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Statute Law Revision Act 2013 No. 70 of 2013

TABLE OF PROVISIONSSection Page

1 Purpose 12 Commencement 13 Amendment of Acts—General amendments 24 Amendment of Acts—Administrative arrangements 25 Amendment of Acts—Transitional and other provisions 26 Repeal of spent Acts 27 Repeal of amending Act 2

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SCHEDULES 3

SCHEDULE 1—Amendment of Acts—General Amendments 3

1 Assisted Reproductive Treatment Act 2008 32 Associations Incorporation Reform Act 2012 33 Building Act 1993 34 Business Names (Commonwealth Powers) Act 2011 35 Casino (Management Agreement) Act 1993 36 Congestion Levy Act 2005 37 Constitution (Appointments) Act 2009 38 Co-operatives National Law Application Act 2013 39 Corporations (Commonwealth Powers) Act 2001 310 County Court Act 1958 411 Courts (Case Transfer) Act 1991 412 Crimes at Sea Act 1999 413 Crimes (Controlled Operations) Act 2004 414 Dental Hospital Land Act 2011 415 Duties Act 2000 416 Freedom of Information Act 1982 417 Gambling Regulation Act 2003 518 Gas and Fuel Corporation (Heatane Gas) Act 1993 519 Geographic Place Names Act 1998 520 Greenhouse Gas Geological Sequestration Act 2008 521 Heavy Vehicle National Law Application Act 2013 522 Housing Act 1983 523 Independent Broad-based Anti-corruption Commission

Act 2011 5

1

24 Integrity and Accountability Legislation Amendment Act 2012 5

25 Interpretation of Legislation Act 1984 626 Liquor Control Reform Act 1998 627 Magistrates' Court Act 1989 6

47 Transitional provisions—Justice Legislation Amendment Act 2012 6

28 Major Crime (Investigative Powers) Act 2004 629 Major Sporting Events Act 2009 730 Major Transport Projects Facilitation Act 2009 731 Marine Safety Act 2010 732 Medical Research Institutes Repeal Act 2008 733 Melbourne Cricket Ground Act 2009 734 Mineral Resources (Sustainable Development) Act 1990 735 Mineral Resources (Sustainable Development) Amendment

Act 2012 736 Monetary Units Act 2004 737 Motor Car Traders Act 1986 738 Mutual Recognition (Victoria) Act 1998 839 Offshore Petroleum and Greenhouse Gas Storage Act 2010 840 Parliamentary Committees Act 2003 841 Prohibition of Human Cloning for Reproduction Act 2008 842 Property Law Act 1958 843 Public Prosecutions Act 1994 944 Rail Safety National Law Application Act 2013 945 Rain-making Control Act 1967 946 Research Involving Human Embryos Act 2008 947 Resources Legislation Amendment (General) Act 2012 948 Royal Botanic Gardens Act 1991 949 Sentencing Act 1991 1050 Serious Sex Offenders (Detention and Supervision)

Act 2009 1051 Sheriff Act 2009 1052 State Bank (Succession of Commonwealth Bank) Act 1990 1053 State Employees Retirement Benefits Act 1979 1054 Summary Offences Act 1966 1055 Tourist and Heritage Railways Act 2010 1056 Transfer of Land Act 1958 1057 Victorian Commission for Gambling and Liquor

Regulation Act 2011 1158 Victorian Funds Management Corporation Act 1994 1159 Victorian Inspectorate Act 2011 1160 Victorian Institute of Forensic Medicine Act 1985 11

SCHEDULE 2—Amendment of Acts—Administrative Arrangements 12

1 Accident Towing Services Act 2007 122 Agent-General and Commissioners for Victoria Act 2007 123 Agricultural Industry Development Act 1990 124 Agricultural and Veterinary Chemicals (Control of Use)

