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Statute Law Revision Bill 2012
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.
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 the Schedule 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 the Schedule below.
Clause 3 provides for the Acts listed in the Schedule to be amended as set
out in that Schedule.
Clause 4 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.
571127 1 BILL LC INTRODUCTION 29/2/2012
SCHEDULE--AMENDMENT OF ACTS
Item 1 Accident Compensation Act 1985
Item 1.1 amends section 5F(1)(ba) to correct a punctuation error.
Item 1.2 amends section 7A(5) to remove an unnecessary double
quotation mark.
Item 1.3 amends section 107A(6)(a) to insert a missing comma.
Item 1.4 amends section 135BBA(2)(b) to omit the repeated
word "section".
Item 1.5 amends section 144(2)(a) to correct a punctuation error.
Item 2 Accident Towing Services Act 2007
This item amends section 3(1) to repeal the definitions of
towing depot manager accreditation and towing operator
accreditation because they are not in correct alphabetical order.
These 2 definitions should appear after all the definitions
beginning with the words "tow truck".
This item also reinserts those same definitions in section 3(1)
and, relying on section 39A of the Interpretation of Legislation
Act 1984, the definitions will be inserted in the correct order.
Item 3 Alpine Resorts (Management) Act 1997
This item amends the definition of VicRoads in section 3 to
correct a punctuation error.
Item 4 Child Employment Act 2003
Item 4.1 amends the definition of Department in section 3, and
item 4.2 amends section 19A(2)(o), to correct a reference to the
Department. These amendments arise from an Order made by
the Governor in Council under section 10(c) of the Public
Administration Act 2004 (see Government Gazette S 485;
2 December 2010, page 2) which changed the name of the
Department of Innovation, Industry and Regional Development
to the Department of Business and Innovation and an
Administrative Arrangements Order (No. 209) 2011
(Government Gazette S 55; 22 February 2011) which reconstrued
the references to the new Department name.
2
Item 5 Children, Youth and Families Amendment (Security of
Youth Justice Facilities) Act 2011
This item amends section 1 to replace the reference to the "Bill"
with a reference to the "Act". This amendment is made
retrospective to 2 November 2011, which is the day on which
the Children, Youth and Families Amendment (Security of
Youth Justice Facilities) Act 2011 received the Royal Assent,
to ensure that section 1 was enacted as intended.
Item 6 Children's Services Amendment Act 2011
This item amends item 2.2 of the Schedule to correct a reference
to section 182(1)(f) of the Children, Youth and Families Act
2005. It was incorrectly referred to as section 182(f).
This amendment is made retrospective to 31 December 2011, the
day before item 2.2 came into operation, to remove any doubt
that the amendment took effect as intended.
Item 7 Conservation, Forests and Lands Act 1987
This item amends Schedule 1 to correct punctuation errors.
Item 8 Corporations (Victoria) Act 1990
This item amends section 26(b) to correct a reference to "ASC"
and change it to "ASIC". This amendment should have been
made in 2001 when all references in the 1990 Act to "ASC" were
changed to "ASIC" to reflect the change in the name of the
Australian Securities Commission to the Australian Securities
and Investments Commission.
Item 9 Crimes (Controlled Operations) Act 2004
This item repeals the headings to Parts 6 and 7. The provisions
in these Parts have all been repealed.
Item 10 Crimes (Mental Impairment and Unfitness to be Tried)
Act 1997
This item amends section 28A(2) to insert a missing comma.
Item 11 Crimes Act 1958
Item 11.1 repeals the heading to Subdivision (18) of Division 1
of Part III. The provisions in that Subdivision were repealed on
1 January 2010.
3
Item 11.2 amends the definition of authorised person in section
464JA(1) to correct a punctuation error.
Item 12 Domestic Animals Act 1994
This item amends the Table in section 85(1) to insert a missing
comma.
Item 13 Education and Training Reform Act 2006
This item amends section 3.1.16(1)(aa) to correct a grammatical
error.
Item 14 Electricity Safety Act 1998
This item amends section 120C(1)(b) to omit the repeated
word "a".
Item 15 Emergency Management Legislation Amendment Act 2011
This item amends section 32(3) to correct a reference to section
19(1) of the Terrorism (Community Protection) Act 2003.
It was incorrectly referred to as section 19(1)(b).
This amendment is made retrospective to 2 November 2011,
the day before section 32(3) came into operation, to remove any
doubt that the amendment took effect as intended.
