Consumer Affairs Legislation Amendment Act 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 PART 2—ASSOCIATIONS INCORPORATION REFORM ACT 2012 4 3 Grievance procedure 4 4 New section 74A inserted 4 74A Notification of change of address 4 5 Tier two associations—review of financial statements 5 6 Submission of financial statements to annual general meeting 5 7 Register 5 8 Statute law revision 6 PART 3—AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 7 Division 1—Amendments to Australian Consumer Law and Fair Trading Act 2012 7 9 Prohibited debt collection practices 7 10 Certain persons prohibited from engaging in debt collection 7 11 Copies of seized documents 9 12 Section 129 substituted and new section 129A inserted 9 129 Retention and return of seized documents 9 129A Application for return of seized document 10 13 Service of documents 11 14 Inspector may seek court order 11 15 Entry and search with consent 12 16 Powers during emergency entry 12 17 Entry without consent or warrant 12 18 Search warrants 12 19 Embargo notices 13 20 Copies of seized documents 14 21 Section 167 substituted and new section 167A inserted 14 167 Retention and return of seized documents or things 14 167A Application for return of seized document 15 -- 1 of 33 -- Section Page ii Authorised by the Chief Parliamentary Counsel 22 Service of documents 16 23 Conduct by officers, employees or agents 16 24 New section 209 substituted 16 209 Powers of court if requirement of Director or inspector not complied with 16 25 Statute law revision 17 Division 2—Consequential amendments to other Acts 17 26 Associations Incorporation Reform Act 2012— Application of Australian Consumer Law and Fair Trading Act 2012 17 27 Fundraising Act 1998—Application of Australian Consumer Law and Fair Trading Act 2012 18 28 Sale of Land Act 1962—Application of Australian Consumer Law and Fair Trading Act 2012 18 PART 4—DOMESTIC BUILDING CONTRACTS ACT 1995 19 29 Offences for which infringement notices may be served 19 PART 5—ESTATE AGENTS ACT 1980 20 30 Definitions 20 31 Estate Agents Council 20 32 Restriction on agent purchasing property 21 PART 6—FIRE SERVICES LEVY MONITOR ACT 2012 22 33 Service of documents 22 34 New section 100 substituted 22 100 Powers of court if requirement of Monitor or inspector not complied with 22 PART 7—FUNERALS ACT 2006 24 35 Purposes 24 36 Definitions 24 37 Repeal of Part 2 24 PART 8—MOTOR CAR TRADERS ACT 1986 25 38 Prohibited employees 25 39 Cooling-off period 25 40 Particulars to be displayed 25 41 Motor car traders to provide name and address of last owner 25 42 Section 83A substituted 26 83A Retention of documents 26 43 Regulations 26 -- 2 of 33 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 9—RETIREMENT VILLAGES ACT 1986 27 44 Definitions 27 45 Resident to be given certain information 27 PART 10—SEX WORK ACT 1994 28 46 Controls on advertising by sex work service providers 28 47 Circumstances in which Authority must refuse licence application 28 48 Advisory Committee 28 PART 11—REPEAL OF AMENDING ACT 29 49 Repeal of amending Act 29 ═══════════════ ENDNOTES 30 -- 3 of 33 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Consumer Affairs Legislation Amendment Act 2014 † No. 50 of 2014 [Assented to 12 August 2014] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Associations Incorporation Reform Act 2012— Victoria -- 4 of 33 -- Part 1—Preliminary Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 2 Authorised by the Chief Parliamentary Counsel (i) to improve the operation of provisions relating to the accountability of incorporated associations and members of associations; and (ii) to otherwise improve the operation of that Act; and (b) to amend the Australian Consumer Law and Fair Trading Act 2012— (i) to improve the operation of provisions relating to debt collection; and (ii) to improve the operation of compliance and enforcement provisions; and (iii) to otherwise improve the operation of that Act; and (c) to amend the Domestic Building Contracts Act 1995 to remove obsolete references; and (d) to amend the Estate Agents Act 1980 in relation to the appointment of members of the Estate Agents Council; and (e) to amend the Fire Services Levy Monitor Act 2012 in relation to failures to comply with requirements of the Monitor or an inspector; and (f) to amend the Funerals Act 2006 to repeal the provisions relating to the Funeral Industry Ministerial Advisory Council; and (g) to amend the Motor Car Traders Act 1986— (i) to reduce administrative requirements on motor car traders; and (ii) to otherwise improve the operation of that Act; and s. 1 -- 5 of 33 -- Part 1—Preliminary Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 3 