Statute Law Revision Act 2012 No. 43 of 2012

TABLE OF PROVISIONSSection Page

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

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SCHEDULE—Amendment of Acts 3

1 Accident Compensation Act 1985 32 Accident Towing Services Act 2007 33 Alpine Resorts (Management) Act 1997 34 Child Employment Act 2003 35 Children, Youth and Families Amendment (Security of

Youth Justice Facilities) Act 2011 46 Children's Services Amendment Act 2011 47 Conservation, Forests and Lands Act 1987 48 Corporations (Victoria) Act 1990 49 Crimes (Controlled Operations) Act 2004 410 Crimes (Mental Impairment and Unfitness to be Tried)

Act 1997 411 Crimes Act 1958 412 Domestic Animals Act 1994 513 Education and Training Reform Act 2006 514 Electricity Safety Act 1998 515 Emergency Management Legislation Amendment Act 2011 516 Environment Protection Act 1970 517 Evidence (Miscellaneous Provisions) Act 1958 518 Firearms Act 1996 519 Food Act 1984 620 Freedom of Information Act 1982 621 Fundraising Act 1998 622 Gambling Regulation Act 2003 623 Health Professions Registration Act 2005 624 Interpretation of Legislation Act 1984 625 Land Act 1958 726 Liquor Control Reform Act 1998 727 Liquor Control Reform Further Amendment Act 2011 7

1

28 Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 7

29 Marine Safety Act 2010 730 Mineral Resources (Sustainable Development) Act 1990 731 Motor Car Traders Act 1986 732 National Environment Protection Council (Victoria)

Act 1995 833 National Gas (Victoria) Act 2008 834 National Parks Act 1975 835 Offshore Petroleum and Greenhouse Gas Storage Act 2010 836 Ombudsman Act 1973 837 Outworkers (Improved Protection) Act 2003 838 Pipelines Act 2005 939 Planning and Environment Act 1987 940 Prahran Mechanics' Institute Act 1899 941 Rail Safety Act 2006 942 Residential Tenancies Act 1997 943 Resources Legislation Amendment Act 2011 944 Road Safety Act 1986 945 Road Safety Amendment (Hoon Driving and Other

Matters) Act 2011 1046 Sentencing Act 1991 1047 Sentencing Amendment (Community Correction Reform)

Act 2011 1048 Sex Offenders Registration Act 2004 1149 Shop Trading Reform Act 1996 1150 Small Business Commissioner Act 2003 1151 Subordinate Legislation Act 1994 1152 Transport Accident Act 1986 1153 Transport (Compliance and Miscellaneous) Act 1983 1154 Transport Integration Act 2010 1155 Transport Legislation Amendment (Public Transport

Development Authority) Act 2011 1156 Victorian Industry Participation Policy Act 2003 1157 Water Efficiency Labelling and Standards Act 2005 12

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ENDNOTES 13

Statute Law Revision Act 2012†

No. 43 of 2012

[Assented to 27 June 2012]

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 the day after the day on which it receives the Royal Assent.

Victoria

1

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

(a) item 5 on 2 November 2011;

(b) item 6 on 31 December 2011;

(c) item 15 on 2 November 2011;

(d) item 17.1 on 17 March 2010;

(e) item 27 on 19 February 2012;

(f) item 28 on 20 April 2010;

(g) item 43 on 19 October 2011;

(h) item 45.1 on 29 June 2011;

(i) item 47.1 on 15 January 2012;

(j) item 47.3 on 15 January 2012;

(k) item 47.4 on 15 January 2012;

(l) item 47.5 on 15 January 2012;

(m) item 55 on 14 December 2011.

3 Amendment of Acts

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

4 Repeal of repealing Act

This Act is repealed on the first anniversary of the day on which it receives the Royal Assent.

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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Section Page

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s. 3

SCHEDULESection 3

AMENDMENT OF ACTS

1 Accident Compensation Act 1985

1.1 In section 5F(1)(ba), for "so employed." substitute "so employed;".

1.2 In section 7A(5), for '"owner' substitute "owner".

1.3 In section 107A(6)(a), for "Authority" substitute "Authority,".

1.4 In section 135BBA(2)(b) omit "section" (where secondly occurring).

1.5 In section 144(2)(a), for "years." substitute "years;".

2 Accident Towing Services Act 2007

In section 3(1)—

(a) the definitions of towing depot manager accreditation and towing operator accreditation are repealed;

(b) insert the following the definitions—

"towing depot manager accreditation means an accreditation under section 57(2);

towing operator accreditation means an accreditation under section 57(1);".

3 Alpine Resorts (Management) Act 1997

In section 3, in the definition of VicRoads, for "2004;" substitute "2004.".

