statute law revision bill 2017 - legislation.vic.gov.aufile/581231exi1.docx · web viewstatute...

Statute Law Revision Bill 2017

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 a number of spent or redundant Acts.

Clause Notes

Clause 1 sets out the purpose of the Bill.

Clause 2 subclause (1) provides that, subject to subclause (2), the Bill comes into operation on 1 September 2017. 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 amended as set out in that Schedule.

Clause 5 provides for the Acts listed in Schedule 3 to be repealed.

Clause 6 provides for the automatic repeal of this Act on 1 September 2018. Once the amendments and repeals made by this Act have taken effect, this Act will be spent.

581231 BILL LA INTRODUCTION 7/2/20171

Schedule 1—Amendment of Acts—General amendments

Item 1 Aboriginal Heritage Act 2006

This item amends section 65(2D) and (2E) to correct an incorrect cross reference to "section 65(1)". The cross reference should have been to section 65(2) which relates to the time within which the Secretary must decide whether or not to approve a cultural heritage management plan and is the section that should be referred to, as section 65(1) refers to the criteria for an application for a cultural heritage management plan.

Item 2 Access to Medicinal Cannabis Act 2016

Item 2.1 amends paragraph (b) of the definition of relevant power in section 4(2) to substitute an incorrect reference to "person" with "position".

Item 2.2 amends section 71(1) to correct a spelling error.

Item 2.3 amends section 92(1) to insert the missing word "if".

Item 3 Assisted Reproductive Treatment Act 2008

This item amends section 124(f) to correct a punctuation error.

Item 4 Audit Act 1994

Item 4.1 amends section 16(3)(b) to correct punctuation errors.

Item 4.2 amends section 19A(1) to insert a missing hyphen.

Item 5 Bus Safety Act 2009

This item amends section 49(1) to correct an incorrect cross reference to "section 27(a)(ii)". Section 49(1) refers to "an order, referred to in section 27(a)(ii)" but there is no section 27(a)(ii) in the 2009 Act. However an order may be made under section 27(1)(a)(ii) of the 2009 Act and this is the section that should be referred to.

Item 6 Catchment and Land Protection Act 1994

This item amends section 71(3) to omit a reference to a paragraph that has been repealed.

Item 7 Education and Training Reform Act 2006

Item 7.1 amends section 2.8.2(2) to move the misplaced word "if".

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Item 7.2 amends section 3.3.32(1)(c) to correct an incorrect cross reference to "section 3.3.29". Section 3.3.32(1)(c) refers to "any Order in Council made under section 3.3.29", however section 3.3.29 of the 2006 Act does not refer to an Order in Council. Section 3.3.28 of the 2006 Act refers to an Order in Council and is the section that should be referred to.

Item 7.3 amends section 4.3.1(1) to replace a reference to "Part" with a reference to "Division". Section 4.3.1(1) concerns the requirements for registration of a school by the Victorian Registration and Qualifications Authority. Part 4.3 of the 2006 Act is titled "Registration of students and providers", however Division 1 of Part 4.3 of the 2006 Act specifically concerns the registration of schools. Therefore the reference in section 4.3.1(1) should refer to "this Division" rather than "this Part".

Item 7.4 amends section 6.1.42 to substitute the correct word "Act" for the word "Bill".

Item 7.5 repeals clause 5(6) of Schedule 2. Clause 5(6) is redundant as it duplicates clause 5(1) of Schedule 2.

Item 8 Electoral Act 2002

This item amends the heading to section 19B to correct a spelling error.

Item 9 Electricity Safety Act 1998

This item amends section 141AB(4) to correct a spelling error.

Item 10 Filming Approval Act 2014

This item repeals section 9 and Schedule 2 which contain provisions amending other Acts. Section 9 and Schedule 2 have commenced operation and are spent.

Item 11 Fines Reform Act 2014

Item 11.1 amends section 297 to remove an unnecessary full stop from the instruction to amend section 19B of the Road Safety Act 1986.

Item 11.2 amends section 300(1) and (2) to insert the missing words "an" and "a" into the instructions to amend section 67(1) and (3) of the Road Safety Act 1986.

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Item 12 Fisheries Act 1995

This item amends the definition of initial election period in clause 5 of Schedule 4 to substitute a reference to "Bill" with the correct word "Act".

