Review of Redundant
and Unclear Legislation
Third Report
Chapter Two - Acts Considered
Administrative Law Act 1978
2.1 The Law Institute of Victoria identified this Act as one in need of substantial reform. The Committee wrote to the Attorney-General, the Hon. Jan Wade MP, regarding this Act in December 1994 and December 1996.[1] The Attorney-General initially advised the Committee that the Act was being considered for possible referral to the Committee for review. However, the Act was then reviewed by the Attorney-General's Law Reform Advisory Council. The Attorney-General is currently considering the Council's recommendations. The Committee was further advised that a review by the Redundant Legislation Subcommittee could not be justified at this stage.[2]
Adoption Act 1984
ss 19, 33, 42(2)(d) 46 49
2.2 As part of the portfolio review of the Minister for Community Services, the then Minister, the Hon. Michael John MP, identified certain sections of the Act as being suitable for review by the Committee.[3]
2.3 The Act remains under consideration by the Committee.
Age of Majority Act 1977
2.4 The Committee sought advice from the Attorney-General, the Hon. Jan Wade MP, on the appropriateness of repealing this Act whilst saving necessary provisions in the Equal Opportunity Act 1995.[4]
2.5 The Attorney-General advised the Committee--
I do not consider it appropriate to incorporate relevant provisions of the Age of Majority Act 1977 into the Equal Opportunity Act 1995. It is important that the age of majority remains on the statute book. As the age of majority is relevant to a number of Acts it would not be appropriate to incorporate such a provision into the Equal Opportunity Act as it may be seen as limiting the application of the age of majority. Such an amendment may also cause confusion as the Equal Opportunity Act outlaws discrimination on the basis of age, yet legislation exists to which the age of majority is clearly relevant, such as the Liquor Control Act 1987. However, it is possible that other provisions exist in the Age of Majority Act 1977 which are appropriate for repeal.[5]
2.6 The Committee sought further advice from the Attorney-General on provisions appropriate for repeal.[6] The Committee was informed that the Wills Act 1958 was being redrafted, and that consideration was being given to the possibility of transferring those provisions in the Act which impact on wills (sub-sections 3(4) - 3(7)) into the Wills Act. It was noted, however, that sub-sections 3(4) - 3(7) also affected trusts.[7]
2.7 The Attorney-General considered that the Act would benefit from being re-written in plain English and commented further that, if the Act was re-written, sections 4 and 5 would be included in the consequential amendment section of the Act, which would leave only a couple of substantial provisions in the Act.[8]
2.8 Finally, the Attorney-General requested the Committee's advice on the definition of the age of majority in other Australian jurisdictions, and whether those jurisdictions maintained a separate Act to deal with the issue.[9]
2.9 The Act remains under review.
Appeal Costs Act 1964
2.10 The Committee wrote to the Attorney-General, the Hon. Jan Wade MP, seeking her views on the appropriateness of repealing this Act.
2.11 The Attorney-General advised the Committee that she had approved a project to re-enact the Act to clarify its structure and remove anomalies.[10]
Australian Airlines (Interstate Services) Act 1990
2.12 The Committee suggested to the Minister for Industry Science and Technology, the Hon. Mark Birrell MLC, that the Act may be appropriate for review.[11] The Minister declined the offer by the Committee to review the Act, stating--
The Acts [another Act was also considered] are not redundant or unclear and are necessary. Further to this, any State based review would not be appropriate because the Acts adopt Commonwealth legislation as part of national uniform legislative schemes.[12]
Banking (Premium Accounts) Act 1992
2.13 In its Second Report the Committee noted that advice had been received from the Minister for Sport, Recreation and Racing as follows--
Having regard to the taxation provisions of the Act, I sought advice on the matter from my colleague, the Hon. Alan Stockdale MP, Treasurer and I have enclosed a copy of his response for your information.
It is suggested that the Committee defer its consideration of whether the Banking (Premium Accounts) Act should be proclaimed or repealed until early 1995.[13]
2.14 The relevant extract from the letter from the Treasurer referred to by the Minister for Sport, Recreation and Racing reads--
The Banking (Premium Accounts) Act was enacted by the previous Government at the request of, and in close consultation with, the ANZ Bank. Although the ANZ has not applied for a licence under the Act, given that the repeal of the Act would effectively prevent the ANZ or any other bank from ever introducing a premium bonds scheme, my Department wrote to the ANZ to inquire what the intentions of the ANZ were in respect of taking out a licence. The ANZ has advised that there is a very real chance that it will apply for a licence under the Act; however, the ANZ is unable to make a firm commitment at this stage but will be able to give a definite answer by the end of the year.
In these circumstances, the best outcome at this stage would be if the Scrutiny of Acts and Regulations Committee could defer consideration of whether the Banking (Premium Accounts) Act should be proclaimed or repealed until early 1995. [14]
2.15 The Committee was later advised by the Treasurer--
The ANZ has now asked whether the matter can be deferred for a further year as they are presently conducting discussions with the NSW Government concerning the introduction of similar legislation in New South Wales.[15]
2.16 The Committee also received submissions from solicitors acting on behalf of clients who support the retention of the Act in the Statute book.[16] As a result, the Committee agreed to defer consideration of the repeal of the Act for a further twelve months and advised the Treasurer accordingly. The Committee later requested an update from the Treasurer.[17]
2.17 The Committee notes that the Gaming Acts (Miscellaneous Amendments) Bill, which is currently before Parliament, provides in clause 39(2) of that Bill for the repeal of the Act.[18]
Border Railways Act 1922
2.18 A review of the portfolio of the Minister for Public Transport identified the Act as one possibly suitable for consolidation with another Act.[19] The then Minister for Public Transport, the Hon. Alan Brown MP, advised the Committee--
The Border Railways Act 1922 and the South Australian and Victorian Border Railways Act 1930 both appear to be still required. However, as the Committee noted, there is the possibility that one or both of these Acts could be repealed at a future date. As further amendments are progressively made to the Transport Act 1983 that option may become viable.[20]
2.19 More recently, the Committee sought the advice of the new Minister, the Hon. Robin Cooper MP.[21] The Minister advised that the Act is currently being considered by the Department of Infrastructure National Competition Policy Legislative Review Steering Committee. As part of the review, the Steering Committee is undertaking a detailed consideration of whether the Act is redundant. The Steering Committee will report to the Minister at the conclusion of the review. If it is found that the Act is redundant, it is likely that the Government will introduce legislation to repeal the Act.[22]
Boy Scouts Association Act 1932
2.20 The Boy Scouts Association Act 1932 provides for the incorporation of the Association. The Act remains relevant, but is written in a language and style appropriate to the time when it was enacted, and not in accordance with modern drafting practices.
2.21 The Committee was advised by the Boy Scouts Association as follows--
The Act is not redundant. It provides the corporate basis for the conduct of the affairs of the Association, as governing body for the Scout movement in the State of Victoria.
It is recognised that with the passage of time, the Act (and the Constitution of the Branch which is a schedule thereto) should be carefully reviewed and redrafted as appropriate, to meet present needs.
We would appreciate being offered assistance to have the Act redrafted, and would be very willing to provide a note of suggested matters to be dealt with in new or redrafted legislation.
