Statute Law Revision Act 2013
Authorised by the Chief Parliamentary Counsel
Authorised Version
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Statute Law Revision Act 2013
No. 70 of 2013
TABLE OF PROVISIONS
Section Page
1 Purpose 1
2 Commencement 1
3 Amendment of Acts—General amendments 2
4 Amendment of Acts—Administrative arrangements 2
5 Amendment of Acts—Transitional and other provisions 2
6 Repeal of spent Acts 2
7 Repeal of amending Act 2
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SCHEDULES 3
SCHEDULE 1—Amendment of Acts—General Amendments 3
1 Assisted Reproductive Treatment Act 2008 3
2 Associations Incorporation Reform Act 2012 3
3 Building Act 1993 3
4 Business Names (Commonwealth Powers) Act 2011 3
5 Casino (Management Agreement) Act 1993 3
6 Congestion Levy Act 2005 3
7 Constitution (Appointments) Act 2009 3
8 Co-operatives National Law Application Act 2013 3
9 Corporations (Commonwealth Powers) Act 2001 3
10 County Court Act 1958 4
11 Courts (Case Transfer) Act 1991 4
12 Crimes at Sea Act 1999 4
13 Crimes (Controlled Operations) Act 2004 4
14 Dental Hospital Land Act 2011 4
15 Duties Act 2000 4
16 Freedom of Information Act 1982 4
17 Gambling Regulation Act 2003 5
18 Gas and Fuel Corporation (Heatane Gas) Act 1993 5
19 Geographic Place Names Act 1998 5
20 Greenhouse Gas Geological Sequestration Act 2008 5
21 Heavy Vehicle National Law Application Act 2013 5
22 Housing Act 1983 5
23 Independent Broad-based Anti-corruption Commission
Act 2011 5
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24 Integrity and Accountability Legislation Amendment
Act 2012 5
25 Interpretation of Legislation Act 1984 6
26 Liquor Control Reform Act 1998 6
27 Magistrates' Court Act 1989 6
47 Transitional provisions—Justice Legislation
Amendment Act 2012 6
28 Major Crime (Investigative Powers) Act 2004 6
29 Major Sporting Events Act 2009 7
30 Major Transport Projects Facilitation Act 2009 7
31 Marine Safety Act 2010 7
32 Medical Research Institutes Repeal Act 2008 7
33 Melbourne Cricket Ground Act 2009 7
34 Mineral Resources (Sustainable Development) Act 1990 7
35 Mineral Resources (Sustainable Development) Amendment
Act 2012 7
36 Monetary Units Act 2004 7
37 Motor Car Traders Act 1986 7
38 Mutual Recognition (Victoria) Act 1998 8
39 Offshore Petroleum and Greenhouse Gas Storage Act 2010 8
40 Parliamentary Committees Act 2003 8
41 Prohibition of Human Cloning for Reproduction Act 2008 8
42 Property Law Act 1958 8
43 Public Prosecutions Act 1994 9
44 Rail Safety National Law Application Act 2013 9
45 Rain-making Control Act 1967 9
46 Research Involving Human Embryos Act 2008 9
47 Resources Legislation Amendment (General) Act 2012 9
48 Royal Botanic Gardens Act 1991 9
49 Sentencing Act 1991 10
50 Serious Sex Offenders (Detention and Supervision)
Act 2009 10
51 Sheriff Act 2009 10
52 State Bank (Succession of Commonwealth Bank) Act 1990 10
53 State Employees Retirement Benefits Act 1979 10
54 Summary Offences Act 1966 10
55 Tourist and Heritage Railways Act 2010 10
56 Transfer of Land Act 1958 10
57 Victorian Commission for Gambling and Liquor
Regulation Act 2011 11
58 Victorian Funds Management Corporation Act 1994 11
59 Victorian Inspectorate Act 2011 11
60 Victorian Institute of Forensic Medicine Act 1985 11
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SCHEDULE 2—Amendment of Acts—Administrative
Arrangements 12
1 Accident Towing Services Act 2007 12
2 Agent-General and Commissioners for Victoria Act 2007 12
3 Agricultural Industry Development Act 1990 12
4 Agricultural and Veterinary Chemicals (Control of Use)
Act 1992 13
5 Broiler Chicken Industry Act 1978 13
6 Bus Safety Act 2009 13
7 Bus Services Act 1995 13
8 Child Employment Act 2003 13
9 Control of Genetically Modified Crops Act 2004 14
10 Dairy Act 2000 14
11 Domestic Animals Act 1994 14
12 Drugs, Poisons and Controlled Substances Act 1981 14
13 Duties Act 2000 14
14 EastLink Project Act 2004 15
15 Electricity Industry Act 2000 15
16 Electricity Safety Act 1998 16
17 Farm Debt Mediation Act 2011 16
18 Fisheries Act 1995 16
19 Flora and Fauna Guarantee Act 1988 16
20 Forests Act 1958 16
21 Geothermal Energy Resources Act 2005 17
22 Graffiti Prevention Act 2007 17
23 Greenhouse Gas Geological Sequestration Act 2008 17
24 Impounding of Livestock Act 1994 17
25 Land Conservation (Vehicle Control) Act 1972 18
26 Livestock Disease Control Act 1994 18
27 Livestock Management Act 2010 18
28 Major Transport Projects Facilitation Act 2009 19
29 Marine (Drug, Alcohol and Pollution Control) Act 1988 19
30 Meat Industry Act 1993 19
31 Melbourne City Link Act 1995 19
32 Mineral Resources (Sustainable Development) Act 1990 20
33 National Electricity (Victoria) Act 2005 20
34 Petroleum Act 1998 20
35 Pipelines Act 2005 20
36 Planning and Environment Act 1987 21
37 Plant Biosecurity Act 2010 22
38 Port Management Act 1995 22
39 Prevention of Cruelty to Animals Act 1986 22
40 Rail Safety National Law Application Act 2013 23
41 Regional Development Victoria Act 2002 23
42 Regional Growth Fund Act 2011 23
43 Road Management Act 2004 23
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44 Road Safety Act 1986 24
45 Safety on Public Land Act 2004 26
46 Shop Trading Reform Act 1996 26
47 Small Business Commissioner Act 2003 26