Item 13 Greenhouse Gas Geological Sequestration Act 2008

This item repeals Division 2 of Part 18 which contains self-amending provisions. Division 2 of Part 18 has commenced operation and is spent.

Item 14 Guardianship and Administration Act 1986

This item amends section 16(1)(ha)(ii) to correct a cross referencing error.

Item 15 Health Services Act 1988

This item inserts a new heading to section 104 to replace a reference to the "Chief General Manager" with a reference to the "Secretary" for consistency with that section.

Item 16 Heritage Act 1995

This item amends section 163(6) to replace an incorrect cross reference to subsection "(3)" with subsection "(5)". The reference to section 163(3) in section 163(6) is incorrect because section 163(6) refers to "if the Tribunal is not satisfied" however there is no reference to this in section 163(3) and the only requirement for the Tribunal to be "satisfied" is found in section 163(5).

Item 17 Independent Broad-based Anti-corruption Commission Act 2011

Item 17.1 amends paragraph (i) of the definition of mandatory notification provision in section 3(1) to correct a punctuation error.

Item 17.2 amends the definition of senior officer in section 41(5) to correct a punctuation error.

Item 17.3 amends the notes at the foot of section 44(1) to correct the heading to the notes and an error in the numbering of the notes.

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Item 18 Infrastructure Victoria Act 2015

This item amends section 36 to remove a duplicated full stop.

Item 19 Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016

Item 19.1 amends section 4(1) to insert the missing word "found" into the amendment to section 4(1) of the Independent Broad-based Anti-corruption Commission Act 2011.

Item 19.2 amends section 28(1)(a) to replace an incorrect cross reference to "subsection (1)" with "subsection (2)" into the amendment to section 91(1) of the 2011 Act.

Item 19.3 amends section 46(1) to correct an error in the instruction to insert a second note at the foot of section 44(1) of the 2011 Act.

These amendments are made retrospective to 30 June 2016, which is the day before the day sections 4(1), 28(1)(a) and 46(1) of the 2016 Act came into operation, to remove any doubt that the original amendments took effect as intended.

Item 20 Justice Legislation Further Amendment Act 2016

This item amends section 17 to insert in the text being omitted the missing word "a".

This amendment is made retrospective to 30 April 2016, which is the day before the day section 17 came into operation, to remove any doubt that the original amendment took effect as intended.

Item 21 Local Government Act 1989

This item amends section 81C(2) to remove the unnecessary word "a".

Item 22 Major Crime (Investigative Powers) Act 2004

This item amends section 3 to substitute the definition of legal practitioner. This definition was amended by item 60.1 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014. Item 60.1 contained an incorrect reference to section 3(1) of the 2004 Act instead of section 3 of that Act. Schedule 2 to the 2014 Act has since been repealed. This amendment is made retrospective to 30 June 2015, which

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is the day before item 60.1 came into operation, to remove any doubt that the amendment took effect as intended.

Item 23 Marine (Drug, Alcohol and Pollution Control) Act 1988

This item amends the definition of Victorian Marine Pollution Contingency Plan in section 3(1) to correct a punctuation error.

Item 24 Marine Safety Act 2010

This item repeals the heading to Part 9.3 as all the sections in this Part have previously been repealed.

Item 25 Melbourne and Olympic Parks Act 1985

This item capitalises the reference to "olympic park" in the definition of Olympic Park in section 4 for consistency within the 1985 Act.

Item 26 Mental Health Act 2014

Item 26.1 amends the definition of police officer in section 3(1) to replace outdated terminology.

Item 26.2 amends section 43(b)(v) to remove the words "to the Department of Human Services". These words are unnecessary because they are included in the definition of Secretary in section 3(1) of the Mental Health Act 2014.

Item 26.3 amends section 169(4) to substitute an incorrect reference to "subclause" with "subsection".

Item 27 Mineral Resources (Sustainable Development) Act 1990

This item amends the heading to section 40 to change a reference to "Plan" to lower case for consistency within the 1990 Act.

Item 28 National Domestic Violence Order Scheme Act 2016

Items 28.1 and 28.2 amend sections 66(2) and 79(3) respectively to correct punctuation errors.