2.22 In response, the then Minister for Finance, the Hon. Ian Smith MP advised the Committee--
Although it is perhaps understandable that the Boy Scouts Association (and the Girl Guides Association) would wish to retain their own Acts, it is necessary to question whether it may be more appropriate for those Associations to use the provisions of the Associations Incorporation Act 1981 rather than preserve what are essentially private Acts.[23]
2.23 The Minister for Fair Trading, the Hon. Jan Wade MP advised on the issue of the possibility of the Boy Scouts and Girl Guides Associations being incorporated under the Associations Incorporation Act 1981--
[T]he language of both the Girl Guides Act 1952 and the Boy Scouts Act 1932 is certainly archaic, but this is no reason in itself why they should be included (say as an appendix) in an Act of wider and more general application, that is the Associations Incorporation Act 1981.
Many of the matters covered in [the Acts] are peculiar to those Acts eg: badges, uniforms, and the relationship with their originating UK bodies and should not appear in a procedural Act which registers and sets general procedural requirements for all associations.
Including the Acts, even if updated, within the Associations Incorporation Act 1981 could also serve to make the legislation harder to find for those interested in perusing it, and may be seen by the associations concerned as undermining their independence and status.
While I fully support the need to rationalise the statute books, I do not believe that the Acts should be included in the Associations Incorporation Act 1981. At the same time, if it is decided that the Acts have no substantial role and should be removed from the statute books, I see no reason why the bodies could not be incorporated under the 1981 Act like any other association.[24]
2.24 The Act remains under consideration.
Business Investigations Act 1958
2.25 The Committee wrote to the Minister for Fair Trading, the Hon. Jan Wade MP, regarding the Act.[25] The Minister advised the Committee--
The Act enables inspectors to report to the Attorney-General in relation to a business (including any trade, occupation, business or profession whether conducted individually or a partnership, but not companies) and for the Attorney-General to direct the winding up of such business or otherwise direct the disposal of the business under appropriate supervision, or convert the business to a public company under suitable supervision. The Act also includes a number of miscellaneous provisions eg: prohibition against offering interest[sic] in larger businesses to the public.
The Act has not been amended since 1982 and no regulations exist under it. While not utilised recently by the Office of Fair Trading and Business Affairs, the Act offers residual powers which should be retained. The Act could possibly be combined with another piece of legislation and modernised in terms of language. I would have no difficulties with the Subcommittee making recommendations on these matters should it wish to do so.[26]
2.26 The Act remains under consideration.
Business Names Act 1962
2.27 The Law Institute of Victoria considered that this Act required substantial reform. The Committee wrote to the Minister for Fair Trading, the Hon. Jan Wade MP, regarding this Act.[27] The Minister informed the Committee--
This Act enables the registration of business names in Victoria by the Office of Fair Trading and Business Affairs. While not providing a propriety right to business names, the Act assists business and the public by providing a register of the identity of persons who carry on business in names other than their own names. This is vital for the purposes of collection of debt by civil action. The Act also assists by lessening confusion between overly similar names. It should be noted that it forms part of a system of similar legislation in each Australian State and Territory.
The Act was amended in the Spring Sitting 1995 to expedite procedures for successful prosecutions and to facilitate earlier procedures for applications.
The Act is current, serves a worthwhile public purpose and is written, while not in Plain English, in a reasonably clear fashion. It is not considered that additional review at this time is appropriate.[28]
Carriers & Innkeepers Act 1958
2.28 A discussion of the review of this Act is included in Chapter 3 of this Report.
Children and Young Persons Act 1989
ss 3, 29(4), 100, 101, 102 107, 108, 129(3)(b), 277 and 278.
2.29 During a review of the portfolio of the Minister for Community Services, the then Minister, the Hon. Michael John MP, identified certain sections of the Act as suitable for review by the Committee.[29]
2.30 The Act is currently being considered by the Committee.
Church of England Acts (various)
2.31 The Committee sought the views of the Attorney-General, the Hon. Jan Wade MP, on the possibility of consolidating the various Acts.[30] The Attorney-General advised the Committee --
I am satisfied that there is scope for the various Church of England Acts to be consolidated into one Act. I suggest that such a consolidation is[sic] undertaken in consultation with Chief Parliamentary Counsel.[31]
2.32 The Acts remain under review.
City of Kew (Thornton Street) Act 1933
2.33 The Law Reform Commission of Victoria recommended in 1987 that this Act be repealed.[32] The Committee sought the views of the City of Boroondara council on the proposed repeal. The council opposed the repeal of the Act and informed the Committee that--
At the time [of consultation with residents of Thornton Street in 1987] all but one resident of Thornton Street signed a petitionobjecting to any proposed repeal of the Act on the grounds that repeal may result in access across the Reserve, deterioration of the Reserve with a consequent effect on Thornton Street property values. Residents were also concerned that some future Council may permit loosening of controls if the Act was not available to protect the Reserve.
2.34 The Committee also requested the advice of various Ministers, and asked the council for further information on the contemporary relevance of the Act.
2.35 The Attorney-General, the Hon. Jan Wade MP, advised in a letter to the Committee--
The City of Kew (Thornton Street) Act 1933provides for a tree reserve in Thornton Street. It may be appropriate to repeal this Act and maintain the reserve through the Crown Land (Reserves) Act 1978. Section 4 of that Act allows the Governor in Council by Order published in the Government Gazette to reserve crown lands required for public purposes. Furthermore, section 16 of the Crown Land (Reserves) Act 1978 provides for an Order in Council to be made directing that reserved land vest in a municipality on trust for the purposes for which the land has been reserved. The Committee may therefore like to refer this matter to the Minister for Conservation & Environment as it appears that the Crown Land (Reserves) Act will allow the Thornton Street reserve to be maintained without the requirement for a separate Act.[33]
2.36 The Minister for Conservation and Land Management, the Hon. Marie Tehan MP, advised--
This Act provided for the tree reserve in Thornton Street, Kew, to be of greater dimensions than was allowed under section 507(1) of the Local Government Act 1915. The management of the reserve, together with the remainder of the road, has been the responsibility of the local municipal council since that time. I understand that the council would have the power to maintain this area, regardless of its size, under the provisions of the Local Government Act 1989.[34]
2.37 The Minister also advised the Committee that the tree reserve is contained entirely within a road under municipal control. It was therefore not appropriate to manage the reserve under the Crown Land (Reserves) Act 1978.[35] 2.38 The Minister for Planning and Local Government, the Hon. Robert Maclellan MP, informed the Committee that the land should be managed by the City of Boroondara under the Local Government Act 1989.
