Victorian Industry Participation Policy (Local Jobs First) Amendment Act 2018
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Victorian Industry Participation Policy (Local Jobs
First) Amendment Act 2018
No. 35 of 2018
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2—Amendment of the Victorian Industry Participation Policy
Act 2003 3
4 Change to title of Principal Act 3
5 New Part heading inserted 3
6 Purposes 3
7 Definitions 3
8 New Part heading inserted 6
9 The Local Jobs First Policy 6
10 New section 4A inserted 7
11 Local Jobs First Policy objectives 7
12 Local Jobs First Policy principles 7
13 Local Jobs First Policy to be consistent with other requirements 8
14 New sections 7A, 7B, 7C, 7D and 7E inserted 8
15 Publication of Local Jobs First Policy 11
16 Agencies to report on compliance with Local Jobs First Policy 11
17 Minister to report on implementation of Local Jobs First Policy 12
18 New Parts 3, 4, 5, 6 and 7 inserted 12
Part 3—Repeal of amending Act 26
19 Repeal of amending Act 26
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Endnotes 27
1 General information 27
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Victorian Industry Participation Policy
(Local Jobs First) Amendment
Act 2018†
No. 35 of 2018
[Assented to 14 August 2018]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are to amend the
Victorian Industry Participation Policy
Act 2003—
(a) to change the title of the Victorian Industry
Participation Policy Act 2003 to the Local
Jobs First Act 2003; and
Victoria
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Part 1—Preliminary
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(b) to provide for the establishment of the office
of a Local Jobs First Commissioner; and
(c) to provide for the development and
implementation of a Local Jobs First
Policy; and
(d) to provide for compliance with and
enforcement of the Local Jobs First
Policy; and
(e) to require reports to Parliament on the
implementation of, and compliance with,
the Local Jobs First Policy.
2 Commencement
This Act comes into operation on the day after
the day on which this Act receives the Royal
Assent.
3 Principal Act
In this Act, the Victorian Industry Participation
Policy Act 2003 is called the Principal Act.
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Part 2—Amendment of the Victorian
Industry Participation Policy Act 2003
4 Change to title of Principal Act
In the title to the Principal Act, for
"Victorian Industry Participation Policy"
substitute "Local Jobs First".
5 New Part heading inserted
Before section 1 of the Principal Act insert
the following Part heading—
"Part 1—Preliminary".
6 Purposes
(1) In section 1(a) of the Principal Act, for
"Victorian Industry Participation Policy"
substitute "Local Jobs First Policy".
(2) In section 1(b) of the Principal Act, for
"it." substitute "it; and".
(3) After section 1(b) of the Principal Act insert—
"(c) to establish the office of the Local Jobs
First Commissioner; and
(d) to confer functions on the Local Jobs First
Commissioner under this Act; and
(e) to provide for compliance with and
enforcement of the Local Jobs First Policy
and Local Industry Development Plans.".
7 Definitions
(1) In section 3(1) of the Principal Act—
(a) insert the following definitions—
"Adverse Publicity Notice means a notice
issued under section 29(1);
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Commissioner means the Local Jobs
First Commissioner appointed under
section 12;
compliance notice means a notice issued
under section 26(1);
Department Head has the same meaning
as in section 4(1) of the Public
Administration Act 2004;
information notice means a notice issued
under section 24(2);
local content means—
(a) goods that are produced by local
industry; or
(b) services that are supplied by local
industry; or
(c) construction activities carried out
by local industry;
Local Industry Development Plan means a
plan submitted under section 7D;
Local Jobs First Policy means the
Local Jobs First Policy referred
to in section 4;
Major Projects Skills Guarantee means
the policy referred in section 4(6);
rural and regional Victoria has the
same meaning as in the Regional
Development Victoria Act 2002;
standard project means the following—
(a) a project with a budget of
$1 million or more that is for
the benefit of an area that is
wholly in rural and regional
Victoria;
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(b) a project with a budget of
$3 million or more that is
for the benefit of an area
that is wholly outside rural
and regional Victoria;
(c) a project with a budget of
$3 million or more that is
for the benefit of an area that
includes rural and regional
Victoria and an area outside
rural and regional Victoria;
(d) any other project with a budget
of less than $3 million declared
by the Minister to be a standard
project under section 7A(1);
strategic project means—
(a) a project with a budget of
$50 million or more; or
(b) any other project with a budget
of less than $50 million declared
by the Minister to be a strategic
project under section 7A(2);
total content means goods, services or
construction activities for a standard
project or a strategic project;
Victorian Industry Participation Policy
means the policy referred to in
section 4(5).";
(b) for the definition of Department
substitute—
"Department means the Department
of Economic Development, Jobs,
Transport and Resources;";
(c) the definition of VIPP is repealed.
