Statute Law Revision Act 2015

Authorised Version Statute Law Revision Act 2015 No. 21 of 2015 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Amendment of Acts 2 4 Repeal of amending Act 2 Schedule 1—Amendment of Acts 3 1 Aboriginal Lands Act 1970 3 2 Accident Compensation Act 1985 3 3 Age of Majority Act 1977 3 4 Agricultural Industry Development Act 1990 3 5 Architects Act 1991 3 6 Assisted Reproductive Treatment Act 2008 3 7 Australian Consumer Law and Fair Trading Act 2012 3 8 Australian Crime Commission (State Provisions) Act 2003 3 9 Children, Youth and Families Act 2005 4 10 Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 4 11 Coal Mines (Pensions) Act 1958 4 12 Congestion Levy Act 2005 4 13 Conservation, Forests and Lands Act 1987 4 14 Country Fire Authority Act 1958 4 15 Crime Statistics Act 2014 5 16 Dangerous Goods Act 1985 5 17 Emergency Management Act 2013 5 18 Energy Safe Victoria Act 2005 5 19 Environment Protection and Sustainability Victoria Amendment Act 2014 5 20 Filming Approval Act 2014 5 21 Financial Sector Reform (Victoria) Act 1999 5 22 Fire Services Property Levy Act 2012 5 23 Greenhouse Gas Geological Sequestration Act 2008 6 24 Honorary Justices Act 2014 6 25 Human Services (Complex Needs) Act 2009 6 26 Imperial Acts Application Act 1980 6 27 Improving Cancer Outcomes Act 2014 6 28 Infringements Act 2006 6 29 Interpretation of Legislation Act 1984 6 30 Legal Profession Uniform Law Application Act 2014 6 Authorised by the Chief Parliamentary Counsel i -- 1 of 15 -- Section Page 31 Liquor Control Reform Act 1998 7 32 Magistrates' Court Act 1989 7 33 Major Transport Projects Facilitation Act 2009 7 34 Mental Health Act 2014 7 35 Mutual Recognition (Victoria) Act 1998 7 36 Occupational Health and Safety Act 2004 7 37 Parliamentary Committees Act 2003 7 38 Perpetuities and Accumulations Act 1968 7 39 Port Management Act 1995 8 40 Powers of Attorney Act 2014 8 41 Privacy and Data Protection Act 2014 8 42 Public Administration Act 2004 8 43 Public Health and Wellbeing Act 2008 8 44 Rail Safety (Local Operations) Act 2006 8 45 Retirement Villages Act 1986 9 46 Road Management Act 2004 9 47 Sentencing Act 1991 9 48 Serious Sex Offenders (Detention and Supervision) Act 2009 9 49 Sex Work Act 1994 9 50 Sport and Recreation Act 1972 9 51 State Employees Retirement Benefits Act 1979 9 52 Supported Residential Services (Private Proprietors) Act 2010 10 53 Sustainable Forests (Timber) Act 2004 10 54 Terrorism (Community Protection) Act 2003 10 55 Transport (Compliance and Miscellaneous) Act 1983 10 56 Transport Integration Act 2010 10 57 Transport (Safety Schemes Compliance and Enforcement) Act 2014 10 58 Urban Renewal Authority Victoria Act 2003 11 59 Veterinary Practice Act 1997 11 60 Vexatious Proceedings Act 2014 11 61 Victoria Police Act 2013 11 62 Victoria Police Amendment (Consequential and Other Matters) Act 2014 11 63 Victorian College of Agriculture and Horticulture Act 1982 11 64 Victorian Commission for Gambling and Liquor Regulation Act 2011 11 65 Victorian Inspectorate Act 2011 12 66 Victorian Managed Insurance Authority Act 1996 12 67 Wildlife Act 1975 12 68 Workplace Injury Rehabilitation and Compensation Act 2013 12 ═══════════════ Endnotes 13 1 General information 13 ii Authorised by the Chief Parliamentary Counsel -- 2 of 15 -- Authorised Version Statute Law Revision Act 2015 † No. 21 of 2015 [Assented to 16 June 2015] 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 August 2015. (2) The following items in Schedule 1 are taken to have come into operation on the following dates— (a) item 9 on 1 July 2014; (b) item 16 on 1 July 2014; Victoria Authorised by the Chief Parliamentary Counsel 1 -- 3 of 15 -- Statute Law Revision Act 2015 No. 21 of 2015 (c) item 19 on 29 June 2014; (d) item 23 on 30 November 2013; (e) item 62 on 30 June 2014; (f) item 66 on 1 July 2014. 3 Amendment of Acts 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 Repeal of amending Act This Act is repealed on 1 August 2016. 