Item 29 National Parks Act 1975

This item amends clause 26 in Part 7 of Schedule One AA to renumber this clause as clause 27 as there are currently 2 clauses numbered as 26 in this Schedule.

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Item 30 Occupational Licensing National Law Repeal Act 2016

This item amends section 1 to substitute the incorrect word "Bill" with the correct word "Act". This item is made retrospective to 10 May 2016, which is the date of Royal Assent of the 2016 Act, to remove any doubt that section 1 took effect as intended.

Item 31 Pipelines Act 2005

This item amends section 33(1) to correct a grammatical error.

Item 32 Port Management Act 1995

This item amends section 49S(2)(a) to correct a punctuation error.

Item 33 Retail Leases Act 2003

This item amends section 87(1) to substitute the reference to the repealed Fair Trading Act 1999 with a reference to the Australian Consumer Law and Fair Trading Act 2012, which replaced the Fair Trading Act 1999.

Item 34 Road Safety Act 1986

Item 34.1 amends section 17(A)(4) to remove a duplicated comma.

Items 34.2, 34.3 and 34.4 amend sections 61A(8)(c), 64(4)(b) and 65(3)(b) respectively to substitute "10km" with "10 kilometres". These amendments replace the abbreviated term "km" with "kilometres" for consistency within the 1986 Act.

Item 35 Rural Assistance Schemes Act 2016

This item amends section 13(2)(b) to correct a spelling error.

Item 36 Safety on Public Land Act 2004

This item amends section 5(1)(c) to omit a reference to section 6 of the 2004 Act which has been repealed.

Item 37 Tobacco Act 1987

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Items 37.1 and 37.2 amend sections 3, 15U(6) and 15X(1)(b) to correct punctuation errors.

Item 38 Unclaimed Money Act 2008

This item amends paragraph (a) in the definition of unclaimed money in section 3(1) to correct a grammatical error.

Item 39 Water Act 1989

Item 39.1 amends section 51AB(6)(b) to correct a spelling error.

Item 39.2 amends section 238(1) to correct a spelling error.

Item 40 Workplace Injury Rehabilitation and Compensation Act 2013

This item amends section 493(1)(zb)(ii) to substitute the correct spelling of the word "co-operation" for consistency within the 2013 Act.

Schedule 2—Amendment of Acts—Administrative arrangements

This Schedule contains amendments to a number of Acts to correct references in those Acts to names of Departments that are out of date because of Orders made under the Administrative Arrangements Act 1983 which have reconstrued the references to other Department names.

The amendments relate to the following changes in Department names—

the Department of Natural Resources and Environment to—the Department of Environment, Land, Water and Planning;

the Department of Sustainability and Environment to—the Department of Environment, Land, Water and Planning;

the Department of Transport to—the Department of Economic Development, Jobs, Transport and Resources;

the Department of Planning and Community Development to—the Department of Environment, Land, Water and Planning;

the Department of Business and Innovation to—the Department of Economic Development, Jobs, Transport and Resources;

the Department of Transport, Planning and Local Infrastructure to—the Department of Economic Development, Jobs,

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Transport and Resources or the Department of Health and Human Services;

the Department of Education and Early Childhood Development to—the Department of Education and Training;

the Department of Environment and Primary Industries to—the Department of Environment, Land, Water and Planning or the Department of Economic Development, Jobs, Transport and Resources;

the Department of State Development, Business and Innovation to—the Department of Economic Development, Jobs, Transport and Resources or the Department of Environment, Land, Water and Planning;

the Department of Justice to—the Department of Justice and Regulation or the Department of Premier and Cabinet or the Department of Health and Human Services;

the Department of Human Services to—the Department of Health and Human Services;

the Department of Health to—the Department of Health and Human Services.

