Consumer Affairs Legislation Amendment Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 PART 2—AMENDMENT TO SCHEDULE 4 TO THE ASSOCIATIONS INCORPORATION REFORM ACT 2012 4 3 Transitional provisions—Public officer of an incorporated association 4 PART 3—OTHER AMENDMENTS TO THE ASSOCIATIONS INCORPORATION REFORM ACT 2012 5 4 Application for incorporation 5 5 Trust property 5 PART 4—AMENDMENTS TO THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 6 6 Definition of high value amended 6 7 New section 12A inserted 6 12A Certain instruments are not legislative instruments under Subordinate Legislation Act 1994 6 PART 5—AMENDMENT TO THE CO-OPERATIVES NATIONAL LAW APPLICATION ACT 2013 8 8 New section 28A inserted 8 28A Model rules for co-operatives in respect of which a government guarantee exists 8 PART 6—AMENDMENTS TO THE ESTATE AGENTS ACT 1980 9 9 Act not to apply to Government Departments etc. 9 10 Eligibility for employment as an agent's representative 9 -- 1 of 16 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 7—AMENDMENT TO THE INTERPRETATION OF LEGISLATION ACT 1984 10 11 References to Australian Consumer Law 10 12 New section 38K inserted 10 38K References to Co-operatives National Law 10 PART 8—AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 1997 11 13 Notice by owner of building or other person who is not rooming house owner 11 14 Notice of no effect 11 15 Form of notice to vacate 11 16 Order of Tribunal 11 17 Contents of possession order 12 PART 9—REPEAL OF AMENDING ACT 13 18 Repeal 13 ═══════════════ ENDNOTES 14 -- 2 of 16 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Consumer Affairs Legislation Amendment Act 2013 † No. 57 of 2013 [Assented to 22 October 2013] 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 to— (i) clarify that the public officer of an incorporated association to which clause 9(1) of Schedule 4 to that Act Victoria -- 3 of 16 -- Part 1—Preliminary Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 2 Authorised by the Chief Parliamentary Counsel applies need not be appointed under the rules referred to in that clause; and (ii) correct internal cross references elsewhere in that Act; (b) to amend the Australian Consumer Law and Fair Trading Act 2012 to— (i) increase the defined minimum value of a high value motor vehicle for the purposes of the disposal of uncollected motor vehicles; and (ii) specify that certain instruments under the Australian Consumer Law (Victoria) are not legislative instruments for the purposes of the Subordinate Legislation Act 1994; (c) to amend the Co-operatives National Law Application Act 2013 to provide that regulations made under that Act may prescribe model rules for co-operatives in respect of which a government guarantee exists; (d) to amend the Estate Agents Act 1980 to— (i) update certain references to government entities in section 5 of that Act; and (ii) include CrimTrac as an agency that can provide a certificate in relation to a person's criminal record for the purposes of the appointment of the person as an estate agent's representative; s. 1 -- 4 of 16 -- Part 1—Preliminary Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 3 Authorised by the Chief Parliamentary Counsel (e) to amend the Interpretation of Legislation Act 1984— (i) to include a definition of Co-operatives National Law (Victoria); and (ii) in relation to references to the Australian Consumer Law; (f) to amend the Residential Tenancies Act 1997 to— (i) clarify the operation of the notice requirements under section 289A of that Act; and (ii) provide that certain requirements applying to a notice to vacate under section 317ZF of that Act (in relation to a fixed term site agreement) apply also to a notice to vacate under section 317ZG of that Act (in relation to a periodic site agreement). 2 Commencement (1) Part 1 comes into operation on the day on which this Act receives the Royal Assent. (2) Part 2 is taken to have come into operation on 26 November 2012. (3) The remaining provisions of this Act come into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 5 of 16 -- Part 2—Amendment to Schedule 4 to the Associations Incorporation Reform Act 2012 Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 4 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT TO SCHEDULE 4 TO THE ASSOCIATIONS INCORPORATION REFORM ACT 2012 3 Transitional provisions—Public officer of an incorporated association In Schedule 4 to the Associations Incorporation Reform Act 2012, in clause 9(1) omit "under those rules". __________________ s. 3 See: Act No. 20/2012 and amending Act Nos 21/2012 and 9/2013. LawToday: www. legislation. vic.gov.au -- 6 of 16 -- Part 3—Other Amendments to the Associations Incorporation Reform Act 2012 Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 5 Authorised by the Chief Parliamentary Counsel PART 3—OTHER AMENDMENTS TO THE ASSOCIATIONS INCORPORATION REFORM ACT 2012 4 Application for incorporation In the note at the foot of section 6(4) of the Associations Incorporation Reform Act 2012 for "subsection (3)(a)(i)" substitute "subsection (4)(a)(i)". 