48 Stock (Seller Liability and Declarations) Act 1993 27
49 Sustainable Forests (Timber) Act 2004 27
50 Tourist and Heritage Railways Act 2010 27
51 Transport Integration Act 2010 27
52 Transport (Compliance and Miscellaneous) Act 1983 27
53 Very Fast Train (Route Investigation) Act 1989 28
54 Veterinary Practice Act 1997 28
55 Victorian Industry Participation Policy Act 2003 28
56 Water Act 1989 28
SCHEDULE 3—Amendment of Acts—Transitional and Other
provisions 30
1 Crimes Act 1958 30
585AA Transitional provisions—(Crimes (Theft) Act 1973) 30
585AB Transitional provisions—(Crimes (Criminal
Damage) Act 1978) 31
585AC Transitional provisions—(Crimes (Classification of
Offences) Act 1981) 32
585AD Transitional provisions—(Crimes (Conspiracy and
Incitement) Act 1984) 33
585AE Transitional provisions—(Crimes (Custody and
Investigation) Act 1988) 34
585AF Transitional provisions—(Crimes (Fingerprinting)
Act 1988) 35
2 Credit (Administration) Act 1984 35
96 Immunity against civil liability—Credit
(Administration) (Amendment) Act 1993 35
SCHEDULE 4—Repeal of Acts 36
═══════════════
ENDNOTES 38
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Authorised Version
1
Statute Law Revision Act 2013 †
No. 70 of 2013
[Assented to 19 November 2013]
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 December 2013.
(2) The following items in Schedule 1 are taken to
have come into operation on the following dates—
(a) item 10 on 9 May 2012;
(b) item 24 on 9 February 2013;
Victoria
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(c) item 35 on 31 January 2013;
(d) item 47.1 on 30 November 2012;
(e) item 47.2 on 30 November 2012;
(f) item 57.2 on 5 February 2012;
(g) item 59 on 11 February 2013.
3 Amendment of Acts—General amendments
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 Amendment of Acts—Administrative arrangements
On the commencement of an item in Schedule 2,
the Act specified in the heading to that item is
amended as set out in that item.
5 Amendment of Acts—Transitional and other
provisions
On the commencement of an item in Schedule 3,
the Act specified in the heading to that item is
amended as set out in that item.
6 Repeal of spent Acts
The Acts listed in Schedule 4 (to the extent that
they are not already repealed) are repealed.
7 Repeal of amending Act
This Act is repealed on 1 December 2014.
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).
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SCHEDULES
SCHEDULE 1
Section 3
AMENDMENT OF ACTS—GENERAL AMENDMENTS
1 Assisted Reproductive Treatment Act 2008
Part 16 is repealed.
2 Associations Incorporation Reform Act 2012
Sections 224 and 225 are repealed.
3 Building Act 1993
In section 221ZZZH(2), for "Commission"
substitute "Authority".
4 Business Names (Commonwealth Powers) Act 2011
Part 5 is repealed.
5 Casino (Management Agreement) Act 1993
Parts 3 and 4 are repealed.
6 Congestion Levy Act 2005
Part 7 is repealed.
7 Constitution (Appointments) Act 2009
Section 7 is repealed.
8 Co-operatives National Law Application Act 2013
In the note at the foot of section 32(1), for
"Co-operative" substitute "Co-operatives".
9 Corporations (Commonwealth Powers) Act 2001
Section 10 is repealed.
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10 County Court Act 1958
For section 28(1) substitute—
"(1) There shall be payable on every civil
proceeding in the court to the registrar or a
deputy registrar of the court at or for the
place where the proceeding is to be heard
such fees as are prescribed; and the fees on
every proceeding shall be paid in the first
instance by the party on whose behalf such
proceeding is to be had on or before such
proceeding; and the fees upon execution or
commitment, excluding fees payable to the
bailiff, shall be paid into court before or at
the time of the issue of the writ or other
process.".
11 Courts (Case Transfer) Act 1991
Parts 8 and 9 are repealed.
12 Crimes at Sea Act 1999
Section 10 is repealed.
13 Crimes (Controlled Operations) Act 2004
In section 45(1), for "IBAC" (where twice
occurring) substitute "the IBAC".
14 Dental Hospital Land Act 2011
Part 3 is repealed.
15 Duties Act 2000
In section 3(1), the definition of linked entity
(where secondly occurring) is repealed.
16 Freedom of Information Act 1982
16.1 In section 63D(4), for "31))" substitute "31)".
16.2 In section 63D(6)(c), after "on behalf" insert "of".
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17 Gambling Regulation Act 2003
For the note at the foot of section 6A.3.8
substitute—
"Note
The licence is also subject to the condition specified in
section 6A.3.9A.".
18 Gas and Fuel Corporation (Heatane Gas) Act 1993
Section 21 is repealed.
19 Geographic Place Names Act 1998
Sections 22, 23 and 24 are repealed.
20 Greenhouse Gas Geological Sequestration Act 2008
Division 3 of Part 18 is repealed.
21 Heavy Vehicle National Law Application Act 2013
In section 58, for "commencement day"
substitute "the commencement day".
22 Housing Act 1983
In clause 5(1) of Schedule 5, for "a infringement"
substitute "an infringement".
23 Independent Broad-based Anti-corruption
Commission Act 2011
23.1 In section 3(1), in paragraph (c) of the
definition of detained person, for "2005;"
substitute "2005; or".