2.39 The City of Boroondara recently advised the Committee that it was exploring options to maintain the effect of the Act, without retaining the Act on the statute book.[36]
2.40 The Act remains under review by the Committee.
Civil Aviation (Carriers Liability) 1961
2.41 The Committee wrote to the Minister for Industry Science and Technology, the Hon. Mark Birrell MLC[37], regarding this Act and was advised that he did not consider it appropriate for the Committee to review the Act. The Minister wrote--
The Acts [another Act was also considered] are not redundant or unclear and are necessary. Further to this, any State based review would not be appropriate because the Acts adopt Commonwealth legislation as part of national uniform legislative schemes.[38]
Community Services Act 1970
ss 12B and 12C
2.42 A review of the portfolio of the Minister for Community Services was conducted by the Committee. The then Minister, the Hon. Michael John MP, identified certain sections of the Act as suitable for review by the Committee.[39]
2.43 The provisions remain under consideration by the Committee.
Coal Mines Pensions Act 1958
2.44 In the course of a review of the portfolio of the Minister for Finance, the Committee sought advice on the possibility of consolidating the pension provisions of this Act with other relevant Acts.[40] The Minister, the Hon. Roger Hallam MLC wrote--
A review has just begun to ascertain the possibility of offering all recipients of pensions under this Act a lump benefit which, if proceeded with, will enable the Act to be repealed once the lump sums are paid.[41]
2.45 The Committee was asked to defer any consideration of the Act until 1996.[42]
2.46 The Committee was recently further advised by the Minister that--
A commutation option for the remaining pension recipients (approximately 75) was introduced under section 4 of the Superannuation Acts (Further Amendment) Act 1996, effective 1 January 1997. Provisions relating to pension entitlements remain in the Act and can only be repealed if and when all pension recipients take up the commutation offer and are paid out a lump sum in lieu of their pension.
In the meantime, redundant provisions relating to employment conditions for mine workers and superannuation issues relating to contributions, suspension of pensions, fines and penalties have been repealed. Also, provisions relating to the establishment and operation of the Pensions Tribunal have been repealed.[43]
Credit Act 1984
2.47 The Young Liberal Movement suggested that the Act was in need of reform. The Committee sought the advice of the Minister for Fair Trading, the Hon. Jan Wade MP, regarding the Act.[44] The Minister advised the Committee--
This Act has largely been superseded by the Consumer Credit (Victoria) Act 1995 which when proclaimed nationallywill introduce a uniform Credit Code across Australia. At the risk of oversimplification, the 1984 Act will need to remain as is in order that credit contracts entered into before the proclamation of the 1995 Act continue to be administered under the same regime under which they were made. To this end, significant amendments were made to [the Act] by Part 7 of the Consumer Credit (Victoria) Act 1995.
No additional review of the [Act] at this time is considered warranted.
The paper prepared by the Young Liberal Movement predates the Credit Code and therefore is of limited contemporary relevance. The proposals put are, however, being considered by the Office of Fair Trading and Business Affairs.[45]
Crimes Act 1958
2.48 The Committee raised with the Attorney-General, the Hon. Jan Wade MP, the possibility of a review of the Act.[46] The Attorney advised the Committee--
[T]he Model Criminal Code Officers' Committee (MCCOC), established under the auspices of the Standing Committee of Attorneys-General, is currently developing a uniform code to harmonise criminal laws across jurisdictions. This will have a significant impact upon the Crimes Act. I therefore do not intend to review that Act until the results of the working party are available.[47]
Debt Conversion Agreement Act 1931, Debt Conversion Agreement (No.2) Act 1931
2.49 The Law Institute of Victoria identified these Acts as appropriate for review. The Committee wrote to the Treasurer, the Hon. Alan Stockdale MP, who advised as follows--
The Department of Treasury and Finance is currently checking whether these Acts may be repealed with the Commonwealth Treasury. The Acts are related to the Financial Agreement and Commonwealth debt may be affected. I will write to you again when advice has been received from the Commonwealth.[48]
2.50 The Committee has requested an update from the Treasurer and is awaiting his response.[49] The Acts remain under review.
Electric Light and Power Act 1958
2.51 The Law Institute of Victoria identified the Act as one appropriate for review. The Committee wrote to the then Minister for Energy and Minerals, the Hon. Jim Plowman MP, who advised as follows--
The Department of Energy and Minerals is currently reviewing all electricity safety technical regulations and consequently this covers the Act. It is anticipated that the remaining necessary provisions will be extracted and incorporated elsewhere in [a] current statute so that the Act will no longer be required.[50]
2.52 The responsibility for the administration of the Act has now passed to the Treasurer, the Hon. Alan Stockdale MP. The Treasurer advised the Committee--
A comprehensive review and consolidation of electricity safety legislation was scheduled for the Autumn sitting of Parliament. However, due to resourcing and time constraints, the Chief Parliamentary Counsel has requested that the proposed Electricity Safety Bill (which will repeal the Electric Light and Power Act 1958) be deferred until the Spring sitting of Parliament. Accordingly, it is not appropriate to repeal this Act at this stage.[51]
Epworth Hospital Act 1980
s 9(4)
2.53 During a review of the portfolio of the Minister for Health, the then Minister, the Hon. Marie Tehan MP, identified a section of the Act as suitable for review by the Committee.[52]
2.54 The provision is being considered by the Committee.[53]
Evidence Act 1958
2.55 A discussion of the review of this Act is included in Chapter 3 of this Report.
Forests Act 1958
2.56 In the course of a review of the portfolio of the Minister for Natural Resources, the then Minister, the Hon. Geoff Coleman MP, suggested that the Act be reviewed by the Committee. The Minister advised the Committee--
It is agreed that a review of the Act is appropriate. However, such a review would take approximately two years to complete. The Forests Division with the Departmentis about to commence a scoping exercise to determine a process, including the resources needed, for carrying out such a review.[54]
2.57 The responsibility for the administration of the Act now lies with the Minister for Conservation and Land Management, the Hon. Marie Tehan MP. The Minister recently advised:
The review of the Forests Act 1958 has commenced and it is hoped to proceed with new legislation in Spring 1997.[55]
Forests Agreements Acts (various)
2.58 A review of the portfolio of the Minister for Natural Resources raised the issue of the appropriateness of legislation for forests agreements, and the possibility of a Forests Agreements Act with provisions enabling the Minister to enter such agreements. The then Minister, the Hon. Geoff Coleman MP, advised the Committee--
It is clear that the nature of such agreements, which are entered into between a company and a minister, require the security of being incorporated into legislation.
The appropriateness of legislation such as a Forests Agreement Act as an alternative to legislated agreements will be canvassed as part of the general review of the forests legislation.[56]
2.59 The responsibility for the administration of the Act now lies with the Minister for Conservation and Land Management, the Hon. Marie Tehan MP. The Committee is awaiting advice from the Minister.
2.60 The Act remains under consideration by the Committee.
Geelong Market Site 1983
2.61 The Committee was advised by the then Minister for Finance, the Hon. Ian Smith MP, that the Act appeared to be redundant.[57] However, advice from the then Minister for Local Government, the Hon. Roger Hallam MLC, indicated--
After extensive discussions involving the Office of Local Government, the Department of Finance and the Greater Geelong City Council I am now in a position to formally respond.
While current financing arrangements for the Geelong Market are in place the Act should be retained. If the Act was repealed those arrangements would not comply with the general requirements of the Local Government Act 1989 in relation to council borrowings.
It is not appropriate that the financing arrangements be changed at this time but the matter will be kept under review.[58]
2.62 The Committee has requested that it be kept informed of the progress of the review.[59]
Girl Guides Association Act 1952
2.63 The Girl Guides Association Act 1952, like the Boy Scouts Association Act 1932, provides for the incorporation of the organisation. The Acts remain relevant, but are drafted in an outdated style. The comments of the then Minister for Finance, the Hon. Ian Smith MP, and the Minister for Fair Trading, the Hon. Jan Wade MP, in relation to these Acts may be seen above in the section of this Report relating to the Boy Scouts Association Act 1932.