Act 1992 135 Broiler Chicken Industry Act 1978 136 Bus Safety Act 2009 137 Bus Services Act 1995 138 Child Employment Act 2003 139 Control of Genetically Modified Crops Act 2004 1410 Dairy Act 2000 1411 Domestic Animals Act 1994 1412 Drugs, Poisons and Controlled Substances Act 1981 1413 Duties Act 2000 1414 EastLink Project Act 2004 1515 Electricity Industry Act 2000 1516 Electricity Safety Act 1998 1617 Farm Debt Mediation Act 2011 1618 Fisheries Act 1995 1619 Flora and Fauna Guarantee Act 1988 1620 Forests Act 1958 1621 Geothermal Energy Resources Act 2005 1722 Graffiti Prevention Act 2007 1723 Greenhouse Gas Geological Sequestration Act 2008 1724 Impounding of Livestock Act 1994 1725 Land Conservation (Vehicle Control) Act 1972 1826 Livestock Disease Control Act 1994 1827 Livestock Management Act 2010 1828 Major Transport Projects Facilitation Act 2009 1929 Marine (Drug, Alcohol and Pollution Control) Act 1988 1930 Meat Industry Act 1993 1931 Melbourne City Link Act 1995 1932 Mineral Resources (Sustainable Development) Act 1990 2033 National Electricity (Victoria) Act 2005 2034 Petroleum Act 1998 2035 Pipelines Act 2005 2036 Planning and Environment Act 1987 2137 Plant Biosecurity Act 2010 2238 Port Management Act 1995 2239 Prevention of Cruelty to Animals Act 1986 2240 Rail Safety National Law Application Act 2013 2341 Regional Development Victoria Act 2002 2342 Regional Growth Fund Act 2011 2343 Road Management Act 2004 23

44 Road Safety Act 1986 2445 Safety on Public Land Act 2004 2646 Shop Trading Reform Act 1996 2647 Small Business Commissioner Act 2003 2648 Stock (Seller Liability and Declarations) Act 1993 2749 Sustainable Forests (Timber) Act 2004 2750 Tourist and Heritage Railways Act 2010 2751 Transport Integration Act 2010 2752 Transport (Compliance and Miscellaneous) Act 1983 2753 Very Fast Train (Route Investigation) Act 1989 2854 Veterinary Practice Act 1997 2855 Victorian Industry Participation Policy Act 2003 2856 Water Act 1989 28

SCHEDULE 3—Amendment of Acts—Transitional and Other provisions 30

1 Crimes Act 1958 30585AA Transitional provisions—(Crimes (Theft) Act 1973) 30585AB Transitional provisions—(Crimes (Criminal

Damage) Act 1978) 31585AC Transitional provisions—(Crimes (Classification of

Offences) Act 1981) 32585AD Transitional provisions—(Crimes (Conspiracy and

Incitement) Act 1984) 33585AE Transitional provisions—(Crimes (Custody and

Investigation) Act 1988) 34585AF Transitional provisions—(Crimes (Fingerprinting)

Act 1988) 352 Credit (Administration) Act 1984 35

96 Immunity against civil liability—Credit (Administration) (Amendment) Act 1993 35

SCHEDULE 4—Repeal of Acts 36

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ENDNOTES 38

Statute Law Revision Act 2013†

No. 70 of 2013

[Assented to 19 November 2013]

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 December 2013.

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

(a) item 10 on 9 May 2012;

(b) item 24 on 9 February 2013;

Victoria

1

(c) item 35 on 31 January 2013;

(d) item 47.1 on 30 November 2012;

(e) item 47.2 on 30 November 2012;

(f) item 57.2 on 5 February 2012;

(g) item 59 on 11 February 2013.

3 Amendment of Acts—General amendments

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 Amendment of Acts—Administrative arrangements


5 Amendment of Acts—Transitional and other provisions


6 Repeal of spent Acts

The Acts listed in Schedule 4 (to the extent that they are not already repealed) are repealed.

7 Repeal of amending Act

This Act is repealed on 1 December 2014.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).

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s. 3

SCHEDULES

SCHEDULE 1

Section 3

AMENDMENT OF ACTS—GENERAL AMENDMENTS

1 Assisted Reproductive Treatment Act 2008

Part 16 is repealed.

2 Associations Incorporation Reform Act 2012

Sections 224 and 225 are repealed.

3 Building Act 1993

In section 221ZZZH(2), for "Commission" substitute "Authority".

4 Business Names (Commonwealth Powers) Act 2011

Part 5 is repealed.

5 Casino (Management Agreement) Act 1993

Parts 3 and 4 are repealed.

6 Congestion Levy Act 2005

Part 7 is repealed.

7 Constitution (Appointments) Act 2009

Section 7 is repealed.

8 Co-operatives National Law Application Act 2013

In the note at the foot of section 32(1), for "Co-operative" substitute "Co-operatives".

9 Corporations (Commonwealth Powers) Act 2001


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10 County Court Act 1958

For section 28(1) substitute—

"(1) There shall be payable on every civil proceeding in the court to the registrar or a deputy registrar of the court at or for the place where the proceeding is to be heard such fees as are prescribed; and the fees on every proceeding shall be paid in the first instance by the party on whose behalf such proceeding is to be had on or before such proceeding; and the fees upon execution or commitment, excluding fees payable to the bailiff, shall be paid into court before or at the time of the issue of the writ or other process.".