Authorised by the Chief Parliamentary Counsel (h) to amend the Retirement Villages Act 1986 in relation to the disclosure of information; and (i) to amend the Sex Work Act 1994 to improve the operation of that Act. 2 Commencement (1) This Act (except sections 3, 4, 5, 6, 10, 12 and 21 and Part 8) comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to subsection (3), sections 3, 4, 5, 6, 10, 12 and 21 and Part 8 come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 31 December 2014, it comes into operation on that day. __________________ s. 2 -- 6 of 33 -- Part 2—Associations Incorporation Reform Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 4 Authorised by the Chief Parliamentary Counsel PART 2—ASSOCIATIONS INCORPORATION REFORM ACT 2012 3 Grievance procedure After section 55(3) of the Associations Incorporation Reform Act 2012 insert— "(4) If a member has initiated a grievance procedure in respect of a dispute between the member and the association, the association must not take disciplinary action against any of the following persons in relation to the matter which is the subject of the grievance procedure until the grievance procedure has been completed— (a) the member who initiated the grievance procedure (complainant member); (b) a member of the association appointed by the complainant member under subsection (2) to act on behalf of the complainant member in the grievance procedure.". 4 New section 74A inserted After section 74 of the Associations Incorporation Reform Act 2012 insert— "74A Notification of change of address (1) The secretary of an incorporated association must give the Registrar written notice of any change of the address or any email address of the Secretary that has been notified in a notice under section 74 or this section. (2) The notice must— (a) be given within 14 days after the change; and (b) be in the approved form.". s. 3 See: Act No. 20/2012 and amending Act Nos 21/2012, 9/2013, 57/2013 and 70/2013. LawToday: www. legislation. vic.gov.au -- 7 of 33 -- Part 2—Associations Incorporation Reform Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 5 Authorised by the Chief Parliamentary Counsel 5 Tier two associations—review of financial statements After section 96(4) of the Associations Incorporation Reform Act 2012 insert— "(5) A tier two association is not required to comply with subsection (1) if— (a) the rules of the association require financial statements prepared under section 95 to be audited in accordance with the Australian Auditing Standards before being submitted to the annual general meeting; and (b) the financial statements are audited in accordance with those requirements.". 6 Submission of financial statements to annual general meeting (1) For section 97(2)(c) of the Associations Incorporation Reform Act 2012 substitute— "(c) be accompanied by— (i) the report of the review of its financial statements provided under section 96(2)(b); or (ii) the report of the audit of its financial statements referred to in section 96(5).". (2) In section 97(4)(c) of the Associations Incorporation Reform Act 2012, after "review" insert "or audit". 7 Register Section 191(4)(p) and (q) of the Associations Incorporation Reform Act 2012 are repealed. s. 5 -- 8 of 33 -- Part 2—Associations Incorporation Reform Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 6 Authorised by the Chief Parliamentary Counsel 8 Statute law revision (1) In the heading to Part 16 of the Associations Incorporation Reform Act 2012 omit ", CONSEQUENTIAL AMENDMENTS AND REPEALS". (2) The heading to Division 1 of Part 16 of the Associations Incorporation Reform Act 2012 is repealed. (3) Divisions 2 and 3 of Part 16 of, and Schedule 5 to, the Associations Incorporation Reform Act 2012 are repealed. __________________ s. 8 -- 9 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 7 Authorised by the Chief Parliamentary Counsel PART 3—AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 Division 1—Amendments to Australian Consumer Law and Fair Trading Act 2012 9 Prohibited debt collection practices In section 45(2)(m) of the Australian Consumer Law and Fair Trading Act 2012— (a) in subparagraph (ii), for "take;" substitute "take; or"; (b) after subparagraph (ii) insert— "(iii) a communication with the person for the purposes of complying with section 88 of the National Credit Code;". 