23.2 In section 59(3), after "under" insert "subsection".
23.3 In section 66(1)(b), for "or a proposes" substitute
"or proposes".
24 Integrity and Accountability Legislation
Amendment Act 2012
In section 27, for "After section 4" substitute
"In section 4".
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25 Interpretation of Legislation Act 1984
In section 41(1)—
(a) in paragraph (a) omit "until";
(b) in paragraph (a)(i), for "a person" substitute
"until a person".
26 Liquor Control Reform Act 1998
26.1 In section 6(c)(ii), for "person registered"
substitute "a person registered".
26.2 In section 35(1A), for "licence" substitute
"licence.".
27 Magistrates' Court Act 1989
27.1 In Schedule 8, clause 47 is repealed.
27.2 In Schedule 8, after clause 46 insert—
"47 Transitional provisions—Justice
Legislation Amendment Act 2012
This Act as amended by section 7 of the
Justice Legislation Amendment Act 2012
applies to any proceeding in the Assessment
and Referral Court List, irrespective of
whether the offence to which the proceeding
relates was alleged to have been committed
before, on or after the commencement of that
section.".
28 Major Crime (Investigative Powers) Act 2004
28.1 In section 3D(3)(b), for 'application." ' substitute
"application".
28.2 In section 10(3A), for "subsection (4)" substitute
"subsection (4).".
28.3 In the note at the foot of section 51, for "11(2)(g)
and (h)" substitute "section 11(2)(g) and (h)".
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29 Major Sporting Events Act 2009
In section 91(3)(a)—
(a) for "sections, 66(1)" substitute
"sections 66(1)";
(b) for "74A 85(1)" substitute "74A, 85(1)".
30 Major Transport Projects Facilitation Act 2009
Section 264 and Schedule 2 are repealed.
31 Marine Safety Act 2010
Chapter 10 is repealed.
32 Medical Research Institutes Repeal Act 2008
Part 4 is repealed.
33 Melbourne Cricket Ground Act 2009
Section 36 is repealed.
34 Mineral Resources (Sustainable Development) Act
1990
Section 126(1), (2), (3) and (5) are repealed.
35 Mineral Resources (Sustainable Development)
Amendment Act 2012
For section 6(1) substitute—
'(1) Insert the following heading to section 110
of the Principal Act—
"Notice requiring authority holder to take
action or stop work".'.
36 Monetary Units Act 2004
Sections 13, 14, 15 and 16 and Schedules 1 and 2
are repealed.
37 Motor Car Traders Act 1986
In section 76(4)(a), for "Commonwealth."
substitute "Commonwealth".
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38 Mutual Recognition (Victoria) Act 1998
Part 3 is repealed.
39 Offshore Petroleum and Greenhouse Gas Storage
Act 2010
39.1 In the table in section 16—
(a) in item 9, for "expired—" substitute
"expired";
(b) in item 10, for "expired—" substitute
"expired";
(c) in item 16, for "expired—" substitute
"expired".
39.2 Section 800 and Schedule 6 are repealed.
39.3 In clause 3 of Schedule 3, in the definition of
reviewing authority, for "the Fair Work Australia"
substitute "Fair Work Australia".
40 Parliamentary Committees Act 2003
In section 3, in the definition of sub-committee,
for "Committee." substitute "Committee;".
41 Prohibition of Human Cloning for Reproduction
Act 2008
Division 2 of Part 5 is repealed.
42 Property Law Act 1958
42.1 After section 160 the heading "Perpetuities" is
repealed.
42.2 After section 163 the heading "Accumulations" is
repealed.
42.3 In the Fifth Schedule, for "19" substitute "20".
42.4 In the Sixth Schedule, for "19" substitute "20".
42.5 In the Seventh Schedule, for "19" (wherever
occurring) substitute "20".
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42.6 In the Eighth Schedule, for "19" (wherever
occurring) substitute "20".
42.7 In the Ninth Schedule, for "A.D. 19" substitute
"20".
43 Public Prosecutions Act 1994
In section 45F(1), for "as soon practicable"
substitute "as soon as practicable".
44 Rail Safety National Law Application Act 2013
44.1 In section 114(1), for "pursuant section 111(1)"
substitute "pursuant to section 111(1)".
44.2 In section 114(2), for "pursuant section 111(2)"
substitute "pursuant to section 111(2)".
44.3 In section 126(3), for "to be to be" substitute
"to be".
44.4 In section 137(1)(a), for "to accredited" substitute
"to be accredited".
45 Rain-making Control Act 1967
In section 5(3), for "forwarded to Minister"
substitute "forwarded to the Minister".
46 Research Involving Human Embryos Act 2008
Division 2 of Part 6 is repealed.
47 Resources Legislation Amendment (General)
Act 2012
47.1 In section 16, for "or mining licence" substitute
"or a mining licence".
47.2 In section 38(2), for "or holder" substitute
"or a holder".
48 Royal Botanic Gardens Act 1991
Division 1 of Part 5 is repealed.
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49 Sentencing Act 1991
In section 10A(1)(d), for "autism" substitute
"an autism".
50 Serious Sex Offenders (Detention and Supervision)
Act 2009
Divisions 2 and 3 of Part 15 and Schedule 3 are
repealed.
51 Sheriff Act 2009
Divisions 1, 2, 3 and 4 of Part 6 are repealed.
52 State Bank (Succession of Commonwealth Bank)
Act 1990
Section 40 is repealed.
53 State Employees Retirement Benefits Act 1979
Section 37(2) is repealed.
54 Summary Offences Act 1966
After section 11 repeal the following heading—
"False Alarms of Fire".
55 Tourist and Heritage Railways Act 2010
Section 32 is repealed.