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). 2 Authorised by the Chief Parliamentary Counsel -- 4 of 15 -- Schedule 1—Amendment of Acts Statute Law Revision Act 2015 No. 21 of 2015 Schedule 1—Amendment of Acts Section 3 1 Aboriginal Lands Act 1970 In section 11(1)(h), for "Act; and" substitute "Act;". 2 Accident Compensation Act 1985 2.1 In section 91E, in the definition of week in paragraph (d), for "117)" substitute "117". 2.2 In section 92A(8B), for ", each" substitute "each". 2.3 In section 119J(2)(c), for "98A" substitute "98A,". 3 Age of Majority Act 1977 After section 4, the heading "SCHEDULES" is repealed. 4 Agricultural Industry Development Act 1990 After Part 8, the heading "SCHEDULES" is repealed. 5 Architects Act 1991 In section 14(1)(a), for "practise" substitute "practice". 6 Assisted Reproductive Treatment Act 2008 Part 15 is repealed. 7 Australian Consumer Law and Fair Trading Act 2012 Clauses 2, 5 and 6 of Schedule 5 are repealed. 8 Australian Crime Commission (State Provisions) Act 2003 After Part 8, the heading "SCHEDULE" is repealed. 3 Authorised by the Chief Parliamentary Counsel -- 5 of 15 -- Schedule 1—Amendment of Acts Statute Law Revision Act 2015 No. 21 of 2015 9 Children, Youth and Families Act 2005 For section 17(4) substitute— "(4) The Secretary may, by instrument, delegate to an executive within the meaning of the Public Administration Act 2004 who is employed at the level of EO-2 or above— (a) the power to approve under section 72P(3) a period of seclusion of more than 24 hours; and (b) the power to approve under section 488(3) a period of isolation of more than 24 hours.". 10 Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 In section 38, in proposed section 298(4) of the Children, Youth and Families Act 2005, for "later," substitute "later.". 11 Coal Mines (Pensions) Act 1958 After Part III, the heading "SCHEDULES" is repealed. 12 Congestion Levy Act 2005 In the heading to section 41, after "Taxation" insert "Legislation". 13 Conservation, Forests and Lands Act 1987 In section 60, for "requires,," substitute "requires,". 14 Country Fire Authority Act 1958 After Part VII the heading "SCHEDULE" is repealed. 4 Authorised by the Chief Parliamentary Counsel -- 6 of 15 -- Schedule 1—Amendment of Acts Statute Law Revision Act 2015 No. 21 of 2015 15 Crime Statistics Act 2014 In section 3, in the definition of law enforcement data, for "Commissioner for Law Enforcement Data Security Act 2005" substitute "Privacy and Data Protection Act 2014". 16 Dangerous Goods Act 1985 In section 3(1), for the definition of Authority substitute— "Authority means the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;". 17 Emergency Management Act 2013 In section 64(1)(e), for "(ii)" (where secondly occurring) substitute "(iii)". 18 Energy Safe Victoria Act 2005 After Part 5, the heading "SCHEDULES" is repealed. 19 Environment Protection and Sustainability Victoria Amendment Act 2014 In section 30, for "Section 71(cb) and (cc)" substitute "Section 71(1)(cb) and (cc)". 20 Filming Approval Act 2014 In section 3, in the definition of filming approval legislation, in paragraph (t) for "Centre 1979" substitute "Centre Act 1979". 21 Financial Sector Reform (Victoria) Act 1999 After Part 6, the heading "SCHEDULES" is repealed. 22 Fire Services Property Levy Act 2012 In section 11(6), for '"consumer' substitute "consumer". 5 Authorised by the Chief Parliamentary Counsel -- 7 of 15 -- Schedule 1—Amendment of Acts Statute Law Revision Act 2015 No. 21 of 2015 23 Greenhouse Gas Geological Sequestration Act 2008 In section 311, for "the Minister" substitute "Minister". 24 Honorary Justices Act 2014 24.1 In section 20(c)(i), for "re appointment" substitute "re-appointment". 24.2 In section 46(4), for "fee, gratuity patronage" substitute "fee, gratuity, patronage". 24.3 In section 53(2), for "justice of peace" substitute "justice of the peace". 25 Human Services (Complex Needs) Act 2009 In section 3, in the definition of Tribunal, for "2014;" substitute "2014.". 