10 Certain persons prohibited from engaging in debt collection (1) In section 47(1)(a) of the Australian Consumer Law and Fair Trading Act 2012— (a) in subparagraph (iv), for "who" substitute "has"; (b) in subparagraph (v), for "who" substitute "has"; (c) in subparagraph (vi), for "who, in the preceding 5 years, has been" substitute "has, in the preceding 5 years, been"; (d) in subparagraph (vii), for "who, in the preceding 5 years, has been" substitute "has, in the preceding 5 years, been"; (e) in subparagraph (viii), for "who, in the preceding 5 years, has been" substitute "has, in the preceding 5 years, been". s. 9 See: Act No. 21/2012 and amending Act Nos 21/2012, 81/2012, 9/2013 and 57/2013. LawToday: www. legislation. vic.gov.au -- 10 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 8 Authorised by the Chief Parliamentary Counsel (2) In section 47(1)(b)(iv) of the Australian Consumer Law and Fair Trading Act 2012, for "collection." substitute "collection; or". (3) After section 47(1)(b)(iv) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(v) has, in the preceding 5 years, held a private security licence under the Private Security Act 2004 that was cancelled or suspended under section 56 or 61 of that Act; or (vi) has, in the preceding 5 years, held a private security registration under the Private Security Act 2004 that has been cancelled or suspended under section 111 or 116 of that Act; or (vii) has, in the preceding 5 years, been found to have been involved in the use of physical force, undue harassment or coercion in contravention of— (A) section 12DJ of the Australian Securities and Investments Commission Act 2001 of the Commonwealth; or (B) an equivalent provision in an Act of the Commonwealth or Act of another State or Territory; or (C) this Act or the regulations (except if damages have been awarded under section 46).". (4) After section 47(2) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(3) A body corporate does not commit an offence against subsection (2) if— (a) the body corporate is a prohibited person only because of subsection (1)(b)(ii); and s. 9 -- 11 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 9 Authorised by the Chief Parliamentary Counsel (b) at the time the body corporate engaged in debt collection, it was not aware that the natural person referred to in subsection (1)(b)(ii) was a person referred to in subsection (1)(a); and (c) the body corporate had taken reasonable precautions and exercised due diligence in relation to appointing the natural person as director or giving the natural person management or effective control of the body corporate to ensure that the natural person was not a person referred to in subsection (1)(a).". 11 Copies of seized documents In section 128(1) of the Australian Consumer Law and Fair Trading Act 2012, for "within 21 days of the seizure" substitute "as soon as practicable after the seizure". 12 Section 129 substituted and new section 129A inserted For section 129 of the Australian Consumer Law and Fair Trading Act 2012 substitute— "129 Retention and return of seized documents (1) Subject to subsection (2), the Director must take reasonable steps to ensure that a document that the Director has seized under this Division is returned to the relevant person within 3 months after its seizure. (2) The Director is only required to return a document under subsection (1) if the Director is satisfied that— (a) the document is not required (or is no longer required) for the purpose for which it was seized; and s. 11 -- 12 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 10 Authorised by the Chief Parliamentary Counsel (b) the continued retention of the document is not necessary to prevent the document being used in a way that would justify its seizure under section 127(c); and (c) the document is not subject to a dispute as to ownership which would be appropriately resolved by making an application under section 129A for the return of the document. (3) This section does not apply if the Magistrates' Court makes an order under section 130 extending the period during which the document may be retained. (4) Nothing in this section prevents the return of a document to its owner at any time if the Director considers there is no reason for its continued retention. (5) In this section relevant person, in relation to a document, means— (a) the person from whom the document was seized; or (b) the owner of the document if the person from whom it was seized is not entitled to possess it. 129A Application for return of seized document (1) For the purposes of section 129(2)(c), an application for the return of a document seized under this Division may be made to the Magistrates' Court by— (a) the person from whom it was seized; or (b) a person who claims to be the owner. s. 12 -- 13 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 11 Authorised by the Chief Parliamentary Counsel (2) A person who makes an application under subsection (1) must serve a copy of the application on the Director. (3) The Director is entitled to appear before the Magistrates' Court and be heard in relation to an application under subsection (1). (4) The Magistrates' Court may make an order for the return of the document to the person from whom it was seized or, if that person is not entitled to possess it, to the owner, if the Court is satisfied that— (a) the document is not required (or is no longer required) for the purpose for which it was seized; and (b) the continued retention of the document is not necessary to prevent the document being used in a way that would justify its seizure under section 127(c).". 