Statute Law Revision Act 2015 - legislation.vic.gov.auFILE/15-021a.docx · Web viewStatute Law...

Statute Law Revision Act 2015 No. 21 of 2015

TABLE OF PROVISIONSSection Page

1 Purpose 12 Commencement 13 Amendment of Acts 24 Repeal of amending Act 2

Schedule 1—Amendment of Acts 3

1 Aboriginal Lands Act 1970 32 Accident Compensation Act 1985 33 Age of Majority Act 1977 34 Agricultural Industry Development Act 1990 35 Architects Act 1991 36 Assisted Reproductive Treatment Act 2008 37 Australian Consumer Law and Fair Trading Act 2012 38 Australian Crime Commission (State Provisions) Act 2003 39 Children, Youth and Families Act 2005 410 Children, Youth and Families Amendment (Permanent Care

and Other Matters) Act 2014 411 Coal Mines (Pensions) Act 1958 412 Congestion Levy Act 2005 413 Conservation, Forests and Lands Act 1987 414 Country Fire Authority Act 1958 415 Crime Statistics Act 2014 516 Dangerous Goods Act 1985 517 Emergency Management Act 2013 518 Energy Safe Victoria Act 2005 519 Environment Protection and Sustainability Victoria

Amendment Act 2014 520 Filming Approval Act 2014 521 Financial Sector Reform (Victoria) Act 1999 522 Fire Services Property Levy Act 2012 523 Greenhouse Gas Geological Sequestration Act 2008 624 Honorary Justices Act 2014 625 Human Services (Complex Needs) Act 2009 626 Imperial Acts Application Act 1980 627 Improving Cancer Outcomes Act 2014 628 Infringements Act 2006 629 Interpretation of Legislation Act 1984 630 Legal Profession Uniform Law Application Act 2014 6

1

31 Liquor Control Reform Act 1998 732 Magistrates' Court Act 1989 733 Major Transport Projects Facilitation Act 2009 734 Mental Health Act 2014 735 Mutual Recognition (Victoria) Act 1998 736 Occupational Health and Safety Act 2004 737 Parliamentary Committees Act 2003 738 Perpetuities and Accumulations Act 1968 739 Port Management Act 1995 840 Powers of Attorney Act 2014 841 Privacy and Data Protection Act 2014 842 Public Administration Act 2004 843 Public Health and Wellbeing Act 2008 844 Rail Safety (Local Operations) Act 2006 845 Retirement Villages Act 1986 946 Road Management Act 2004 947 Sentencing Act 1991 948 Serious Sex Offenders (Detention and Supervision) Act 2009 949 Sex Work Act 1994 950 Sport and Recreation Act 1972 951 State Employees Retirement Benefits Act 1979 952 Supported Residential Services (Private Proprietors) Act 2010 1053 Sustainable Forests (Timber) Act 2004 1054 Terrorism (Community Protection) Act 2003 1055 Transport (Compliance and Miscellaneous) Act 1983 1056 Transport Integration Act 2010 1057 Transport (Safety Schemes Compliance and Enforcement) Act

2014 1058 Urban Renewal Authority Victoria Act 2003 1159 Veterinary Practice Act 1997 1160 Vexatious Proceedings Act 2014 1161 Victoria Police Act 2013 1162 Victoria Police Amendment (Consequential and Other

Matters) Act 2014 1163 Victorian College of Agriculture and Horticulture Act 1982 1164 Victorian Commission for Gambling and Liquor Regulation

Act 2011 1165 Victorian Inspectorate Act 2011 1266 Victorian Managed Insurance Authority Act 1996 1267 Wildlife Act 1975 1268 Workplace Injury Rehabilitation and Compensation Act 2013 12

═══════════════

Endnotes 13

1 General information 13

Statute Law Revision Act 2015†

No. 21 of 2015

[Assented to 16 June 2015]

The Parliament of Victoria enacts:

1 Purpose

The purpose of this Act is to revise the statute law of Victoria.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on 1 August 2015.