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(2) In section 3(2) of the Principal Act, for
"Department of State Development, Business
and Innovation" substitute "Department of
Economic Development, Jobs, Transport and
Resources".
8 New Part heading inserted
After section 3 of the Principal Act insert the
following Part heading—
"Part 2—The Local Jobs
First Policy".
9 The Local Jobs First Policy
(1) For the heading to section 4 of the Principal
Act substitute—
"The Local Jobs First Policy".
(2) In section 4(2) of the Principal Act, for
"Victorian Industry Participation Policy"
substitute "Local Jobs First Policy".
(3) After section 4(3) of the Principal Act insert—
"(4) The Local Jobs First Policy is comprised
of—
(a) the Victorian Industry Participation
Policy; and
(b) the Major Projects Skills Guarantee.
(5) The Victorian Industry Participation
Policy is an industry development policy
designed to ensure small and medium-sized
enterprises are given full and fair opportunity
to compete for Victorian government
contracts.
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(6) The Major Projects Skills Guarantee is a
policy that provides job opportunities for
apprentices, trainees and cadets on high
value construction projects.".
10 New section 4A inserted
After section 4 of the Principal Act insert—
"4A Compliance with Local Jobs First Policy
(1) A person or agency to which the Local Jobs
First Policy applies must comply with the
Local Jobs First Policy.
(2) An agency must ensure that a contract for
a standard project or a strategic project
requires a person providing goods, services
or construction activities under the contract
to comply with the Local Jobs First Policy.
(3) Despite subsections (1) and (2), the
Minister may exempt an agency from
the requirements of the Local Jobs First
Policy in respect of a standard project or a
strategic project if the Minister is satisfied
that exceptional circumstances apply.".
11 Local Jobs First Policy objectives
(1) In the heading to section 5 of the Principal Act,
for "VIPP" substitute "Local Jobs First Policy".
(2) In section 5 of the Principal Act, for "VIPP"
substitute "Local Jobs First Policy".
12 Local Jobs First Policy principles
(1) In the heading to section 6 of the Principal Act,
for "VIPP" substitute "Local Jobs First Policy".
(2) In section 6 of the Principal Act, for "VIPP"
substitute "Local Jobs First Policy".
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13 Local Jobs First Policy to be consistent with other
requirements
(1) In the heading to section 7 of the Principal Act,
for "VIPP" substitute "Local Jobs First Policy".
(2) In section 7 of the Principal Act, for "VIPP"
substitute "Local Jobs First Policy".
14 New sections 7A, 7B, 7C, 7D and 7E inserted
After section 7 of the Principal Act insert—
"7A Power to declare a project a standard
project or a strategic project
(1) The Minister may declare a project with
a budget of less than $3 million to be a
standard project.
(2) The Minister may declare a project with
a budget of less than $50 million to be a
strategic project.
7B Determination of requirements for
strategic projects and standard projects
(1) The Minister must determine local content
requirements for strategic projects.
(2) For the purposes of subsection (1), the
Minister must determine the minimum
percentage of value of the total content of
strategic projects that must be local content.
(3) The minimum percentage determined by
the Minister under subsection (2) must be
no less than—
(a) 90% for a strategic project that is a
construction project; or
(b) 80% for a strategic project that is a
services project or a maintenance
project; or
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(c) 80% for the maintenance or operations
phase of a strategic project.
(4) The Minister may determine other matters
relating to strategic projects, including but
not limited to—
(a) requirements to maximise the use of
steel products produced by local
industry; or
(b) requirements to use a specified amount
of steel products produced by local
industry; or
(c) requirements to maximise the use
of uniform and personal protective
equipment produced by local industry;
or
(d) any other requirements or conditions.