4 Child Employment Act 2003

4.1 In section 3, in the definition of Department, for "Department of Innovation, Industry and Regional

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Development" substitute "Department of Business and Innovation".

4.2 In section 19A(2)(o), for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation".

5 Children, Youth and Families Amendment (Security of Youth Justice Facilities) Act 2011

In section 1, for "Bill" substitute "Act".

6 Children's Services Amendment Act 2011

In the Schedule, in item 2.2, for "section 182(f)" substitute "section 182(1)(f)".

7 Conservation, Forests and Lands Act 1987

In Schedule 1—

(a) for "Catchment and Land Protection Act 1994" substitute "Catchment and Land Protection Act 1994.";

(b) for "Climate Change Act 2010.." substitute "Climate Change Act 2010.".

8 Corporations (Victoria) Act 1990

In section 26(b), for "ASC" substitute "ASIC".

9 Crimes (Controlled Operations) Act 2004

The headings to Parts 6 and 7 are repealed.

10 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

In section 28A(2), for "Attorney-General" substitute "Attorney-General,".

11 Crimes Act 1958

11.1 The heading to Subdivision (18) of Division 1 of Part III is repealed.

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11.2 In section 464JA(1), in the definition of authorised person, in paragraph (r), for "record." substitute "record;".

12 Domestic Animals Act 1994

In section 85(1), in column 2 of the Table, for "63A 63D," substitute "63A, 63D,".

13 Education and Training Reform Act 2006

In section 3.1.16(1)(aa), before "the chairperson" insert "one is".

14 Electricity Safety Act 1998

In section 120C(1)(b), for "a a" substitute "a".

15 Emergency Management Legislation Amendment Act 2011

In section 32(3), for "19(1)(b)" substitute "19(1)".

16 Environment Protection Act 1970

In section 49A, in the definition of adaptation, for "climactic" substitute "climatic".

17 Evidence (Miscellaneous Provisions) Act 1958

17.1 For section 19B(2) substitute—

"(2) The commissioner presiding at a hearing of a commission may make an order prohibiting the publication of a report of the whole or any part of the proceedings of a hearing or part of a hearing or of any information derived from the hearing or part of it except by, or with the leave of, the commission.".

17.2 The heading to Division 3 of Part II is repealed.

17.3 The note at the foot of the heading to Division 3 of Part II is repealed.

18 Firearms Act 1996

In the heading to section 214, for "Orders Intervention" substitute "Intervention Orders".

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19 Food Act 1984

In section 7A(d), for "councils." substitute "councils;".

20 Freedom of Information Act 1982

20.1 In section 23(1)(c), for "images; or" substitute "images;".

20.2 In section 23(1)(d), for "document; or" substitute "document;".

21 Fundraising Act 1998

In section 3, in paragraph (j) of the definition of public place, for "access." substitute "access—".

22 Gambling Regulation Act 2003

22.1 In section 1.3(1), in the definition of pre-commitment mechanism, for 'machine;".' substitute "machine;".

22.2 In section 3.4.38, in the definition of lobbyist, in paragraph (b), for "client." substitute "client;".

22.3 In section 4.3A.3(8), in the definition of prohibited person, in paragraph (e)(ii) for "member;" substitute "member.".

22.4 The heading to Part 1 of Chapter 12 is repealed.

23 Health Professions Registration Act 2005

Divisions 2 to 4 of Part 11 of the Health Professions Registration Act 2005 are repealed.

24 Interpretation of Legislation Act 1984

In section 44(3), for "done, on" substitute "done on,".

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25 Land Act 1958

25.1 In section 2A—

(a) in the definition of tour operator licence, for "140I." substitute "140I;";

(b) in the definition of Traditional Owner Land Management Board, for "1987;" substitute "1987.".

25.2 Insert the following heading to section 188A—

"Magistrates' Court may order removal of buildings etc.".

26 Liquor Control Reform Act 1998

In section 148T(a), for "1958 or;" substitute "1958; or".

27 Liquor Control Reform Further Amendment Act 2011

In section 14(1), for "22(ca)" substitute "22(1)(ca)".

28 Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010

In section 4(2)(a), for "paragraph (c)" substitute "paragraphs (c)".

29 Marine Safety Act 2010

29.1 In section 389A(1) omit "61A".

29.2 In section 389C(1) omit "61BA".

30 Mineral Resources (Sustainable Development) Act 1990

In section 14(4), for "resource.." substitute "resource.".

31 Motor Car Traders Act 1986

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In section 76(4B), for 'sold.".' substitute "sold.".

32 National Environment Protection Council (Victoria) Act 1995

In section 13(g), for "Association." substitute "Association".