(2) The following items in Schedule 1 are taken to have come into operation on the following dates—

(a) item 9 on 1 July 2014;

(b) item 16 on 1 July 2014;

Victoria

1

(c) item 19 on 29 June 2014;

(d) item 23 on 30 November 2013;

(e) item 62 on 30 June 2014;

(f) item 66 on 1 July 2014.

3 Amendment of Acts

On the commencement of an item in Schedule 1, the Act specified in the heading to that item is amended as set out in that item.

4 Repeal of amending Act

This Act is repealed on 1 August 2016.Note

The repeal of this Act does not affect the repeals or the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

Section Page

2

Schedule 1—Amendment of ActsSection 3

1 Aboriginal Lands Act 1970

In section 11(1)(h), for "Act; and" substitute "Act;".

2 Accident Compensation Act 1985

2.1 In section 91E, in the definition of week in paragraph (d), for "117)" substitute "117".

2.2 In section 92A(8B), for ", each" substitute "each".

2.3 In section 119J(2)(c), for "98A" substitute "98A,".

3 Age of Majority Act 1977

After section 4, the heading "SCHEDULES" is repealed.

4 Agricultural Industry Development Act 1990

After Part 8, the heading "SCHEDULES" is repealed.

5 Architects Act 1991

In section 14(1)(a), for "practise" substitute "practice".

6 Assisted Reproductive Treatment Act 2008

Part 15 is repealed.

7 Australian Consumer Law and Fair Trading Act 2012

Clauses 2, 5 and 6 of Schedule 5 are repealed.

8 Australian Crime Commission (State Provisions) Act 2003

After Part 8, the heading "SCHEDULE" is repealed.

Schedule 1—Amendment of Acts

Statute Law Revision Act 2015No. 21 of 2015

3

9 Children, Youth and Families Act 2005

For section 17(4) substitute—

"(4) The Secretary may, by instrument, delegate to an executive within the meaning of the Public Administration Act 2004 who is employed at the level of EO-2 or above—

(a) the power to approve under section 72P(3) a period of seclusion of more than 24 hours; and

(b) the power to approve under section 488(3) a period of isolation of more than 24 hours.".

10 Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014

In section 38, in proposed section 298(4) of the Children, Youth and Families Act 2005, for "later," substitute "later.".

11 Coal Mines (Pensions) Act 1958

After Part III, the heading "SCHEDULES" is repealed.

12 Congestion Levy Act 2005

In the heading to section 41, after "Taxation" insert "Legislation".

13 Conservation, Forests and Lands Act 1987

In section 60, for "requires,," substitute "requires,".

14 Country Fire Authority Act 1958

After Part VII the heading "SCHEDULE" is repealed.



4

15 Crime Statistics Act 2014

In section 3, in the definition of law enforcement data, for "Commissioner for Law Enforcement Data Security Act 2005" substitute "Privacy and Data Protection Act 2014".

16 Dangerous Goods Act 1985

In section 3(1), for the definition of Authority substitute—

"Authority means the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;".

17 Emergency Management Act 2013

In section 64(1)(e), for "(ii)" (where secondly occurring) substitute "(iii)".

18 Energy Safe Victoria Act 2005


19 Environment Protection and Sustainability Victoria Amendment Act 2014

In section 30, for "Section 71(cb) and (cc)" substitute "Section 71(1)(cb) and (cc)".

20 Filming Approval Act 2014

In section 3, in the definition of filming approval legislation, in paragraph (t) for "Centre 1979" substitute "Centre Act 1979".

21 Financial Sector Reform (Victoria) Act 1999


22 Fire Services Property Levy Act 2012

In section 11(6), for '"consumer' substitute "consumer".



5

23 Greenhouse Gas Geological Sequestration Act 2008

In section 311, for "the Minister" substitute "Minister".