(5) The Minister may determine local content
requirements for standard projects.
(6) The Minister may determine other matters
relating to standard projects, including but
not limited to requirements and conditions.
7C Major Projects Skills Guarantee
requirements
(1) The Major Projects Skills Guarantee applies
to—
(a) standard projects that are construction
projects with a budget of $20 million or
more; and
(b) strategic projects that are construction
projects.
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(2) The Major Projects Skills Guarantee—
(a) requires apprentices, trainees or cadets
to be engaged for a minimum of 10% of
the total number of estimated hours of
work on the project; and
(b) may include other requirements or
conditions determined by the Minister.
7D Local Industry Development Plan
(1) A person tendering for a contract for a
standard project or a strategic project
must submit a plan (a Local Industry
Development Plan) that complies with
subsection (2)—
(a) to the agency responsible for the
project; and
(b) to the Department.
(2) A Local Industry Development Plan
submitted under subsection (1) must—
(a) specify how the requirements of the
Local Jobs First Policy will be met; and
(b) identify total content and local content
for the project; and
(c) include any other matter required to be
included in the Plan by the Local Jobs
First Policy.
(3) An agency must not accept a tender that does
not include a Local Industry Development
Plan.
(4) If a person's tender is accepted, the person
must comply with the Local Industry
Development Plan.
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7E Weighting of commitments to Local Jobs
First Policy
In evaluating a tender for a contract for a
standard project or a strategic project, an
agency must give weighting to the following
parts in the specified amounts—
(a) 10% for industry development,
including commitments made in
relation to the Victorian Industry
Participation Policy;
(b) 10% for job outcomes, including, if
applicable, job outcomes provided by
the Major Projects Skills Guarantee.".
15 Publication of Local Jobs First Policy
(1) In the heading to section 8 of the Principal Act,
for "VIPP" substitute "Local Jobs First Policy".
(2) In section 8 of the Principal Act, for "VIPP"
substitute "Local Jobs First Policy".
16 Agencies to report on compliance with Local Jobs
First Policy
(1) In the heading to section 9 of the Principal Act,
for "VIPP" substitute "Local Jobs First Policy".
(2) In section 9(1) of the Principal Act, for "VIPP"
substitute "Local Jobs First Policy".
(3) After section 9(2) of the Principal Act insert—
"(3) Each agency must provide the information
included in a report under subsection (1) to
the Department no later than 6 weeks after
the end of the financial year to which the
report relates.".
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17 Minister to report on implementation of Local Jobs
First Policy
(1) In the heading to section 10 of the Principal Act,
for "VIPP" substitute "Local Jobs First Policy".
(2) In section 10(1) of the Principal Act, for "VIPP"
substitute "Local Jobs First Policy".
(3) After section 10(2) of the Principal Act insert—
"(2A) The Minister must include in the report
any recommendations made by the
Commissioner under section 28(3)(a).".
18 New Parts 3, 4, 5, 6 and 7 inserted
After section 11 of the Principal Act insert—
"Part 3—Local Jobs First
Commissioner
Division 1—Appointment of Local
Jobs First Commissioner
12 Local Jobs First Commissioner
The Minister may appoint, by instrument, a
person as the Local Jobs First Commissioner
(the Commissioner).
13 Terms and conditions of appointment
(1) The appointment of the Commissioner is to
be for the period, not exceeding 5 years, set
out in the instrument of appointment.
(2) The appointment of the Commissioner is to
be on the terms and conditions set out in the
instrument of appointment.
(3) The Commissioner is entitled to be paid
remuneration and allowances determined
by the Minister.
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(4) The Commissioner may hold office on a
full-time or part-time basis.
(5) The Commissioner may be reappointed.
(6) The Public Administration Act 2004
(other than Part 3 of that Act) applies to the
Commissioner in respect of the office of the
Commissioner.
14 Acting Commissioner
(1) The Minister may appoint a person to act as
the Commissioner—
(a) during a vacancy in the office of the
Commissioner; or
(b) during any period, not exceeding
12 months, when the Commissioner
is absent from duty or, for any other
reason, unable to perform the duties
of that office.