13 Service of documents In section 132(1) and (2) of the Australian Consumer Law and Fair Trading Act 2012, for "registered post" substitute "post". 14 Inspector may seek court order (1) In section 145(4) of the Australian Consumer Law and Fair Trading Act 2012 omit ", not later than 28 days after the making of the order,". (2) After section 145(4) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(5) If an order does not state a day on which the order ceases to have effect, the order ceases to have effect 28 days after the making of the order.". s. 13 -- 14 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 12 Authorised by the Chief Parliamentary Counsel 15 Entry and search with consent In section 149(1) of the Australian Consumer Law and Fair Trading Act 2012, for "has contravened" substitute "may have contravened". 16 Powers during emergency entry (1) At the foot of section 154(1) of the Australian Consumer Law and Fair Trading Act 2012 insert— "Note An inspector who finds goods referred to in section 153(1) may, in certain circumstances, issue an embargo notice under section 162.". (2) Section 154(3), (4), (5) and (7) of the Australian Consumer Law and Fair Trading Act 2012 are repealed. 17 Entry without consent or warrant After section 155(1) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(1A) An inspector may enter and search premises under subsection (1) with the assistance of any person necessary to provide technical assistance to the inspector.". 18 Search warrants At the foot of section 157 of the Australian Consumer Law and Fair Trading Act 2012 insert— "Note An inspector executing a warrant issued under section 157(3) may, in certain circumstances, issue an embargo notice under section 162.". s. 15 -- 15 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 13 Authorised by the Chief Parliamentary Counsel 19 Embargo notices (1) After section 162(1) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(1A) If, during a search under section 153(1), an inspector finds goods referred to in that section on the premises, the inspector may issue an embargo notice in respect of the goods. (1B) Subsection (1A) does not apply in relation to goods that the inspector believes on reasonable grounds present a threat of imminent injury or death.". (2) For section 162(2) of the Australian Consumer Law and Fair Trading Act 2012 substitute— "(2) An embargo notice must be issued— (a) by giving a copy of the notice to the occupier or the person who has or may reasonably be presumed to have control over the business conducted at the premises; or (b) if neither of the persons referred to in paragraph (a) can be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the thing in a prominent position.". (3) After section 162(5) of the Australian Consumer Law and Fair Trading Act 2012 insert— "(5A) An embargo notice issued under subsection (1A) ceases to have effect at the end of 72 hours after the notice is given or affixed under subsection (2).". s. 19 -- 16 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 14 Authorised by the Chief Parliamentary Counsel 20 Copies of seized documents In section 166(1) of the Australian Consumer Law and Fair Trading Act 2012, for "within 21 days after the seizure" substitute "as soon as practicable after the seizure". 21 Section 167 substituted and new section 167A inserted For section 167 of the Australian Consumer Law and Fair Trading Act 2012 substitute— "167 Retention and return of seized documents or things (1) Subject to subsection (2), an inspector must take reasonable steps to ensure that a document or other thing that the inspector has seized under this Part is returned to the relevant person within 3 months after its seizure. (2) The inspector is only required to return a document or thing under subsection (1), if the inspector is satisfied that— (a) the document or thing is not required (or is no longer required) for the purpose for which it was seized; and (b) the continued retention of the document or thing is not necessary to prevent the document or thing being used in a way that would justify its seizure