Consumer Acts and Other Acts Amendment Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 4 3 Power to obtain information, documents and evidence 4 4 Entry and search with consent 4 5 Notice before entry and search 5 6 Acknowledgement of consent to entry and search 5 7 Powers during emergency entry 5 8 Entry without consent or warrant 5 9 Search warrants 5 10 Form and content of search warrants 6 11 New section 158A inserted 7 12 Protection against self-incrimination 9 13 Undertakings 9 14 Sections 201 to 207 substituted 10 15 Undertakings as to damages and costs 13 16 New section 210A inserted 13 17 Orders to prohibit payment of money or transfer of other property 15 18 Findings in proceedings to be evidence 15 19 Orders against persons found to have contravened this Act 15 20 New section 216A inserted 15 21 Disapplication of certain provisions to Australian Consumer Law (Victoria) 16 22 Schedule 1 amended 16 Part 3—Amendment of other Acts 17 Division 1—Associations Incorporation Reform Act 2012 17 23 Removal from and vacation of office 17 -- 1 of 30 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 2—Residential Tenancies Act 1997 17 24 Service of documents 17 25 References to Fair Trading Act 1999 substituted 18 26 References to municipal council substituted 18 Division 3—Retirement Villages Act 1986 19 27 Definitions 19 28 Residents committee 19 29 By-laws 19 30 Increases in maintenance charge 19 31 New section 38AA inserted 20 32 Maintenance charges—former non-owner residents 21 33 Payments to owner residents 21 Division 4—Sale of Land Act 1962 and Property Law Act 1958 22 34 Heading to Subdivision 5 of Division 4 of Part I amended 22 35 Legal practitioner not to act for both vendor and purchaser under a terms contract 22 36 Provisions as to contracts 22 Division 5—Sex Work Act 1994 23 37 Definitions 23 38 Sex workers and clients must adopt safer sex practices 23 39 Permitting sex worker infected with a disease to work in a brothel etc. 23 40 Sex worker working while infected with a disease 24 41 New section 20A inserted 24 42 Disciplinary powers of Tribunal 25 43 Reference to Commonwealth Department of Immigration and Citizenship substituted 25 Division 6—Second-Hand Dealers and Pawnbrokers Act 1989 25 44 Determination of disciplinary measures by Tribunal 25 Division 7—State Trustees (State Owned Company) Act 1994 26 45 Continued application of the Trustee Companies Act 1984 26 Part 4—Repeal 27 46 Repeal of amending Act 27 ═══════════════ Endnotes 28 1 General information 28 -- 2 of 30 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Consumer Acts and Other Acts Amendment Act 2016† No. 23 of 2016 [Assented to 10 May 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Australian Consumer Law and Fair Trading Act 2012 to better align the provisions relating to enforcement and remedies with the equivalent provisions of the Australian Consumer Law (Victoria) and Victoria -- 3 of 30 -- Part 1—Preliminary Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 2 Authorised by the Chief Parliamentary Counsel the Competition and Consumer Act 2010 of the Commonwealth; and (b) to amend the Associations Incorporation Reform Act 2012 to provide that a committee member of an incorporated association vacates that office if the member is disqualified from managing a corporation or a co-operative; and (c) to amend the Residential Tenancies Act 1997 to make express provision for the service of documents by electronic communication; and (d) to amend the Retirement Villages Act 1986— (i) to relocate from the regulations into that Act the formula for the calculation of the adjusted maintenance charge for a financial year for a retirement village; and (ii) to make other amendments to improve the consistency of terminology used in that Act; and (e) to amend the Sale of Land Act 1962 to apply to conveyancers the same restrictions that apply to legal practitioners in relation to acting for both the vendor and purchaser under a terms contract; and (f) to amend the Property Law Act 1958 to apply to conveyancers the same conditions that apply to legal practitioners in relation to the payment by a purchaser of costs and expenses under a contract for the sale of land; and -- 4 of 30 -- Part 1—Preliminary Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 3 Authorised by the Chief Parliamentary Counsel (g) to amend the Sex Work Act 1994— (i) to change all references to a sexually transmitted disease to a reference to a sexually transmissible infection; and (ii) to provide that action may be taken under that Act against a person who is not a licensee if the person was a licensee at the time the grounds for taking the action existed; and (h) to amend the Second-Hand Dealers and Pawnbrokers Act 1989 to provide that action may be taken under that Act against a person who is not a registered second-hand dealer or an endorsed pawnbroker if the person was so registered or endorsed at the time the grounds for taking the action existed; and (i) to amend the State Trustees (State Owned Company) Act 1994 to remove the requirement for State Trustees to make a declaration to the Director of Consumer Affairs Victoria. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 30 September 2016, it comes into operation on that day. -- 5 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 3 Power to obtain information, documents and evidence After section 126(2) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(2A) The Director may exercise, or continue to exercise, a power under subsection (1) in relation to a matter referred to in that subsection until— (a) the Director commences a proceeding in relation to the matter (other than a proceeding for an injunction, whether interim or final); or (b) the close of pleadings in relation to an application by the Director for a final injunction in relation to the matter.". 4 Entry and search with consent (1) For section 149(2)(c) of the Australian Consumer Law and Fair Trading Act 2012 substitute— "(c) require any document on the premises to be produced for examination and, if the inspector believes on reasonable grounds that the document is connected with the alleged contravention— (i) examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts; or (ii) remove the document for so long as is reasonably necessary to make copies or take extracts from the document.". -- 6 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 5 Authorised by the Chief Parliamentary Counsel (2) In section 149(3) of the Australian Consumer Law and Fair Trading Act 2012, after "image" insert ", audio recording". 5 Notice before entry and search After section 150(b)(iii) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(iiia) that the occupier may refuse to produce any document required to be produced for examination; and". 6 Acknowledgement of consent to entry and search After section 151(2)(a)(iii) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(iiia) that the occupier may refuse to produce any document required to be produced for examination; and". 7 Powers during emergency entry In section 154(2)(b) of the Australian Consumer Law and Fair Trading Act 2012, after "image" insert ", audio recording". 8 Entry without consent or warrant In section 155(2)(f) of the Australian Consumer Law and Fair Trading Act 2012, after "image" insert ", audio recording". 9 Search warrants (1) For section 157(1) of the Australian Consumer Law and Fair Trading Act 2012 substitute— "(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to particular premises if the inspector believes on reasonable grounds that— -- 7 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 6 Authorised by the Chief Parliamentary Counsel (a) there is, or may be within the next 72 hours, on the premises evidence that a person may have contravened this Act or the regulations; or (b) there is evidence in digital or electronic format that a person may have contravened this Act or the regulations which is accessible from the premises.". (2) Section 157(2) of the Australian Consumer Law and Fair Trading Act 2012 is repealed. (3) For section 157(3) of the Australian Consumer Law and Fair Trading Act 2012 substitute— "(3) If a magistrate is satisfied by the evidence, on oath or by affidavit, that there are reasonable grounds to believe that— (a) there is, or may be within the next 72 hours, on the premises a thing, or thing of a particular kind, connected with a contravention of this Act or the regulations; or (b) there is information in digital or electronic format connected with a contravention of this Act or the regulations that is accessible from the premises— the magistrate may issue the search warrant in accordance with the Magistrates' Court Act 1989.". 10 Form and content of search warrants (1) After section 158(1)(b) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(ba) make an image of the hard drive of a computer, or a computer of a particular kind, named or described in the warrant, if the -- 8 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 7 Authorised by the Chief Parliamentary Counsel inspector believes on reasonable grounds that information contained on the hard drive is connected with the alleged contravention; (bb) in the case of information in electronic or digital format described in the warrant that is accessible from the premises, if the inspector believes on reasonable grounds that the information is connected with the alleged contravention— (i) access the information via any computer or other electronic device located on the premises; (ii) download or make an electronic copy of that information; (iii) make or produce a physical copy of that information;". (2) In section 158(1)(c) of the Australian Consumer Law and Fair Trading Act 2012, after "image" insert ", audio recording". 