Statute Law Revision Bill 2011

Introduction Print

EXPLANATORY MEMORANDUM

General

The purpose of this Bill is to revise the statute law of Victoria. The Bill makes minor amendments to a number of Acts to correct grammatical and typographical errors, to update references and for other similar purposes. The Bill also repeals spent provisions of Acts. The Bill will also repeal a number of spent or redundant Acts.

Clause Notes

Clause 1 sets out the purpose of the Bill.

Clause 2 sets out the commencement of the Bill. Subclause (1) provides that, subject to subclause (2), the Act comes into operation on the day after the day on which it receives the Royal Assent. Subclause (2) provides for a number of items in Schedule 1 to be given retrospective commencement. The reason for the retrospective commencement of an item is set out in the note on that item in the notes on Schedule 1 below.

Clause 3 provides for the Acts listed in Schedule 1 to be amended as set out in that Schedule.

Clause 4 provides for the Acts listed in Schedule 2 to be repealed.

Clause 5 provides for the automatic repeal of this Act on the first anniversary of the day on which it receives the Royal Assent. Once the repeals and amendments made by this Act have taken effect, this Act will be spent.

571004 BILL LC INTRODUCTION 4/2/20111

SCHEDULE 1—AMENDMENT OF ACTS

Item 1 Aboriginal Heritage Act 2006

This item repeals sections 195, 197, 198 and Schedule 2. Sections 195, 197 and 198 and Schedule 2 contain provisions repealing and amending other Acts. Sections 195, 197, 198 and Schedule 2 have commenced operation and are spent.

Item 2 Accident Compensation Act 1985

Item 2.1 amends the definition of heart attack injury in section 5(1) to insert a missing conjunction "or" at the end of paragraph (n).

Item 2.2 corrects typographical errors in the Table in section 100B.

Item 2.3 corrects a typographical error in the Table in section 100C.

Item 2.4 corrects a grammatical error in section 195(4).

Item 2.5 inserts a missing end bracket into section 250AA(6).

Item 2.6 substitutes an incorrect reference in section 367 to Part "1" of the 1985 Act with a reference to Part "I", as the Part references in that Act use Roman numerals. This item also inserts a missing comma into a list of numbers.

Item 2.7 corrects grammatical errors in Schedule 1A.

Item 2.8 corrects item 13(b) of Schedule 6 to insert a missing conjunction "and" at the end of paragraph (b).

Item 3 Adoption Act 1984

This item amends section 4(1) to correct an out-of-date reference to column 2 of Schedule 2 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 of the Commonwealth. Schedule 2 has been substituted by a new Schedule 2 which no longer contains columns.

Item 4 Assisted Reproductive Treatment Act 2008

Item 4.1 amends the heading to section 9 to ensure consistency of the spelling of the term "self-insemination" in the 2008 Act.

Item 4.2 amends section 125(d) to correct a punctuation error.

2

Item 5 Associations Incorporation Act 1981

This item amends section 46(5)(b) to correct a grammatical error.

Item 6 Births, Deaths and Marriages Registration Act 1996

This item repeals section 65 and the Schedule. Section 65 and the Schedule contain provisions amending or repealing the provisions of other Acts. Section 65 and the Schedule have commenced operation and are spent.

Item 7 Casino Control Act 1991

This item amends section 62AA to correct a grammatical error.

Item 8 Charter of Human Rights and Responsibilities Act 2006

This item repeals section 47 and the Schedule. Section 47 and the Schedule contain provisions amending other Acts. Section 47 and the Schedule have commenced operation and are spent.

Item 9 Children, Youth and Families Act 2005

Item 9.1 renumbers section 588(1B) (where first occurring) to remove a duplicate subsection number.

Item 9.2 repeals sections 601 to 604. Sections 601 to 604 contain provisions repealing and amending other Acts. Sections 601 to 604 have commenced operation and are spent.

Items 9.3 to 9.5 change the numbers of sections 616, 616A and 617 so that numbering of these sections is in the correct numerical order.

Item 10 Children's Services Act 1996

Item 10.1 amends the definition of relative in section 3(1) to refer to "de facto" rather than "defacto", consistent with use of the term elsewhere in the 1996 Act.

Item 10.2 amends section 9(1)(c) to correct a grammatical error.

Item 10.3 substitutes section 36(3) to remove any doubt that the effect of the amendment made to this section by section 22(4) of the Children's Legislation Amendment Act 2008, which contained the instruction "insert" rather than "substitute", is achieved. For this reason, this item is made retrospective to 25 May 2009, the date that section 22(4) came into operation.

3

Item 11 City of Melbourne Act 2001

This item amends section 27AA to correct a grammatical error.

Item 12 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

This item repeals sections 85 and 86 and Part 12. Sections 85 and 86 and Part 12 contain provisions repealing and amending other Acts. Sections 85 and 86 and Part 12 have commenced operation and are spent.

Item 13 Climate Change Act 2010

Item 13.1 corrects a spelling error in sections 3 and 49A, in the definition of adaptation.

Item 13.2 corrects a typographical error in section 50(1)(b)(iv).

Item 14 Coastal Management Act 1995

This item amends section 40(2) to insert a missing conjunction "and" at the end of paragraph (c).

Item 15 Confiscation Act 1997

This item repeals Part 17 and sections 150 to 156. Part 17 contains provisions amending the Sentencing Act 1991. Sections 150 to 156 contain provisions repealing and amending other Acts. Part 17 and sections 150 to 156 have commenced operation and are spent.

Item 16 Conservation, Forests and Lands Act 1987

Item 16.1 amends the definition of traditional owner land management agreement in section 82A to correct a punctuation error.

Item 16.2 amends section 82BA(1) to correct a grammatical error.

Item 17 Consumer Affairs Legislation Amendment (Reform) Act 2010

Item 17.1 amends section 13 to insert new Schedule 2A of the Fair Trading Act 1999 before Schedule 3 of that Act rather than after Schedule 2 of that Act, as Schedule 2 has recently been repealed. This amendment has been made to ensure that the insertion of new Schedule 2A is achieved as intended.