under this Part; and (c) the document or thing is not subject to a dispute as to ownership which would be appropriately resolved by making an application under section 167A for the return of the document or thing. s. 20 -- 17 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 15 Authorised by the Chief Parliamentary Counsel (3) This section does not apply if— (a) the Magistrates' Court makes an order under section 168 extending the period during which the document or thing may be retained; or (b) a court makes an order under section 174 permitting the destruction of the thing. (4) Nothing in this section affects a lien or other security over a thing. (5) Nothing in this section prevents the return of a document or thing to its owner at any time if the Director considers there is no reason for its continued retention. (6) In this section relevant person, in relation to a document or thing, means— (a) the person from whom the document or thing was seized; or (b) the owner of the document or thing if the person from whom it was seized is not entitled to possess it. 167A Application for return of seized document (1) For the purposes of section 167(2)(c), an application for the return of a document or thing seized under this Part may be made to the Magistrates' Court by— (a) the person from whom it was seized; or (b) a person who claims to be the owner. (2) A person who makes an application under subsection (1) must serve a copy of the application on the Director. s. 21 -- 18 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 16 Authorised by the Chief Parliamentary Counsel (3) The Director is entitled to appear before the Magistrates' Court and be heard in relation to an application under subsection (1). (4) The Magistrates' Court may make an order for the return of the document or thing to the person from whom it was seized or, if that person is not entitled to possess it, to the owner, if the Court is satisfied that— (a) the document or thing is not required (or is no longer required) for the purpose for which it was seized; and (b) the continued retention of the document or thing is not necessary to prevent the document or thing being used in a way that would justify its seizure under this Part.". 22 Service of documents In section 180(1)(a) and (2) of the Australian Consumer Law and Fair Trading Act 2012, for "registered post" substitute "post". 23 Conduct by officers, employees or agents In section 196(3)(a) of the Australian Consumer Law and Fair Trading Act 2012, for "authority or" substitute "authority of". 24 New section 209 substituted For section 209 of the Australian Consumer Law and Fair Trading Act 2012 substitute— "209 Powers of court if requirement of Director or inspector not complied with (1) Subject to subsection (2), if the Director is satisfied that a person has failed, without reasonable excuse, to comply with a requirement under section 125, 126, 148 or 177, the Director may apply to a court for s. 22 -- 19 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 17 Authorised by the Chief Parliamentary Counsel an order directing the person to comply with the requirement. (2) The Director must not make an application under subsection (1) if the person to whom the failure relates has been charged with an offence against section 125(2), 126(3) or 169 (as applicable). (3) On an application under subsection (1), the court may— (a) order the person to comply with the requirement within a period specified in the order; and (b) make any other orders it considers appropriate. (4) If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence under section 125(2), 126(3) or 169 (as applicable) in respect of that failure.". 25 Statute law revision Sections 239 and 240 of, and Schedules 6 and 7 to, the Australian Consumer Law and Fair Trading Act 2012 are repealed. Division 2—Consequential amendments to other Acts 26 Associations Incorporation Reform Act 2012— Application of Australian Consumer Law and Fair Trading Act 2012 For section 219(2)(a) of the Associations Incorporation Reform Act 2012 substitute— "(a) section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to any section of s. 25 -- 20 of 33 -- Part 3—Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 18 Authorised by the Chief Parliamentary Counsel that Act were a reference to section 125 of that Act (as applied by subsection (1));". 27 Fundraising Act 1998—Application of Australian Consumer Law and Fair Trading Act 2012 For section 68(2)(a) of the Fundraising Act 1998 substitute— "(a) section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to any section of that Act were a reference to section 125 of that Act (as applied by subsection (1));". 