11 Courts (Case Transfer) Act 1991

Parts 8 and 9 are repealed.

12 Crimes at Sea Act 1999


13 Crimes (Controlled Operations) Act 2004

In section 45(1), for "IBAC" (where twice occurring) substitute "the IBAC".

14 Dental Hospital Land Act 2011

Part 3 is repealed.

15 Duties Act 2000

In section 3(1), the definition of linked entity (where secondly occurring) is repealed.

16 Freedom of Information Act 1982

16.1 In section 63D(4), for "31))" substitute "31)".

16.2 In section 63D(6)(c), after "on behalf" insert "of".

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17 Gambling Regulation Act 2003

For the note at the foot of section 6A.3.8 substitute—"Note

The licence is also subject to the condition specified in section 6A.3.9A.".

18 Gas and Fuel Corporation (Heatane Gas) Act 1993


19 Geographic Place Names Act 1998

Sections 22, 23 and 24 are repealed.

20 Greenhouse Gas Geological Sequestration Act 2008

Division 3 of Part 18 is repealed.

21 Heavy Vehicle National Law Application Act 2013

In section 58, for "commencement day" substitute "the commencement day".

22 Housing Act 1983

In clause 5(1) of Schedule 5, for "a infringement" substitute "an infringement".

23 Independent Broad-based Anti-corruption Commission Act 2011

23.1 In section 3(1), in paragraph (c) of the definition of detained person, for "2005;" substitute "2005; or".

23.2 In section 59(3), after "under" insert "subsection".

23.3 In section 66(1)(b), for "or a proposes" substitute "or proposes".

24 Integrity and Accountability Legislation Amendment Act 2012

In section 27, for "After section 4" substitute "In section 4".

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25 Interpretation of Legislation Act 1984

In section 41(1)—

(a) in paragraph (a) omit "until";

(b) in paragraph (a)(i), for "a person" substitute "until a person".

26 Liquor Control Reform Act 1998

26.1 In section 6(c)(ii), for "person registered" substitute "a person registered".

26.2 In section 35(1A), for "licence" substitute "licence.".

27 Magistrates' Court Act 1989

27.1 In Schedule 8, clause 47 is repealed.

27.2 In Schedule 8, after clause 46 insert—

"47 Transitional provisions—Justice Legislation Amendment Act 2012

This Act as amended by section 7 of the Justice Legislation Amendment Act 2012 applies to any proceeding in the Assessment and Referral Court List, irrespective of whether the offence to which the proceeding relates was alleged to have been committed before, on or after the commencement of that section.".

28 Major Crime (Investigative Powers) Act 2004

28.1 In section 3D(3)(b), for 'application." ' substitute "application".

28.2 In section 10(3A), for "subsection (4)" substitute "subsection (4).".

28.3 In the note at the foot of section 51, for "11(2)(g) and (h)" substitute "section 11(2)(g) and (h)".

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29 Major Sporting Events Act 2009

In section 91(3)(a)—

(a) for "sections, 66(1)" substitute "sections 66(1)";

(b) for "74A 85(1)" substitute "74A, 85(1)".

30 Major Transport Projects Facilitation Act 2009

Section 264 and Schedule 2 are repealed.

31 Marine Safety Act 2010

Chapter 10 is repealed.

32 Medical Research Institutes Repeal Act 2008

Part 4 is repealed.

33 Melbourne Cricket Ground Act 2009


34 Mineral Resources (Sustainable Development) Act 1990

Section 126(1), (2), (3) and (5) are repealed.

35 Mineral Resources (Sustainable Development) Amendment Act 2012

For section 6(1) substitute—

'(1) Insert the following heading to section 110 of the Principal Act—

"Notice requiring authority holder to take action or stop work".'.

36 Monetary Units Act 2004

Sections 13, 14, 15 and 16 and Schedules 1 and 2 are repealed.

37 Motor Car Traders Act 1986

In section 76(4)(a), for "Commonwealth." substitute "Commonwealth".

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38 Mutual Recognition (Victoria) Act 1998

Part 3 is repealed.

39 Offshore Petroleum and Greenhouse Gas Storage Act 2010

39.1 In the table in section 16—

(a) in item 9, for "expired—" substitute "expired";

(b) in item 10, for "expired—" substitute "expired";

(c) in item 16, for "expired—" substitute "expired".

39.2 Section 800 and Schedule 6 are repealed.

39.3 In clause 3 of Schedule 3, in the definition of reviewing authority, for "the Fair Work Australia" substitute "Fair Work Australia".

40 Parliamentary Committees Act 2003

In section 3, in the definition of sub-committee, for "Committee." substitute "Committee;".