2.64 The Committee wrote to Guides Victoria requesting information on reviews undertaken by branches of the association in other States.[60] Guides Victoria advised the Committee that no other State government had asked the association to review its incorporating Act. The association again expressed its desire to continue to be incorporated under an Act of Parliament. The association agreed that the Act could be updated in accordance with modern drafting practices.[61]
Health Services Act 1988
s 155
2.65 In the course of a review of the portfolio of the Minister for Health, the then Minister, the Hon. Marie Tehan MP, identified a section of the Act as suitable for review by the Committee.[62]
2.66 The provision is being considered by the Committee.
Instruments Act 1958
2.67 The Committee received a submission from Mr Walter Spratt of Deloitte Touche Tohmatsu to the effect that the Act is generally outdated and may be appropriate for review. The Committee sought advice from the Attorney-General[63], the Hon. Jan Wade MP, who advised--
I anticipate that the [Act] will be subject to amendment in both the 1997 Autumn and Spring Sessions of Parliament. I have no objection to the Committee reviewing the Act but it may be better to wait until the end of the year before commencing the review.[64]
2.68 The Attorney-General also suggested that the Committee seek comments from the Minister for Conservation and Land Management, the Hon. Marie Tehan MP, as the Act is administered jointly by the two Ministers.[65]
2.69 The Act remains under review by the Committee.
Hire-Purchase Act 1959
2.70 A discussion of the review of this Act is included in the Chapter 3 of this Report.
Intellectually Disabled Persons Services Act 1986
s 50k
2.71 During a review of the portfolio of the Minister for Community Services, the then Minister, the Hon. Michael John MP, identified this section of the Act as suitable for review by the Committee.[66]
2.72 The Committee is considering the provision.
King Street Bridge Act 1957
2.73 Upon inquiry, the Committee was informed by the then Minister for Roads and Ports, the Hon. Bill Baxter, that the Act contains a number of provisions of continuing relevance. The Minister wrote--
Because of the continuing nature of the Act, it should not be repealed at this stage. I note the suggestion that necessary provisions could be included in another Act. The Transport Act is the logical vehicle for that inclusion and, as that Act is presently being reviewed, I will instruct the persons undertaking that task to include this matter in the review.[67]
2.74 The current Minister for Roads and Ports, the Hon. Geoff Craige, MP advised the Committee--
I am satisfied that the only provision of the 1957 Act that needs to be preserved is the provision in section 6 which protects the State, VicRoads and municipal councils from liability for obstructing the river in the course of carrying out maintenance work on the bridge.
There is a very similar provision in clauses 26(1) and (2) of Schedule 5 to the Transport Act 1983 which relates to the West Gate Bridge and it would be a simple matter to include a reference to the King Street Bridge in that provision. The 1957 Act could then be repealed.[68]
2.75 The Minister sought the views of the Chief Parliamentary Counsel who advised that the repeal of the Act and the consequential amendment of the Transport Act 1983 could be included in the Department's next proposal to amend that Act and, accordingly, the matter should be handled by the Department.[69]
2.76 The Committee notes that the Transport Acts (Amendment) Bill, which is currently before Parliament, provides in clauses 35 and 36 for the repeal of the Act.[70]
Land Act 1958
2.77 A discussion of the review of this Act is included in Chapter 3 of this Report.
Landlord and Tenant Act 1958
2.78 The Law Institute of Victoria recommended that this Act be reviewed. The Committee wrote to the Minister for Fair Trading, the Hon. Jan Wade MP, regarding this Act.[71] The Minister advised--
The Act relates to certain matters not covered in the more recent Residential Tenancies Act 1980. There is no doubt that the language of the Act is complex and outdated. At present a significant review is being conducted to consolidate the Residential Tenancies Act 1980, the Rooming Houses Act 1990, and the Caravan Parks and Movable Dwellings Act 1988. Some of the proposals in relation to this reviewwill involve amendment to the Landlord and Tenant Act 1958 eg. in relation to "protected tenancies"
It is intended that the current consolidation is Part 1 of the tenancies review, and that Acts such as the Landlord and Tenant Act 1958 and the Retirement Villages Act 1986 could be considered as a separate part of this Review.
I would, however, have no objections should the sub-committee wish to review and make recommendations in relation to the Landlord and Tenant Act 1958.[72]
2.79 The Act remains under consideration by the Committee.
Local Authorities Superannuation Act 1988
2.80 The Committee wrote to the Minister for Finance seeking advice on the possibility of consolidating this Act with other superannuation Acts.[73] The Hon. Roger Hallam MLC informed the Committee--
The provisions in this Act relate to employees within the local authorities sector only. This is in accordance with the Government's program to have "industry" funds to cater for specific public sector activity.[74]
2.81 The Minister advised the Committee that no action was required in relation to this Act.[75]
Lord Mayor's Fund Act 1930
2.82 The Law Institute of Victoria wrote to the Committee suggesting that the Act was suitable for repeal, or required redrafting to update the language. The Committee consulted the then Minister for Health[76], the Hon. Marie Tehan MP who advised--
There is no doubt that the style and language of the Lord Mayor's Fund Act is anachronistic and I would agree that the Act is in need of review especially as I am informed that some of the bodies entitled to nominate to the council may now be defunct.
However, the Act is a Local and Personal Act rather than a Public Act and, in the context of the very heavy legislative program of the Health and Community Services portfolio, any review by the Department of Health and Community Servicesmust have a very low priority.
I would, therefore, have no objection to the Act being reviewed by the Subcommittee.[77]
2.83 The Committee then wrote to Mr Kevin Gosper, Chief Commissioner with the City Melbourne, who informed the Committee--
I advise that a draft of a Bill to replace the 1930 Act was forwarded to the Attorney-General on 17 February 1995. This Bill was drafted by the Council of the Lord Mayor's Fund and has its unanimous approval. The 1987 Bill has been used as a starting point, but a number of changes have been introduced to reflect changes in circumstances which have taken place over the past eight years.
The Council of the Lord Mayor's Fund hopes that the proposed new Bill will be introduced into and dealt with by Parliament as soon as practicable, as it believes that the new structures and procedures would greatly improve the efficiency of the Fund.
2.84 The Committee met with representatives of the Lord Mayor's Fund Council and examined the draft "Lord Mayors Charitable Fund Act 1995" prepared by the Fund. The Lord Mayor's Community Fund Act was passed by Parliament in October 1996.