11 New section 158A inserted After section 158 of the Australian Consumer Law and Fair Trading Act 2012 insert— "158A Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device (1) This section applies if a magistrate is satisfied by evidence, on oath or by affidavit, that there are reasonable grounds to believe that there is information in digital or electronic format connected with a contravention of this Act or the regulations that is accessible from particular premises. -- 9 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 8 Authorised by the Chief Parliamentary Counsel (2) Subject to subsection (3), a warrant issued by the magistrate under section 157(3) may authorise the inspector named in the warrant to require a person to provide any information or assistance that is reasonable and necessary to allow the inspector or another person to do one or more of the following things— (a) access information held in, or accessible from, any computer or other electronic device located on the premises; (b) download or make an electronic copy of that information; (c) make or produce a physical copy of that information. (3) The inspector may require a person to provide the information or assistance referred to in subsection (2) if the person— (a) is one of the following— (i) the person alleged to have contravened this Act or the regulations; (ii) the owner or lessee of the computer or other electronic device; (iii) an employee of the owner or lessee of the computer or electronic device; (iv) a person engaged under a contract for services by the owner or lessee of the computer or electronic device; and -- 10 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 9 Authorised by the Chief Parliamentary Counsel (b) has relevant knowledge of— (i) the computer or electronic device or a computer network of which the computer or device forms or formed part; or (ii) measures applied to protect information held in, or accessible from, the computer or electronic device.". 12 Protection against self-incrimination After section 170(2) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(3) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to provide information or assistance that a person is required under section 158A to provide, if the provision of the information or assistance would tend to incriminate the person.". 13 Undertakings (1) Section 198(3) and (4) of the Australian Consumer Law and Fair Trading Act 2012 are repealed. (2) In section 198(5) of the Australian Consumer Law and Fair Trading Act 2012, for "the Magistrates' Court" substitute "a court". (3) In section 198(6) and (7) of the Australian Consumer Law and Fair Trading Act 2012, for "the Magistrates' Court" (wherever occurring) substitute "the court". -- 11 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 10 Authorised by the Chief Parliamentary Counsel 14 Sections 201 to 207 substituted For sections 201 to 207 of the Australian Consumer Law and Fair Trading Act 2012 substitute— "201 Injunctions (1) A court may grant an injunction, in such terms as the court considers appropriate, if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute— (a) a contravention of a provision of this Act; or (b) attempting to contravene such a provision; or (c) aiding, abetting, counselling or procuring a person to contravene such a provision; or (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or (f) conspiring with others to contravene such a provision. (2) The court may grant the injunction on application by the Director or any other person. (3) An application for an injunction under subsection (1) may be made ex parte. -- 12 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 11 Authorised by the Chief Parliamentary Counsel (4) The power of the court to grant an injunction under subsection (1) restraining a person from engaging in conduct may be exercised— (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of a kind referred to in that subsection; and (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind. (5) Without limiting subsection (1), the Supreme Court may grant an injunction under that subsection restraining a person from carrying on a