26 Imperial Acts Application Act 1980 In Division 1 of Part II, in the entry relating to [1275] 3 Edward I, for "State of Westminster" substitute "Statute of Westminster". 27 Improving Cancer Outcomes Act 2014 In section 26(3), for "an after" substitute "and after". 28 Infringements Act 2006 In section 163A(3)(b) omit "or that member". 29 Interpretation of Legislation Act 1984 In the heading to section 38I (where secondly occurring), for "38I" substitute "38J". 30 Legal Profession Uniform Law Application Act 2014 In section 52(3), for "re-appointment" substitute "reappointment". 6 Authorised by the Chief Parliamentary Counsel -- 8 of 15 -- Schedule 1—Amendment of Acts Statute Law Revision Act 2015 No. 21 of 2015 31 Liquor Control Reform Act 1998 31.1 In section 101B(1)(b) omit "that was". 31.2 In section 148P(e), for "member" substitute "the police officer". 32 Magistrates' Court Act 1989 32.1 In section 3(1), in the definition of excluded judicial officer, for paragraph (b) (where secondly occurring) substitute— "(c) a Deputy State Coroner;". 32.2 In section 7D(1), for paragraph (b) (where secondly occurring) substitute— "(c) Deputy State Coroner.". 33 Major Transport Projects Facilitation Act 2009 In section 42A(2)(b) omit "and (2)". 34 Mental Health Act 2014 34.1 In section 145(1)(d), for '"(d)' substitute "(d)". 34.2 In section 145(6), for "be tabled" substitute "to be tabled". 34.3 In section 416(2), after "of the 2014" insert "Act". 35 Mutual Recognition (Victoria) Act 1998 Section 8 is repealed. 36 Occupational Health and Safety Act 2004 In section 138, after "in that section" insert "or". 37 Parliamentary Committees Act 2003 In section 37A(2), for "evidence in" substitute "evidence given in". 38 Perpetuities and Accumulations Act 1968 After section 19, the heading "Consequential" is repealed. 7 Authorised by the Chief Parliamentary Counsel -- 9 of 15 -- Schedule 1—Amendment of Acts Statute Law Revision Act 2015 No. 21 of 2015 39 Port Management Act 1995 In section 5(7) omit "of the Department of Transport, Planning and Local Infrastructure". 40 Powers of Attorney Act 2014 In section 72(1), for "power attorney" substitute "power of attorney". 41 Privacy and Data Protection Act 2014 41.1 For section 13(1)(i) substitute— "(i) Victoria Police;". 41.2 In section 15(d), for "the police force of Victoria" substitute "Victoria Police". 41.3 In section 62(2) and (4), for "the VCAT" substitute "VCAT". 42 Public Administration Act 2004 42.1 In section 104(3)(f), for "section 66(2)" substitute "section 62". 42.2 In the heading to clause 14 of Schedule 3, for "Service" substitute "Services". 43 Public Health and Wellbeing Act 2008 In section 3(1), in the definition of police officer, for "has the" substitute "has the same". 44 Rail Safety (Local Operations) Act 2006 44.1 In section 3B— (a) for "an rail" substitute "a rail"; (b) for "an tourist" substitute "a tourist". 44.2 In section 79(2), for "purpose rebutting" substitute "purpose of rebutting". 44.3 In section 86G(2)(a), for "(as the case requires" substitute "(as the case requires)". 8 Authorised by the Chief Parliamentary Counsel -- 10 of 15 -- Schedule 1—Amendment of Acts Statute Law Revision Act 2015 No. 21 of 2015 45 Retirement Villages Act 1986 After Part 8, the heading "SCHEDULES" is repealed. 46 Road Management Act 2004 In section 111(1), in the definition of "C", after "consumer price" insert "index". 47 Sentencing Act 1991 47.1 In section 3(1), in the definition of designated mental health service, for "the section" substitute "section". 47.2 In section 89DD(3), for "member of the police force" substitute "police officer". 47.3 In section 89DG(1)(b), for "member of the police force" substitute "police officer". 47.4 In section 89DG(2)(b), for '89DD(5).".' substitute "89DD(5).". 47.5 In clause 5(c) of Schedule 1, for "(a) (b)" substitute "(a), (b)". 48 Serious Sex Offenders (Detention and Supervision) Act 2009 In section 189(4), in paragraph (d) of the definition of relevant person, for "deliver" substitute "delivers". 