Marine Act 1988
2.85 The Committee sought advice from the Minister for Finance on the possibility of consolidating this Act with other superannuation Acts.[78] The Hon. Roger Hallam MLC informed the Committee--
The Minister for Finance is responsible for Division 2 of Part 11 of this Act. As the superannuation funds covered by these provisions are no longer operating, these provisions can be repealed.[79]
2.86 The Minister recently confirmed that Division 2 of Part 11 was repealed under section 134(6) of the Superannuation Acts (Amendment) Act 1996, effective 18 June 1996.[80]
Melbourne and Metropolitan Board of Works Act 1958
2.87 The Committee considered that it may be possible to consolidate the provisions of this Act dealing with superannuation with other superannuation Acts.[81] The Minister for Finance, the Hon. Roger Hallam MLC, advised the Committee--
It is intended that this Fund becomes a regulated fund under Commonwealth control as from 1 July 1996. The provisions in the above Act relating to superannuation will be repealed when this occurs.[82]
2.88 The Minister recently informed the Committee that the provisions of the Act relating to superannuation were repealed under sections 61 and 63 of the Superannuation Acts (Amendment) Act 1996, effective 30 June 1996 and 1 May 1996 respectively.[83]
Melbourne Orphan Asylum Sale Act 1875
2.89 The Act was recommended for repeal after a review of obsolete legislation in 1987 by the Law Reform Commission.[84] The Act was introduced to enable the Melbourne Orphan Asylum Corporation ("Corporation") to sell certain land at Emerald Hill despite the fact that the land had been given to the Corporation by the Crown for use as an asylum for orphaned children. The Committee wrote to the then Minister for Community Services, the Hon. Michael John MP, seeking his views on the Act.[85] The Minister advised the Committee--
The advice given to me is that when Melbourne Family Action [successor in title to the Corporation] was approached as a result of the earlier proposal of the Law Reform Commission to repeal the Melbourne Orphan Asylum Sale Act, the view taken by that body was [that] the legislation needed to be retained because of its provisions governing the investment of funds derived from the Emerald Hill grant.[86]
2.90 The Minister told the Committee that section 9 was one of the key provisions of the Act as it allowed the Corporation to trade in land. The Minister continued--
The main concern of Melbourne Family Action was that if the Act was repealed without the enactment of a transitional provision relating to its Emerald Hill land investments, a doubt would then be created as to whether or not the conditions upon which the assets were originally conferred upon the Melbourne Orphan Asylum would attach.[87]
2.91 Melbourne Family Action was succeeded by Children Australia Inc ("Ozchild"). After consultation with the new organisation, the Minister informed the Committee that Ozchild considered that the Act could be repealed.[88]
2.92 The Committee then sought the opinion of the Chief Parliamentary Counsel who advised--
Sections 3, 5, 6, 8 and 10
I note that Ozchild instructed its solicitorsthat the land to which the Act applies has now been sold and that, on the basis of this information, its solicitors advised that ss. 3, 5, 6, 8 and 10 of the Act are redundant and ought to be repealed. I agree that if all the land has been sold, then ss. 3, 5, 6, 8 and 10 have no continuing application and are indeed redundant. We would, however, need to satisfy ourselves that this is the case and any instructions to repeal the Act would need to be accompanied by title searches verifying the sale of the land.
If it is proposed to repeal the Act, we will require further information relating to the chain of succession from the Melbourne Family Care Organisationto the current incorporated association, Ozchild.
Section 9
The information provided by Ozchild and its solicitors suggests that Ozchild continues to hold on trust money from the proceeds of the sale of the land or money derived from the sale of any investment of such proceeds in accordance with s. 9 of the Act (as substituted by s.3 of the Melbourne Family Care Organisation Act 1973). That section provides that all moneys invested under the provisions of the Act must be invested in any manner in which trust money may be invested under the Trustee Act 1958 or any other Act, or in the purchase or acquisition or improvement of freehold land in Victoria. The Act further provides that the proceeds of sale of any land or any money derived from the sale of any investment of those proceeds must not be invested except in a manner approved by the Governor in Council.
Ozchild's solicitors noted in their advice that Ozchild is bound to invest money in respect of the proceeds of the sale from the land in accordance with the objects and purposes stated in its rules and that a statutory restriction on investment is therefore unnecessary. A copy of the rules was not enclosed for our information. It seems, however, that whether any money invested under the Act should continue to be invested in accordance with the restrictions set out in the Act or in accordance with the rules of Ozchild is a policy matter which will need to be determined by the Minister for Youth and Community Services.
Further, I note that if s. 9 of the Act is repealed, it seems that the last evidence of a trust in respect of the proceeds of the sale of the land will be removed. Section 9 provides statutory recognition of a link between the investment of that trust money and the original trust created by the lost Deed Poll dated 12 January 1872 granting the land described in Schedules A and B to the trustees under that Deed. Despite the provisions of the Act and the amending Act enabling the trustees to dispose of the land, there appears to be a continued understanding that proceeds from the sale of the land and money derived from the sale of any investment of such proceeds be held in trust and invested in accordance with s. 9 of the Act. Whether there is such an understanding (as a result of either an express or constructive trust) is unclear from any of the correspondence provided. It may be that the terms of any such trust will need to be varied and, to this end, a repealing Act may need to re-state the terms of the trust, in particular the powers of investment of money from the sale of the land or the sale of related investments.
Transitional provision
Section 10 provides that a receipt issued by the Melbourne Orphan Asylum Corporation is a discharge to the recipient of the receipt to the extent of the amount expressed in the receipt. It also provides that the recipient of the receipt is not accountable for the loss, non-application or misapplication of the money to which the receipt relates. If it is proposed to repeal the Act, it may be necessary to consider whether there are any existing circumstances that require the operation of this relief from liability to be saved despite the repeal of the Act.[89]
2.93 The Committee has written to the Minister for his advice on the issues raised by the Chief Parliamentary Counsel.[90] The Act remains under review.
Port of Geelong Authority Act 1958
2.94 The Committee considered the possibility of consolidating the provisions of this Act dealing with superannuation with other superannuation Acts, and sought advice from the Minister for Finance.[91] The Hon. Roger Hallam MLC wrote to the Committee--
The Port of Geelong Authority Superannuation Fund has already become regulated. The provisions in this Act relating to superannuation can be repealed.[92]
2.95 The Minister advised further that--
The transfer of the Port of Geelong Authority Superannuation Fund to Commonwealth control was rescinded and the fund is currently being wound up. When this has occurred, due in 1997, the provisions in this Act relating to superannuation can be repealed.[93]
2.96 The Committee notes advice from Treasury that the superannuation fund under this Act was wound up by a resolution of the directors of the fund, operative from 30 June 1997.[94]
2.97 Clause 10 of the Port Services (Amendment) Act 1997, recently passed by Parliament, provides for the repeal of the Port of Geelong Authority Act 1958.
Port of Melbourne Authority Act 1958
2.98 The Committee also wrote to the Minister for Finance on the possibility of consolidating the provisions in this Act dealing with superannuation with other superannuation Acts.[95] The Minister, the Hon. Roger Hallam MLC, informed the Committee--
The intention is to make the Port of Melbourne Authority Superannuation Scheme an administrative scheme under the control of the Victorian Superannuation Board. A decision will be made in 1996.[96]
2.99 However, the Minister later indicated that--
The intention is for the Port of Melbourne Authority Superannuation Fund to be transferred to Commonwealth control on 1 July 1997. Should this receive Cabinet approval, provisions relating to superannuation in this Act are to be repealed, to be effective from 30 June 1997.[97]
2.100 Clause 10 of the Port Services (Amendment) Act 1997, referred to in paragraph 2.97 above, also provides for the repeal of the Port of Melbourne Authority Act 1958.