33 National Gas (Victoria) Act 2008

In section 3(1), in the definition of South Australian Act, for "Australia." substitute "Australia;".

34 National Parks Act 1975

34.1 Insert the following heading to section 29—

"Wilsons Promontory National Park".

34.2 In section 29(1), for "Wilson's" substitute "Wilsons".

34.3 In section 37A(5)(a)(i), for "Wilson's" substitute "Wilsons".

34.4 In Part 20 in Schedule Five, for "Wilson's" substitute "Wilsons".

35 Offshore Petroleum and Greenhouse Gas Storage Act 2010

35.1 In section 402(3)(a), for "this section" substitute "section 401".

35.2 In section 407(3)(a), for "this section" substitute "section 406".

36 Ombudsman Act 1973

In section 13(3)(d), for "1994; or" substitute "1994;".

37 Outworkers (Improved Protection) Act 2003

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

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38 Pipelines Act 2005

In the headings to sections 13 and 52, for "adjacent" substitute "offshore".

39 Planning and Environment Act 1987

In Part 4 of Schedule 1, in the example at the foot of clause 4(1)—

(a) for "threshold amount" (where first occurring) substitute "maximum adjusted contribution";

(b) for ' "PTA" is the threshold' substitute ' "PC" is the adjusted contribution'.

40 Prahran Mechanics' Institute Act 1899

In section 14, for "the the" substitute "the".

41 Rail Safety Act 2006

In section 28(1), for "the rail operator carries out" substitute "the accredited rail operator carries out".

42 Residential Tenancies Act 1997

42.1 In section 3(1), in the definition of unregistrable movable dwelling, in paragraph (c), for "dwelling." substitute "dwelling;".

42.2 In section 439M(2)(d), for "section 439H(2); or" substitute "section 439H(2).".

43 Resources Legislation Amendment Act 2011

In section 6, for "exploration and mining" (where twice occurring) substitute "exploration or mining".

44 Road Safety Act 1986

44.1 In section 84C(1), in the definition of Road Rules, for "2009" substitute "2009;".

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44.2 In section 90C(3), for "Commonwealth." substitute "Commonwealth".

45 Road Safety Amendment (Hoon Driving and Other Matters) Act 2011

45.1 In section 20, for "section 103ZC" substitute "section 103ZB".

45.2 In the note at the foot of section 24, for "984" substitute "1984".

46 Sentencing Act 1991

46.1 In section 8J, in the definition of dentist, in paragraph (a)(i), for "student) and;" substitute "student); and".

46.2 In section 143(1), in the definition of old serious suspended sentence order, for "commencement." substitute "commencement;".

46.3 In clause 7(2) of Schedule 3, after "section 12 of" insert "the".

46.4 In clause 9(2) of Schedule 3, after "section 15 of" insert "the".

46.5 In clause 10(2) of Schedule 3, after "section 21 of" insert "the".

47 Sentencing Amendment (Community Correction Reform) Act 2011

47.1 In section 68, for "section 115A" substitute "section 115".

47.2 In section 69, in proposed new section 115D(3) of the Sentencing Act 1991, for "Secretary" (where twice occurring) substitute "the Secretary".

47.3 In the Schedule, in item 4.5, for "268(1)" substitute "268(1)(b)".

47.4 In the Schedule, in item 6.2, for "for the definition" substitute "in the definition".

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47.5 In the Schedule, in item 11.2, for "for the definition" substitute "in the definition".

48 Sex Offenders Registration Act 2004

In section 70J(1)(b), for "2005; or" substitute "2005.".

49 Shop Trading Reform Act 1996

After section 11, the heading "SCHEDULES" is repealed.

50 Small Business Commissioner Act 2003

In section 5(5) and (6), for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation".

51 Subordinate Legislation Act 1994

In section 16A(1), for "subsections (2) and (3)" substitute "subsection (2)".

52 Transport Accident Act 1986

In section 40(2)(b), after "under" (where first occurring) insert "section".

53 Transport (Compliance and Miscellaneous) Act 1983

In section 309(1)(b) omit "taken".

54 Transport Integration Act 2010

In section 251(1)(a), for "property rights" substitute "property, rights".

55 Transport Legislation Amendment (Public Transport Development Authority) Act 2011

In section 4, for "After Part 9" substitute "After Part 8".

56 Victorian Industry Participation Policy Act 2003

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

56.2 In section 3(2), for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation".

57 Water Efficiency Labelling and Standards Act 2005

In section 7(1), in the definition of Commonwealth Act, for "2004" substitute "2005".

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ENDNOTES

Endnotes

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† Minister's second reading speech—

Legislative Council: 1 March 2012

Legislative Assembly: 6 June 2012

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