41 Prohibition of Human Cloning for Reproduction Act 2008


42 Property Law Act 1958

42.1 After section 160 the heading "Perpetuities" is repealed.

42.2 After section 163 the heading "Accumulations" is repealed.

42.3 In the Fifth Schedule, for "19" substitute "20".

42.4 In the Sixth Schedule, for "19" substitute "20".

42.5 In the Seventh Schedule, for "19" (wherever occurring) substitute "20".

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42.6 In the Eighth Schedule, for "19" (wherever occurring) substitute "20".

42.7 In the Ninth Schedule, for "A.D. 19" substitute "20".

43 Public Prosecutions Act 1994

In section 45F(1), for "as soon practicable" substitute "as soon as practicable".

44 Rail Safety National Law Application Act 2013

44.1 In section 114(1), for "pursuant section 111(1)" substitute "pursuant to section 111(1)".

44.2 In section 114(2), for "pursuant section 111(2)" substitute "pursuant to section 111(2)".

44.3 In section 126(3), for "to be to be" substitute "to be".

44.4 In section 137(1)(a), for "to accredited" substitute "to be accredited".

45 Rain-making Control Act 1967

In section 5(3), for "forwarded to Minister" substitute "forwarded to the Minister".

46 Research Involving Human Embryos Act 2008


47 Resources Legislation Amendment (General) Act 2012

47.1 In section 16, for "or mining licence" substitute "or a mining licence".

47.2 In section 38(2), for "or holder" substitute "or a holder".

48 Royal Botanic Gardens Act 1991


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49 Sentencing Act 1991

In section 10A(1)(d), for "autism" substitute "an autism".

50 Serious Sex Offenders (Detention and Supervision) Act 2009

Divisions 2 and 3 of Part 15 and Schedule 3 are repealed.

51 Sheriff Act 2009

Divisions 1, 2, 3 and 4 of Part 6 are repealed.

52 State Bank (Succession of Commonwealth Bank) Act 1990


53 State Employees Retirement Benefits Act 1979

Section 37(2) is repealed.

54 Summary Offences Act 1966

After section 11 repeal the following heading—

"False Alarms of Fire".

55 Tourist and Heritage Railways Act 2010


56 Transfer of Land Act 1958

In section 4(1)—

(a) the definition of service company is repealed;

(b) insert the following definition—

"service company, in respect of a building subdivision, means a company or other body corporate which was or is formed or incorporated or which operates or is intended to operate for the purpose of carrying out the common purposes of the proprietors of the several stratum

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estates in the subdivision including, without limiting the generality of the foregoing, the provision of common services, the maintenance repair and insurance against fire of the building or buildings as a whole and the control and maintenance of the residual land but does not include an owners corporation within the meaning of the Owners Corporations Act 2006;".

57 Victorian Commission for Gambling and Liquor Regulation Act 2011

57.1 Parts 7, 8 and 9 are repealed.

57.2 In item 4.99 of the Schedule, for "Insert the following heading to Division 7 of Part 2" substitute "For the heading to Division 7 of Part 2 substitute".

58 Victorian Funds Management Corporation Act 1994

Part 6 is repealed.

59 Victorian Inspectorate Act 2011

In item 7(4) of the Schedule, for "82S" substitute "134".

60 Victorian Institute of Forensic Medicine Act 1985

In section 66(1)(m), for "the Coroners Act 2008" substitute "of the Coroners Act 2008".

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SCHEDULE 2

Section 4

AMENDMENT OF ACTS—ADMINISTRATIVE ARRANGEMENTS

1 Accident Towing Services Act 2007

1.1 In section 3(1), in the definition of Department, for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".

1.2 In section 3(5), for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".

2 Agent-General and Commissioners for Victoria Act 2007

2.1 In section 3, in the definition of Secretary, for "Department of Innovation, Industry and Regional Development" substitute "Department of State Development, Business and Innovation".

2.2 In section 10(2), for "Department of Innovation, Industry and Regional Development" substitute "Department of State Development, Business and Innovation".

2.3 In section 13(2), for "Department of Innovation, Industry and Regional Development" substitute "Department of State Development, Business and Innovation".

3 Agricultural Industry Development Act 1990

In section 3, in the definition of Department Head, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".

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4 Agricultural and Veterinary Chemicals (Control of Use) Act 1992

4.1 In section 4(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".

4.2 In section 4(6), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".

5 Broiler Chicken Industry Act 1978

5.1 In section 2, in the definition of Department Head, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".

5.2 In section 5, for "Department of Primary Industries" (where twice occurring) substitute "Department of Environment and Primary Industries".