4

Item 17.2 amends an incorrect section reference contained in the text of new section 51 of the Sale of Land Act 1962 which is inserted by section 60(2). This item is made retrospective to 28 September 2010, the date of Royal Assent of the 2010 Act, to ensure that the correct reference operates from the commencement of new section 51.

Item 18 Coroners Act 2008

Item 18.1 amends the definition of person placed in custody or care in section 3(1) to correct a typographical error in paragraph (d) of that definition.

Item 18.2 amends paragraph (e) of the definition of senior next of kin in section 3(1) to remove an unnecessary comma.

Item 18.3 removes the heading to Part 11. The provisions in Part 11 were repealed on 1 November 2010.

Item 19 Country Fire Authority Act 1958

This item amends section 110(1)(gb) to correct a spelling error.

Item 20 Courts Legislation (Neighbourhood Justice Centre) Act 2006

This item amends section 17(2)(a) to correct a punctuation error.

Item 21 Credit (Administration) Act 1984

This item amends section 21 to ensure consistency with the change in references from "registered credit provider" to "relevant credit provider" inserted by the Credit (Commonwealth Powers) Act 2010.

Item 22 Crimes (Controlled Operations) Act 2004

This item repeals sections 48 to 51 and 53 to 56. Sections 48 to 51 and 53 to 56 contain provisions amending other Acts. Sections 48 to 51 and 53 to 56 have commenced operation and are spent.

Item 23 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

This item amends the heading to clause 13 of Schedule 3 to correct an incorrect reference. The heading currently refers to a particular Act as a Bill.

5

Item 24 Criminal Procedure Act 2009

This item amends section 369(3) to correct a grammatical error.

Item 25 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009

Item 25.1 amends item 40.39 of the Schedule to correct a reference to section 464ZFB(2A) of the Crimes Act 1958. It was incorrectly referred to as section 46ZFB(2A).

Item 25.2 amends item 106.23 of the Schedule to correct a reference to section 84ZB(1)(b)(i) of the Road Safety Act 1986. It was incorrectly referred to as section 84ZB(b)(i).

Items 25.1 and 25.2 are made retrospective to 31 December 2009, the day before items 40.39 and 106.23 came into operation, to remove any doubt that the amendments took effect as intended.

Item 26 Crown Land Acts Amendment (Lease and Licence Terms) Act 2009

This item amends proposed section 43(2) of the National Parks Act 1975, to be inserted by section 38 of the 2009 Act, to remove an unnecessary quotation mark.

Item 27 Defamation Act 2005

This item repeals sections 47 to 49 and Schedule 4. Sections 47 to 49 and Schedule 4 contain provisions repealing and amending other Acts. Sections 47 to 49 and Schedule 4 have commenced operation and are spent.

Item 28 Disability Act 2006

Item 28.1 amends section 152(2)(f) to correct a punctuation error.

Item 28.2 repeals Divisions 2 to 4 of Part 10. Divisions 2 to 4 contain provisions amending other Acts. Divisions 2 to 4 have commenced operation and are spent.

Item 29 Docklands Act 1991

Item 29.1 amends the heading to Part 2, item 29.2 amends section 19(3)(b) and item 29.3 amends section 24(3)(d) of the 1991 Act to correct redundant references that are consequential to the enactment of the Victorian Urban Development Authority Act 2003. Section 87 of the 2003 Act reconstrues references to the Docklands Authority to be references to the Victorian Urban

6

Development Authority and references to the Docklands Authority Act 1991 to be references to the Docklands Act 1991.

Item 30 Drugs, Poisons and Controlled Substances Act 1981

This item corrects a grammatical error in the definition of registered optometrist in section 4(1).

Item 31 Duties Act 2000

This item amends section 58(3)(b) to correct a grammatical error.

Item 32 EastLink Project Act 2004

This item corrects a punctuation error in section 261(2)(b).

Item 33 Energy Safe Victoria Act 2005

Items 33.1 and 33.2 change the numbers of sections 19A and 19B to 25A and 25B respectively so that these sections are in numerical order.

Item 34 Equal Opportunity Act 2010

This item corrects an outdated reference to the Transport Act 1983.

Item 35 Evidence Act 2008

This item amends section 131A to correct an incorrect reference in the heading.

Item 36 Fair Trading Act 1999

This item amends the heading to section 160G to insert missing punctuation.

Item 37 Family Violence Protection Act 2008

Item 37.1 changes the number of section 176A of the 2008 Act (as inserted by section 83 of the Justice Legislation Amendment Act 2010) to 176AA so that the 2008 Act contains only one section 176A when section 215 of the Personal Safety Intervention Orders Act 2010 comes into operation. Section 215 would otherwise insert a second section 176A into the 2008 Act.

Item 37.2 corrects a typographical error by removing a surplus comma from section 201(c)(iv).

7

Item 38 Firearms Act 1996

Items 38.1 and 38.2 correct typographical errors in penalty provisions in sections 6A and 7B.

Item 38.3 amends clause 3(2)(d) of Schedule 4 to remove an unnecessary full stop.

Item 38.4 repeals sections 201 to 208. Sections 201 to 208 contain provisions amending the provisions of other Acts. Sections 201 to 208 have commenced operation and are spent.

Item 39 Fisheries Act 1995

Item 39.1 amends section 32(1) to remove a redundant reference to subsection (6). Subsection (6) was repealed by section 29(2) of the Primary Industries Legislation Amendment Act 2009.

Item 39.2 amends section 131Q(1)(c)(iv) to give effect to an amendment intended to be made by item 5.3 of Schedule 2 to the Police Integrity Act 2008. Item 5.3 tried to amend section 49 of the Crimes (Controlled Operations) Act 2004, which inserted section 131Q(1)(c)(iv) into the Fisheries Act 1995 and which came into operation on 2 November 2008. However item 5.3 came into operation on 5 December 2008 so the amendment could not take effect. Item 39.2 makes the amendment that was originally intended to be made to the 1995 Act.

Item 39.3 repeals sections 160 to 163 and Schedule 2. Sections 160 to 163 and Schedule 2 contain provisions amending or repealing the provisions of other Acts. Sections 160 to 163 and Schedule 2 have commenced operation and are spent.