business or supplying goods or services (whether or not as part of, or incidental to, the carrying on of another business)— (a) for a specified period; or (b) except on specified terms and conditions. (6) Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following— (a) institute a training program for the person's employees in relation to compliance with this Act; (b) refund money; (c) transfer property; -- 13 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 12 Authorised by the Chief Parliamentary Counsel (d) disclose information about the person's business activities or business associates; (e) honour a promise; (f) destroy or dispose of goods. (7) The power of the court to grant an injunction under subsection (1) requiring a person to do an act or thing may be exercised— (a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing. 202 Consent injunctions If an application is made under section 201, the court may, if it considers that it is appropriate to do so, grant an injunction under this section by consent of all the parties to the proceeding, whether or not the court is satisfied as required by section 201(1). 203 Interim injunctions If an application is made under section 201, the court, if it considers that it is desirable to do so, may grant an interim injunction under this section pending the determination of the application. -- 14 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 13 Authorised by the Chief Parliamentary Counsel 204 Variation and discharge of injunctions A court may vary or discharge— (a) an injunction that it has granted under section 201 or 202; or (b) an interim injunction that it has granted under section 203.". 15 Undertakings as to damages and costs (1) In section 208(1) of the Australian Consumer Law and Fair Trading Act 2012— (a) omit ", 202 or 203"; (b) omit "the Minister or" (where twice occurring). (2) In section 208(2) of the Australian Consumer Law and Fair Trading Act 2012— (a) for "202 or 203" substitute "201"; (b) omit "the Minister or"; (c) for "the applicant" substitute "the Director". 16 New section 210A inserted After section 210 of the Australian Consumer Law and Fair Trading Act 2012 insert— "210A Non-punitive orders—Other orders (1) A court, on the application of the Director, may make one or more of the orders specified in subsection (3) in relation to a person if the court is satisfied that the person has contravened or has been involved in a contravention of Part 3.1, 4.1 or 6.3. (2) A court may make an order under this section in addition to an order made by the court under section 210. -- 15 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 14 Authorised by the Chief Parliamentary Counsel (3) For the purposes of subsection (1), the court may make the following orders— (a) an order directing the person to perform a specified service, that relates to the conduct, for the benefit of the community or a section of the community; (b) an order for the purpose of ensuring that the person does not engage in the conduct, similar conduct or related conduct during the period of the order (which must not be longer than 3 years) including— (i) an order directing the person to establish a compliance program for employees or other persons involved in the person's business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to such conduct; and (ii) an order directing the person to establish an education and training program for employees or other persons involved in the person's business, being a program designed to ensure the person's awareness of the responsibilities and obligations in relation to such conduct; and (iii) an order directing the person to revise the internal operations of the person's business which led to the person engaging in such conduct.". -- 16 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 15 Authorised by the Chief Parliamentary Counsel 17 Orders to prohibit payment of money or transfer of other property In section 212(8)(b)(i) of the Australian Consumer Law and Fair Trading Act 2012 omit ", 202, 203, 205 or 206". 18 Findings in proceedings to be evidence In section 215(1) of the Australian Consumer Law and Fair Trading Act 2012, for "section 201, 202, 203, 205, 206, 210 or 211" substitute "section 201, 210, 210A or 211". 19 Orders against persons found to have contravened this Act (1) In section 216(1)(a) of the Australian Consumer Law and Fair Trading Act 2012 omit "(the accused)". (2) In section 216(2)(a), (d), (e), (f), (g) and (h) of the Australian Consumer Law and Fair Trading Act 2012, for "accused" substitute "person against whom the proceedings were brought". (3) In section 216(3) of the Australian Consumer Law and Fair Trading Act 2012— (a) for "section 201, 203 or 217" substitute "section 201 or 217"; (b) omit "against an accused". 