Item 16 Environment Protection Act 1970
This item amends section 49A to correct a spelling error in the
definition of adaptation.
Item 17 Evidence (Miscellaneous Provisions) Act 1958
Item 17.1 substitutes section 19B(2) as was intended by section
8(2) of the Crimes Legislation Amendment Act 2010 which
has now been repealed. Section 8(2) referred to the Evidence
(Miscellaneous Provisions) Act 1958 by an incorrect title.
This amendment is made retrospective to 17 March 2010, the
day that section 8(2) of the Crimes Legislation Amendment
Act 2010 came into operation, to remove any doubt that the
amendment took effect as intended.
Item 17.2 repeals the heading to Division 3 of Part II.
The provisions in this Part (other than the note that is repealed
by item 17.3) have all been repealed.
Item 17.3 repeals the note at the foot of the heading to Division 3
of Part II. The heading itself is repealed by item 17.2.
4
Item 18 Firearms Act 1996
This item amends the heading to section 214 to correct a
reference to the Stalking Intervention Orders Act 2008.
Item 19 Food Act 1984
This item amends section 7A(d) to correct a punctuation error.
Item 20 Freedom of Information Act 1982
Item 20.1 amends section 23(1)(c) to omit the unnecessary
conjunction "or".
Item 20.2 amends section 23(1)(d) to omit the unnecessary
conjunction "or".
Item 21 Fundraising Act 1998
This item amends the definition of public place in section 3 to
correct a punctuation error in paragraph (j) of that definition.
Item 22 Gambling Regulation Act 2003
Item 22.1 amends the definition of pre-commitment mechanism
in section 1.3(1) to omit unnecessary punctuation.
Item 22.2 amends paragraph (b) of the definition of lobbyist in
section 3.4.38 to correct a punctuation error.
Item 22.3 amends paragraph (e)(ii) of the definition of prohibited
person in section 4.3A.3(8) to correct a punctuation error.
Item 22.4 repeals the heading to Part 1 of Chapter 12.
The provisions in that Part have all been repealed.
Item 23 Health Professions Registration Act 2005
This item repeals Divisions 2 to 4 of Part 11. These Divisions
contain provisions amending other Acts. These provisions have
come into operation and are spent.
Item 24 Interpretation of Legislation Act 1984
This item amends section 44(3) to correct a punctuation error.
Item 25 Land Act 1958
Item 25.1 amends the definitions of tour operator licence and
Traditional Owner Land Management Board in section 2A to
correct punctuation errors.
5
Item 25.2 inserts a new heading to section 188A to correct a case
error.
Item 26 Liquor Control Reform Act 1998
This item amends section 148T(a) to correct a punctuation error.
Item 27 Liquor Control Reform Further Amendment Act 2011
This item amends section 14(1) to correct an incorrect reference
to section 22(ca) of the Liquor Control Reform Act 1998.
The reference should have been to section 22(1)(ca).
This amendment is made retrospective to 19 February 2012, the
day before section 14(1) came into operation, to remove any
doubt that the amendment took effect as intended.
Item 28 Magistrates' Court Amendment (Assessment and Referral
Court List) Act 2010
This item amends section 4(2)(a). Section 4(2) amends the
definition of proper venue in section 3(1) of the Magistrates'
Court Act 1989, however section 4(2)(a) contains an incorrect
reference to "paragraph (c)" rather than "paragraphs (c)".
This amendment is made retrospective to 20 April 2010, the day
before section 4(2) came into operation, to remove any doubt that
the amendment took effect as intended.
Item 29 Marine Safety Act 2010
Item 29.1 omits a duplicate section number to be inserted by
section 389A(1) into the heading of section 61A of the Marine
Act 1988.
Item 29.2 omits a duplicate section number to be inserted by
section 389C(1) into the heading of section 61BA of the Marine
Act 1988.
Sections 389A and 389C were inserted into the Marine Safety
Act 2010 by section 36 of the Transport Legislation
Amendment (Marine Safety and Other Amendments) Act
2011 on 1 January 2012.
Item 30 Mineral Resources (Sustainable Development) Act 1990
This item amends section 14(4) to correct a punctuation error.
6
Item 31 Motor Car Traders Act 1986
This item amends section 76(4B) to omit an unnecessary double
quotation mark.
Item 32 National Environment Protection Council (Victoria) Act 1995
This item amends section 13(g) to omit unnecessary punctuation.
Item 33 National Gas (Victoria) Act 2008
This item amends the definition of South Australian Act in
section 3(1) to correct a punctuation error.