56 Transfer of Land Act 1958
In section 4(1)—
(a) the definition of service company is
repealed;
(b) insert the following definition—
"service company, in respect of a building
subdivision, means a company or other
body corporate which was or is formed
or incorporated or which operates or is
intended to operate for the purpose of
carrying out the common purposes of
the proprietors of the several stratum
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estates in the subdivision including,
without limiting the generality of the
foregoing, the provision of common
services, the maintenance repair and
insurance against fire of the building or
buildings as a whole and the control
and maintenance of the residual land
but does not include an owners
corporation within the meaning of the
Owners Corporations Act 2006;".
57 Victorian Commission for Gambling and Liquor
Regulation Act 2011
57.1 Parts 7, 8 and 9 are repealed.
57.2 In item 4.99 of the Schedule, for "Insert the
following heading to Division 7 of Part 2"
substitute "For the heading to Division 7 of Part 2
substitute".
58 Victorian Funds Management Corporation Act 1994
Part 6 is repealed.
59 Victorian Inspectorate Act 2011
In item 7(4) of the Schedule, for "82S" substitute
"134".
60 Victorian Institute of Forensic Medicine Act 1985
In section 66(1)(m), for "the Coroners Act 2008"
substitute "of the Coroners Act 2008".
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SCHEDULE 2
Section 4
AMENDMENT OF ACTS—ADMINISTRATIVE
ARRANGEMENTS
1 Accident Towing Services Act 2007
1.1 In section 3(1), in the definition of Department,
for "Department of Infrastructure" substitute
"Department of Transport, Planning and Local
Infrastructure".
1.2 In section 3(5), for "Department of Infrastructure"
substitute "Department of Transport, Planning
and Local Infrastructure".
2 Agent-General and Commissioners for Victoria
Act 2007
2.1 In section 3, in the definition of Secretary, for
"Department of Innovation, Industry and Regional
Development" substitute "Department of State
Development, Business and Innovation".
2.2 In section 10(2), for "Department of Innovation,
Industry and Regional Development" substitute
"Department of State Development, Business and
Innovation".
2.3 In section 13(2), for "Department of Innovation,
Industry and Regional Development" substitute
"Department of State Development, Business and
Innovation".
3 Agricultural Industry Development Act 1990
In section 3, in the definition of Department
Head, for "Department of Primary Industries"
substitute "Department of Environment and
Primary Industries".
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4 Agricultural and Veterinary Chemicals (Control of
Use) Act 1992
4.1 In section 4(1), in the definition of Department,
for "Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
4.2 In section 4(6), for "Department of Primary
Industries" substitute "Department of
Environment and Primary Industries".
5 Broiler Chicken Industry Act 1978
5.1 In section 2, in the definition of Department
Head, for "Department of Primary Industries"
substitute "Department of Environment and
Primary Industries".
5.2 In section 5, for "Department of Primary
Industries" (where twice occurring) substitute
"Department of Environment and Primary
Industries".
6 Bus Safety Act 2009
In section 3(1), in the definition of Department,
for "Department of Transport" substitute
"Department of Transport, Planning and Local
Infrastructure".
7 Bus Services Act 1995
In section 3(1), in the definition of Secretary, for
"Department of Infrastructure" substitute
"Department of Transport, Planning and Local
Infrastructure".
8 Child Employment Act 2003
8.1 In section 3, in the definition of Department, for
"Department of Business and Innovation"
substitute "Department of State Development,
Business and Innovation".
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8.2 In section 19A(2)(o), for "Department of Business
and Innovation" substitute "Department of State
Development, Business and Innovation".
9 Control of Genetically Modified Crops Act 2004
In section 3, in the definition of Department, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
10 Dairy Act 2000
In section 3, in the definition of Department, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
11 Domestic Animals Act 1994
11.1 In section 3(1), in the definition of Department,
for "Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
11.2 In section 3(2), for "Department of Primary
Industries" substitute "Department of
Environment and Primary Industries".
12 Drugs, Poisons and Controlled Substances Act 1981
In section 61(1), in the definition of Secretary, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
13 Duties Act 2000
In section 47A(1)(b), for "Department of
Transport" substitute "Department of Transport,
Planning and Local Infrastructure".
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14 EastLink Project Act 2004
14.1 In section 3(1)—
(a) in the definition of Central Plan Office, for
"Department of Sustainability and
Environment" substitute "Department of
Transport, Planning and Local
Infrastructure";
(b) the definition of Secretary to the
Department of Sustainability and
Environment is repealed;
(c) insert the following definition—
"Secretary to the Department of
Environment and Primary Industries
means the Department Head of the
Department of Environment and
Primary Industries".
14.2 In section 40(1), for "Secretary to the Department
of Sustainability and Environment" substitute
"Secretary to the Department of Environment and
Primary Industries".
14.3 In section 221, for "Department of Infrastructure"
(where twice occurring) substitute "Department
of Transport, Planning and Local Infrastructure".
15 Electricity Industry Act 2000
15.1 In section 40FJ(3), for "Department of Primary
Industries" substitute "Department of State
Development, Business and Innovation".
15.2 In section 40NC(2), for "Department of Primary
Industries" substitute "Department of State
Development, Business and Innovation".
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16 Electricity Safety Act 1998
In section 87(5)(e), for "Department of
Sustainability and Environment" substitute
"Department of Environment and Primary
Industries".
17 Farm Debt Mediation Act 2011
In section 3, in the definition of Department, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
18 Fisheries Act 1995
18.1 In section 4(1), in the definition of Department,
for "Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
18.2 In section 4(1), in the definition of Secretary, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
19 Flora and Fauna Guarantee Act 1988
19.1 In section 3(1), in the definition of Department,
for "Department of Sustainability and
Environment" substitute "Department of
Environment and Primary Industries".
19.2 In section 3(3), for "Department of Sustainability
and Environment" substitute "Department of
Environment and Primary Industries".
20 Forests Act 1958
20.1 In section 3(1), in the definition of Central Plan
Office, for "Department of Sustainability and
Environment" substitute "Department of
Transport, Planning and Local Infrastructure".