28 Sale of Land Act 1962—Application of Australian Consumer Law and Fair Trading Act 2012 In section 48A(2) of the Sale of Land Act 1962 omit "and section 209(2) did not apply". __________________ s. 27 -- 21 of 33 -- Part 4—Domestic Building Contracts Act 1995 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 19 Authorised by the Chief Parliamentary Counsel PART 4—DOMESTIC BUILDING CONTRACTS ACT 1995 29 Offences for which infringement notices may be served In Schedule 2 to the Domestic Building Contracts Act 1995, the items relating to sections 67, 88(5) and 111 are repealed. __________________ See: Act No. 91/1995. Reprint No. 7 as at 1 January 2011 and amending Act Nos 21/2012 and 34/2013. LawToday: www. legislation. vic.gov.au s. 29 -- 22 of 33 -- Part 5—Estate Agents Act 1980 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 20 Authorised by the Chief Parliamentary Counsel PART 5—ESTATE AGENTS ACT 1980 30 Definitions In section 4(1) of the Estate Agents Act 1980, in the definition of approved industry association, in paragraph (a) for "Ltd." substitute "Limited ACN 004 210 897". 31 Estate Agents Council (1) For section 6(2)(a) and (b) of the Estate Agents Act 1980 substitute— "(a) 3 are to be persons from the real estate industry, of whom at least 2 must be appointed from a panel of names submitted under subsection (2A); (b) one is to be a person appointed from a panel of names submitted under subsection (2B);". (2) After section 6(2) of the Estate Agents Act 1980 insert— "(2A) For the purposes of subsection (2)(a), the panel is to— (a) consist of the names of 8 persons or, if only one vacancy on the Council is to be filled, 4 persons, who have been practising as licensed estate agents for the previous 5 years; and See: Act No. 9428. Reprint No. 11 as at 1 April 2011 and amending Act Nos 63/2010, 36/2011, 21/2012, 19/2013 and 57/2013. LawToday: www. legislation. vic.gov.au. s. 30 -- 23 of 33 -- Part 5—Estate Agents Act 1980 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 21 Authorised by the Chief Parliamentary Counsel (b) be submitted by The Real Estate Institute of Victoria Limited ACN 004 210 897. (2B) For the purposes of subsection (2)(b), the panel is to— (a) consist of the names of 3 persons or, if only one vacancy on the Council is to be filled, 2 persons, who have been practising as licensed estate agents for the previous 5 years; and (b) be submitted by the Australian Livestock & Property Agents Association Limited ACN 096 142 880.". 32 Restriction on agent purchasing property For section 55(4)(a)(ii) of the Estate Agents Act 1980 substitute— "(ii) acts honestly and reasonably in relation to the transaction; and". __________________ s. 32 -- 24 of 33 -- Part 6—Fire Services Levy Monitor Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 22 Authorised by the Chief Parliamentary Counsel PART 6—FIRE SERVICES LEVY MONITOR ACT 2012 33 Service of documents In section 24 of the Fire Services Levy Monitor Act 2012, for "registered post" (wherever occurring) substitute "post". 34 New section 100 substituted For section 100 of the Fire Services Levy Monitor Act 2012 substitute— "100 Powers of court if requirement of Monitor or inspector not complied with (1) Subject to subsection (2), if the Monitor is satisfied that a person has failed, without reasonable excuse, to comply with a requirement under section 18, 19, 30 or 71, the Monitor may apply to a court for an order directing the person to comply with the requirement. (2) The Monitor must not make an application under subsection (1) if the person to whom the failure relates has been charged with an offence against section 18(2), 19(3), 30(4) or 65 (as applicable). (3) On an application under subsection (1), the court may— (a) order the person to comply with the requirement within a period specified in the order; and (b) make any other orders it considers appropriate. See: Act No. 81/2012. LawToday: www. legislation. vic.gov.au s. 33 -- 25 of 33 -- Part 6—Fire Services Levy Monitor Act 2012 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 23 Authorised by the Chief Parliamentary Counsel (4) If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence under section 18(2), 19(3), 30(4) or 65 (as applicable) in respect of that failure.". __________________ s. 34 -- 26 of 33 -- Part 7—Funerals Act 2006 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 24 Authorised by the Chief Parliamentary Counsel PART 7—FUNERALS ACT 2006 35 Purposes Section 1(c) of the Funerals Act 2006 is repealed. 36 Definitions In section 3 of the Funerals Act 2006, the definition of Council is repealed. 