6 Bus Safety Act 2009

In section 3(1), in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

7 Bus Services Act 1995

In section 3(1), in the definition of Secretary, for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".

8 Child Employment Act 2003

8.1 In section 3, in the definition of Department, for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".

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8.2 In section 19A(2)(o), for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".

9 Control of Genetically Modified Crops Act 2004

In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".

10 Dairy Act 2000


11 Domestic Animals Act 1994



12 Drugs, Poisons and Controlled Substances Act 1981

In section 61(1), in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".

13 Duties Act 2000

In section 47A(1)(b), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

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14 EastLink Project Act 2004

14.1 In section 3(1)—

(a) in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure";

(b) the definition of Secretary to the Department of Sustainability and Environment is repealed;

(c) insert the following definition—

"Secretary to the Department of Environment and Primary Industries means the Department Head of the Department of Environment and Primary Industries".

14.2 In section 40(1), for "Secretary to the Department of Sustainability and Environment" substitute "Secretary to the Department of Environment and Primary Industries".

14.3 In section 221, for "Department of Infrastructure" (where twice occurring) substitute "Department of Transport, Planning and Local Infrastructure".

15 Electricity Industry Act 2000

15.1 In section 40FJ(3), for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".

15.2 In section 40NC(2), for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".

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16 Electricity Safety Act 1998

In section 87(5)(e), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

17 Farm Debt Mediation Act 2011


18 Fisheries Act 1995


18.2 In section 4(1), in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".

19 Flora and Fauna Guarantee Act 1988

19.1 In section 3(1), in the definition of Department, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

19.2 In section 3(3), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

20 Forests Act 1958

20.1 In section 3(1), in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".

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20.2 In section 3A(2)(b), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

20.3 In section 61A, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

20.4 In section 61B, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

20.5 In section 61C, for "Department of Sustainability and Environment" (where twice occurring) substitute "Department of Environment and Primary Industries".

21 Geothermal Energy Resources Act 2005

In section 4(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".

22 Graffiti Prevention Act 2007

In section 25(2A)(a), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

23 Greenhouse Gas Geological Sequestration Act 2008

In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".

24 Impounding of Livestock Act 1994


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25 Land Conservation (Vehicle Control) Act 1972

In section 5(3), for "Department of Natural Resources and Environment" substitute "Department of Transport, Planning and Local Infrastructure".

26 Livestock Disease Control Act 1994



26.3 In section 87(3)(b), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".


26.5 In section 107B(4A)(a), for "Department of Primary Industries or the Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

26.6 In section 107B(4A)(c), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".

27 Livestock Management Act 2010


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28 Major Transport Projects Facilitation Act 2009

In section 3, in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".

29 Marine (Drug, Alcohol and Pollution Control) Act 1988

In section 3(1), in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

30 Meat Industry Act 1993

30.1 In section 3(1), in the definition of chief veterinary officer, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".


30.3 In section 3(1A), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".


31 Melbourne City Link Act 1995

31.1 In section 3, in the definition of Central Plan Office, for "Department of Natural Resources and Environment" substitute "Department of Transport, Planning and Local Infrastructure".

31.2 In section 89, for "Department of Infrastructure" (where twice occurring) substitute "Department of Transport, Planning and Local Infrastructure".

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31.3 In section 93AA, in the definition of Secretary, for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".

32 Mineral Resources (Sustainable Development) Act 1990

32.1 In section 4(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".

32.2 In section 4(2), for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".

32.3 In Schedule 3, in clause 6, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".

33 National Electricity (Victoria) Act 2005

In section 13, in the definition of relevant entity, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

34 Petroleum Act 1998


35 Pipelines Act 2005


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36 Planning and Environment Act 1987

36.1 In section 3(1), in the definition of Department, for "Department of Planning and Community Development" substitute "Department of Transport, Planning and Local Infrastructure".

36.2 In section 3(2), for "Department of Planning and Community Development" substitute "Department of Transport, Planning and Local Infrastructure".

36.3 In section 46ZB(1), for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".

36.4 In section 201R—

(a) in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure";

(b) the definition of Secretary to the Department of Transport is repealed;

(c) insert the following definition—

"Secretary to the Department of Transport, Planning and Local Infrastructure means the Secretary within the meaning of section 3 of the Transport Integration Act 2010;".

36.5 In section 201TC(1)(b), for "Department of Transport" (wherever occurring) substitute "Department of Transport, Planning and Local Infrastructure".

36.6 In section 201TF(6), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

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37 Plant Biosecurity Act 2010


37.2 In section 140, for "Department of Primary Industries" (where twice occurring) substitute "Department of Environment and Primary Industries".