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20.2 In section 3A(2)(b), for "Department of
Sustainability and Environment" substitute
"Department of Environment and Primary
Industries".
20.3 In section 61A, for "Department of Sustainability
and Environment" substitute "Department of
Environment and Primary Industries".
20.4 In section 61B, for "Department of Sustainability
and Environment" substitute "Department of
Environment and Primary Industries".
20.5 In section 61C, for "Department of Sustainability
and Environment" (where twice occurring)
substitute "Department of Environment and
Primary Industries".
21 Geothermal Energy Resources Act 2005
In section 4(1), in the definition of Department,
for "Department of Primary Industries" substitute
"Department of State Development, Business and
Innovation".
22 Graffiti Prevention Act 2007
In section 25(2A)(a), for "Department of
Transport" substitute "Department of Transport,
Planning and Local Infrastructure".
23 Greenhouse Gas Geological Sequestration Act 2008
In section 3, in the definition of Department, for
"Department of Primary Industries" substitute
"Department of State Development, Business and
Innovation".
24 Impounding of Livestock Act 1994
In section 3, in the definition of Department, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
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25 Land Conservation (Vehicle Control) Act 1972
In section 5(3), for "Department of Natural
Resources and Environment" substitute
"Department of Transport, Planning and Local
Infrastructure".
26 Livestock Disease Control Act 1994
26.1 In section 3(1), in the definition of Secretary, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
26.2 In section 3(2), for "Department of Primary
Industries" substitute "Department of
Environment and Primary Industries".
26.3 In section 87(3)(b), for "Department of Primary
Industries" substitute "Department of
Environment and Primary Industries".
26.4 In section 102(2), for "Department of Primary
Industries" substitute "Department of
Environment and Primary Industries".
26.5 In section 107B(4A)(a), for "Department of
Primary Industries or the Department of
Sustainability and Environment" substitute
"Department of Environment and Primary
Industries".
26.6 In section 107B(4A)(c), for "Department of
Primary Industries" substitute "Department of
Environment and Primary Industries".
27 Livestock Management Act 2010
In section 3, in the definition of Department, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
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28 Major Transport Projects Facilitation Act 2009
In section 3, in the definition of Central Plan
Office, for "Department of Sustainability and
Environment" substitute "Department of
Transport, Planning and Local Infrastructure".
29 Marine (Drug, Alcohol and Pollution Control)
Act 1988
In section 3(1), in the definition of Department,
for "Department of Transport" substitute
"Department of Transport, Planning and Local
Infrastructure".
30 Meat Industry Act 1993
30.1 In section 3(1), in the definition of chief
veterinary officer, for "Department of Primary
Industries" substitute "Department of
Environment and Primary Industries".
30.2 In section 3(1), in the definition of Secretary, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
30.3 In section 3(1A), for "Department of Primary
Industries" substitute "Department of
Environment and Primary Industries".
30.4 In section 30(6), for "Department of Primary
Industries" substitute "Department of
Environment and Primary Industries".
31 Melbourne City Link Act 1995
31.1 In section 3, in the definition of Central Plan
Office, for "Department of Natural Resources and
Environment" substitute "Department of
Transport, Planning and Local Infrastructure".
31.2 In section 89, for "Department of Infrastructure"
(where twice occurring) substitute "Department
of Transport, Planning and Local Infrastructure".
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31.3 In section 93AA, in the definition of Secretary,
for "Department of Infrastructure" substitute
"Department of Transport, Planning and Local
Infrastructure".
32 Mineral Resources (Sustainable Development)
Act 1990
32.1 In section 4(1), in the definition of Department,
for "Department of Primary Industries" substitute
"Department of State Development, Business and
Innovation".
32.2 In section 4(2), for "Department of Primary
Industries" substitute "Department of State
Development, Business and Innovation".
32.3 In Schedule 3, in clause 6, for "Department of
Sustainability and Environment" substitute
"Department of Transport, Planning and Local
Infrastructure".
33 National Electricity (Victoria) Act 2005
In section 13, in the definition of relevant entity,
for "Department of Sustainability and
Environment" substitute "Department of
Environment and Primary Industries".
34 Petroleum Act 1998
In section 4, in the definition of Department, for
"Department of Primary Industries" substitute
"Department of State Development, Business and
Innovation".
35 Pipelines Act 2005
In section 5, in the definition of Department, for
"Department of Primary Industries" substitute
"Department of State Development, Business and
Innovation".
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36 Planning and Environment Act 1987
36.1 In section 3(1), in the definition of Department,
for "Department of Planning and Community
Development" substitute "Department of
Transport, Planning and Local Infrastructure".
36.2 In section 3(2), for "Department of Planning and
Community Development" substitute
"Department of Transport, Planning and Local
Infrastructure".
36.3 In section 46ZB(1), for "Department of
Sustainability and Environment" substitute
"Department of Transport, Planning and Local
Infrastructure".
36.4 In section 201R—
(a) in the definition of Central Plan Office, for
"Department of Sustainability and
Environment" substitute "Department of
Transport, Planning and Local
Infrastructure";
(b) the definition of Secretary to the
Department of Transport is repealed;
(c) insert the following definition—
"Secretary to the Department of Transport,
Planning and Local Infrastructure
means the Secretary within the meaning
of section 3 of the Transport
Integration Act 2010;".
36.5 In section 201TC(1)(b), for "Department of
Transport" (wherever occurring) substitute
"Department of Transport, Planning and Local
Infrastructure".
36.6 In section 201TF(6), for "Department of
Transport" substitute "Department of Transport,
Planning and Local Infrastructure".
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37 Plant Biosecurity Act 2010
37.1 In section 3(1), in the definition of Secretary, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
37.2 In section 140, for "Department of Primary
Industries" (where twice occurring) substitute
"Department of Environment and Primary
Industries".
