Statute Law Revision Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Statute Law Revision Act 2012 No. 43 of 2012 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Amendment of Acts 2 4 Repeal of repealing Act 2 __________________ SCHEDULE—Amendment of Acts 3 1 Accident Compensation Act 1985 3 2 Accident Towing Services Act 2007 3 3 Alpine Resorts (Management) Act 1997 3 4 Child Employment Act 2003 3 5 Children, Youth and Families Amendment (Security of Youth Justice Facilities) Act 2011 4 6 Children's Services Amendment Act 2011 4 7 Conservation, Forests and Lands Act 1987 4 8 Corporations (Victoria) Act 1990 4 9 Crimes (Controlled Operations) Act 2004 4 10 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 4 11 Crimes Act 1958 4 12 Domestic Animals Act 1994 5 13 Education and Training Reform Act 2006 5 14 Electricity Safety Act 1998 5 15 Emergency Management Legislation Amendment Act 2011 5 16 Environment Protection Act 1970 5 17 Evidence (Miscellaneous Provisions) Act 1958 5 18 Firearms Act 1996 5 19 Food Act 1984 6 20 Freedom of Information Act 1982 6 21 Fundraising Act 1998 6 22 Gambling Regulation Act 2003 6 23 Health Professions Registration Act 2005 6 24 Interpretation of Legislation Act 1984 6 25 Land Act 1958 7 26 Liquor Control Reform Act 1998 7 27 Liquor Control Reform Further Amendment Act 2011 7 -- 1 of 15 -- Section Page ii Authorised by the Chief Parliamentary Counsel 28 Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 7 29 Marine Safety Act 2010 7 30 Mineral Resources (Sustainable Development) Act 1990 7 31 Motor Car Traders Act 1986 7 32 National Environment Protection Council (Victoria) Act 1995 8 33 National Gas (Victoria) Act 2008 8 34 National Parks Act 1975 8 35 Offshore Petroleum and Greenhouse Gas Storage Act 2010 8 36 Ombudsman Act 1973 8 37 Outworkers (Improved Protection) Act 2003 8 38 Pipelines Act 2005 9 39 Planning and Environment Act 1987 9 40 Prahran Mechanics' Institute Act 1899 9 41 Rail Safety Act 2006 9 42 Residential Tenancies Act 1997 9 43 Resources Legislation Amendment Act 2011 9 44 Road Safety Act 1986 9 45 Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 10 46 Sentencing Act 1991 10 47 Sentencing Amendment (Community Correction Reform) Act 2011 10 48 Sex Offenders Registration Act 2004 11 49 Shop Trading Reform Act 1996 11 50 Small Business Commissioner Act 2003 11 51 Subordinate Legislation Act 1994 11 52 Transport Accident Act 1986 11 53 Transport (Compliance and Miscellaneous) Act 1983 11 54 Transport Integration Act 2010 11 55 Transport Legislation Amendment (Public Transport Development Authority) Act 2011 11 56 Victorian Industry Participation Policy Act 2003 11 57 Water Efficiency Labelling and Standards Act 2005 12 ═══════════════ ENDNOTES 13 -- 2 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Statute Law Revision Act 2012 † No. 43 of 2012 [Assented to 27 June 2012] 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 the day after the day on which it receives the Royal Assent. Victoria -- 3 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 2 Authorised by the Chief Parliamentary Counsel (2) The following items in the Schedule are taken to have come into operation on the following dates— (a) item 5 on 2 November 2011; (b) item 6 on 31 December 2011; (c) item 15 on 2 November 2011; (d) item 17.1 on 17 March 2010; (e) item 27 on 19 February 2012; (f) item 28 on 20 April 2010; (g) item 43 on 19 October 2011; (h) item 45.1 on 29 June 2011; (i) item 47.1 on 15 January 2012; (j) item 47.3 on 15 January 2012; (k) item 47.4 on 15 January 2012; (l) item 47.5 on 15 January 2012; (m) item 55 on 14 December 2011. 3 Amendment of Acts On the commencement of an item in the Schedule, the Act specified in the heading to that item is amended as set out in that item. 4 Repeal of repealing Act This Act is repealed on the first anniversary of the day on which it receives the Royal Assent. 