These amendments arise from following Orders—

the Administrative Arrangements Order (No. 183) 2002 (Government Gazette S 252; 30 December 2002, p. 1), which reconstrues references to Department names;


the Administrative Arrangements Order (No. 196) 2007 (Government Gazette S 189; 14 August 2007, p. 2), which reconstrues references to Department names;

the Administrative Arrangements Order (No. 209) 2011 (Government Gazette S 55; 22 February 2011, p. 1), which reconstrues references to Department names;

the Administrative Arrangements Order (No. 216) 2013 (Government Gazette S 228; 25 June 2013, p. 13), which reconstrues references to Department names;

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the Administrative Arrangements Order (No. 217) 2013 (Government Gazette S 228; 25 June 2013, p. 22), which reconstrues references to Department names;


the Administrative Arrangements Order (No. 220) 2015 (Government Gazette No. G 11; 19 March 2015, p. 632), which reconstrues references to Department names;

the Administrative Arrangements Order (No. 222) 2016 (Government Gazette No. G 23; 9 June 2016, p. 1423), which reconstrues references to Department names;

the Administrative Arrangements Order (No. 223) 2016 (Government Gazette No. G 39; 29 September 2016, p. 2460) which reconstrues a reference to the Secretary, Department of Justice and Regulation to the Chief Executive Officer of Court Services Victoria.

Schedule 3—Repeal of Acts

The Acts set out in Schedule 3 are spent or redundant in their operation.

The Acts to be repealed fall into 3 categories—

1 Spent Principal Acts

The 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, these Acts—

1.1 Coal Mines (Pensions) Act 1958 (No. 6221)

This Act provided pensions for retired mine workers and mine workers who had ceased working due to permanent incapacity including amounts for dependants. The widows and dependants of deceased mine workers receiving a pension under the 1958 Act could also be paid a pension under that Act. There are no longer any persons receiving a pension under the 1958 Act, the last pension having been paid in December 2004. The powers under

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the 1958 Act are no longer required. Any residual rights or liabilities under the 1958 Act will be preserved by section 14 of the Interpretation of Legislation Act 1984. The 1958 Act can be repealed.

1.2 Serpell Joint Schools Act 1981 (No. 9636)

This Act was enacted to ratify and validate an Agreement between the Minister of Education, the Roman Catholic Trusts Corporation for the Diocese of Melbourne (the RCTC), the Mayor of the City of Doncaster and Templestowe (the Council) and the Serpell Community Project Pty Ltd (the Company). The Agreement provided for certain land (the land) to be transferred from the State and the RCTC to the Company. The State was to arrange for the construction of a building on the land to be used by a State school and a Catholic school (the schools) and others. The State, the RCTC and the Council were to each pay for a percentage of the cost of the design and construction of the building. The Council under the Agreement had to construct a recreation reserve and allow the schools access to the reserve. The State, the RCTC and the Council all had to pay, in differing percentages, for the costs incurred by the Company in managing and operating the building. On determination of the Agreement, the State and the RCTC were each deemed to be entitled to certain percentages of the value of the building and the land owned by the company. The Council was deemed to be entitled to a percentage of the value of the building. The Agreement has now been abandoned under a Deed of Release executed in June 2015 by the Minister for Education, the RCTC, the Manningham City Council and the Company. Under the Deed the parties agreed to abandon the Agreement on payment of certain monies and the fulfilment of other obligations. The land has been transferred to the Minister by the Company in accordance with the Deed. The Minister, the Council and the Serpell Primary School Council have entered into a joint use agreement in respect of the building in accordance with the Deed. The Company has been wound up and was deregistered on 5 October 2016 in accordance with the Deed. Certain costs due under the Agreement have been paid by the State and the RCTC to the Company in accordance with the Deed. The Minister paid certain

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amounts to the RCTC in accordance with the Deed on 26 June 2015 and this is the date of abandonment of the Agreement under the Deed. As the Agreement has been abandoned and all obligations under the Agreement and the Deed have been fulfilled, the 1981 Act is redundant and can be repealed.

1.3 The Commercial Bank of Australia Limited (Merger) Act 1982 (No. 9723)

This Act provided for the transfer of the undertakings (property, rights and liabilities) of The Commercial Bank of Australia Ltd and The Commercial Savings Bank of Australia Ltd (the CBA Banks) to the Bank of New South Wales and the Bank of New South Wales Savings Bank Ltd respectively (the NSW Banks). The transfers of the undertakings have taken effect. Provisions in sections 6 and 7 protecting the CBA Banks and the NSW banks from being regarded as being in breach of a contract, confidence or the law because of the 1982 Act are no longer required. Section 12, which provides for power for the CBA Banks to appoint new trustees is not required and also redundant due to the passing of time. Section 15 which protects persons from enquiring into certain matters and dealings or transactions with the CBA Banks or the NSW Banks is no longer required. Any residual or continuing effect of the transitional and savings provisions in the 1982 Act will be preserved by section 14 of the Interpretation of Legislation Act 1984 as will any residual rights and liabilities of the CBA Banks, the NSW Banks and other persons referred to under the 1982 Act. Westpac Group, the successor to the NSW Banks, has been consulted about the repeal of the 1982 Act and has no objection to the repeal of the 1982 Act. The 1982 Act can be repealed.