38 Port Management Act 1995
38.1 In section 3(1), in the definition of Central Plan
Office, for "Department of Sustainability and
Environment" substitute "Department of
Transport, Planning and Local Infrastructure".
38.2 In section 3(1), in the definition of Secretary, for
"Department of Transport" substitute
"Department of Transport, Planning and Local
Infrastructure".
38.3 In section 5(7), for "Department of Sustainability
and Environment" substitute "Department of
Transport, Planning and Local Infrastructure".
38.4 In section 93, for "Secretary to the Department of
Natural Resources and Environment" (wherever
occurring) substitute "Secretary to the
Department of Environment and Primary
Industries".
39 Prevention of Cruelty to Animals Act 1986
39.1 In section 3(1), in the definition of Department,
for "Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
39.2 In section 3(2), for "Department of Primary
Industries" substitute "Department of
Environment and Primary Industries".
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40 Rail Safety National Law Application Act 2013
40.1 In section 3(1), in the definition of Department,
for "Department of Transport" substitute
"Department of Transport, Planning and Local
Infrastructure".
40.2 In section 155(2), in paragraph (d) of the
definition of Regional Rail Link entity, for
"Department of Transport" substitute
"Department of Transport, Planning and Local
Infrastructure".
41 Regional Development Victoria Act 2002
In section 7(4), for "Secretary of the Department
of Planning and Community Development"
substitute "Secretary to the Department of State
Development, Business and Innovation".
42 Regional Growth Fund Act 2011
In section 3(1), in the definition of Secretary, for
"Department of Planning and Community
Development" substitute "Department of State
Development, Business and Innovation".
43 Road Management Act 2004
43.1 In section 14(6), for "Secretary to the Department
of Sustainability and Environment" substitute
"Secretary to the Department of Environment and
Primary Industries".
43.2 In section 31(2)(n), for "Department of
Sustainability and Environment" substitute
"Department of Environment and Primary
Industries".
43.3 In section 48H, in the definition of Secretary, for
"Department of Transport" substitute
"Department of Transport, Planning and Local
Infrastructure".
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43.4 In clause 1 of Schedule 5A, in the definition of
Central Plan Office, for "Department of
Sustainability and Environment" substitute
"Department of Transport, Planning and Local
Infrastructure".
43.5 In clause 15(2)(d) of Schedule 5A, for "Secretary
to the Department of Sustainability and
Environment" substitute "Secretary to the
Department of Environment and Primary
Industries".
44 Road Safety Act 1986
44.1 In section 3(1), in the definition of Secretary, for
"Department of Transport" substitute
"Department of Transport, Planning and Local
Infrastructure".
44.2 In section 13(6)(b), for "Department of Transport"
(where twice occurring) substitute "Department
of Transport, Planning and Local Infrastructure".
44.3 In section 16(2)(b), for "Department of Transport"
(where twice occurring) substitute "Department
of Transport, Planning and Local Infrastructure".
44.4 In section 33(1), for "Department of Transport"
substitute "Department of Transport, Planning
and Local Infrastructure".
44.5 In section 53—
(a) in subsection (2), for "Department of
Transport" (where first occurring) substitute
"Department of Transport, Planning and
Local Infrastructure";
(b) in subsection (2), for "Secretary of the
Department of Transport" substitute
"Secretary to the Department of Transport,
Planning and Local Infrastructure";
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(c) in subsection (3), for "Department of
Transport" substitute "Department of
Transport, Planning and Local
Infrastructure".
44.6 In section 55(1)—
(a) for "Department of Transport" (where first,
second, third and fourth occurring)
substitute "Department of Transport,
Planning and Local Infrastructure";
(b) for "Secretary of the Department of
Transport" substitute "Secretary to the
Department of Transport, Planning and
Local Infrastructure".
44.7 In section 55D(2), for "Department of Transport"
substitute "Department of Transport, Planning
and Local Infrastructure".
44.8 In section 55E, for "Department of Transport"
(wherever occurring) substitute "Department of
Transport, Planning and Local Infrastructure".
44.9 In section 59—
(a) in subsection (1)(a)(i), for "Department of
Transport" (where first occurring) substitute
"Department of Transport, Planning and
Local Infrastructure";
(b) in subsection (1)(a)(i), for "Secretary of the
Department of Transport" substitute
"Secretary to the Department of Transport,
Planning and Local Infrastructure";
(c) in subsection (4)(b)(i), for "Department of
Transport" substitute "Department of
Transport, Planning and Local
Infrastructure".
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44.10 In section 74(2)—
(a) for "Department of Transport" (where first
occurring) substitute "Department of
Transport, Planning and Local
Infrastructure";
(b) for "Secretary of the Department of
Transport" substitute "Secretary to the
Department of Transport, Planning and
Local Infrastructure".
44.11 In section 77, for "Department of Transport"
(wherever occurring) substitute "Department of
Transport, Planning and Local Infrastructure".
44.12 In section 84, for "Department of Transport"
(wherever occurring) substitute "Department of
Transport, Planning and Local Infrastructure".
44.13 In section 112(1), for "Department of Transport"
substitute "Department of Transport, Planning
and Local Infrastructure".
45 Safety on Public Land Act 2004
In section 7(1C)(a), for "Department of
Sustainability and Environment" (where twice
occurring) substitute "Department of
Environment and Primary Industries".
46 Shop Trading Reform Act 1996
In section 3(1), in the definition of Secretary, for
"Department of Business and Innovation"
substitute "Department of State Development,
Business and Innovation".
47 Small Business Commissioner Act 2003
In section 5, for "Secretary to the Department of
Business and Innovation" (where twice occurring)
substitute "Secretary to the Department of State
Development, Business and Innovation".
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48 Stock (Seller Liability and Declarations) Act 1993
In section 3(1), in the definition of Secretary and
Secretary of the Department, for "Department of
Primary Industries" substitute "Department of
Environment and Primary Industries".