49 Sex Work Act 1994 In the heading to section 21K omit "police" (where secondly occurring). 50 Sport and Recreation Act 1972 After section 15A, the heading "SCHEDULE" is repealed. 51 State Employees Retirement Benefits Act 1979 In section 43A(1) omit "(whichever is the later)" (where secondly occurring). 9 Authorised by the Chief Parliamentary Counsel -- 11 of 15 -- Schedule 1—Amendment of Acts Statute Law Revision Act 2015 No. 21 of 2015 52 Supported Residential Services (Private Proprietors) Act 2010 Division 4 of Part 11 is repealed. 53 Sustainable Forests (Timber) Act 2004 In section 3, in the definition of police officer, after "meaning" insert "as". 54 Terrorism (Community Protection) Act 2003 54.1 In section 13R(1), for "member" (where twice occurring) substitute "police officer". 54.2 In section 21X(1)(a), for "member" substitute "police officer". 55 Transport (Compliance and Miscellaneous) Act 1983 55.1 In section 84(v), for 'omitted;"' substitute "omitted.". 55.2 In section 169MA(4), in paragraph (b)(ii) of the definition of reviewable decision, for "to a cancel" substitute "to cancel". 55.3 In section 228RY(5)(a), for "things" substitute "thing". 56 Transport Integration Act 2010 After Part 10, the heading "SCHEDULES" is repealed. 57 Transport (Safety Schemes Compliance and Enforcement) Act 2014 57.1 In section 68(1)— (a) for "to whom" substitute "on whom"; (b) for "issued" substitute "served". 57.2 In section 82(2)(a), for "of infrastructure" substitute "or infrastructure". 10 Authorised by the Chief Parliamentary Counsel -- 12 of 15 -- Schedule 1—Amendment of Acts Statute Law Revision Act 2015 No. 21 of 2015 58 Urban Renewal Authority Victoria Act 2003 In section 50(1), in the definition of Victorian Building Authority, for 'Authority"' substitute "Authority". 59 Veterinary Practice Act 1997 The heading to Division 2 of Part 10 is repealed. 60 Vexatious Proceedings Act 2014 In section 53, for "a extended" substitute "an extended". 61 Victoria Police Act 2013 In section 10(4)(f), for "Commissioner for Law Enforcement Data Security " substitute "Commissioner for Privacy and Data Protection". 62 Victoria Police Amendment (Consequential and Other Matters) Act 2014 62.1 In item 46.3 of the Schedule, for "section 92(1)(a)" substitute "section 92(a)". 62.2 In item 54.4 of the Schedule, for "2013" (where first occurring) substitute "1958". 62.3 In item 85.1(h) of the Schedule, for "(b)" substitute "(a)". 62.4 In item 184.20(b) of the Schedule— (a) for "a member" substitute "member"; (b) for "a police" substitute "police". 63 Victorian College of Agriculture and Horticulture Act 1982 Section 7(1)(g) and Schedule One are repealed. 64 Victorian Commission for Gambling and Liquor Regulation Act 2011 Part 10 and the Schedule are repealed. 11 Authorised by the Chief Parliamentary Counsel -- 13 of 15 -- Schedule 1—Amendment of Acts Statute Law Revision Act 2015 No. 21 of 2015 65 Victorian Inspectorate Act 2011 In section 3(1), in the note to the definition of police officer, for "that Act" substitute "that Act)". 66 Victorian Managed Insurance Authority Act 1996 For section 24(2) substitute— "(2) Nothing in this section affects the application of the Accident Compensation Act 1985, the Workplace Injury Rehabilitation and Compensation Act 2013 or the Transport Accident Act 1986 to a department or participating body.". 67 Wildlife Act 1975 In section 74C(1A), for "and authority" substitute "an authority". 68 Workplace Injury Rehabilitation and Compensation Act 2013 In section 396(5), in the definition of tail claim, for "whenever made" substitute "whenever made—". ═══════════════ 12 Authorised by the Chief Parliamentary Counsel -- 14 of 15 -- Endnotes Statute Law Revision Act 2015 No. 21 of 2015 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 Council: 11 February 2015 Legislative Assembly: 27 May 2015 The long title for the Bill for this Act was "A Bill for an Act to revise the statute law of Victoria." 13 Authorised by the Chief Parliamentary Counsel -- 15 of 15 --