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). __________________ s. 3 -- 4 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 3 Authorised by the Chief Parliamentary Counsel SCHEDULE Section 3 AMENDMENT OF ACTS 1 Accident Compensation Act 1985 1.1 In section 5F(1)(ba), for "so employed." substitute "so employed;". 1.2 In section 7A(5), for '"owner' substitute "owner". 1.3 In section 107A(6)(a), for "Authority" substitute "Authority,". 1.4 In section 135BBA(2)(b) omit "section" (where secondly occurring). 1.5 In section 144(2)(a), for "years." substitute "years;". 2 Accident Towing Services Act 2007 In section 3(1)— (a) the definitions of towing depot manager accreditation and towing operator accreditation are repealed; (b) insert the following the definitions— "towing depot manager accreditation means an accreditation under section 57(2); towing operator accreditation means an accreditation under section 57(1);". 3 Alpine Resorts (Management) Act 1997 In section 3, in the definition of VicRoads, for "2004;" substitute "2004.". 4 Child Employment Act 2003 4.1 In section 3, in the definition of Department, for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation". Sch. -- 5 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 4 Authorised by the Chief Parliamentary Counsel 4.2 In section 19A(2)(o), for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation". 5 Children, Youth and Families Amendment (Security of Youth Justice Facilities) Act 2011 In section 1, for "Bill" substitute "Act". 6 Children's Services Amendment Act 2011 In the Schedule, in item 2.2, for "section 182(f)" substitute "section 182(1)(f)". 7 Conservation, Forests and Lands Act 1987 In Schedule 1— (a) for "Catchment and Land Protection Act 1994" substitute "Catchment and Land Protection Act 1994."; (b) for "Climate Change Act 2010.." substitute "Climate Change Act 2010.". 8 Corporations (Victoria) Act 1990 In section 26(b), for "ASC" substitute "ASIC". 9 Crimes (Controlled Operations) Act 2004 The headings to Parts 6 and 7 are repealed. 10 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 In section 28A(2), for "Attorney-General" substitute "Attorney-General,". 11 Crimes Act 1958 11.1 The heading to Subdivision (18) of Division 1 of Part III is repealed. 11.2 In section 464JA(1), in the definition of authorised person, in paragraph (r), for "record." substitute "record;". Sch. -- 6 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 5 Authorised by the Chief Parliamentary Counsel 12 Domestic Animals Act 1994 In section 85(1), in column 2 of the Table, for "63A 63D," substitute "63A, 63D,". 13 Education and Training Reform Act 2006 In section 3.1.16(1)(aa), before "the chairperson" insert "one is". 14 Electricity Safety Act 1998 In section 120C(1)(b), for "a a" substitute "a". 15 Emergency Management Legislation Amendment Act 2011 In section 32(3), for "19(1)(b)" substitute "19(1)". 16 Environment Protection Act 1970 In section 49A, in the definition of adaptation, for "climactic" substitute "climatic". 17 Evidence (Miscellaneous Provisions) Act 1958 17.1 For section 19B(2) substitute— "(2) The commissioner presiding at a hearing of a commission may make an order prohibiting the publication of a report of the whole or any part of the proceedings of a hearing or part of a hearing or of any information derived from the hearing or part of it except by, or with the leave of, the commission.". 17.2 The heading to Division 3 of Part II is repealed. 17.3 The note at the foot of the heading to Division 3 of Part II is repealed. 18 Firearms Act 1996 In the heading to section 214, for "Orders Intervention" substitute "Intervention Orders". Sch. -- 7 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 6 Authorised by the Chief Parliamentary Counsel 19 Food Act 1984 In section 7A(d), for "councils." substitute "councils;". 