38 Port Management Act 1995

38.1 In section 3(1), in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".

38.2 In section 3(1), in the definition of Secretary, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

38.3 In section 5(7), for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".

38.4 In section 93, for "Secretary to the Department of Natural Resources and Environment" (wherever occurring) substitute "Secretary to the Department of Environment and Primary Industries".

39 Prevention of Cruelty to Animals Act 1986



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40 Rail Safety National Law Application Act 2013

40.1 In section 3(1), in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

40.2 In section 155(2), in paragraph (d) of the definition of Regional Rail Link entity, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

41 Regional Development Victoria Act 2002

In section 7(4), for "Secretary of the Department of Planning and Community Development" substitute "Secretary to the Department of State Development, Business and Innovation".

42 Regional Growth Fund Act 2011

In section 3(1), in the definition of Secretary, for "Department of Planning and Community Development" substitute "Department of State Development, Business and Innovation".

43 Road Management Act 2004

43.1 In section 14(6), for "Secretary to the Department of Sustainability and Environment" substitute "Secretary to the Department of Environment and Primary Industries".

43.2 In section 31(2)(n), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

43.3 In section 48H, in the definition of Secretary, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

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43.4 In clause 1 of Schedule 5A, in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".

43.5 In clause 15(2)(d) of Schedule 5A, for "Secretary to the Department of Sustainability and Environment" substitute "Secretary to the Department of Environment and Primary Industries".

44 Road Safety Act 1986

44.1 In section 3(1), in the definition of Secretary, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

44.2 In section 13(6)(b), for "Department of Transport" (where twice occurring) substitute "Department of Transport, Planning and Local Infrastructure".

44.3 In section 16(2)(b), for "Department of Transport" (where twice occurring) substitute "Department of Transport, Planning and Local Infrastructure".

44.4 In section 33(1), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

44.5 In section 53—

(a) in subsection (2), for "Department of Transport" (where first occurring) substitute "Department of Transport, Planning and Local Infrastructure";

(b) in subsection (2), for "Secretary of the Department of Transport" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure";

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(c) in subsection (3), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

44.6 In section 55(1)—

(a) for "Department of Transport" (where first, second, third and fourth occurring) substitute "Department of Transport, Planning and Local Infrastructure";

(b) for "Secretary of the Department of Transport" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".

44.7 In section 55D(2), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

44.8 In section 55E, for "Department of Transport" (wherever occurring) substitute "Department of Transport, Planning and Local Infrastructure".

44.9 In section 59—

(a) in subsection (1)(a)(i), for "Department of Transport" (where first occurring) substitute "Department of Transport, Planning and Local Infrastructure";

(b) in subsection (1)(a)(i), for "Secretary of the Department of Transport" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure";

(c) in subsection (4)(b)(i), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

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44.10 In section 74(2)—

(a) for "Department of Transport" (where first occurring) substitute "Department of Transport, Planning and Local Infrastructure";

(b) for "Secretary of the Department of Transport" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".

44.11 In section 77, for "Department of Transport" (wherever occurring) substitute "Department of Transport, Planning and Local Infrastructure".

44.12 In section 84, for "Department of Transport" (wherever occurring) substitute "Department of Transport, Planning and Local Infrastructure".

44.13 In section 112(1), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

45 Safety on Public Land Act 2004

In section 7(1C)(a), for "Department of Sustainability and Environment" (where twice occurring) substitute "Department of Environment and Primary Industries".

46 Shop Trading Reform Act 1996

In section 3(1), in the definition of Secretary, for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".

47 Small Business Commissioner Act 2003

In section 5, for "Secretary to the Department of Business and Innovation" (where twice occurring) substitute "Secretary to the Department of State Development, Business and Innovation".

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48 Stock (Seller Liability and Declarations) Act 1993

In section 3(1), in the definition of Secretary and Secretary of the Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".

49 Sustainable Forests (Timber) Act 2004



50 Tourist and Heritage Railways Act 2010

In section 3, in paragraph (b) of the definition of State entity, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

51 Transport Integration Act 2010

51.1 In section 3, in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

51.2 In section 35, for "Secretary to the Department of Transport" (wherever occurring) substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".

52 Transport (Compliance and Miscellaneous) Act 1983

52.1 In section 2(1), in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

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52.2 In section 2(3) for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

53 Very Fast Train (Route Investigation) Act 1989

53.1 In section 7(3)(b), for "Secretary to the Department of Infrastructure" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".

53.2 In section 12(1), for "Secretary to the Department of Infrastructure" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".