Item 40 Food Act 1984

Item 40.1 amends section 19V(1) to remove a redundant "or" from the end of paragraph (a). There are no conjunctions between the other paragraphs in section 19V(1) and the inclusion of "or" at the end of paragraph (a) is a grammatical error.

Items 40.2 and 40.3 amend sections 50AA and 50AB respectively to correct punctuation errors.

Item 40.4 amends section 53B to remove an unnecessary comma.

Item 41 Forests Act 1958

This item replaces a full stop with a decimal point in section 66B(2).

8

Item 42 Gambling Regulation Act 2003

Item 42.1 corrects a typographical error in section 3.5.34AA(3).

Item 42.2 corrects a grammatical error in section 10.2A.11(4)(c).

Item 42.3 repeals sections 12.1.1 to 12.1.5 and Schedules 5 and 6. Sections 12.1.1 to 12.1.5 and Schedules 5 and 6 contain provisions repealing and amending other Acts. Sections 12.1.1 to 12.1.5 and Schedules 5 and 6 have commenced operation and are spent.

Item 43 Gambling Regulation Further Amendment Act 2009

Item 43.1 amends section 19(2) to make it clear that it is inserting a new paragraph (ca) after section 3.4.4(1)(c) of the Gambling Regulation Act 2003.

Items 43.2 and 43.3 amend sections 113 and 136 respectively so that the amendments made by those sections to the Gambling Regulation Act 2003 refer correctly to the relevant provisions of the 2003 Act that are being amended.

Item 43.1 has been made retrospective to 20 October 2009, the day before section 19(2) came into operation. Section 19(2) contained the instruction "In" instead of "After". The amendment has been made to remove any doubt that section 19(2) took effect as intended from its commencement day.

Item 44 Health Professions Registration Act 2005

This item repeals Divisions 2 to 4 of Part II. Divisions 2 to 4 contain provisions amending other Acts. Divisions 2 to 4 have commenced operation and are spent.

Item 45 Infringements Act 2006

This item repeals Part 14 which contains provisions amending other Acts. Part 14 has commenced operation and is spent.

Item 46 Instruments Act 1958

This item amends section 119(1)(b) to correct a punctuation error.

Item 47 International Transfer of Prisoners (Victoria) Act 1998

This item repeals Part 5 which contains provisions amending other Acts. Part 5 has commenced operation and is spent.

9

Item 48 Justice Legislation Amendment Act 2010

This item inserts missing words into section 20 to clearly identify the relevant Subdivision of Part 3 of the Sentencing Act 1991 that section 20 is substituting.

Item 49 Land Acquisition and Compensation Act 1986

This item amends the subsection number of section 5(4AA) so that the subsection numbers within section 5 are in correct alphanumerical order.

Item 50 Land Act 1958

This item amends sections 188A(6) and 413(2) to ensure consistent spelling of the term "Magistrates' Court" in the 1958 Act.

Item 51 Limitation of Actions Act 1958

This item amends section 7AB to remove a reference to the Melbourne Water Corporation made redundant as a result of the repeal of the Melbourne Water Corporation Act 1992. The Melbourne Water Corporation is an Authority under the Water Act 1989 and is therefore covered under the wording of section 7AB(1)(a) of the Limitation of Actions Act 1958.

Item 52 Liquor Control Reform Act 1998

This item amends clause 25(1) of Schedule 3 to omit an unnecessary "the".

Item 53 Livestock Disease Control Act 1994

This item amends the definition of vehicle in section 3(1) to correct a punctuation error.

Item 54 Livestock Management Act 2010

This item amends section 50(1)(a) to insert a missing conjunction "or".

10

Item 55 Local Government Act 1989

Item 55.1 amends section 117(2)(b) to remove a conjunction that is unnecessary because of the repeal of section 117(2)(c).

Item 55.2 amends an error in the title of the Transport (Compliance and Miscellaneous) Act 1983 in section 154(3A)(a).

Item 56 Major Sporting Events Act 2009

This item amends section 9(1)(a) to insert a missing semicolon.

Item 57 Marine Safety Act 2010

Item 57.1 amends paragraph (a) of the definition of marine safety infrastructure operations in section 3(1) to insert a missing comma.

Item 57.2 amends section 44(1) to correct a grammatical error.

Item 57.3 amends section 111(i) to correct a grammatical error.

Item 57.4 amends section 124(3)(b) to correct a grammatical error.

Item 57.5 amends section 206 to insert the missing word "section".

Item 57.6 amends section 275 to remove the words "without charge", as they are made redundant by the words "free of charge" at the end of that section.

Item 57.7 amends the heading to section 281 to correct the capitalisation of the word "Policy".

Item 57.8 amends section 309(1) to insert a missing conjunction "or".

Item 57.9 amends item 17(b) of Schedule 3 to remove an unnecessary full stop.

Item 58 Melbourne City Link Act 1995

This item amends section 18B(2) to insert missing punctuation.

Item 59 Melbourne Convention and Exhibition Trust Act 1996

This item repeals sections 34 to 36. Sections 34 to 36 contain provisions amending other Acts. Sections 34 to 36 have commenced operation and are spent.

11

Item 60 Mineral Resources (Sustainable Development) Act 1990

Items 60.1 and 60.2 amend section 80(4) and (5) respectively to substitute the remaining references to "licensee" with references to "authority holder". Most of the references to "licensees" in the 1990 Act were substituted by section 24(4) and (5) of the Resources Industry Legislation Amendment Act 2009 but some were missed.

Items 60.1 and 60.2 are made retrospective to 1 January 2010, the date that section 24 of the 2009 Act came into operation, to ensure that section 80(4) and (5) operated as intended from that date.

Item 60.3 corrects a grammatical error in section 82(3).

Item 61 Mineral Resources Amendment (Sustainable Development) Act 2010

Item 61.1 amends clause 3(1)(c) of proposed Schedule 8 to the Mineral Resources (Sustainable Development) Act 1990, to be inserted by section 30 of the 2010 Act, to correct the numbering of a subparagraph.

Item 61.2 amends clause 3(7) of proposed Schedule 8 to the Mineral Resources (Sustainable Development) Act 1990, to be inserted by section 30 of the 2010 Act, to correct a typographical error.