Public Sector Superannuation (Administration) Act 1993
2.101 The Committee suggested to the Minister for Finance that this Act may also be suitable for consolidation with other superannuation Acts.[98] The Minister, the Hon. Roger Hallam MLC, explained--
Parts 6 to 14, which contain legislation to amend certain provisions in 9 other Acts relating to superannuation, were repealed as from 15 June 1994. Parts 1 to 5 contain the provisions for setting up of the new accumulation scheme (VicSuper) for employees within Government Departments and the transfer of administration of Public Sector Superannuation Schemes to the Victorian Superannuation Board. The provisions in the State Superannuation Act 1988 cater for employees within Government Departments who are members of the now closed defined benefit schemes (revised and new).[99]
2.102 The Minister advised the Committee that no action was required in relation to this Act.[100]
River Entrance Docks Railway Construction Act 1970
2.103 The Act was identified as possibly being spent. The then Minister for Public Transport, the Hon. Alan Brown MP, advised the Committee--
I understand that the relevant property dealings for the Webb Dock railway line have not been finalised. There are still some outstanding land claim issues and therefore not all of the land has been vested in the Public Transport Corporation. This Act is therefore still required.[101]
Sale of Land Act 1962
2.104 A discussion of the review of this Act appears in Chapter 3 of this Report.
Sale (Land Development) Act 1984
2.105 A review of the portfolio of the Minister for Public Transport identified the Act as possibly being spent.[102] The Act required the City of Sale to transfer certain lands to the State Transport Authority and made provision for the development of land in and around the former station site. The then Minister, the Hon. Alan Brown MP, advised the Committee--
It appears that [the Act is] not required. Records show that all the property transfers have taken place.[103]
Recommendation 1
2.106 The Committee recommends that the Sale (Land Development) Act 1984 be repealed.
Sale Station Relocation and Development Act 1981
2.107 This Act also appeared to be spent.[104] The then Minister for Public Transport, the Hon. Alan Brown MP, confirmed that all property transfers had taken place, and that the Act was no longer required.[105]
Recommendation 2
2.108 The Committee recommends that the Sale Station Relocation and Development Act 1981 be repealed.[106]
Seamen's Act 1958
2.109 During a review of the portfolio of the then Minister for Police and Emergency Services, the Hon. Pat McNamara MP identified the Act as being suitable for review by the Committee.[107]
2.110 The Act is being considered by the Committee.
Settled Land Act 1958
2.111 A discussion of the review of this Act appears in Chapter 3 of this Report.
Snowy Mountains Engineering Corporation (Victoria) Act 1971
2.112 The Committee wrote to the then Minister for Natural Resources, the Hon. Geoff Coleman MP, suggesting that the Act was suitable for repeal.[108]
2.113 The Minister for Agriculture and Resources, the Hon. Pat McNamara MP, is now responsible for the administration of the Act. The Minister advised the Committee--
The above Act related to the performance of work within Victoria by the Snowy Mountains Engineering Corporation (SMEC) when SMEC was a Commonwealth statutory authority. SMEC is no longer a Commonwealth statutory authority having been privatised during the 1980's, and is now operating as a private consulting company.
[T]he on-going need for provisions of the Act have[sic] been examined and I can now confirm that the legislation is redundant.[109]
Recommendation 3
2.114 The Committee recommends that the Snowy Mountains Engineering Corporation (Victoria) Act 1971 be repealed.[110]
South Australian and Victorian Border Railway Act 1930
2.115 The possibility of consolidation was raised in relation to this Act. The then Minister for Public Transport, the Hon. Alan Brown MP, advised the Committee--
The [Act is] still required. However, as the Committee noted, there is the possibility that one or both [referring also to the Border Railways Act 1922] of these Acts could be repealed at a future date. As further amendments are made to the Transport Act 1983 that option may become viable. The Committee will be advised of any proposed changes that may affect the need to retain the legislation on border railways.[111]
2.116 The Committee recently sought an update on this Act from the current Minister for Transport[112], the Hon. Robin Cooper, MP, who advised--
Both these Acts are listed in the Victorian Government's National Competition Policy Timetable for Review of Legislative Restrictions on Competition (published in June 1996) for review by the end of December 1997. The Department of Infrastructure National Competition Policy Legislative Review Steering Committee is currently considering the Border Railways Act 1922 and the South Australian and Victorian Border Railways Act 1930. The Committee will report to me on its deliberations at the conclusion of the reviews. As part of the reviews, the Committee is undertaking a detailed consideration of whether the Acts are in effect redundant.
I expect that if, as a result of the outcome of the Competition Policy Reviews, it is found that the Acts are redundant, the Government will proceed to introduce legislation into Parliament to repeal the Acts.[113]
2.117 The Committee notes that the Transport Acts (Amendment) Bill, which is currently before Parliament, provides in clause 34 for the repeal of the Act.[114]
Stamps Act 1958
2.118 The Law Institute of Victoria identified the Act as one appropriate for review. Upon inquiry, the Treasurer, the Hon. Alan Stockdale, informed the Committee that the Act was being re-drafted.[115]
2.119 The Committee has requested an update from the Treasurer, and is awaiting his response.[116] The Act remains under review.
State Employees Retirement Benefits Act 1979
2.120 The Committee raised the possibility of consolidating this Act with other superannuation Acts.[117] The Minister for Finance, the Hon. Roger Hallam MLC, told the Committee that a merger of the funds created under the Act and those governed by the Transport Superannuation Act 1988 was being considered.[118]
2.121 The Treasurer recently advised the Committee that the fund established by the Act had been merged into the State Superannuation Fund under section 109 of the Superannuation Acts (Amendment) Act 1996. However--
[A]s the provisions in these two Acts [another Act was also referred to] continue to be "active", ie they are to reflect any changes that may occur through State or Commonwealth legislation, they will not be repealed.[119]
Superannuation (Portability) Act 1989
2.122 Consolidation was also considered to be an option for this Act.[120] The Minister for Finance, the Hon. Roger Hallam MLC, wrote to the Committee--
This Act operates to provide members of all statutory schemes with the right to the choice of a resignation benefit or a deferred retirement benefit when they change employment to another industry sector within the public sector or with bodies that have been corporatised or privatised through Government policy. As it covers most of the defined benefit schemes, to consolidate it would require it to be duplicated in every Act that relates to a statutory scheme.[121]
2.123 The Minister recommended that no action be taken in relation to this Act.[122]
Superannuation (Public Sector) Act 1992
2.124 This Act was identified as being suitable for consolidation with other superannuation Acts.[123] The Hon. Roger Hallam MLC, Minister for Finance, informed the Committee that he administers Part 3 of the Act which includes provisions to amend certain provisions in other Acts. He advised the Committee that as these amendments had taken place, Part 3 of the Act would be repealed.[124]
2.125 The Minister recently advised that Part 3 of the Act had been repealed by section 119(4) of the Superannuation Acts (Amendment) Act 1996, effective from 30 June 1996.[125]
Supreme Court Act 1986
2.126 The Committee received a submission from Professor J.L.R. Davis outlining certain matters in the Act which he considered could be reviewed under the Committee's reference. However, the Attorney-General, the Hon. Jan Wade MP, advised the Committee that the Act was being reviewed by her Department and that it was therefore not appropriate for the Committee to review the Act at this stage.[126]
Survey Co-ordination Act 1958
2.127 The Committee sought the advice of the Minister for Finance on the possibility of consolidating this Act with the Survey Act 1958.[127] The Minister, the Hon. Roger Hallam MLC, wrote--
It is intended that these two Acts be reviewed and consolidated in the near future as part of the legislative review emerging from the National Competition Principles Agreement of the Council of Australian Governments.[128]
2.128 The Minister more recently advised--
As a consequence of machinery of Government changes which occurred after the 1996 State election, Land Management and Resource Information groups have been consolidated in the Department of Natural Resources and Environment.There is currently a review taking place of both the organisational businesses and the legislation which governs these businesses. This review is being undertaken by the Minister for Conservation and Land Management and any queries regarding either the review or consolidation of these Acts should be referred to that Minister.[129]