24 Honorary Justices Act 2014

24.1 In section 20(c)(i), for "re appointment" substitute "re-appointment".

24.2 In section 46(4), for "fee, gratuity patronage" substitute "fee, gratuity, patronage".

24.3 In section 53(2), for "justice of peace" substitute "justice of the peace".

25 Human Services (Complex Needs) Act 2009

In section 3, in the definition of Tribunal, for "2014;" substitute "2014.".

26 Imperial Acts Application Act 1980

In Division 1 of Part II, in the entry relating to [1275] 3 Edward I, for "State of Westminster" substitute "Statute of Westminster".

27 Improving Cancer Outcomes Act 2014

In section 26(3), for "an after" substitute "and after".

28 Infringements Act 2006

In section 163A(3)(b) omit "or that member".

29 Interpretation of Legislation Act 1984

In the heading to section 38I (where secondly occurring), for "38I" substitute "38J".

30 Legal Profession Uniform Law Application Act 2014

In section 52(3), for "re-appointment" substitute "reappointment".



6

31 Liquor Control Reform Act 1998

31.1 In section 101B(1)(b) omit "that was".

31.2 In section 148P(e), for "member" substitute "the police officer".

32 Magistrates' Court Act 1989

32.1 In section 3(1), in the definition of excluded judicial officer, for paragraph (b) (where secondly occurring) substitute—

"(c) a Deputy State Coroner;".

32.2 In section 7D(1), for paragraph (b) (where secondly occurring) substitute—

"(c) Deputy State Coroner.".

33 Major Transport Projects Facilitation Act 2009

In section 42A(2)(b) omit "and (2)".

34 Mental Health Act 2014

34.1 In section 145(1)(d), for '"(d)' substitute "(d)".

34.2 In section 145(6), for "be tabled" substitute "to be tabled".

34.3 In section 416(2), after "of the 2014" insert "Act".

35 Mutual Recognition (Victoria) Act 1998

Section 8 is repealed.

36 Occupational Health and Safety Act 2004

In section 138, after "in that section" insert "or".

37 Parliamentary Committees Act 2003

In section 37A(2), for "evidence in" substitute "evidence given in".

38 Perpetuities and Accumulations Act 1968

After section 19, the heading "Consequential" is repealed.



7

39 Port Management Act 1995

In section 5(7) omit "of the Department of Transport, Planning and Local Infrastructure".

40 Powers of Attorney Act 2014

In section 72(1), for "power attorney" substitute "power of attorney".

41 Privacy and Data Protection Act 2014

41.1 For section 13(1)(i) substitute—

"(i) Victoria Police;".

41.2 In section 15(d), for "the police force of Victoria" substitute "Victoria Police".

41.3 In section 62(2) and (4), for "the VCAT" substitute "VCAT".

42 Public Administration Act 2004

42.1 In section 104(3)(f), for "section 66(2)" substitute "section 62".

42.2 In the heading to clause 14 of Schedule 3, for "Service" substitute "Services".

43 Public Health and Wellbeing Act 2008

In section 3(1), in the definition of police officer, for "has the" substitute "has the same".

44 Rail Safety (Local Operations) Act 2006

44.1 In section 3B—

(a) for "an rail" substitute "a rail";

(b) for "an tourist" substitute "a tourist".

44.2 In section 79(2), for "purpose rebutting" substitute "purpose of rebutting".

44.3 In section 86G(2)(a), for "(as the case requires" substitute "(as the case requires)".



8

45 Retirement Villages Act 1986


46 Road Management Act 2004

In section 111(1), in the definition of "C", after "consumer price" insert "index".

47 Sentencing Act 1991

47.1 In section 3(1), in the definition of designated mental health service, for "the section" substitute "section".

47.2 In section 89DD(3), for "member of the police force" substitute "police officer".

47.3 In section 89DG(1)(b), for "member of the police force" substitute "police officer".

47.4 In section 89DG(2)(b), for '89DD(5).".' substitute "89DD(5).".

47.5 In clause 5(c) of Schedule 1, for "(a) (b)" substitute "(a), (b)".

48 Serious Sex Offenders (Detention and Supervision) Act 2009

In section 189(4), in paragraph (d) of the definition of relevant person, for "deliver" substitute "delivers".