(2) The appointment is to be on the terms and
conditions set out in the instrument of
appointment.
(3) A person acting as the Commissioner has all
the powers and may perform all the functions
and duties conferred by this Act or any other
Act on the Commissioner.
(4) The Minister may revoke the appointment of
a person acting as the Commissioner at any
time.
15 Vacancy and resignation
The Commissioner ceases to hold office if
the Commissioner—
(a) resigns by notice in writing signed
and delivered to the Minister; or
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(b) becomes insolvent under
administration; or
(c) is convicted of an indictable offence
or an offence that, if committed in
Victoria, would be an indictable
offence; or
(d) nominates for election for or is elected
to—
(i) the Parliament of Victoria or of
the Commonwealth or of another
State or a Territory; or
(ii) a Council, within the meaning of
the Local Government Act 1989;
or
(e) is removed from office under
section 16.
16 Removal from office
The Minister may remove the Commissioner
from office on any of the following
grounds—
(a) any neglect of the Commissioner in
carrying out the duties of office;
(b) any misconduct by the Commissioner
in carrying out the duties of office;
(c) an inability of the Commissioner to
perform the duties of office;
(d) a conflict of interest of the
Commissioner when carrying out the
duties of office;
(e) the Commissioner engaging in paid
employment outside the duties of
office without the Minister's consent.
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Division 2—Powers and functions of
Local Jobs First Commissioner
17 Power of Commissioner
Subject to this Act, the Commissioner has
the power to do all things necessary or
convenient to be done for or in connection
with the functions of the Commissioner
under this Act or any other Act.
18 Functions of Commissioner
The Commissioner has the following
functions—
(a) to promote the Local Jobs First Policy
across agencies and local industry;
(b) to collaborate with agencies and
external service providers to assist
businesses in targeting companies and
workers in specific sectors and regions;
(c) to work with agencies to improve
Victorian industry access to current
and future government procurement
opportunities;
(d) to advocate for the private sector and
local government to procure goods
and services from Victorian industry,
employ local workers and enhance the
skills of local workers;
(e) to work with Victorian industry and
employee organisations to facilitate
collaborations between contractors
and the training sector to build skills
development in relation to project
delivery;
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(f) to provide strategic advice on issues
related to the Local Jobs First Policy,
particularly on actions to grow
participation by local industry in
government activities in the short-term,
medium-term and long-term;
(g) to support the development of and
provide advice on government
procurement policies and initiatives;
(h) to monitor and report on compliance
with the Local Jobs First Policy and
Local Industry Development Plans;
(i) to take enforcement action in relation to
breaches of the Local Jobs First Policy,
Local Industry Development Plans and
this Act;
(j) any other functions conferred on the
Commissioner.
19 Commissioner subject to Ministerial
direction
The Commissioner must exercise the
powers and perform the functions of the
Commissioner under this Act or any other
Act subject to any written directions given
by the Minister.
20 Delegation
The Commissioner may delegate, by
instrument, any power of the Commissioner
under this Act or any other Act, other
than this power of delegation, to any
person who is employed under the Public
Administration Act 2004 and has the
necessary skills to exercise that power.
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21 Assistance to be provided
(1) The Commissioner may make a request
in writing to the Department Head for
assistance in connection with the reasonable
performance of the Commissioner's
functions.
(2) The Department Head must ensure that
the Commissioner is provided with
any assistance that the Commissioner
reasonably requires.
Part 4—Requests for information
from agencies
22 Requests for information from agencies
(1) If the Commissioner believes on reasonable
grounds that an agency has information or a
document that is relevant to the performance
of the functions of the Commissioner, the
Commissioner may request in writing that
the agency provide the specified information
or specified document to the Commissioner.
(2) An agency that receives a written request for
information or a document under subsection
(1) may provide the specified information or
specified document to the Commissioner.
23 Audits by agencies
(1) The Commissioner may request an agency—
(a) to conduct an audit in relation to—
(i) compliance by a person or agency
with the Local Jobs First Policy;
or
(ii) compliance by a person with a
Local Industry Development Plan;
and
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(b) to provide to the Commissioner a report
on the audit.