Item 62 National Environment Protection Council (Victoria) Act 1995

This item repeals Part 8. Part 8 contains provisions amending the Environment Protection Act 1970. Part 8 has commenced operation and is spent.

Item 63 National Parks Act 1975

This item amends clauses 5, 7 and 8 of Schedule One AAA to correct grammatical errors and missing words.

Item 64 Ombudsman Act 1973

This item amends section 13(2AAA) to correct an out-of-date reference to Division 3 of Part 2 of the Prevention of Cruelty to Animals Act 1986. The original provisions of Division 3 of Part 2 of the 1986 Act are now contained in Part 2A of that Act. This was the result of amendments made by the Animals Legislation Amendment (Animal Care) Act 2007.

12

This item also amends section 13(2AAA) to insert the word "general" to ensure consistency with the term "general inspectors" as used in the Prevention of Cruelty to Animals Act 1986 after being amended in 2007.

Item 65 Parks Victoria Act 1998

This item repeals sections 26 to 29. Sections 26 to 29 contain provisions amending other Acts. Sections 26 to 29 have commenced operation and are spent.

Item 66 Payroll Tax Act 2007

Item 66.1 amends section 73(4) to correct an out-of-date reference to the Australian Stock Exchange which has changed its name to the Australian Securities Exchange.

Item 66.2 repeals Divisions 1 to 4 of Part 10. Divisions 1 to 4 contain provisions repealing and amending other Acts. Divisions 1 to 4 have commenced operation and are spent.

Item 67 Petroleum Act 1998

Item 67.1 corrects a grammatical error in the note at the foot of section 138.

Item 67.2 repeals section 257. Section 257 contains provisions amending other Acts. Section 257 has commenced operation and is spent.

Item 68 Pharmacy Regulation Act 2010

Item 68.1 amends section 85(b) to omit an unnecessary punctuation mark and to insert a missing conjunction "and".

Item 68.2 corrects a punctuation error in the definition of registered medical practitioner in section 2.6.35A of the Education and Training Reform Act 2006 as substituted by section 121(1) of the 2010 Act.

Item 69 Pipelines Act 2005

This item repeals Part 15. Part 15 contains provisions repealing and amending other Acts. Part 15 has commenced operation and is spent.

13

Item 70 Planning and Environment Act 1987

Item 70.1 amends section 119(b)(i) to insert a missing conjunction "or".

Item 70.2 substitutes the definition of Secretary in section 201E. The substitution changes the punctuation of the definition to reflect that there is no longer a paragraph (b) in that definition.

Item 71 Planning and Environment (Planning Schemes) Act 1996

This item repeals Part 2. Part 2 contains provisions amending the Planning and Environment Act 1987. Part 2 has commenced operation and is spent.

Item 72 Police Integrity Act 2008

Item 72.1 amends section 35 to correct an incorrect reference. The direction referred to in that section arises under Division 5 of Part 2 of that Act and not section 35.

Item 72.2 amends clause 18(1) of Schedule 1 to insert a missing word "section".

Item 73 Police Regulation Act 1958

This item amends the note at the foot of section 6A to change a reference to the Prostitution Control Act 1994 to the Sex Work Act 1994. Section 42(1) of the Consumer Affairs Legislation Amendment Act 2010 changed the name of the Prostitution Control Act 1994 to the Sex Work Act 1994 on 1 November 2010.

Item 74 Property Law Act 1958

This item amends section 18 to insert commas between the definitions tenant for life, statutory owner, settled land, settlement, capital money and term of years absolute to separate the defined terms for ease of reading.

Item 75 Public Health and Wellbeing Act 2008

Items 75.1 and 75.2 make amendments to sections 3(1) and 190(3) respectively to correct punctuation errors.

Item 75.3 amends section 256 to correct a reference in words being substituted in section 40(2) of the Food Act 1984. This item has been made retrospective to 31 December 2009, the day before section 256 came into operation, to remove any doubt that

14

the correct words were substituted from the commencement of that section.

Item 75.4 amends section 269 to correct an incorrect reference to the Ambulance Services Act 1986. This item has been made retrospective to 2 September 2008, the day that the 2008 Act received the Royal Assent, to ensure the reference is correct from that day.

Item 76 Public Sector Employment (Award Entitlements) Act 2006

This item amends section 3(1) to omit a repeated phrase from the definition of Commonwealth Act.

Item 77 Queen Victoria Women's Centre Act 1994

This item repeals section 26. Section 26 amends Schedule 1 to the Borrowing and Investment Powers Act 1987. Section 26 has commenced operation and is spent.

Item 78 Radiation Act 2005

Item 78.1 amends section 138(3) to correct a grammatical error.

Item 78.2 repeals Division 1 of Part 12 which contains provisions amending other Acts. Division 1 of Part 12 has commenced operation and is spent.

Item 79 Rail Management Act 1996

This item amends section 3(1) to repeal the definition of railway track because it is not in alphabetical order.

This item also re-inserts the same definition of railway track into the 1996 Act and, relying on section 39A of the Interpretation of Legislation Act 1984, the definition will be inserted in the correct order.

Item 80 Regional Infrastructure Development Fund Act 1999

This item amends Schedule 1 to correct out-of-date references due to the change of name of certain councils.

LaTrobe Shire Council was renamed to LaTrobe City Council by Order dated 4 April 2000 (see Government Gazette G14, 6 April 2000, page 661).

15

Wodonga Rural City Council was renamed to Wodonga City Council by Order dated 16 December 2003 (see Government Gazette G51, 18 December 2003, page 3260).

Item 81 Retail Leases Act 2003

This item amends section 62(1)(a) to correct an incorrect cross-reference to section 61(4) of the 2003 Act. Section 61(4) was repealed and re-enacted as section 61(5A) by section 29 of the Retail Leases (Amendment) Act 2005.

Item 82 Safe Drinking Water Act 2003

This item repeals sections 57 and 58, which contain provisions amending other Acts. Sections 57 and 58 have commenced operation and are spent.