49 Sustainable Forests (Timber) Act 2004
49.1 In section 49(1), for "Department of Sustainability
and Environment" substitute "Department of
Environment and Primary Industries".
49.2 In section 64(2), for "Department of Sustainability
and Environment" substitute "Department of
Environment and Primary Industries".
50 Tourist and Heritage Railways Act 2010
In section 3, in paragraph (b) of the definition of
State entity, for "Department of Transport"
substitute "Department of Transport, Planning
and Local Infrastructure".
51 Transport Integration Act 2010
51.1 In section 3, in the definition of Department, for
"Department of Transport" substitute
"Department of Transport, Planning and Local
Infrastructure".
51.2 In section 35, for "Secretary to the Department of
Transport" (wherever occurring) substitute
"Secretary to the Department of Transport,
Planning and Local Infrastructure".
52 Transport (Compliance and Miscellaneous)
Act 1983
52.1 In section 2(1), in the definition of Department,
for "Department of Transport" substitute
"Department of Transport, Planning and Local
Infrastructure".
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52.2 In section 2(3) for "Department of Transport"
substitute "Department of Transport, Planning
and Local Infrastructure".
53 Very Fast Train (Route Investigation) Act 1989
53.1 In section 7(3)(b), for "Secretary to the
Department of Infrastructure" substitute
"Secretary to the Department of Transport,
Planning and Local Infrastructure".
53.2 In section 12(1), for "Secretary to the Department
of Infrastructure" substitute "Secretary to the
Department of Transport, Planning and Local
Infrastructure".
53.3 In section 21(a), for "Secretary to the Department
of Infrastructure" substitute "Secretary to the
Department of Transport, Planning and Local
Infrastructure".
54 Veterinary Practice Act 1997
In section 3, in the definition of Secretary, for
"Department of Primary Industries" substitute
"Department of Environment and Primary
Industries".
55 Victorian Industry Participation Policy Act 2003
55.1 In section 3(1), in the definition of Department,
for "Department of Business and Innovation"
substitute "Department of State Development,
Business and Innovation".
55.2 In section 3(2), for "Department of Business and
Innovation" substitute "Department of State
Development, Business and Innovation".
56 Water Act 1989
56.1 In section 3(1), in the definition of central plan
office, for "Department of Sustainability and
Environment" substitute "Department of
Transport, Planning and Local Infrastructure".
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56.2 In section 3(1), in the definition of Department,
for "Department of Sustainability and
Environment" substitute "Department of
Environment and Primary Industries".
56.3 In section 3(1A), for "Department of
Sustainability and Environment" substitute
"Department of Environment and Primary
Industries".
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SCHEDULE 3
Section 5
AMENDMENT OF ACTS—TRANSITIONAL AND OTHER
PROVISIONS
1 Crimes Act 1958
After section 585 insert—
'585AA Transitional provisions—(Crimes (Theft)
Act 1973)
(1) Section 3(1) of the Crimes (Theft) Act 1973
continues in effect despite its repeal.
Note
Section 3(1) of the Crimes (Theft) Act 1973
abolished the common law offences of larceny,
robbery, burglary, receiving stolen property, obtaining
property by threats, extortion by colour of office or
franchise, false accounting by public officers,
concealment of treasure trove, and except in regard to
offences relating to public revenue, cheating, for all
purposes not related to offences committed before the
commencement of the 1973 Act.
(2) Except as regards offences committed before
the commencement of the Crimes (Theft)
Act 1973 and except insofar as the context
otherwise requires—
(a) references in any enactment passed
before the commencement of the
Crimes (Theft) Act 1973 to an offence
abolished by that 1973 Act shall,
subject to any express amendment or
repeal made by that 1973 Act, have
effect as references to the
corresponding offence under Division 2
of Part I of this Act and in any such
enactment the expression "receive"
(when it relates to an offence of
receiving) shall mean handle, and
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"receiver" shall be construed
accordingly; and
(b) without prejudice to paragraph (a),
references in any enactment, whenever
passed, to theft or stealing (including
references to stolen goods), and
references to robbery, blackmail,
burglary, aggravated burglary or
handling stolen goods shall be
construed in accordance with the
provisions of Division 2 of Part I of this
Act.
(3) Division 2 of Part I of this Act as re-enacted
by the Crimes (Theft) Act 1973, shall, save
as otherwise provided by that 1973 Act, have
effect only in relation to offences wholly or
partly committed on or after the
commencement of that 1973 Act.
(4) The re-enactment by this section of
sections 3(2) and 4 of the Crimes (Theft)
Act 1973 does not affect the operation of any
Act enacted after that 1973 Act.
585AB Transitional provisions—(Crimes
(Criminal Damage) Act 1978)
(1) The provisions of this Act as in force
immediately before the commencement of
the Crimes (Criminal Damage) Act 1978
shall apply to and with respect to offences
against this Act as so in force committed or
alleged to have been committed before the
commencement of that 1978 Act.
(2) The provisions of this Act as amended by the
Crimes (Criminal Damage) Act 1978 shall
apply to and with respect to offences against
this Act as so amended committed or alleged
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to have been committed on or after the
commencement of that 1978 Act.
(3) Section 3 of the Crimes (Criminal
Damage) Act 1978 continues in effect
despite its repeal.
Note
Section 3 of the Crimes (Criminal Damage) Act
1978 abolished the common law offence of arson for
all purposes not related to offences committed before
the commencement of that 1978 Act.
(4) The re-enactment by this section of
section 1(4) and (5) of the Crimes
(Criminal Damage) Act 1978 does not
affect the operation of any Act enacted after
that 1978 Act.