53.3 In section 21(a), for "Secretary to the Department of Infrastructure" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".

54 Veterinary Practice Act 1997

In section 3, in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".

55 Victorian Industry Participation Policy Act 2003

55.1 In section 3(1), in the definition of Department, for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".

55.2 In section 3(2), for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".

56 Water Act 1989

56.1 In section 3(1), in the definition of central plan office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".

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56.2 In section 3(1), in the definition of Department, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

56.3 In section 3(1A), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".

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SCHEDULE 3

Section 5

AMENDMENT OF ACTS—TRANSITIONAL AND OTHER PROVISIONS

1 Crimes Act 1958

After section 585 insert—

'585AA Transitional provisions—(Crimes (Theft) Act 1973)

(1) Section 3(1) of the Crimes (Theft) Act 1973 continues in effect despite its repeal.Note

Section 3(1) of the Crimes (Theft) Act 1973 abolished the common law offences of larceny, robbery, burglary, receiving stolen property, obtaining property by threats, extortion by colour of office or franchise, false accounting by public officers, concealment of treasure trove, and except in regard to offences relating to public revenue, cheating, for all purposes not related to offences committed before the commencement of the 1973 Act.

(2) Except as regards offences committed before the commencement of the Crimes (Theft) Act 1973 and except insofar as the context otherwise requires—

(a) references in any enactment passed before the commencement of the Crimes (Theft) Act 1973 to an offence abolished by that 1973 Act shall, subject to any express amendment or repeal made by that 1973 Act, have effect as references to the corresponding offence under Division 2 of Part I of this Act and in any such enactment the expression "receive" (when it relates to an offence of

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receiving) shall mean handle, and "receiver" shall be construed accordingly; and

(b) without prejudice to paragraph (a), references in any enactment, whenever passed, to theft or stealing (including references to stolen goods), and references to robbery, blackmail, burglary, aggravated burglary or handling stolen goods shall be construed in accordance with the provisions of Division 2 of Part I of this Act.

(3) Division 2 of Part I of this Act as re-enacted by the Crimes (Theft) Act 1973, shall, save as otherwise provided by that 1973 Act, have effect only in relation to offences wholly or partly committed on or after the commencement of that 1973 Act.

(4) The re-enactment by this section of sections 3(2) and 4 of the Crimes (Theft) Act 1973 does not affect the operation of any Act enacted after that 1973 Act.

585AB Transitional provisions—(Crimes (Criminal Damage) Act 1978)

(1) The provisions of this Act as in force immediately before the commencement of the Crimes (Criminal Damage) Act 1978 shall apply to and with respect to offences against this Act as so in force committed or alleged to have been committed before the commencement of that 1978 Act.

(2) The provisions of this Act as amended by the Crimes (Criminal Damage) Act 1978 shall apply to and with respect to offences against this Act as so amended committed or alleged

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to have been committed on or after the commencement of that 1978 Act.

(3) Section 3 of the Crimes (Criminal Damage) Act 1978 continues in effect despite its repeal.Note

Section 3 of the Crimes (Criminal Damage) Act 1978 abolished the common law offence of arson for all purposes not related to offences committed before the commencement of that 1978 Act.

(4) The re-enactment by this section of section 1(4) and (5) of the Crimes (Criminal Damage) Act 1978 does not affect the operation of any Act enacted after that 1978 Act.

585AC Transitional provisions—(Crimes (Classification of Offences) Act 1981)

(1) Notwithstanding section 3A(1) of this Act as amended by the Crimes (Classification of Offences) Act 1981, the provisions of that subsection shall apply only in relation to acts of violence occurring after the commencement of the Crimes (Classification of Offences) Act 1981.

(2) Notwithstanding sections 3A(2) and 322D of this Act as amended by the Crimes (Classification of Offences) Act 1981, the felony-murder rule referred to in section 3A(2) shall continue to have full force and effect in relation to acts of violence which occurred before the commencement of the Crimes (Classification of Offences) Act 1981.

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(3) Section 9 of the Crimes (Classification of Offences) Act 1981 continues in effect despite its repeal.Note

Section 9 of the Crimes (Classification of Offences) Act 1981 abolished any power to bring proceedings for an indictable offence by criminal information in the Supreme Court or in the County Court.

(4) The re-enactment by this section of section 3(2) and (3) of the Crimes (Classification of Offences) Act 1981 does not affect the operation of any Act enacted after that 1981 Act.