Item 83 Safety on Public Land Act 2004

This item repeals sections 21 to 23. Sections 21 to 23 contain provisions amending other Acts. Sections 21 to 23 have commenced operation and are spent.

Item 84 Sentencing Act 1991

This item amends Schedule 1 by repealing clause 4(ba) because that clause has been inserted in the incorrect order in that Schedule.

This item re-inserts clause 4(ba) in the correct order.

Clause 4(ba) was inserted after clause 4(b) by section 15(2) of the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005.

However, clause 4(c) was subsequently inserted before clause 4(ba) by section 50(5) of the Working with Children Act 2005, after the commencement of section 15(2) of the Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005.

Item 85 Settled Land Act 1958

This item amends section 3(1) to insert a comma between the definitions trust for sale and trustees for sale to separate the defined terms.

16

Item 86 Severe Substance Dependence Treatment Act 2010

Item 86.1 amends section 22(3)(b) to insert missing punctuation and a missing conjunction "and".

Item 86.2 corrects an incorrect reference in section 49(1) to section 3(1) of the Veterinary Practice Act 1997. Section 3 of the 1997 Act does not contain subsections.

Item 86.3 amends section 49(2). Section 49(2) amends sections 6(2)(b), 25(c), 31(1)(c) and 46(1)(a)(iii) of the Veterinary Practice Act 1997. Sections 6(2)(b), 25(c), 31(1)(c) and 46(1)(a)(iii) contain the words "an alcoholic or drug-dependent person"; however, section 49(2) incorrectly referred to the words "an alcoholic or a drug-dependent person". This item amends section 49(2) to refer to the correct words to be substituted.

Items 86.2 and 86.3 are made retrospective to 10 August 2010, the date of Royal Assent of the 2010 Act, to remove any doubt that the amendments took effect correctly from the commencement of that Act.

Item 87 Small Business Commissioner Act 2003

This item repeals sections 15 and 16. Sections 15 and 16 contain provisions amending other Acts. Sections 15 and 16 have commenced operation and are spent.

Item 88 Snowy Hydro Corporatisation Act 1997

This item repeals sections 25 to 27. Sections 25 to 27 contain provisions amending and repealing other Acts, respectively. Sections 25 to 27 have commenced operation and are spent.

Item 89 State Concessions Act 2004

This item repeals section 13 and the Schedule. Section 13 and the Schedule contain provisions amending other Acts. Section 13 and the Schedule have commenced operation and are spent.

Item 90 State Employees Retirement Benefits Act 1979

This item amends section 43B to correct the numbering of subsection (1) by removing an unnecessary quotation mark.

17

Item 91 Subordinate Legislation Amendment Act 2010

This item amends section  41 to ensure that the date on which the 2010 Act is repealed is the date 12 months after all the provisions of that Act have come into operation. The existing provision specifies a repeal date that is before the commencement date of some of the provisions of the 2010 Act.

Item 92 Summary Offences Act 1966

This item amends section 41E(2) to omit a repeated word.

Item 93 Supported Residential Services (Private Proprietors) Act 2010

Item 93.1 amends section 7(3) to correct a grammatical error.

Items 93.2, 93.3, 93.4, 93.5, 93.6, 93.7, 93.8 and 93.9 insert a missing punctuation mark in the penalty at the foot of sections 176, 177, 178(1), 179(1), 179(2), 179(3), 179(4) and 180(1) respectively.

Item 93.10 amends section 215(1) to correct a grammatical error.

Items 93.11 and 93.12 insert a missing punctuation mark in the penalty at the foot of sections 216 and 217 respectively.

Item 94 Surveying Act 2004

This item repeals sections 71 to 73 and the Schedule. Sections 71 to 73 and the Schedule contain provisions amending other Acts. Sections 71 to 73 and the Schedule have commenced operation and are spent.

Item 95 Sustainability Victoria Act 2005

This item repeals sections 23 to 26. Sections 23 to 26 contain provisions amending other Acts. Sections 23 to 26 have commenced operation and are spent.

Item 96 Traditional Owner Settlement Act 2010

Item 96.1 inserts the missing word "to" into the definition of traditional owner group entity in section 3.

Item 96.2 amends section 27(1) in order to insert a missing "the" into the definition of limited land use activity and to insert a missing comma into the definition of significant land use activity.

18

Item 96.3 inserts the missing word "a" into section 48(b).

Item 96.4 amends section 54(1) in order to insert the missing word "a" in two instances.

Item 96.5 inserts the missing word "a" into section 55(1).

Item 96.6 inserts the missing word "of" into section 69.

Item 97 Transport Accident and Accident Compensation Legislation Amendment Act 2010

This item amends section 27 to correct typographical errors in section 8 of the Accident Compensation Act 1985 by the 2010 Act which is inserted by section 27.

Item 98 Transport (Compliance and Miscellaneous) Act 1983

Item 98.1 amends section 2(1) to repeal the definition of Safety Director as it is not in the correct alphabetical order.

Item 98.2 amends section 2(1) to re-insert the same definition of Safety Director into the Act and, relying on section 39A of the Interpretation of Legislation Act 1984, the definition will be inserted in the correct alphabetical order.

Item 98.3 repeals the heading to Division 3 of Part IV as that Division no longer contains any sections.

Item 98.4 repeals the heading to Division 2 of Part V as that Division no longer contains any sections.

Item 98.5 amends the definition of specified indictable fraud or dishonesty offence in section 86(1) to correct a punctuation error.

Item 99 Transport Legislation Amendment Act 2007

This item amends section 67 to correct the reference in that section to the Rail Safety Act 2006. This item has been made retrospective to 11 December 2007, the date of Royal Assent of the 2007 Act, to ensure that the reference to the 2006 Act is correct from the commencement of the 2007 Act.

Item 100 Transport Legislation Amendment (Compliance, Enforcement and Regulation) Act 2010

This item corrects a spelling error in section 77 in the amendment to the definition of prescribed device in section 208 of the Transport Act 1983 (later renamed the Transport (Compliance

19

and Miscellaneous) Act 1983). This item has been made retrospective to 21 May 2010, the day before section 77 came into operation, to remove any doubt that the amendments made by section 77 took effect as intended from the commencement of that section.