585AC Transitional provisions—(Crimes
(Classification of Offences) Act 1981)
(1) Notwithstanding section 3A(1) of this Act as
amended by the Crimes (Classification of
Offences) Act 1981, the provisions of that
subsection shall apply only in relation to acts
of violence occurring after the
commencement of the Crimes
(Classification of Offences) Act 1981.
(2) Notwithstanding sections 3A(2) and 322D
of this Act as amended by the Crimes
(Classification of Offences) Act 1981,
the felony-murder rule referred to in
section 3A(2) shall continue to have full
force and effect in relation to acts of violence
which occurred before the commencement of
the Crimes (Classification of Offences) Act
1981.
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(3) Section 9 of the Crimes (Classification of
Offences) Act 1981 continues in effect
despite its repeal.
Note
Section 9 of the Crimes (Classification of Offences)
Act 1981 abolished any power to bring proceedings
for an indictable offence by criminal information in
the Supreme Court or in the County Court.
(4) The re-enactment by this section of
section 3(2) and (3) of the Crimes
(Classification of Offences) Act 1981 does
not affect the operation of any Act enacted
after that 1981 Act.
585AD Transitional provisions—(Crimes
(Conspiracy and Incitement) Act 1984)
(1) The abolition of the offence of conspiracy at
common law effected by section 321F of this
Act as amended by the Crimes (Conspiracy
and Incitement) Act 1984 shall not affect—
(a) any proceedings commenced before the
commencement of the Crimes
(Conspiracy and Incitement) Act
1984; or
(b) any proceedings commenced after the
commencement of the Crimes
(Conspiracy and Incitement) Act
1984 in respect of an agreement which
is alleged to have been made at a time
prior to the commencement of that
1984 Act.
(2) The abolition of the offence of incitement at
common law effected by section 321L of this
Act as amended by the Crimes (Conspiracy
and Incitement) Act 1984 shall not affect—
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(a) any proceedings commenced before the
commencement of the Crimes
(Conspiracy and Incitement) Act
1984; or
(b) any proceedings commenced after the
commencement of the Crimes
(Conspiracy and Incitement) Act
1984 in respect of an offence of
incitement alleged to have been
committed at a time prior to the
commencement of that 1984 Act.
(3) Subject to subsections (1) and (2), this Act as
amended by the Crimes (Conspiracy and
Incitement) Act 1984 shall apply to acts
done before as well as to acts done after the
commencement of that 1984 Act.
(4) The re-enactment by this section of
sections 4, 5 and 6 of the Crimes
(Conspiracy and Incitement) Act 1984
does not affect the operation of any Act
enacted after that 1984 Act.
585AE Transitional provisions—(Crimes
(Custody and Investigation) Act 1988)
(1) This Act as amended by sections 4 and 5 of
the Crimes (Custody and Investigation)
Act 1988 applies to—
(a) persons taken into custody; or
(b) persons questioned; or
(c) persons in respect of whom an
application is made under section
464B(1) to a court—
in a proclaimed region after the
commencement of the Crimes (Custody
and Investigation) Act 1988.
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Note
The whole of Victoria was proclaimed to be a
proclaimed region on the same day that the Crimes
(Custody and Investigation) Act 1988 commenced.
(2) The re-enactment by this section of
section 6(2) of the Crimes (Custody and
Investigation) Act 1988 does not affect the
operation of any Act enacted after that 1988
Act.
585AF Transitional provisions—(Crimes
(Fingerprinting) Act 1988)
(1) This Act as amended by a section of the
Crimes (Fingerprinting) Act 1988 or
section 11, 12, 13 or 14 of the Crimes
Legislation (Miscellaneous Amendments)
Act 1989 applies only with respect to
fingerprints taken after the commencement
of section 9 of the Crimes (Fingerprinting)
Act 1988.
(2) The re-enactment by this section of section 9
of the Crimes (Fingerprinting) Act 1988
does not affect the operation of any Act
enacted after that 1988 Act.'.
2 Credit (Administration) Act 1984
After section 95 insert—
"96 Immunity against civil liability—Credit
(Administration) (Amendment) Act 1993
Despite the repeal of the Credit
(Administration) (Amendment) Act 1993
by the Statute Law Revision Act 2013,
section 17 of that 1993 Act continues to
apply as if that 1993 Act had not been
repealed.".
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SCHEDULE 4
Section 6
REPEAL OF ACTS
Act No. Title of Act
1942
4885 The Limbless Soldiers Trust Act 1942
1964
7115 R.S.L. Widows and Widowed Mothers' Trust Patriotic
Fund Act 1964
1973
8425 Crimes (Theft) Act 1973
1978
9228 Crimes (Criminal Damage) Act 1978
1980
9424 Post-Secondary Education (Amendment) Act 1980
1981
9576 Crimes (Classification of Offences) Act 1981
1984
10079 Crimes (Conspiracy and Incitement) Act 1984
10165 Chinatown Historic Precinct Act 1984
1986
51/1986 Road Construction Authority (Lands) Act 1986
1988
37/1988 Crimes (Custody and Investigation) Act 1988
38/1988 Crimes (Fingerprinting) Act 1988
1990
38/1990 Footscray Land (Amendment) Act 1990
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Act No. Title of Act
1993
72/1993 Credit (Administration) (Amendment) Act 1993
1994
92/1994 Victorian Plantations Corporation (Amendment)
Act 1994
1997
97/1997 Epworth Hospital (Amendment) Act 1997
2004
64/2004 National Parks (Additions and Other Amendments)
Act 2004
2007
41/2007 Parliamentary Salaries and Superannuation
Amendment Act 2007
2009
31/2009 Appropriation (2009/2010) Act 2009
32/2009 Appropriation (Parliament 2009/2010) Act 2009
2011
39/2011 Domestic Animals Amendment (Restricted Breeds)
Act 2011
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 4 September 2013
Legislative Council: 31 October 2013
The long title for the Bill for this Act was "A Bill for an Act to revise the
statute law of Victoria."
Endnotes
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