37 Repeal of Part 2 Part 2 of the Funerals Act 2006 is repealed. __________________ See: Act No. 77/2006 and amending Act Nos 17/2007, 1/2010, 63/2010, 72/2010 and 21/2012. LawToday: www. legislation. vic.gov.au s. 35 -- 27 of 33 -- Part 8—Motor Car Traders Act 1986 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 25 Authorised by the Chief Parliamentary Counsel PART 8—MOTOR CAR TRADERS ACT 1986 38 Prohibited employees In section 35A(5) of the Motor Car Traders Act 1986, for the definition of customer service capacity substitute— "customer service capacity means any position that requires the holder of the position to buy, sell or exchange motor cars, or to seek to buy, sell or exchange motor cars, on behalf of the motor car trader;". 39 Cooling-off period For section 43(1B), (1C), (2) and (2A) of the Motor Car Traders Act 1986 substitute— "(2) Subsection (1) ceases to apply on acceptance by a purchaser of delivery of the motor car within the period during which the purchaser may terminate the agreement.". 40 Particulars to be displayed Section 52(2)(b) and (ba) of the Motor Car Traders Act 1986 are repealed. 41 Motor car traders to provide name and address of last owner Section 53 of the Motor Car Traders Act 1986 is repealed. See: Act No. 104/1986. Reprint No. 7 as at 17 March 2011 and amending Act Nos 74/2010, 79/2011, 21/2012, 43/2012, 30/2013 and 70/2013. LawToday: www. legislation. vic.gov.au s. 38 -- 28 of 33 -- Part 8—Motor Car Traders Act 1986 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 26 Authorised by the Chief Parliamentary Counsel 42 Section 83A substituted For section 83A of the Motor Car Traders Act 1986 substitute— "83A Retention of documents A person must retain a document that is required to be kept by this Act or the regulations for at least 6 years after its creation. Penalty: 20 penalty units.". 43 Regulations After section 90(1)(e) of the Motor Car Traders Act 1986 insert— "(ea) prescribing the information to be given, including in an agreement for the sale of a motor car, by a motor car trader to the purchaser of a motor car, including— (i) information about warranties or insurance policies; and (ii) information about the purchaser's rights under this Act; and". __________________ s. 42 -- 29 of 33 -- Part 9—Retirement Villages Act 1986 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 27 Authorised by the Chief Parliamentary Counsel PART 9—RETIREMENT VILLAGES ACT 1986 44 Definitions In section 3(1) of the Retirement Villages Act 1986, in the definition of residence documents paragraph (f) is repealed. 45 Resident to be given certain information Section 20(2) of the Retirement Villages Act 1986 is repealed. __________________ See: Act No. 126/1986. Reprint No. 6 as at 11 June 2009 and amending Act Nos 1/2010, 13/2010, 63/2010, 72/2010, 21/2012 and 2/2013. LawToday: www. legislation. vic.gov.au s. 44 -- 30 of 33 -- Part 10—Sex Work Act 1994 Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 28 Authorised by the Chief Parliamentary Counsel PART 10—SEX WORK ACT 1994 46 Controls on advertising by sex work service providers In section 17(3)(b) of the Sex Work Act 1994, after "services" insert "if the employment will involve, to any extent, the employee engaging in sex work". 47 Circumstances in which Authority must refuse licence application In section 37(4) of the Sex Work Act 1994, for "paragraph (b) of the definition of insolvent under administration in section 3" substitute "paragraph (d) of the definition of insolvent under administration in section 38 of the Interpretation of Legislation Act 1984". 48 Advisory Committee In section 67(1A)(b) of the Sex Work Act 1994 omit "control". __________________ See: Act No. 102/1994. Reprint No. 8 as at 21 August 2013 and amending Act No. 77/2013. LawToday: www. legislation. vic.gov.au s. 46 -- 31 of 33 -- Part 11—Repeal of Amending Act Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 29 Authorised by the Chief Parliamentary Counsel PART 11—REPEAL OF AMENDING ACT 49 Repeal of amending Act This Act is repealed on 31 December 2015. 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). ═══════════════ s. 49 -- 32 of 33 -- Consumer Affairs Legislation Amendment Act 2014 No. 50 of 2014 30 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Council: 27 March 2014 Legislative Assembly: 29 May 2014 The long title for the Bill for this Act was "A Bill for an Act to amend the Associations Incorporation Reform Act 2012, the Australian Consumer Law and Fair Trading Act 2012, the Domestic Building Contracts Act 1995, the Estate Agents Act 1980, the Fire Services Levy Monitor Act 2012, the Funerals Act 2006, the Motor Car Traders Act 1986, the Retirement Villages Act 1986 and the Sex Work Act 1994 and for other purposes." Endnotes -- 33 of 33 --