20 New section 216A inserted After section 216 of the Australian Consumer Law and Fair Trading Act 2012 insert— "216A Declarations (1) A person may commence a proceeding in a court seeking, in relation to a matter arising under this Act, the making of— (a) a declaration in relation to the operation or effect of any provision of this Act; or -- 17 of 30 -- Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012 Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 16 Authorised by the Chief Parliamentary Counsel (b) a declaration in relation to the validity of any act or thing done, proposed to be done or purporting to have been done under this Act. (2) The Director may commence a proceeding in a court seeking, in relation to a matter arising under this Act, the making of a declaration of the kind that may be made under subsection (1)(a).". 21 Disapplication of certain provisions to Australian Consumer Law (Victoria) In section 230 of the Australian Consumer Law and Fair Trading Act 2012 omit "202, 205,". 22 Schedule 1 amended In Schedule 1 to the Australian Consumer Law and Fair Trading Act 2012 omit "Business Names Act 1962". -- 18 of 30 -- Part 3—Amendment of other Acts Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 17 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of other Acts Division 1—Associations Incorporation Reform Act 2012 23 Removal from and vacation of office (1) In section 78(2)(c)(iii) of the Associations Incorporation Reform Act 2012, for "1986;" substitute "1986; or". (2) After section 78(2)(c)(iii) of the Associations Incorporation Reform Act 2012 insert— "(iv) is disqualified from managing corporations under Part 2D.6 of the Corporations Act; or (v) is disqualified from managing Aboriginal and Torres Strait Islander corporations under Part 6-5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; or (vi) is disqualified from managing co-operatives under Division 2 of Part 3.1 of the Co-operatives National Law (Victoria);". Division 2—Residential Tenancies Act 1997 24 Service of documents (1) After section 506(1)(d) of the Residential Tenancies Act 1997 insert— "(da) by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000; or". (2) After section 506(3)(b) of the Residential Tenancies Act 1997 insert— "(ba) by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000; or". -- 19 of 30 -- Part 3—Amendment of other Acts Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 18 Authorised by the Chief Parliamentary Counsel (3) The note at the foot of section 506(3) of the Residential Tenancies Act 1997 is repealed. 25 References to Fair Trading Act 1999 substituted (1) In sections 209(2) and 399A(2) of the Residential Tenancies Act 1997, for "section 105 of the Fair Trading Act 1999" substitute "section 115 of the Australian Consumer Law and Fair Trading Act 2012". (2) In section 510B of the Residential Tenancies Act 1997, in paragraph (a) of the definition of authorised officer, for "Fair Trading Act 1999" substitute "Australian Consumer Law and Fair Trading Act 2012". 26 References to municipal council substituted (1) In section 3(1) of the Residential Tenancies Act 1997, in the definition of public statutory authority, for "municipal council" substitute "Council". (2) In section 516(f) of the Residential Tenancies Act 1997, for "municipal council" substitute "Council". (3) In the heading to section 518F of the Residential Tenancies Act 1997, for "Municipal council" substitute "Council". (4) In section 518F(1) of the Residential Tenancies Act 1997, for "municipal council" (where twice occurring) substitute "Council". (5) In sections 520, 521, 522(1), 524(2) and 525(2) of the Residential Tenancies Act 1997, for "municipal council" substitute "Council". (6) In sections 525(4) and 525(5)(d) of the Residential Tenancies Act 1997, for "municipal council" (where twice occurring) substitute "Council". -- 20 of 30 -- Part 3—Amendment of other Acts Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 19 Authorised by the Chief Parliamentary Counsel (7) In sections 526(5), 526A(3)(b) and 527(1) of the Residential Tenancies Act 1997, for "municipal council" substitute "Council". Division 3—Retirement Villages Act 1986 27 Definitions In section 3(1) of the Retirement Villages Act 1986, in the definition of residence right, for "residential hostel" substitute "residential, hostel". 