(2) The Commissioner may impose terms of
reference or other requirements in relation
to an audit conducted by an agency under
subsection (1).
Part 5—Enforcement of Local Jobs
First Policy and other matters
Division 1—Information gathering
and compliance powers
24 Power to request information or
documents from persons
(1) This section applies if the Commissioner
believes on reasonable grounds that a person
has information or a document that is
relevant—
(a) to the operation of the Local Jobs First
Policy; or
(b) to a Local Industry Development Plan.
(2) The Commissioner may issue a notice
(an information notice), in writing, to
the person requiring the person to do any
of the following—
(a) give to the Commissioner specified
information, within the period and in
the manner and form specified in the
information notice;
(b) produce to the Commissioner any
document specified in the information
notice, within the period and in the
manner specified in the information
notice;
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(c) make copies of any specified
document and produce the copies to
the Commissioner, within the period
and in the manner specified in the
information notice.
(3) A period specified in subsection (2)(a), (b)
or (c) must be no less than 14 days from
when the information notice is issued.
(4) A person must comply with an information
notice to the extent the person is capable of
doing so.
25 No requirement to pay fees
For the purposes of exercising a power
under section 22 or 24, the Commissioner
is not required to pay any fees.
26 Power to issue a compliance notice
(1) The Commissioner may issue a notice
(a compliance notice), in writing, to a
person if the Commissioner reasonably
believes that the person has—
(a) failed to comply with an information
notice; or
(b) failed to comply with the Local Jobs
First Policy; or
(c) failed to comply with a Local Industry
Development Plan.
(2) A compliance notice may—
(a) require the person to comply with an
information notice within a specified
period; or
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(b) require the person to—
(i) comply with the Local Jobs First
Policy within a specified period;
or
(ii) take specified steps within a
specified period to comply with
the Local Jobs First Policy; or
(c) require the person to—
(i) comply with the Local Industry
Development Plan within a
specified period; or
(ii) take specified steps within a
specified period to comply with
the Local Industry Development
Plan.
(3) A period specified in subsection (2)(a), (b)
or (c) must be no less than 14 days from
when the compliance notice is issued.
27 Responding to a compliance notice
(1) If a person receives a compliance notice
and disagrees with the compliance notice,
the person has 14 days from the date of the
receipt of the compliance notice to provide
a written response to the Commissioner
outlining the person's reasons for disagreeing
with the compliance notice.
(2) After considering a response under
subsection (1), the Commissioner may,
by notice in writing—
(a) withdraw the compliance notice; or
(b) confirm the compliance notice.
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(3) If the compliance notice is confirmed—
(a) the notice must specify a period within
which the person must comply; and
(b) the person must comply within that
period.
28 Commissioner may make determination
(1) This section applies if the Commissioner has
issued a compliance notice to a person under
section 26(1) and—
(a) the Commissioner has not received
a response from the person under
section 27(1) within 14 days; or
(b) the Commissioner has received a
response under section 27(1) within
14 days and—
(i) the Commissioner has confirmed
the compliance notice under
section 27(2)(b); and
(ii) the person has failed to comply
with the notice within the period
specified in the notice.
(2) The Commissioner may determine that—
(a) the person has failed to comply with an
information notice; or
(b) the person has failed to comply with the
Local Jobs First Policy; or
(c) the person has failed to comply with a
Local Industry Development Plan.
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(3) If the Commissioner makes a determination
under subsection (2), the Commissioner
may—
(a) recommend to the Minister that the
Minister issue an Adverse Publicity
Notice in accordance with section 29;
and
(b) advise the person and the appropriate
agency of—
(i) the determination; and
(ii) the recommendation that the
Minister issue an Adverse
Publicity Notice.
Note
Section 10(2A) requires the Minister to include
in a report to Parliament recommendations
made under section 28(3)(a).
(4) The person may, within 7 days after the
Commissioner has advised the person of
the determination and recommendation,
respond to the Commissioner, in respect
of the recommendation that an Adverse
Publicity Notice be issued by the Minister.
