 to re-enact section 18(1) of the Road Safety (Further Amendment) Act 1991. This provision is a transitional application provision relating to offences and it is re-enacted for ease of reference by the courts.

Scrutiny of Acts and Regulations Committee
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