28 Residents committee (1) In section 36(3) of the Retirement Villages Act 1986, for "meeting of residents" substitute "meeting of the residents". (2) In section 36(6) of the Retirement Villages Act 1986, for "meeting of all the residents living at the retirement village" substitute "meeting of the residents". 29 By-laws In section 37(4) of the Retirement Villages Act 1986, for "meeting of residents" substitute "meeting of the residents". 30 Increases in maintenance charge (1) In section 38(1) of the Retirement Villages Act 1986, in the definition of adjusted maintenance charge, for "the regulations" substitute "section 38AA". (2) In section 38(6)(b)(ii) of the Retirement Villages Act 1986, for "residents meeting" substitute "meeting of the residents". -- 21 of 30 -- Part 3—Amendment of other Acts Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 20 Authorised by the Chief Parliamentary Counsel 31 New section 38AA inserted After section 38 of the Retirement Villages Act 1986 insert— "38AA Formula for calculation of adjusted maintenance charge (1) The adjusted maintenance charge for a relevant financial year for an existing retirement village or a new retirement village that has been in operation for at least one relevant financial year must be determined in accordance with subsection (2). (2) For the purposes of subsection (1), the adjusted maintenance charge must be determined for each relevant financial year for the retirement village in accordance with the formula— C B × A where— A is— (i) subject to subparagraph (ii), the adjusted maintenance charge for the previous relevant financial year for the village; or (ii) in the case of a new retirement village that has been in operation for only one relevant financial year, the maintenance charge for that relevant financial year for the village; B is the sum of the consumer price index numbers for each of the reference periods ending in the previous relevant financial year for the village; -- 22 of 30 -- Part 3—Amendment of other Acts Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 21 Authorised by the Chief Parliamentary Counsel C is the sum of the consumer price index numbers for each of the reference periods ending in the relevant financial year immediately preceding the previous relevant financial year for the village. (3) The amount obtained by the application of the formula set out in subsection (2) may be rounded to the nearest multiple of 10 cents. (4) In this section— consumer price index means the all groups consumer price index for Melbourne in original terms published by the Australian Bureau of Statistics; relevant financial year means, in respect of a retirement village, a period that consists of 12 consecutive months commencing on the date fixed by the manager of the retirement village.". 32 Maintenance charges—former non-owner residents In section 38B(3) of the Retirement Villages Act 1986, for "a resident of the village" substitute "a non-owner resident of the village". 33 Payments to owner residents In the heading to section 38I of the Retirement Villages Act 1986, for "owner residents" substitute "former residents". -- 23 of 30 -- Part 3—Amendment of other Acts Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 22 Authorised by the Chief Parliamentary Counsel Division 4—Sale of Land Act 1962 and Property Law Act 1958 34 Heading to Subdivision 5 of Division 4 of Part I amended In the heading to Subdivision 5 of Division 4 of Part I of the Sale of Land Act 1962, after "legal practitioners" insert "and conveyancers". 35 Legal practitioner not to act for both vendor and purchaser under a terms contract (1) In the heading to section 29W of the Sale of Land Act 1962, after "Legal practitioner" insert "or conveyancer". (2) In section 29W(1) and (2) of the Sale of Land Act 1962, after "legal practitioner" (wherever occurring) insert "or conveyancer". (3) In section 29W(3) of the Sale of Land Act 1962— (a) after "legal practitioner" insert "or conveyancer"; (b) for "the practitioner" substitute "the legal practitioner or conveyancer". (4) In section 29W(4)(a) of the Sale of Land Act 1962, after "legal practitioner" insert "or conveyancer". 36 Provisions as to contracts (1) In section 42(3) of the Property Law Act 1958, after "legal practitioner" insert "or conveyancer". (2) After section 42(6) of the Property Law Act 1958 insert— "(7) In this section— conveyancer means a licensee under the Conveyancers Act 2006.". -- 24 of 30 -- Part 3—Amendment of other Acts Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 23 Authorised by the Chief Parliamentary Counsel Division 5—Sex Work Act 1994 37 Definitions In section 3(1) of the Sex Work Act 1994— (a) the definition of sexually transmitted disease is repealed; (b) insert the following definition— "sexually transmissible infection means a disease or condition prescribed by the regulations to be a sexually transmissible infection;". 