Item 101 Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009

This item amends section 18 which inserts proposed section 50AAIA(5) of the Road Safety Act 1986 to correct an incorrect cross-reference to proposed section 50AAIB of that Act.

Item 102 Veterinary Practice Act 1997

This item repeals section 96 and the Schedule. Section 96 and the Schedule contain provisions amending other Acts. Section 96 and the Schedule have commenced operation and are spent.

Item 103 Victoria Racing Club Act 2006

This item repeals Part 4. Part 4 contains provisions repealing and amending other Acts. Part 4 has commenced operation and is spent.

Item 104 Victorian Environmental Assessment Council Act 2001

This item makes amendments to sections 17(4)(b) and 20(4)(b) to correct the reference to the Department. These amendments arose from Administrative Arrangements Order (No. 183) 2002 (see Government Gazette S 246, 24 December 2002, page 1), which deems references to the Department of Natural Resources and Environment in the Act to be references to the Department of Sustainability and Environment.

Item 105 Water Act 1989

Item 105.1 amends section 46C(3)(c) to correct a punctuation error.

Item 105.2 amends section 47C(3)(c) to correct a punctuation error.

20

Item 106 Water Amendment (Entitlements) Act 2010

This item amends section 80 to correct a grammatical error.

Item 107 Water Amendment (Victorian Environmental Water Holder) Act 2010

This item amends proposed section 33DZA(1)(b) of the Water Act 1989, to be inserted by section 4 of the 2010 Act, to insert the word "section" before a section number.

Item 108 Werribee South Land Act 1991

This item amends item 2 of the Table in Schedule 1 to correct a spelling error.

Item 109 Wildlife Act 1975

This item amends section 74M(1)(c)(iv) to give effect to an amendment intended to be made by item 5.4 of Schedule 2 to the Police Integrity Act 2008. Item 5.4 purported to amend section 51 of the Crimes (Controlled Operations) Act 2004, which inserted section 74M(1)(c)(iv) into the Wildlife Act 1975 and which came into operation on 2 November 2008. However item 5.4 came into operation on 5 December 2008 so the amendment failed. This item gives effect to the intent of the original amendment.

Item 110 Wills Act 1997

This item repeals Part 7. Part 7 contains provisions amending the Administration and Probate Act 1958. Part 7 has commenced operation and is spent.

Item 111 Workers Compensation Act 1958

This item amends section 3(7Q)(a) to correct a grammatical error.

Item 112 Zoological Parks and Gardens Act 1995

This item repeals Divisions 2 and 3 of Part 5. Divisions 2 and 3 of Part 5 contain provisions amending other Acts. Divisions 2 and 3 of Part 5 have commenced operation and are spent.

21

SCHEDULE 2—REPEAL OF ACTS

The Acts set out in this Schedule are spent or redundant.

The Acts to be repealed fall into 3 categories—

1 Spent Principal Acts

This Bill repeals the following Principal Acts. These Acts are no longer required because their operative provisions have taken effect and are spent or they are redundant. Section 14 of the Interpretation of Legislation Act 1984 provides that the repeal of these Acts will not affect the previous operation of, or anything done under, those Acts—

1.1 Geelong Harbor Trust Act 1905 (No. 2012)

This Act was enacted to provide for the construction of works at the Geelong Harbor and established the Geelong Harbor Trust Commissioners. Most of this Act was repealed in 1915. There are 2 provisions remaining. Section 26 provided that certain land used for show yards vested in the Crown and that the trustees of other certain land could sell or remove the improvements on the land vested in the Crown. The vesting of the land has taken effect and the power to sell or remove the improvements is no longer required. Section 29 provided that the costs of dredging of the Geelong Harbor, carried out before the commencement of the 1905 Act, were to be paid for from the Geelong Harbor Trust Fund. These costs were subsequently allocated to the State and written off. Sections 26 and 29 are no longer required. The 1905 Act can be repealed.

1.2 The Colonial Mutual Life Assurance Society Act 1912 (No. 2372)

This Act was enacted to remove any doubts about the provisions of the Articles of Association (the articles) of the Colonial Mutual Life Assurance Society Limited (the Society) being in accordance with the Memorandum of Association of the Society (the memorandum) and to enable Inspectors to be appointed to investigate the affairs of the Society. The provisions inserted in the 1912 Act for the removal of doubt relating to the memorandum and articles have taken effect and are spent. The 1912 Act gave the Governor in Council powers relating to the appointment

22

of Inspectors to investigate the Society. The Governor in Council and the Inspectors also had certain duties under the 1912 Act. The powers and duties are no longer required. Any residual rights and liabilities under the Act will be preserved under section 14 of the Interpretation of Legislation Act 1984. The Society was demutualised in 1996 and became a registered company and is now subject to the Corporations Act 2001 of the Commonwealth and to the jurisdiction of the Australian Investments and Securities Commission. In 2000 the Commonwealth Bank became the owner of the Society. The Commonwealth Bank has no objection to the repeal of the 1912 Act. The 1912 Act can be repealed.

1.3 Melbourne Harbor Trust (Exchange of Lands) Act 1922 (No. 3258)

This Act was enacted to provide for the exchange of certain pieces of land vested in the Melbourne Harbor Trust Commissioners (the Commissioners) for other pieces of land owned by 3 companies pursuant to agreements entered into by the Commissioners and the companies for the adjustment of the lines of demarcation between their properties. Section 6 provided that Comben Street Footscray ceased to be a public highway. The vesting of the lands in the Commissioners and the companies under the 1922 Act was subject to various easements and rights granted under that Act. The lands vested in the Commissioners were deemed under section 8 to be purchased by the Commissioners under their statutory powers. The vesting of the lands under sections 2, 3, 4 and 5 and the granting of related easements and rights, the closure of Comben Street and section 8 have all taken effect and are no longer required. Sections 2(b) and 7 of the 1922 Act required the Registrar of Titles to make any necessary recordings in the Register to reflect the vesting of lands and easements and rights created under the 1922 Act. These recordings have been made and the provisions are no longer required. The 1922 Act can be repealed.

