Victorian Numbered Acts

FIRE SERVICES LEVY MONITOR ACT 2012 (NO. 81 OF 2012)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  

   PART 2--THE FIRE SERVICES LEVY MONITOR

   4.      Establishment of office of the Fire Services Levy Monitor  
   5.      Independence of the Monitor  
   6.      Functions of the Monitor  
   7.      Powers of the Monitor  
   8.      Appointment of Fire Services Levy Monitor  
   9.      Appointment of Deputy Fire Services Monitor  
   10.     Cessation of office  
   11.     Removal from office  
   12.     Effect of vacancy in office of the Monitor  
   13.     Power of delegation  
   14.     Staff  
   15.     Consultants  
   16.     Immunity  
   17.     Secrecy  

   PART 3--MONITORING POWERS

   18.     Power to obtain information and documents to monitor compliance  
   19.     Power to obtain information, documents and evidence  
   20.     Powers in relation to documents  
   21.     Copies of seized documents  
   22.     Retention and return of seized documents  
   23.     Magistrates' Court may extend 3 month period  
   24.     Service of documents  
   25.     Information sharing  

   PART 4--PRICE EXPLOITATION AND FALSE, MISLEADING AND DECEPTIVE PRACTICES

           Division 1--Price exploitation

   26.     Price exploitation in relation to the fire services levy reform  
   27.     Price exploitation guidelines  
   28.     Monitor may issue notice to insurance company for a contravention of section 26  
   29.     Monitor may give notice to aid prevention of price exploitation  
   30.     Monitor may monitor prices  

           Division 2--Prohibited conduct

   31.     Prohibition on conduct falsely representing or misleading or deceiving  

           Division 3--Pecuniary penalties

   32.     Pecuniary penalty for contravention of penalty provision  
   33.     Defence to proceedings under section 32 relating to a contravention of section 31  
   34.     What happens if substantially the same conduct is a contravention of section 31 and is an offence?  
   35.     Conduct contravening more than one pecuniary penalty provision  
   36.     Civil evidence and procedure rules for pecuniary penalty order  
   37.     Evidence given in civil proceedings not admissible in criminal proceedings  
   38.     State of mind  
   39.     Pecuniary penalty to be paid into Consolidated Fund  

   PART 5--CODES OF PRACTICE

   40.     Preparation of draft code of practice by the Monitor  
   41.     Consideration of draft code of practice  
   42.     Prescribing codes of practice  
   43.     Offence to breach code of practice  

   PART 6--FIRE SERVICE LEVY DISPUTES

   44.     Making a fire services levy dispute complaint  
   45.     Conciliation and mediation  
   46.     Powers of the Director in relation to certain proceedings  
   47.     Proceedings and costs  

   PART 7--INSPECTION POWERS

           Division 1--Inspectors

   48.     Appointment of inspectors  
   49.     Inspector's identification  
   50.     Production of identification  

           Division 2--Requirements to produce information

   51.     Inspector may seek court order  
   52.     Inspection of documents under court order  
   53.     Notification of execution of court order  

           Division 3--Entry and search of premises with consent

   54.     Entry and search with consent  
   55.     Notice before entry and search  
   56.     Acknowledgement of consent to entry and search  

           Division 4--Entry and search of premises with warrant

   57.     Search warrants  
   58.     Form and content of search warrants  
   59.     Announcement before entry  
   60.     Details of warrant to be given to occupier  
   61.     Seizure of things not mentioned in the warrant  

           Division 5--Documents

   62.     Copies of seized documents  
   63.     Retention and return of seized documents or things  
   64.     Magistrates' Court may extend 3 month period  

           Division 6--Offences

   65.     Refusal or failure to comply with requirement  
   66.     Protection against self-incrimination  
   67.     Offence to give false or misleading information  
   68.     Offence to hinder or obstruct inspector  
   69.     Offence to impersonate inspector  

           Division 7--Miscellaneous

   70.     Entry to be reported to the Monitor  
   71.     Requirement to assist inspector during entry  
   72.     Register of exercise of powers of entry  
   73.     Complaints  
   74.     Service of documents  
   75.     Confidentiality  

   PART 8--REMEDIES AND LEGAL PROCEEDINGS

           Division 1--Substantiation notices

   76.     Monitor may require claim to be substantiated  
   77.     Extending period for complying with substantiation notice  
   78.     Compliance with a substantiation notice  
   79.     False or misleading information  

           Division 2--Compensation orders

   80.     Compensation order on application of injured person or the Monitor  
   81.     Order to redress loss or damage suffered by non-party consumers  
   82.     Determining whether to make an order under section 81(1)  
   83.     When is a non-party consumer bound by an order under section 81  
   84.     What kinds of orders can be made?  
   85.     Power of court to make orders  
   86.     Interaction with Divisions 1 and 3  

           Division 3--General

   87.     Prosecutions of offences  
   88.     Who can bring proceedings for offences?  
   89.     Contraventions by bodies corporate  
   90.     Conduct by officers, employees or agents  
   91.     Interpretation  
   92.     Undertakings  
   93.     Copy of undertaking  
   94.     Register of undertakings  
   95.     Injunctions to restrain conduct  
   96.     Injunctions to do an act or thing  
   97.     Interim injunctions  
   98.     Power to rescind or vary injunctions  
   99.     Undertakings as to costs  
   100.    Powers of court if requirement of Monitor or inspector not complied with  
   101.    Non-punitive orders—Corrective advertising orders  
   102.    Punitive orders—Adverse publicity orders  
   103.    Defences  
   104.    Findings in proceedings to be evidence  
   105.    Orders against persons found to have contravened this Act  
   106.    Public warning statements  
   107.    Complaints and evidence are privileged  

   PART 9--GENERAL

   108.    When is a person not liable?  
   109.    Power to make request to the Essential Services Commission  
   110.    Report  
   111.    Regulations  
   112.     Amendment of the Australian Consumer Law and Fair Trading Act 2012  
   113.    Amendment of the Essential Services Commission Act 2001  
   114.    Amendment of the Fire Services Property Levy Act 2012  
   115.    Amendment of Public Administration Act 2004  
   116.    Transitional provisions  
   117.    Sunset  
           ENDNOTES