38 Sex workers and clients must adopt safer sex practices In section 18A(1) and (2) of the Sex Work Act 1994, for "sexually transmitted diseases" substitute "sexually transmissible infections". 39 Permitting sex worker infected with a disease to work in a brothel etc. (1) For the heading to section 19 of the Sex Work Act 1994 substitute— "Permitting infected sex worker to work in a brothel etc.". (2) In section 19(1) and (2) of the Sex Work Act 1994, for "sexually transmitted disease" (wherever occurring) substitute "sexually transmissible infection". (3) In section 19(2)(a)(ii) of the Sex Work Act 1994, for "determined by the Health Minister by Order published in the Government Gazette" substitute "determined under section 20A". (4) Section 19(3) of the Sex Work Act 1994 is repealed. -- 25 of 30 -- Part 3—Amendment of other Acts Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 24 Authorised by the Chief Parliamentary Counsel 40 Sex worker working while infected with a disease (1) In the heading to section 20 of the Sex Work Act 1994 omit "with a disease". (2) In section 20(1) and (2) of the Sex Work Act 1994, for "sexually transmitted disease" (wherever occurring) substitute "sexually transmissible infection". (3) In section 20(2)(a)(ii) of the Sex Work Act 1994, for "determined by the Health Minister by Order published in the Government Gazette" substitute "determined under section 20A". (4) Section 20(3) of the Sex Work Act 1994 is repealed. 41 New section 20A inserted After section 20 of the Sex Work Act 1994 insert— "20A Determination of time periods for swab tests (1) The Health Minister, by Order published in the Government Gazette, may determine the time periods at which swab tests must be taken by a sex worker for the purposes referred to in sections 19(2)(a)(ii) and 20(2)(a)(ii). (2) In this section— Health Minister means the person for the time being administering section 15 of the Public Health and Wellbeing Act 2008.". -- 26 of 30 -- Part 3—Amendment of other Acts Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 25 Authorised by the Chief Parliamentary Counsel 42 Disciplinary powers of Tribunal After section 48A(7) of the Sex Work Act 1994 insert— "(8) A reference to a licensee in this section includes a reference to any person who was a licensee at the time any ground referred to in section 48(3) existed or was alleged to exist, even if the person is not a licensee at the time any action is taken under this section.". 43 Reference to Commonwealth Department of Immigration and Citizenship substituted In sections 25(d), 26(c) and 67(1A)(d) of the Sex Work Act 1994, for "Citizenship" substitute "Border Protection". Division 6—Second-Hand Dealers and Pawnbrokers Act 1989 44 Determination of disciplinary measures by Tribunal After section 18B(6) of the Second-Hand Dealers and Pawnbrokers Act 1989 insert— "(7) A reference to a registered second-hand dealer or an endorsed pawnbroker in this section includes a reference to any person who was a registered second-hand dealer or an endorsed pawnbroker at the time any ground referred to in section 18A(3) existed or was alleged to exist, even if the person is not a registered second-hand dealer or an endorsed pawnbroker at the time any action is taken under this section.". -- 27 of 30 -- Part 3—Amendment of other Acts Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 26 Authorised by the Chief Parliamentary Counsel Division 7—State Trustees (State Owned Company) Act 1994 45 Continued application of the Trustee Companies Act 1984 After section 20A(2) of the State Trustees (State Owned Company) Act 1994 insert— "(3) Despite subsection (1), section 52 of the Trustee Companies Act 1984, as in force immediately before the commencement of the Trustee Companies Legislation Amendment Act 2010, does not apply in respect of State Trustees.". -- 28 of 30 -- Part 4—Repeal Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 27 Authorised by the Chief Parliamentary Counsel Part 4—Repeal 46 Repeal of amending Act This Act is repealed on 30 September 2017. 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). ═══════════════ -- 29 of 30 -- Endnotes Consumer Acts and Other Acts Amendment Act 2016 No. 23 of 2016 28 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: 25 November 2015 Legislative Council: 11 February 2016 The long title for the Bill for this Act was "A Bill for an Act to amend various Consumer Acts, the Property Law Act 1958 and the State Trustees (State Owned Company) Act 1994 and for other purposes." -- 30 of 30 --