1.4 Junior Legacy, Melbourne (Dureau Memorial) Act 1953 (No. 5717)

This Act relates to certain property held in Trust for the purposes of Junior Legacy, Melbourne. The 1953 Act gave power to the trustees to sell or exchange premises that had been purchased for the Junior Legacy Club, Melbourne (the predecessor of Junior Legacy, Melbourne) from money donated to perpetuate the memory of David H. Dureau and

23

to use the proceeds for the general purposes of Junior Legacy, Melbourne. Legacy have been consulted about the repeal of the 1953 Act and advised that the premises was sold and a new premises was subsequently purchased with the proceeds and that all funds were exhausted in the purchase and refurbishment of the new premises. The 1953 Act can be repealed.

1.5 Cul-de-sac Applications Act 1965 (No. 7334)

This Act was enacted to make provision for applications made by owners of land to have cul-de-sac land vested in them under the now repealed Division 6 of Part IV of the Transfer of Land Act 1958 if the applications were made before the repeal of that Division. Section 3, a transitional provision, provided that Division 6 continued to apply to applications made under that Division before its repeal. Section 4, also a transitional provision, preserved the rights of persons to claim moneys in the Assurance Fund under Division 6 in relation to applications made under that Division before its repeal. The period for making those claims has expired. These provisions are now redundant. The 1965 Act can be repealed.

1.6 Mildura Irrigation and Water Trusts Act 1969 (No. 7826)

Part I of this Act made amendments to the Mildura Irrigation and Water Trusts Act 1958 (later renamed the Irrigation and Sunraysia Board Act 1958) which have taken effect and are spent. Part II of the 1969 Act required the re-subdivision of certain land forming part of the First Mildura Irrigation District (the Mid Area) to be carried out by the First Mildura Irrigation Trust (the Trust). The re-subdivision came into effect by way of an Order of the Governor in Council under section 24(1) on 5 May 1970. The Principal Act was repealed by the Water Act 1989 and the Trust has now been taken over by the Lower Murray Urban and Rural Water Corporation, a water corporation within the meaning of that Act. Section 25(5) saved certain matters relating to Crown grants in the Mid Area. Section 28 assured the validity of things done under the 1969 Act. Any continuing effect of sections 25(5) and 28 will be preserved under section 14 of the Interpretation of Legislation Act 1984 as will any residual rights, liabilities or obligations under the 1969 Act. Section 30 provided that costs incurred by the Trust in relation to the re-subdivision were deemed to have been incurred in providing capital works. This provision is no longer

24

required. The powers and duties under the 1969 Act are no longer required. The 1969 Act can be repealed.

1.7 National Mutual Permanent Building Society Act 1985 (No. 10228)

The purpose of this Act was to facilitate the National Mutual Permanent Building Society becoming a banking corporation by enabling it to become a public company deemed to be incorporated in Victoria (the company). This provision has taken effect. The company, which became the National Mutual Royal Savings Bank Ltd subsequently became part of another bank (the National Mutual Royal Savings Bank (NSW) Ltd) as a result of a merger in 1987 (see National Mutual Royal Savings Bank Limited (Merger) Act 1987 to be repealed by this Bill). Any continuing effect of transitional or savings provisions in the 1985 Act will be preserved under section 14 of the Interpretation of Legislation Act 1984 as will any residual rights and liabilities acquired or incurred under the 1985 Act. The 1985 Act can be repealed.

1.8 National Mutual Royal Savings Bank Limited (Merger) Act 1987 (No. 64/1987)

The purpose of this Act was to transfer the banking business of the National Mutual Royal Savings Bank Ltd (the Victorian bank) to the National Mutual Royal Savings Bank (N.S.W.) Ltd (the continuing bank). The provisions effecting the transfer of the business of the Victorian bank to the continuing bank have taken effect and are spent. The continuing bank became the successor in law of the Victorian bank. The continuing bank changed its name to the National Mutual Royal Savings Bank Ltd and its place of incorporation to Victoria after the merger. The Australia and New Zealand Banking Group Ltd (ANZ) became the owner of the continuing bank in 1990 and in 1991 the continuing bank merged with the ANZ and the Australia and New Zealand Savings Bank Ltd. The ANZ has been consulted about the repeal of the 1987 Act and has raised no objections to the repeal. Any continuing effect of transitional or savings provisions in the 1987 Act will be preserved under section 14 of the Interpretation of Legislation Act 1984 as will any residual rights and liabilities acquired or incurred under the 1987 Act. The 1987 Act can be repealed.

25

1.9 Tattersall Consultations (Further Amendment) Act 1993 (No. 73/1993)

This Act was enacted to exempt profits deriving from Tattersall operations outside of Victoria from the profit-sharing provisions of section 6(1A) of the Tattersall Consultations Act 1958 (TCA) and to confirm the meaning of references to 3 amounts, numbers or symbols on tickets in certain Instant Money Lotteries. Section 3, which amends the TCA has taken effect and is spent. The TCA has since been repealed. Section 4(1) deems certain expressions on an Instant Money Lottery ticket to have always had a particular meaning. This section applies to an Instant Money Lottery claim made or to be made at any time in the past or future. Section 4(2) is a transitional application provision that limits the jurisdiction of the Supreme Court. The effect of this provision will be preserved under section 14 of the Interpretation of Legislation Act 1984. On the repeal of section 4, section 5, which states that section 85 of the Constitution Act 1975 is altered because of section 4, is no longer required. The 1993 Act can be repealed.

1.10 Land (Revocation of Reservations) Act 1994 (No. 55/1994)

This Act revoked or partially revoked Orders in Council and revoked a Crown grant in respect of reserved land at the Southern Cross Hotel site, the Institute of Plant Sciences site and at the Lakeside Psychiatric site at Ballarat. The previously reserved land was deemed to be unalienated Crown land, the appointment of any committees of management of that land revoked and any regulations under the Crown Land (Reserves) Act 1978 applying to that land revoked. The 1994 Act also made amendments to the Melbourne Market and Park Lands Act 1933, the Melbourne Lands and Market Sites Act 1991 and the Melbourne University (VCAH) Act 1992 and repealed the Melbourne Market and Park Lands Act 1955. These revocations, deeming, amendment and repealing provisions have taken effect and are spent. Under section 4(1) the Minister could recommend that the Governor in Council make an Order under section 4(2) approving a plan of survey. An Order was made. Under section 11 the Minister could sell the land that had reverted to Crown land under the 1994 Act. The land has been sold. The powers under sections 4 and 11 are no longer required.