49 Sex Work Act 1994

In the heading to section 21K omit "police" (where secondly occurring).

50 Sport and Recreation Act 1972

After section 15A, the heading "SCHEDULE" is repealed.

51 State Employees Retirement Benefits Act 1979

In section 43A(1) omit "(whichever is the later)" (where secondly occurring).



9

52 Supported Residential Services (Private Proprietors) Act 2010

Division 4 of Part 11 is repealed.

53 Sustainable Forests (Timber) Act 2004

In section 3, in the definition of police officer, after "meaning" insert "as".

54 Terrorism (Community Protection) Act 2003

54.1 In section 13R(1), for "member" (where twice occurring) substitute "police officer".

54.2 In section 21X(1)(a), for "member" substitute "police officer".

55 Transport (Compliance and Miscellaneous) Act 1983

55.1 In section 84(v), for 'omitted;"' substitute "omitted.".

55.2 In section 169MA(4), in paragraph (b)(ii) of the definition of reviewable decision, for "to a cancel" substitute "to cancel".

55.3 In section 228RY(5)(a), for "things" substitute "thing".

56 Transport Integration Act 2010


57 Transport (Safety Schemes Compliance and Enforcement) Act 2014

57.1 In section 68(1)—

(a) for "to whom" substitute "on whom";

(b) for "issued" substitute "served".

57.2 In section 82(2)(a), for "of infrastructure" substitute "or infrastructure".



10

58 Urban Renewal Authority Victoria Act 2003

In section 50(1), in the definition of Victorian Building Authority, for 'Authority"' substitute "Authority".

59 Veterinary Practice Act 1997

The heading to Division 2 of Part 10 is repealed.

60 Vexatious Proceedings Act 2014

In section 53, for "a extended" substitute "an extended".

61 Victoria Police Act 2013

In section 10(4)(f), for "Commissioner for Law Enforcement Data Security" substitute "Commissioner for Privacy and Data Protection".

62 Victoria Police Amendment (Consequential and Other Matters) Act 2014

62.1 In item 46.3 of the Schedule, for "section 92(1)(a)" substitute "section 92(a)".

62.2 In item 54.4 of the Schedule, for "2013" (where first occurring) substitute "1958".

62.3 In item 85.1(h) of the Schedule, for "(b)" substitute "(a)".

62.4 In item 184.20(b) of the Schedule—

(a) for "a member" substitute "member";

(b) for "a police" substitute "police".

63 Victorian College of Agriculture and Horticulture Act 1982

Section 7(1)(g) and Schedule One are repealed.

64 Victorian Commission for Gambling and Liquor Regulation Act 2011

Part 10 and the Schedule are repealed.



11

65 Victorian Inspectorate Act 2011

In section 3(1), in the note to the definition of police officer, for "that Act" substitute "that Act)".

66 Victorian Managed Insurance Authority Act 1996

For section 24(2) substitute—

"(2) Nothing in this section affects the application of the Accident Compensation Act 1985, the Workplace Injury Rehabilitation and Compensation Act 2013 or the Transport Accident Act 1986 to a department or participating body.".

67 Wildlife Act 1975

In section 74C(1A), for "and authority" substitute "an authority".

68 Workplace Injury Rehabilitation and Compensation Act 2013

In section 396(5), in the definition of tail claim, for "whenever made" substitute "whenever made—".

═══════════════



12

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


13

http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Council: 11 February 2015

Legislative Assembly: 27 May 2015

The long title for the Bill for this Act was "A Bill for an Act to revise the statute law of Victoria."

Statute Law Revision Act 2015 - legislation.vic.gov.auFILE/15-021a.docx · Web viewStatute Law...

Documents

Transcript of Statute Law Revision Act 2015 - legislation.vic.gov.auFILE/15-021a.docx · Web viewStatute Law...