1.4 Forests (Bowater-Scott Agreement) Act 1986 (No. 71/1986)

This Act ratified an agreement between the Treasurer, the Minister for Conservation, Forests and Lands, the Forests Commission and Bowater-Scott Ltd (Bowater-Scott) for the supply of softwood for certain operations of Bowater-Scott. The agreement was terminated by way of a termination deed dated 25 November 1997 and a report giving details of the termination was laid before each House of Parliament on 17 February 1998. As the

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agreement ratified in the 1986 Act has been terminated, the 1986 Act can be repealed.

1.5 Forests (Victree Forests Agreement) Act 1989 (No. 83/1989)

This Act ratified an agreement between the Minister for Conservation, Forests and Lands, the Director-General of Conservation, Forests and Lands and Victree Forests Pty Ltd (Victree) for the supply of softwood for certain operations of Victree (the agreement). The agreement was terminated by a deed of termination with effect from 1 July 1998 and Victree was deregistered on 1 March 2006. The deed contained a release under which the Victorian Plantations Corporation (the Corporation), being the successor to the Director-General, and Victree agreed not to make any legal claims against each other relating to the agreement other than to make certain payments to each other. In accordance with section 6 of the 1989 Act the Minister caused a report of the termination of the agreement to be laid before each House of Parliament on 20 October 1998. As the agreement ratified in the 1989 Act has been terminated, the 1989 Act can be repealed.

1.6 St George Bank and Advance Bank Australia Act 1998 (No. 51/1998)

This Act was enacted to facilitate the merger between Advance Bank Australia Ltd (Advance) and St. George Bank Ltd (St George). The amount payable by St George to the Treasurer under section 6 has been paid. The powers of the Chief Executive Officer of St George under section 7 to certify certain matters are no longer required and are redundant. Under section 8, land owned by Advance is deemed to be land owned by St George. Section 8 has taken effect. Section 9 relating to legal proceedings and evidence is no longer required. Section 10, which provides that nothing done under the 1998 Act will place persons in breach of a contract, confidence or the law and for other outcomes not to occur, is no longer required. Any residual or continuing effect of transitional and savings provisions in the 1998 Act will be preserved by section 14 of the Interpretation of Legislation Act 1984 as will any residual rights and liabilities of Advance or St George. Westpac Group, the successor to St George, has been

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consulted about the repeal of the 1998 Act and has no objection to the repeal of the 1998 Act. The 1998 Act can be repealed.

1.7 Appropriation (2012/2013) Act 2012 (No. 36/2012)

New appropriation Acts are enacted each year. This appropriation Act is spent in its operation and can be repealed.

1.8 Appropriation (Parliament 2012/2013) Act 2012 (No. 37/2012)


1.9 Appropriation (2013-2014) Act 2013 (No. 38/2013)


1.10 Appropriation (Parliament 2013-2014) Act 2013 (No. 39/2013)


2 Spent amending Acts with transitional, savings or other substantive provisions

The Bill repeals the following amending Acts that contain transitional, savings and other substantive provisions. The amendments or repeals made by these Acts are wholly in operation and have amended or repealed the provisions of Acts they were enacted to amend or repeal. The transitional, savings and other substantive provisions are no longer required because they have taken effect and are spent or they are redundant. Any continuing or residual effect of the transitional and savings provisions will be preserved by section 14 of the Interpretation of Legislation Act 1984—

2.1 Limitation of Actions (Personal Injury Claims) Act 1983 (No. 9884)

This Act amended the Limitation of Actions Act 1958, the Administration and Probate Act 1958 and the Wrongs

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Act 1958 to make provision for extending the period within which actions for damages in respect of personal injuries may be brought. The amendments made by the 1983 Act have all taken effect and are spent. Section 11 contains transitional provisions relating to causes of action under the Acts amended by the 1983 Act. Any residual operation of these provisions will be preserved by section 14(2A) of the Interpretation of Legislation Act 1984. The 1983 Act can be repealed.