Item 34 National Parks Act 1975
Items 34.1 and 34.2 amend section 29 to correct spelling errors.
Item 34.3 amends section 37A(5)(a)(i) to correct a spelling error.
Item 34.4 amends Part 20 in Schedule Five to correct a spelling
error.
Item 35 Offshore Petroleum and Greenhouse Gas Storage Act 2010
Item 35.1 amends section 402(3)(a) to correct an incorrect
reference. Section 402(3)(a) refers to a direction under that
section, but the direction is given under section 401.
Item 35.2 amends section 407(3)(a) to correct an incorrect
reference. Section 407(3)(a) refers to a direction under that
section, but the direction is given under section 406.
Item 36 Ombudsman Act 1973
This item amends section 13(3)(d) to omit the unnecessary
conjunction "or".
Item 37 Outworkers (Improved Protection) Act 2003
This item amends the definition of Department in section 3 to
correct a reference to a Department. This amendment arose from
an Order made by the Governor in Council under section 10(c) of
the Public Administration Act 2004 (see Government Gazette
S 485; 2 December 2010, page 2) which changed the name of the
Department of Innovation, Industry and Regional Development
to the Department of Business and Innovation and an
Administrative Arrangements Order (No. 209) 2011
(Government Gazette S 55; 22 February 2011) which reconstrued
the references to the new Department name.
7
Item 38 Pipelines Act 2005
This item amends the headings to sections 13 and 52 to update
the term "adjacent area" to "offshore area". This change arose
as a result of the Offshore Petroleum and Greenhouse Gas
Storage Act 2010.
Item 39 Planning and Environment Act 1987
This item amends the example at the foot of clause 4(1) of
Schedule 1 to correct terms used in that example so that they
are consistent with the terms in clause 4(1).
Item 40 Prahran Mechanics' Institute Act 1899
This item amends section 14 to omit the repeated word "the".
Item 41 Rail Safety Act 2006
This item amends section 28(1) to insert the missing word
"accredited".
Item 42 Residential Tenancies Act 1997
Item 42.1 amends paragraph (c) of the definition of unregistrable
movable dwelling in section 3(1) to correct a punctuation error.
Item 42.2 amends section 439M(2)(d) to correct a punctuation
error and omit the unnecessary conjunction "or".
Item 43 Resources Legislation Amendment Act 2011
This item amends section 6. Section 6 amends section 77S of the
Mineral Resources (Sustainable Development) Act 1990 by
replacing various instances of the phrase "an exploration and
mining licence". However, section 77S does not contain this
phrase; it contains the phrase "an exploration or mining licence"
instead. This amendment is made retrospective to 19 October
2011, the day after the Resources Legislation Amendment Act
2011 received the Royal Assent. This is to ensure that section 6
takes effect as intended.
Item 44 Road Safety Act 1986
Item 44.1 amends the definition of Road Rules in section 84C(1)
to insert missing punctuation.
Item 44.2 amends section 90C(3) to omit unnecessary
punctuation.
8
Item 45 Road Safety Amendment (Hoon Driving and Other Matters)
Act 2011
Item 45.1 amends section 20 which inserted section 103ZD in
the Road Safety Act 1986 on 30 June 2011. Section 20 was
expressed to insert section 103ZD after section 103ZC.
However section 103ZC did not exist on 30 June 2011 as it was
not inserted in the Road Safety Act 1986 until 1 July 2011 by
section 39 of the Road Safety Amendment (Hoon Driving) Act
2010. This item amends section 20 so that is expressed to insert
section 103ZD after section 103ZB. This amendment is made
retrospective to 29 June 2011, the day before the day on which
section 20 came into operation, to remove any doubt that the
amendment took effect as intended.
Item 45.2 amends the note at the foot of section 24 to correct the
reference to a year of an Act.
Item 46 Sentencing Act 1991
Item 46.1 amends paragraph (a)(i) of the definition of dentist in
section 8J to correct a punctuation error.
Item 46.2 amends the definition of old serious suspended
sentence order in section 143(1) to correct a punctuation error.
Item 46.3 amends clause 7(2) of Schedule 3 to insert the missing
word "the".
Item 46.4 amends clause 9(2) of Schedule 3 to insert the missing
word "the".
Item 46.5 amends clause 10(2) of Schedule 3 to insert the
missing word "the".