2.129 The Act remains under review by the Committee.
Survey Act 1958
2.130 As outlined in the preceding paragraph of this Report, the Committee sought the advice of the Minister for Finance on the possibility of consolidating this Act with the Survey Co-ordination Act 1958.[130] The Hon. Roger Hallam MLC advised the Committee that both Acts were being reviewed by the National Competition Principles Agreement of the Council of Australian Governments with a view to consolidating the two Acts.[131]
2.131 More recently, the Minister advised that the Acts were now essentially under the administration of the Department of Natural Resources and Environment, and that queries in relation to review of the legislation must be addressed to that Department.[132]
2.132 The Act is still being reviewed by the Committee.
Temperance Halls Act 1958
2.133 A discussion of the review of this Act appears in Chapter 3 of this Report.
Transport Superannuation Act 1988
2.134 The Committee consulted the Minister for Finance on the possibility of consolidating this Act with other superannuation Acts.[133] The Hon. Roger Hallam MLC indicated that a merger of the funds created under the Act and those created under the Transport Superannuation Act 1988 was being considered.[134]
2.135 The Minister recently advised the Committee that the fund established by the Act had been merged into the State Superannuation Fund under section 109 of the Superannuation Acts (Amendment) Act 1996. However--
[A]s the provisions in these two Acts [another Act was also referred to] continue to be "active", ie they are to reflect any changes that may occur through State or Commonwealth legislation, they will not be repealed.[135]
Unlawful Assemblies and Processions Act 1958
2.136 A discussion of the review of this Act is included in Chapter 3 of this Report.
Vagrancy Act 1966
2.137 The Law Institute of Victoria suggested that this Act was in need of substantial reform. The Committee wrote to the Attorney-General, the Hon. Jan Wade MP, and was advised that she welcomed a review of the Act by the Committee.[136]
2.138 The Act is being considered by the Committee.
Very Fast Train (Route) Act 1989
2.139 The Committee identified this Act as one that may be spent. The then Minister for Public Transport, the Hon. Alan Brown MP, advised the Committee that--
The [Act] should remain as there is a reasonable possibility that its provisions could need to be utilised to support a high speed train development. A proposal for a high speed link between Sydney and Canberra is under investigation and therefore it is appropriate that this Act should continue for the time being.[137]
Wattle Park Land Act 1991
2.140 This Act was also regarded as possibly being spent. The Hon. Alan Brown MP, then Minister for Public Transport, informed the Committee--
The [Act] also appears to be still required. The duplicate certificates of title held by the Titles Office do not show that the necessary transfers of title have yet taken place.[138]
The Committee recommends the following Acts for Repeal
Sale (Land Development) Act 1984
Sale Station Relocation and Development Act 1981
Snowy Mountains Engineering Corporation (Victoria) Act 1971 [139]
| Footnotes | |
| 1 | Letters from Committee dated 1 December 1994, and 23 December 1996. |
| 2 | Letter from Attorney-General dated 19 February 1997. |
| 3 | Advice from Minister provided at a meeting with Committee on 2 October 1995. |
| 4 | Letter from Committee dated 14 December 1994. |
| 5 | Letter from Attorney-General dated 21 February 1996. |
| 6 | Letter from Committee dated 18 July 1996. |
| 7 | Letter from Attorney-General dated 10 December 1996. |
| 8 | Ibid. |
| 9 | Ibid. |
| 10 | Letter from Attorney-General dated 21 February 1996. |
| 11 | Letter from Committee dated 18 July 1996. |
| 12 | Letter from Minister for Industry, Science & Technology dated 2 October 1996. |
| 13 | Letter from Minister for Sport, Recreation & Racing dated 18 July 1994. |
| 14 | Letter from Treasurer dated 8 July 1994. |
| 15 | Letter from Department of Treasury dated 3 October 1994. |
| 16 | Letters from Baker & McKenzie dated 10 January 1997, and Browne & Co dated 29 May 1997. |
| 17 | Letter from Committee dated 23 December 1996. |
| 18 | The Bill will probably have been passed by the time this Report is printed and tabled. However, at the time the Committee approved the Report, the Bill was to be further debated in the legislative Assembly. |
| 19 | Advice provided at a meeting with Committee on 23 August 1995. |
| 20 | Letter from Minister for Public Transport dated 27 February 1996. |
| 21 | Letter from Committee dated 22 January 1997. |
| 22 | Letter from Minister for Transport dated 7 May 1997. The Committee notes that the Rail Corporations (Amendment) Bill, currently before Parliament, makes minor amendments to the Act. Clause 39 of the Bill inserts a new definition of "Authority" into the Act, and provides that Victorian Rail Track becomes the successor in law of the Public Transport Corporation on the commencement of clause 39. It is likely that the Bill will have been passed by the time this Report is printed and tabled. However, at the time the Committee approved the Report, the Bill had yet to be debated in the Legislative Council. |
| 23 | Letter from Minister for Finance dated 23 March 1995. |
| 24 | Letter from Minister for Fair Trading dated 7 February 1996. The Committee notes that the original proposal was for the Boy Scouts (and Girl Guides) to be incorporated under the Associations Incorporation Act 1981, and not that the provisions of the Boy Scouts Act (and Girl Guides Act) be included in the Associations Incorporation Act 1981. |
| 25 | Letter from Committee dated 14 December 1994. |
| 26 | Letter from Minister for Fair Trading dated 28 February 1996. |
| 27 | Letter from Committee dated 1 December 1994. |
| 28 | Letter from Minister for Fair Trading dated 28 February 1996. |
| 29 | Advice from Minister provided at a meeting with Committee on 2 October 1995. |
| 30 | Letter from Committee dated 14 December 1994. |
| 31 | Letter from Attorney-General dated 21 February 1996. |
| 32 | Law Reform Commission of Victoria, Report No.10, Obsolete Legislation, August, 1987. |
| 33 | Letter from Attorney-General dated 21 February 1996. |
| 34 | Letter from Minister for Conservation & Land Management dated 15 August 1996. |
| 35 | Letter from Minister for Conservation & Land Management dated 15 August 1996. |
| 36 | Letter from Boroondara Council dated 29 January 1997. |
| 37 | Letter from Committee dated 18 July 1996. |
| 38 | Letter from Minister for Industry, Science & Technology dated 2 October 1996. |
| 39 | Advice from Minister provided at a meeting with Committee on 2 October 1995. |
| 40 | Letter from Committee dated 15 November 1995. |
| 41 | Letter from Minister for Finance dated 20 December 1995. |
| 42 | Ibid. |
| 43 | Letter from Minister for Finance dated 6 February 1997. |
| 44 | Letter from Committee dated 4 July 1994. |
| 45 | Letter from Minister for Fair Trading dated 28 February 1996. |
| 46 | Letter from Committee dated 7 July 1994. |
| 47 | Letter from Attorney-General dated 21 February 1996. |
| 48 | Letter from Treasurer dated 19 September 1996. |
| 49 | Letter from Committee dated 23 December 1996. |
| 50 | Letter from Minister for Energy and Minerals dated 27 January 1995. |
| 51 | Letter from Treasurer dated 15 April 1997. |