585AD Transitional provisions—(Crimes (Conspiracy and Incitement) Act 1984)

(1) The abolition of the offence of conspiracy at common law effected by section 321F of this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall not affect—

(a) any proceedings commenced before the commencement of the Crimes (Conspiracy and Incitement) Act 1984; or

(b) any proceedings commenced after the commencement of the Crimes (Conspiracy and Incitement) Act 1984 in respect of an agreement which is alleged to have been made at a time prior to the commencement of that 1984 Act.

(2) The abolition of the offence of incitement at common law effected by section 321L of this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall not affect—

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(a) any proceedings commenced before the commencement of the Crimes (Conspiracy and Incitement) Act 1984; or

(b) any proceedings commenced after the commencement of the Crimes (Conspiracy and Incitement) Act 1984 in respect of an offence of incitement alleged to have been committed at a time prior to the commencement of that 1984 Act.

(3) Subject to subsections (1) and (2), this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall apply to acts done before as well as to acts done after the commencement of that 1984 Act.

(4) The re-enactment by this section of sections 4, 5 and 6 of the Crimes (Conspiracy and Incitement) Act 1984 does not affect the operation of any Act enacted after that 1984 Act.

585AE Transitional provisions—(Crimes (Custody and Investigation) Act 1988)

(1) This Act as amended by sections 4 and 5 of the Crimes (Custody and Investigation) Act 1988 applies to—

(a) persons taken into custody; or

(b) persons questioned; or

(c) persons in respect of whom an application is made under section 464B(1) to a court—

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in a proclaimed region after the commencement of the Crimes (Custody and Investigation) Act 1988.

Note

The whole of Victoria was proclaimed to be a proclaimed region on the same day that the Crimes (Custody and Investigation) Act 1988 commenced.

(2) The re-enactment by this section of section 6(2) of the Crimes (Custody and Investigation) Act 1988 does not affect the operation of any Act enacted after that 1988 Act.

585AF Transitional provisions—(Crimes (Fingerprinting) Act 1988)

(1) This Act as amended by a section of the Crimes (Fingerprinting) Act 1988 or section 11, 12, 13 or 14 of the Crimes Legislation (Miscellaneous Amendments) Act 1989 applies only with respect to fingerprints taken after the commencement of section 9 of the Crimes (Fingerprinting) Act 1988.

(2) The re-enactment by this section of section 9 of the Crimes (Fingerprinting) Act 1988 does not affect the operation of any Act enacted after that 1988 Act.'.

2 Credit (Administration) Act 1984

After section 95 insert—

"96 Immunity against civil liability—Credit (Administration) (Amendment) Act 1993

Despite the repeal of the Credit (Administration) (Amendment) Act 1993 by the Statute Law Revision Act 2013, section 17 of that 1993 Act continues to

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apply as if that 1993 Act had not been repealed.".

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SCHEDULE 4

Section 6

REPEAL OF ACTS

Act No. Title of Act

1942

4885 The Limbless Soldiers Trust Act 1942

1964

7115 R.S.L. Widows and Widowed Mothers' Trust Patriotic Fund Act 1964

1973

8425 Crimes (Theft) Act 1973

1978

9228 Crimes (Criminal Damage) Act 1978

1980

9424 Post-Secondary Education (Amendment) Act 1980

1981

9576 Crimes (Classification of Offences) Act 1981

1984

10079 Crimes (Conspiracy and Incitement) Act 1984

10165 Chinatown Historic Precinct Act 1984

1986

51/1986 Road Construction Authority (Lands) Act 1986

1988

37/1988 Crimes (Custody and Investigation) Act 1988

38/1988 Crimes (Fingerprinting) Act 1988

1990

38/1990 Footscray Land (Amendment) Act 1990

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Act No. Title of Act

1993

72/1993 Credit (Administration) (Amendment) Act 1993

1994

92/1994 Victorian Plantations Corporation (Amendment) Act 1994

1997

97/1997 Epworth Hospital (Amendment) Act 1997 2004

64/2004 National Parks (Additions and Other Amendments) Act 2004

2007

41/2007 Parliamentary Salaries and Superannuation Amendment Act 2007

2009

31/2009 Appropriation (2009/2010) Act 2009

32/2009 Appropriation (Parliament 2009/2010) Act 2009

2011

39/2011 Domestic Animals Amendment (Restricted Breeds) Act 2011

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ENDNOTES

Endnotes


39

† Minister's second reading speech—

Legislative Assembly: 4 September 2013

Legislative Council: 31 October 2013

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

FILE/13-070a.docx · Web viewAct No. Section. Page. Statute Law Revision Act 2013. No. 70 of...

Documents

Transcript of FILE/13-070a.docx · Web viewAct No. Section. Page. Statute Law Revision Act 2013. No. 70 of...