Item 47 Sentencing Amendment (Community Correction Reform)
Act 2011
Item 47.1 amends section 68, which inserts new section 115B in
the Sentencing Act 1991. This amendment corrects an incorrect
reference to the new section being inserted after section 115A of
the Sentencing Act 1991, which at the time of insertion did not
exist. The reference is amended to refer to section 115 instead
of 115A and is made retrospective to 15 January 2012, the day
before the day on which section 68 came into operation, to
remove any doubt that the amendment took effect as intended.
9
Item 47.2 amends section 69, which will insert section 115D(3)
in the Sentencing Act 1991, to insert the missing word "the".
Item 47.3 amends item 4.5 in the Schedule to correct an incorrect
reference to a provision number. Item 4.5 amends a note at the
foot of section 268(1)(b) of the Criminal Procedure Act 2009.
However, the amendment incorrectly refers to the note being at
the foot of section 268(1). This amendment is made retrospective
to 15 January 2012, the day before the day on which item 4.5
came into operation, to remove any doubt that the amendment
took effect as intended.
Item 47.4 amends item 6.2 in the Schedule to correct an incorrect
instruction so that it refers to "in" the definition of prohibited
person in section 3(1) of the Firearms Act 1996 rather than
"for" that definition. This amendment is made retrospective to
15 January 2012, the day before the day on which item 6.2 came
into operation, to remove any doubt that the amendment took
effect as intended.
Item 47.5 amends item 11.2 in the Schedule to correct an
incorrect instruction so that it refers to "in" the definition of
custodial sentence in section 3 of the Serious Sex Offenders
(Detention and Supervision) Act 2009 rather than "for" that
definition. This amendment is made retrospective to 15 January
2012, the day before the day on which item 11.2 came into
operation, to remove any doubt that the amendment took effect
as intended.
Item 48 Sex Offenders Registration Act 2004
This item amends section 70J(1)(b) to omit an unnecessary
conjunction "or" and correct a punctuation error.
Item 49 Shop Trading Reform Act 1996
This item repeals the heading "SCHEDULES", as there are no
longer any Schedules to this Act. The final Schedule was
repealed on 12 February 2008.
Item 50 Small Business Commissioner Act 2003
This item amends section 5(5) and (6) to correct references to a
Department. This amendment arose from an Order made by
the Governor in Council under section 10(c) of the Public
Administration Act 2004 (see Government Gazette S 485;
2 December 2010, page 2) which changed the name of the
10
Department of Innovation, Industry and Regional Development
to the Department of Business and Innovation and an
Administrative Arrangements Order (No. 209) 2011
(Government Gazette S 55; 22 February 2011) which reconstrued
the references to the new Department name.
Item 51 Subordinate Legislation Act 1994
This item amends section 16A(1) to omit a reference to section
16A(3), which does not exist.
Item 52 Transport Accident Act 1986
This item amends section 40(2)(b) to insert the missing word
"section".
Item 53 Transport (Compliance and Miscellaneous) Act 1983
This item amends section 309(1)(b) to omit an unnecessary word.
Item 54 Transport Integration Act 2010
This item amends section 251(1)(a) to insert a missing comma.
Item 55 Transport Legislation Amendment (Public Transport
Development Authority) Act 2011
This item amends section 4 which inserted a new Part 10 in the
Transport Integration Act 2010. Section 4 was expressed to
insert Part 10 after Part 9. However, Part 9 had not been inserted
in the Transport Integration Act 2010 by the date that section 4
came into operation. This item amends section 4 to insert Part 10
after Part 8. (Part 9 has now been inserted after Part 8 and the
positioning of all Parts is correct.) This amendment is made
retrospective to 14 December 2011, the day before the day on
which section 4 came into operation, to remove any doubt that
the amendment took effect as intended.
Item 56 Victorian Industry Participation Policy Act 2003
Item 56.1 amends the definition of Department in section 3(1),
and item 56.2 amends section 3(2), to correct a reference to a
Department. This amendment arose from an Order made by
the Governor in Council under section 10(c) of the Public
Administration Act 2004 (see Government Gazette S 485;
2 December 2010, page 2) which changed the name of the
Department of Innovation, Industry and Regional Development
to the Department of Business and Innovation and an
11
Administrative Arrangements Order (No. 209) 2011
(Government Gazette S 55; 22 February 2011) which reconstrued
the references to the new Department name.
Item 57 Water Efficiency Labelling and Standards Act 2005
This item amends the definition of Commonwealth Act in
section 7(1) to correct an incorrect reference to the year of an
Act.
12