26

Section 10(2), a saving provision that preserved the lease and any subleases over the Southern Cross Hotel site land, is no longer required. Under section 13, the Crown does not to have to pay compensation in respect of matters arising under the 1994 Act. The effect of section 13 will be preserved by section 14 of the Interpretation of Legislation Act 1984. Section 14 of the 1994 Act, which alters or varies section 85 of the Constitution Act 1975 due to section 13, is no longer required. The 1994 Act can be repealed.

1.11 Year 2000 Information Disclosure Act 1999 (No. 14/1999)

This Act was enacted to encourage the voluntary disclosure and exchange of information by entities in readiness for potential computer problems relating to the upcoming year 2000. This Act complemented the Year 2000 Information Disclosure Act 1999 of the Commonwealth which has since been repealed. Part 3 (specifically section 8) provided that no civil action could be taken against a person relating to the making of a "Year 2000 disclosure statement". Section 8 and the other related sections in Part 3 are now redundant as no actions are currently "on-foot" and future actions are barred by limitation of actions laws. Section 12 is a substantive provision that has taken effect. Section 13 provided for certain rights in relation to the disclosure of information. These rights will be preserved under section 14 of the Interpretation of Legislation Act 1984. Section 14 of the 1999 Act, which alters or varies section 85 of the Constitution Act 1975 because of Part 3 of the 1999 Act, is no longer required. The 1999 Act can be repealed.

1.12 Melbourne (Flinders Street Land) Act 2003 (No. 31/2003)

This Act divested land that had been vested in the Melbourne City Council under the Melbourne (Flinders-street) Land Act 1958 and deemed that land to be unalienated Crown land and revoked any regulations made under the Crown Land (Reserves) Act 1978 in so far as they applied to the land. The 2003 Act also amended the Melbourne (Flinders-street) Land Act 1958. These provisions have taken effect and are spent. Section 4 of the 2003 Act preserved certain rights over the divested land under various Acts. These rights will be preserved under section 14 of the Interpretation of Legislation Act 1984. The 2003 Act can be repealed.

27

1.13 Land (Revocation of Reservations) Act 2007 (No. 45/2007)

This Act partially revoked Orders in Council and related Crown grants in respect of reserved land at Lake Condah, Roman Catholic Orphan Asylum land at South Melbourne and land reserved for asylum purposes at Daylesford and Beechworth. The previously reserved land was deemed to be unalienated Crown land, the appointment of any committees of management of that land was revoked and any regulations under the Crown Land (Reserves) Act 1978 applying to that land were revoked. These provisions have taken effect and are spent. The 2007 Act can be repealed.

1.14 The following Appropriation Acts—

Appropriation (2006/2007) Act 2006 (No. 36/2006)

Appropriation (Parliament 2006/2007) Act 2006 (No. 37/2006)

Appropriation (Parliament 2007/2008) Act 2007 (No. 20/2007)

Appropriation (2007/2008) Act 2007 (No. 23/2007)

New appropriation Acts are enacted each year. These appropriation Acts are spent in their operation and can be repealed.

2 Spent Amending Acts with transitional or substantive provisions

The Bill repeals the following amending Acts that contain transitional, savings or validation provisions as well as substantive provisions. The substantive provisions are no longer required because they have taken effect and are spent or they are redundant. Any continuing effect of the transitional and saving provisions and the effect of any validation provisions will be preserved by section 14 of the Interpretation of Legislation Act 1984—

2.1 State Electricity Commission (Coal Corporation of Victoria) Act 1984 (No. 10145)

Part II of this Act amended the State Electricity Commission Act 1958 (SEC Act) to establish the Coal Corporation of Victoria (the Corporation). Part II has taken effect and is spent. Part III of the 1984 Act provided for the abolition of the Victorian Brown Coal Council

28

(the Council) and the transfer of its assets and liabilities to the Corporation and the dissolution of the Corporation incorporated under the Companies (Victoria) Code. These matters took effect on the appointed day of 1 January 1985 and the provisions are spent. Part III also contained transitional provisions. Any continuing effect of the transitional provisions in Part III will be preserved by section 14 of the Interpretation of Legislation Act 1984 (ILA). Under section 7, staff of the Council had certain rights connected with employment and superannuation. Any residual rights will be preserved under section 14 of the ILA. Under section 7(4) the Minister had the power to determine disputes relating to ongoing entitlements of former Council employees. This power is no longer required. The 1984 Act also repealed the Victorian Brown Coal Council Act 1978 and made amendments to the SEC Act and to the Electric Light and Power Act 1958. These provisions have taken effect and are spent. The 1984 Act can be repealed.

2.2 Transport Legislation (Further Miscellaneous Amendments) Act 2005 (No. 95/2005)

This Act made a number of amendments to the Melbourne City Link Act 1995, the Mitcham-Frankston Project Act 2004 (now called the EastLink Project Act 2004), the Public Transport Competition Act 1995, the Rail Corporations Act 1996 (later renamed the Rail Management Act 1996), the Road Management Act 2004, the Road Safety Act 1986, the Tobacco (Amendment) Act 2005 and the Transport Act 1983 (later renamed the Transport (Compliance and Miscellaneous) Act 1983). These amendments have all taken effect and are spent. Section 34(5) of the 2005 Act validated the Transport (Ticketing and Conduct) Regulations 2005 (later renamed the Transport (Conduct) Regulations 2005) and the Transport (Passenger Vehicles) Regulations 2005. The effect of this provision will be preserved by section 14(2A) of the Interpretation of Legislation Act 1984. The 2005 Act can be repealed.

3 Spent Amending Acts—wholly in operation

The remainder of the Acts in this Schedule are amending Acts which are now wholly in operation and have amended the Acts they were enacted to amend. These Acts contain no transitional, savings, validation or substantive provisions.

29