2.2 Constitution (Duration of Parliament) Act 1984 (No. 10106)

This Act amended the Constitution Act 1975 and the Constitution Act Amendment Act 1958 (since repealed) with respect to the duration of the Legislative Assembly, the tenure of members of the Legislative Council and the dissolution of the Legislative Assembly and for other purposes. The amendments made by the 1984 Act have all taken effect and are spent. Section 8 contains a savings provision deeming the date that a member of the Council ceased to hold their seat to be the date that the member would have ceased to hold the seat despite amendments under the 1984 Act for the purposes of calculating the member's benefits under Part II of the Parliamentary Salaries and Superannuation Act 1968. This provision is redundant and any residual operation of section 8 will be preserved by section 14(2A) of the Interpretation of Legislation Act 1984. Section 24 contains a substantive provision requiring that writs for election of the members of the Council were to be issued on the same day as writs for the general election of the Assembly and also that there be a simultaneous election for the Council and the Assembly. The writs for Council members were issued on the same day as the Assembly members on 26 January 1985 and a simultaneous election of both Houses was held on 2 March 1985. Section 24 is therefore redundant. The 1984 Act can be repealed.

2.3 Motor Car (Amendment) Act 1985 (No. 10178)

This Act amended the Motor Car Act 1958 (since repealed) and made consequential amendments to the Transport Act 1983 (since renamed as the Transport (Compliance and Miscellaneous) Act 1983). The amendments made by the 1985 Act have all taken effect and are spent. Section 8 contains substantive evidential provisions relating to alleged offences before

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1985. These provisions are no longer required and are redundant. The 1985 Act can be repealed.

2.4 Taxation Acts (Amendment) Act 1986 (No. 88/1986)

This Act amended the Stamps Act 1958, the Energy Consumption Levy Act 1982, the Financial Institutions Duty Act 1982, the Business Franchise (Tobacco) Act 1974 (all since repealed) and the Business Franchise (Petroleum Products) Act 1979. The amendments made by the 1986 Act have all taken effect and are spent. Sections 11(2), 13(2), 13(3) and 15(2) contain transitional and savings provisions which all relate to the amendments made to the Stamps Act 1958 and which are redundant. The 1986 Act can be repealed.

2.5 Community Services Act 1987 (No. 16/1987)

This Act amended the Community Welfare Services Act 1970 (the Principal Act) to change the name of that Act to the Community Services Act 1970 (its name was later changed again to the Community Services (Attendance at School) Act 1970 which is now repealed). The amendments made by the 1987 Act have all taken effect and are spent. Section 4(2) is a transitional provision that reconstrues references to the Principal Act to the Community Services Act 1970. This provision is no longer required and is redundant. Section 13(2) is a transitional provision that deems a reference to the Principal Act in certain unproclaimed provisions of the Penalties and Sentences (Youth Attendance Projects) Act 1984 (since repealed) and the Young Offenders (Interstate Transfer) Act 1986 (to be repealed by this Act) to be a reference to the Community Services Act 1970. This provision is no longer required and redundant. The 1987 Act can be repealed.

2.6 Energy Consumption Levy (Amendment) Act 1988 (No. 9/1988)

This Act amended the Energy Consumption Levy Act 1982 (since repealed) to limit the application of the 1982 Act to the State Electricity Commission of Victoria. The amendments in section 4 have taken effect and are

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spent. Section 5 contains transitional provisions that are redundant. The 1988 Act can be repealed.

2.7 Deputy Ombudsman (Police Complaints) Act 1988 (No. 14/1988)

This Act amended the Ombudsman Act 1973 and the Police Regulation Act 1958 (since renamed as the Police Regulation (Pensions) Act 1958) to abolish the Police Complaints Authority, to create the office of the Deputy Ombudsman (Police Complaints) and to make other amendments to those Acts. The amendments made by the 1988 Act have all taken effect and are spent. Section 6 contains transitional and savings provisions which are redundant due to the passing of time. Section 17 contains a transitional provision relating to outstanding complaints made to the Police Complaints Authority before the commencement of the 1988 Act. This provision is redundant due to the passing of time. The 1988 Act can be repealed.