29 Adverse Publicity Notices
(1) The Minister may issue an Adverse Publicity
Notice in relation to a person—
(a) after receiving a recommendation
under section 28(3)(a) in respect of
the person; or
(b) if the Minister is satisfied that the
person has—
(i) failed to comply with the Local
Jobs First Policy; or
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(ii) failed to comply with a Local
Industry Development Plan.
(2) An Adverse Publicity Notice must—
(a) name the person to whom the Adverse
Publicity Notice relates; and
(b) set out the details of the conduct; and
(c) be published in the prescribed manner.
Division 2—Injunctions or other
enforcement action
30 Commissioner may recommend an agency
seeks an injunction or other enforcement
action
If a person is failing to comply or has failed
to comply with the Local Jobs First Policy
or a Local Industry Development Plan, the
Commissioner may make a recommendation
to the appropriate agency that the agency
seeks compliance with the Local Jobs First
Policy or the Local Industry Development
Plan by—
(a) applying to a court of competent
jurisdiction for an injunction; or
(b) taking enforcement action available
under an applicable contract.
Part 6—General
31 Annual report to Minister
(1) The Commissioner must submit a report
to the Minister on the performance of
functions and the exercise of powers by
the Commissioner under this Act in respect
of each financial year.
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(2) The report must be submitted to the Minister
by no later than 30 August after the end of
each financial year.
32 Immunity
(1) The Commissioner or a person assisting
the Commissioner under section 21 is
not personally liable for anything done
or omitted to be done in good faith—
(a) in the exercise of a power or the
discharge of a duty under this Act
or the regulations; or
(b) in the reasonable belief that the act
or omission was in the exercise of
a power or the discharge of a duty
under this Act or the regulations.
(2) Any liability resulting from an act or
omission that would but for subsection (1)
attach to the Commissioner or a person
assisting the Commissioner under section 21
attaches to the State instead.
Part 7—Transitional provisions
33 Transitional provision—title to Act
On and from the commencement of the
Victorian Industry Participation Policy
(Local Jobs First) Amendment Act 2018,
in any Act, subordinate instrument or other
document, unless the context otherwise
requires, a reference to the Victorian
Industry Participation Policy Act 2003 is
to be construed as a reference to the Local
Jobs First Act 2003.
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Part 2—Amendment of the Victorian Industry Participation Policy Act 2003
Victorian Industry Participation Policy (Local Jobs First) Amendment
Act 2018
No. 35 of 2018
25
Authorised by the Chief Parliamentary Counsel
34 Transitional provision—report under
section 9
(1) This section applies to an agency's report
under section 9 in respect of the financial
year commencing on 1 July 2018.
(2) Despite section 16 of the Victorian
Industry Participation Policy (Local Jobs
First) Amendment Act 2018, the report
must also include the information required
by section 9 (as in force immediately
before its amendment) for the period
commencing on 1 July 2018 and ending
on the commencement of section 16 of the
Victorian Industry Participation Policy
(Local Jobs First) Amendment Act 2018.
35 Transitional provision—report under
section 10
(1) This section applies to a report of the
Minister under section 10 in respect of the
financial year commencing on 1 July 2018.
(2) Despite section 17 of the Victorian
Industry Participation Policy (Local Jobs
First) Amendment Act 2018, the report
must also include the information required
by section 10 (as in force immediately
before its amendment) for the period
commencing on 1 July 2018 and ending
on the commencement of section 17 of the
Victorian Industry Participation Policy
(Local Jobs First) Amendment Act 2018.".
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Part 3—Repeal of amending Act
Victorian Industry Participation Policy (Local Jobs First) Amendment
Act 2018
No. 35 of 2018
26
Authorised by the Chief Parliamentary Counsel
Part 3—Repeal of amending Act
19 Repeal of amending Act
This Act is repealed on the first anniversary
of its commencement.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Endnotes
Victorian Industry Participation Policy (Local Jobs First) Amendment
Act 2018
No. 35 of 2018
27
Authorised by the Chief Parliamentary Counsel
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 20 June 2018
Legislative Council: 26 July 2018
The long title for the Bill for this Act was "A Bill for an Act to amend
the Victorian Industry Participation Policy Act 2003 and for other
purposes."
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