| 52 | Advice provided by a representative of the Minister for Health at a meeting with the Committee on 2 October 1995. |
| 53 | The Committee notes that the Epworth Hospital (Amendment) Bill, currently before Parliament, makes substantial amendments to the Act. The Bill creates the Epworth Foundation as successor to the Epworth Hospital, and makes provision for the establishment of a subsidiary corporation to be known as the Epworth Hospital to carry on the delivery of health services at the Erin Street, Richmond site. The Bill will probably have been passed by the time this Report is printed and tabled. However, at the time the Committee approved the Report, debate on the Bill was due to be resumed in the Legislative Assembly. |
| 54 | Letter from Minister for Natural Resources dated 4 January 1996. |
| 55 | Letter from Minister for Conservation & Land Management dated 22 January 1997. |
| 56 | Letter from Minister for Natural Resources dated 4 January 1996. |
| 57 | Letter from Minister for Finance dated 1 June 1994. |
| 58 | Letter from Minister for Local Government dated 1 March 1995. |
| 59 | Letter from Committee dated 14 March 1995. |
| 60 | Letter from Committee dated 26 September 1996. |
| 61 | Letter from Guides Victoria dated 12 December 1996. |
| 62 | Advice provided by a representative of the Minister for Health at a meeting with the Committee on 2 October 1995. |
| 63 | Letter from Committee dated 7 July 1994. |
| 64 | Letter from Attorney-General dated 19 February 1997. |
| 65 | Ibid. |
| 66 | Advice from Minister provided at a meeting with Committee on 2 October 1995. |
| 67 | Letter from Minister for Roads and Ports dated 23 January 1995. |
| 68 | Letter from Minister for Roads and Ports dated 11 February 1997. |
| 69 | Letter from Parliamentary Counsel Victoria dated 4 February 1997. |
| 70 | The Bill will probably have been passed by the time this Report is printed and tabled. However, at the time the Committee approved the Report, the Bill had been returned to the Legislative Assembly for consideration of amendments made by the Legislative Council. |
| 71 | Letter from Committee dated 1 December 1994. |
| 72 | Letter from Minister for Fair Trading dated 28 February 1996. |
| 73 | Letter from Committee dated 15 November 1995. |
| 74 | Letter from Minister for Finance dated 20 December 1995. |
| 75 | Ibid. |
| 76 | Letter from Committee dated 1 December 1994. |
| 77 | Letter from Minister for Health dated 7 February 1997. |
| 78 | Letter from Committee dated 15 November 1995. |
| 79 | Letter from Minister for Finance dated 20 December 1995. |
| 80 | Letter from Minister for Finance dated 6 February 1997. |
| 81 | Letter from Committee dated 15 November 1995. |
| 82 | Letter from Minister for Finance dated 20 December 1995. |
| 83 | Letter from Minister for Finance dated 6 February 1997. |
| 84 | Law Reform Commission of Victoria, Report No. 10, Obsolete Legislation, August, 1987. |
| 85 | Letter from Committee dated 14 July 1994. |
| 86 | Letter from Minister for Community Services dated 17 August 1994., |
| 87 | Ibid. |
| 88 | Letter from Minister for Community Services dated 9 January 1996. |
| 89 | Letter from Parliamentary Counsel Victoria dated 27 January 1997. |
| 90 | Letter from Committee dated 3 October 1997. |
| 91 | Letter from Committee dated 15 November 1995. |
| 92 | Letter from Minister for Finance dated 20 December 1995. |
| 93 | Letter from Minister for Finance dated 6 February 1997. |
| 94 | Telephone advice from Mr Graham Glass, of the Superannuation Policy Group, Treasury, on 6 October 1997. |
| 95 | Letter from Committee dated 15 November 1995. |
| 96 | Letter from Minister for Finance dated 20 December 1995. |
| 97 | Letter from Minister for Finance dated 6 February 1997. |
| 98 | Letter from Committee dated 15 November 1995. |
| 99 | Letter from Minister for Finance dated 20 December 1995. |
| 100 | Ibid. |
| 101 | Letter from Minister for Public Transport dated 27 February 1996. |
| 102 | Advice provided by a representative of the Department at a meeting with the Committee on 23 August 1995. |
| [103 | Letter from Minister for Public Transport dated 27 February 1996. |
| 104 | Advice provided by a representative of the Department at a meeting with the Committee on 23 August 1995. |
| 105 | Letter from Minister for Public Transport dated 27 February 1996. |
| 106 | The Committee recently received advice from the Chief Parliamentary Counsel, dated 11 November 1997, that, while most of the provisions of the Act may be repealed, it is not certain that the Act may be repealed in its entirety without certain corresponding provisions being inserted in the Transport Act 1983 or another appropriate Act. |
| 107 | Letter from Minister for Police and Emergency Services dated 13 September 1995. |
| 108 | Letter from Committee dated 23 August 1995. |
| 109 | Letter from Minister for Agriculture & Natural Resources dated 4 February 1997. |
| 110 | The Committee notes that the Snowy Hydro-Corporation Bill, which is currently before Parliament, provides in clause 27 for the repeal of the Act. The Bill will probably have been passed by the time this Report is printed and tabled. However, at the time the Committee approved the Report, debate on the Bill was due to be resumed in the Legislative Assembly. |
| 111 | Letter from Minister for Public Transport dated 27 February 1996. |
| 112 | Letter from Committee dated 22 January 1997. |
| 113 | Letter from Minister for Public Transport dated 7 May 1997. |
| 114 | The Bill will probably have been passed by the time this Report is printed and tabled. However, at the time the Committee approved the Report, the Bill had been returned to the Legislative Assembly for consideration of amendments made by the Legislative Council. |
| 115 | Letter from Treasurer dated 19 September 1995. |
| 116 | Letter from Committee dated 23 December 1996. |
| 117 | Letter from Committee dated 15 November 1995. |
| 118 | Letter from Minister for Finance dated 20 December 1995. |
| 119 | Letter from Minister for Finance dated 6 February 1997. |
| 120 | Letter from Committee dated 15 November 1995. |
| 121 | Letter from Minister for Finance dated 20 December 1995. |
| 122 | Ibid. |
| 123 | Letter from Committee dated 15 November 1995. |
| 124 | Letter from Minister for Finance dated 20 December 1995. |
| 125 | Letter from Minister for Finance dated 6 February 1997. |
| 126 | Letter from Attorney-General dated 19 February 1997. |
| 127 | Letter from Committee dated 15 November 1995. |
| 128 | Letter from Minister for Finance dated 20 December 1995. |
| 129 | Letter from Minister for Finance dated 6 February 1997. |
| 130 | Letter from Committee dated 15 November 1995. |
| 131 | Letter from Minister for Finance dated 20 December 1995. |
| 132 | Letter from Minister for Finance dated 6 February 1997. |
| 133 | Letter from Committee dated 15 November 1995. |
| 134 | Letter from Minister for Finance dated 20 December 1995. |
| 135 | Letter from Minister for Finance dated 6 February 1997. |
| 136 | Letter from Attorney-General dated 19 February 1997. |
| 137 | Letter from Minister for Public Transport dated 27 February 1996. |
| 138 | Letter from Minister for Public Transport dated 27 February 1996. |
| 139 | Note that the Recommendation for the repeal of this Act is qualified. See footnote 107 above. |
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