2.8 Interpretation of Legislation (Amendment) Act 1991 (No. 6/1991)

This Act amended the Interpretation of Legislation Act 1984 to make provision concerning the application, adoption or incorporation in subordinate instruments of matter contained in other documents. The amendments made by the 1991 Act have all taken effect and are spent. Section 4 contains validating and transitional provisions and a substantive provision relating to a power to disallow non-complying subordinate instruments made before the commencement of the 1991 Act. These provisions are redundant due to the passing of time. The 1991 Act can be repealed.

2.9 Retail Tenancies (Rent Review) Act 1991 (No. 83/1991)

This Act amended the Retail Tenancies Act 1986 (since repealed). The amendments made by the 1991 Act have all taken effect and are spent. Section 5 contains a transitional provision relating to proceedings commenced before 3 December 1991. This provision is now redundant. The 1991 Act can be repealed.

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2.10 Limitation of Actions (Amendment) Act 1993 (No. 102/1993)

This Act amended the Limitation of Actions Act 1958 to alter the limitations on the recovery of money paid to the State. The amendments made by the 1993 Act have all taken effect and are spent. Section 6 contains a transitional provision which due to the passing of time is redundant. The 1993 Act can be repealed.

2.11 Transport (Amendment) Act 1993 (No. 120/1993)

This Act amended the Transport Act 1983 (since renamed as the Transport (Compliance and Miscellaneous) Act 1983) and the Road Safety Act 1986 to make miscellaneous amendments to those Acts including the abolition of the Road Transport Licensing Tribunal (the Tribunal). The 1993 Act also amended the Limitation of Actions Act 1958 and the Crimes Act 1958. The amendments made by the 1993 Act have all taken effect and are spent. Section 8(2)(f) contains a provision construing references to the Tribunal as references to the Roads Corporation. Any continuing operation of this provision will be preserved by section 14(2A) of the Interpretation of Legislation Act 1984. Sections 55 and 63 contain transitional and savings provisions that are redundant. The 1993 Act can be repealed.

2.12 Road Safety (Amendment) Act 1994 (No. 17/1994)

This Act made amendments to the drink-driving provisions of the Road Safety Act 1986 and the Marine Act 1988 (since renamed the Marine (Drug, Alcohol and Pollution Control) Act 1988). The amendments made by the 1994 Act have taken effect and are spent. Section 23 contains transitional provisions that are redundant due to the passing of time. Any residual operation of these provisions will be preserved by section 14(2A) of the Interpretation of Legislation Act 1984. The 1994 Act can be repealed.

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2.13 Transport (Further Amendment) Act 1994 (No. 60/1994)

This Act amended the Transport Act 1983 (since renamed as the Transport (Compliance and Miscellaneous) Act 1983). The amendments made by the 1994 Act have taken effect and are spent. Section 31 contains transitional and savings provisions which are no longer required and therefore redundant. The 1994 Act can be repealed.

3 Spent amending Acts—wholly in operation

The Bill repeals the following amending Acts which are now wholly in operation and which have amended or repealed the provisions of Acts they were enacted to amend or repeal and are spent. These Acts contain no transitional, savings, validation or other substantive provisions—

3.1 Young Offenders (Interstate Transfer) Act 1986 (No. 47/1986)

This Act amended the Community Welfare Services Act 1970 (which subsequently changed in name to the Community Services Act 1970 and then to the Community Services (Attendance at School) Act 1970 and which is now repealed) to facilitate the transfer to and from and through Victoria of young offenders. The amendments made by the 1986 Act have taken effect and are spent. The 1986 Act can be repealed.

3.2 Snowy Hydro Corporatisation (Parliamentary Approval) Act 2006 (No. 64/2006)

This Act amended the Snowy Hydro Corporatisation Act 1997 to prevent the sale of shares in Snowy Hydro Limited without the approval of both Houses of Parliament. The amendments made by the 2006 Act have all taken effect and are spent. The 2006 Act can be repealed.

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