5 Trust property In section 31(4) of the Associations Incorporation Reform Act 2012 for "Subsection (4)" substitute "Subsection (3)". __________________ s. 4 -- 7 of 16 -- Part 4—Amendments to the Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 6 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENTS TO THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 6 Definition of high value amended In section 3(1) of the Australian Consumer Law and Fair Trading Act 2012, in paragraph (a) of the definition of high value, for "$200" substitute "$1000". 7 New section 12A inserted After section 12 of the Australian Consumer Law and Fair Trading Act 2012 insert— "12A Certain instruments are not legislative instruments under Subordinate Legislation Act 1994 The following instruments made under the Australian Consumer Law (Victoria) are not legislative instruments for the purposes of the Subordinate Legislation Act 1994— (a) a safety standard published under section 104(1); (b) a safety standard declared under section 105(1); (c) an interim ban on consumer goods published under section 109(1); (d) an interim ban on product related services published under section 109(2); (e) a notice of extension of an interim ban period under section 111(2); s. 6 See: Act No. 21/2012 and amending Act Nos 21/2012, 81/2012 and 9/2013. LawToday: www. legislation. vic.gov.au -- 8 of 16 -- Part 4—Amendments to the Australian Consumer Law and Fair Trading Act 2012 Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 7 Authorised by the Chief Parliamentary Counsel (f) a notice of extension of an interim ban period under section 111(4); (g) a notice of further extension of an interim ban period under section 111(6); (h) a notice of revocation of an interim ban published under section 113; (i) a permanent ban on consumer goods published under section 114(1); (j) a permanent ban on product related services published under section 114(2); (k) a notice of revocation of a permanent ban published under section 117; (l) a recall notice published under section 122(1); (m) an information standard published under section 134(1); (n) an information standard declared under section 135(1).". __________________ s. 7 -- 9 of 16 -- Part 5—Amendment to the Co-operatives National Law Application Act 2013 Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 8 Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENT TO THE CO-OPERATIVES NATIONAL LAW APPLICATION ACT 2013 8 New section 28A inserted After section 28 of the Co-operatives National Law Application Act 2013 insert— "28A Model rules for co-operatives in respect of which a government guarantee exists (1) The model rules of government guarantee co-operatives (the local model rules) are the model rules prescribed under the Co-operatives National Law (Victoria) for non-distributing co-operatives with share capital subject to the modifications prescribed by the local regulations for the purposes of this section. (2) The Co-operatives National Law (Victoria) applies to the local model rules as if they were model rules to which section 64 of that Law refers except that in section 66 of that Law a reference to the amendment of model rules is to be read as including a reference to any amendment to the local model rules made by the local regulations. (3) In this section— government guarantee co-operative means a co-operative in respect of which a government guarantee exists under Division 6 of Part 3 of the Co-operatives Act 1996; Note The operation of Division 6 of Part 3 of the Co-operatives Act 1996 is preserved by virtue of section 37.". __________________ s. 8 See: Act No. 9/2013. Statute Book: www. legislation. vic.gov.au -- 10 of 16 -- Part 6—Amendments to the Estate Agents Act 1980 Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 9 Authorised by the Chief Parliamentary Counsel PART 6—AMENDMENTS TO THE ESTATE AGENTS ACT 1980 9 Act not to apply to Government Departments etc. In section 5(1)(b) of the Estate Agents Act 1980— (a) for "Housing the Rural Water Corporation" substitute "Housing, the Rural Water Corporation,"; (b) for "Secretary to the Department of Natural Resources and Environment" substitute "Secretary referred to in section 6 of the Conservation, Forests and Lands Act 1987"; (c) for "Corporation the State Electricity Commission of Victoria" substitute "Corporation, the State Electricity Commission of Victoria,". 10 Eligibility for employment as an agent's representative (1) In section 16(4)(a)(i) of the Estate Agents Act 1980, after "Police" insert "or CrimTrac". (2) In section 16(8) of the Estate Agents Act 1980— (a) in paragraph (a) omit "or (4)(a)(ii)"; (b) in paragraph (b), after "Police" insert "or CrimTrac". (3) After section 16(8) of the Estate Agents Act 1980 insert— "(9) In this section, CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999 of the Commonwealth.". __________________ s. 9 See: Act No. 9428. Reprint No. 11 as at 1 April 2011 and amending Act Nos 63/2010, 36/2011, 21/2012 and 19/2013. LawToday: www. legislation. vic.gov.au -- 11 of 16 -- Part 7—Amendment to the Interpretation of Legislation Act 1984 Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 10 Authorised by the Chief Parliamentary Counsel PART 7—AMENDMENT TO THE INTERPRETATION OF LEGISLATION ACT 1984 11 References to Australian Consumer Law In section 38F of the Interpretation of Legislation Act 1984 for "subordinate legislation" substitute "subordinate instrument". 12 New section 38K inserted Before section 39 of the Interpretation of Legislation Act 1984 insert— "38K References to Co-operatives National Law In an Act or subordinate instrument— Co-operatives National Law (Victoria) means the provisions applying because of section 4(1) of the Co-operatives National Law Application Act 2013.". __________________ s. 11 See: Act No. 10096. Reprint No. 11 as at 17 January 2013 and amending Act Nos 7/2013, 22/2013, 30/2013 and 36/2013. LawToday: www. legislation. vic.gov.au -- 12 of 16 -- Part 8—Amendments to the Residential Tenancies Act 1997 Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 11 Authorised by the Chief Parliamentary Counsel PART 8—AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 1997 13 Notice by owner of building or other person who is not rooming house owner (1) In section 289A(2) of the Residential Tenancies Act 1997, for "If this section applies, notice to vacate may" substitute "Subject to subsection (2A), if this section applies notice to vacate must". (2) After section 289A(2) of the Residential Tenancies Act 1997 insert— "(2A) Notice to vacate does not have to be given under subsection (2) if either of the following intends to directly operate the premises as a rooming house following any termination or abandonment under subsection (1)— (a) the owner of the building; or (b) the lessee of the building who is not the rooming house owner.". 14 Notice of no effect In section 317ZH(1) of the Residential Tenancies Act 1997, after "section 317ZF" insert "or 317ZG". 15 Form of notice to vacate In section 319(d) of the Residential Tenancies Act 1997, for "or 317ZF" substitute ", 317ZF or 317ZG". 16 Order of Tribunal In section 330(1) of the Residential Tenancies Act 1997— (a) in paragraph (d), for "intention to vacate." substitute "intention to vacate; and"; s. 13 See: Act No. 109/1997. Reprint No. 7 as at 14 November 2012 and amending Act Nos 47/2012 and 56/2012. LawToday: www. legislation. vic.gov.au -- 13 of 16 -- Part 8—Amendments to the Residential Tenancies Act 1997 Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 12 Authorised by the Chief Parliamentary Counsel (b) after paragraph (d) insert— "(e) that any resident who is entitled to a period of notice under section 289A has been given the required notice.". 17 Contents of possession order After section 333(1) of the Residential Tenancies Act 1997 insert— "(1A) Despite subsection (1)(a), if a resident referred to in subparagraph (iia) is entitled to a longer period of notice under section 289A, the possession order must specify a day that gives the resident not less than that longer period of notice as the day by which the resident must vacate the building.". __________________ s. 17 -- 14 of 16 -- Part 9—Repeal of Amending Act Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 13 Authorised by the Chief Parliamentary Counsel PART 9—REPEAL OF AMENDING ACT 18 Repeal This Act is repealed on the day after the first anniversary of the day on which it receives the Royal Assent. 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. 18 -- 15 of 16 -- Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013 14 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 21 August 2013 Legislative Council: 19 September 2013 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 Co-operatives National Law Application Act 2013, the Estate Agents Act 1980, the Interpretation of Legislation Act 1984 and the Residential Tenancies Act 1997 and for other purposes." Endnotes -- 16 of 16 --