20 Freedom of Information Act 1982 20.1 In section 23(1)(c), for "images; or" substitute "images;". 20.2 In section 23(1)(d), for "document; or" substitute "document;". 21 Fundraising Act 1998 In section 3, in paragraph (j) of the definition of public place, for "access." substitute "access—". 22 Gambling Regulation Act 2003 22.1 In section 1.3(1), in the definition of pre- commitment mechanism, for 'machine;".' substitute "machine;". 22.2 In section 3.4.38, in the definition of lobbyist, in paragraph (b), for "client." substitute "client;". 22.3 In section 4.3A.3(8), in the definition of prohibited person, in paragraph (e)(ii) for "member;" substitute "member.". 22.4 The heading to Part 1 of Chapter 12 is repealed. 23 Health Professions Registration Act 2005 Divisions 2 to 4 of Part 11 of the Health Professions Registration Act 2005 are repealed. 24 Interpretation of Legislation Act 1984 In section 44(3), for "done, on" substitute "done on,". Sch. -- 8 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 7 Authorised by the Chief Parliamentary Counsel 25 Land Act 1958 25.1 In section 2A— (a) in the definition of tour operator licence, for "140I." substitute "140I;"; (b) in the definition of Traditional Owner Land Management Board, for "1987;" substitute "1987.". 25.2 Insert the following heading to section 188A— "Magistrates' Court may order removal of buildings etc.". 26 Liquor Control Reform Act 1998 In section 148T(a), for "1958 or;" substitute "1958; or". 27 Liquor Control Reform Further Amendment Act 2011 In section 14(1), for "22(ca)" substitute "22(1)(ca)". 28 Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 In section 4(2)(a), for "paragraph (c)" substitute "paragraphs (c)". 29 Marine Safety Act 2010 29.1 In section 389A(1) omit "61A". 29.2 In section 389C(1) omit "61BA". 30 Mineral Resources (Sustainable Development) Act 1990 In section 14(4), for "resource.." substitute "resource.". 31 Motor Car Traders Act 1986 In section 76(4B), for 'sold.".' substitute "sold.". Sch. -- 9 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 8 Authorised by the Chief Parliamentary Counsel 32 National Environment Protection Council (Victoria) Act 1995 In section 13(g), for "Association." substitute "Association". 33 National Gas (Victoria) Act 2008 In section 3(1), in the definition of South Australian Act, for "Australia." substitute "Australia;". 34 National Parks Act 1975 34.1 Insert the following heading to section 29— "Wilsons Promontory National Park". 34.2 In section 29(1), for "Wilson's" substitute "Wilsons". 34.3 In section 37A(5)(a)(i), for "Wilson's" substitute "Wilsons". 34.4 In Part 20 in Schedule Five, for "Wilson's" substitute "Wilsons". 35 Offshore Petroleum and Greenhouse Gas Storage Act 2010 35.1 In section 402(3)(a), for "this section" substitute "section 401". 35.2 In section 407(3)(a), for "this section" substitute "section 406". 36 Ombudsman Act 1973 In section 13(3)(d), for "1994; or" substitute "1994;". 37 Outworkers (Improved Protection) Act 2003 In section 3, in the definition of Department, for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation". Sch. -- 10 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 9 Authorised by the Chief Parliamentary Counsel 38 Pipelines Act 2005 In the headings to sections 13 and 52, for "adjacent" substitute "offshore". 39 Planning and Environment Act 1987 In Part 4 of Schedule 1, in the example at the foot of clause 4(1)— (a) for "threshold amount" (where first occurring) substitute "maximum adjusted contribution"; (b) for ' "PTA" is the threshold' substitute ' "PC" is the adjusted contribution'. 40 Prahran Mechanics' Institute Act 1899 In section 14, for "the the" substitute "the". 41 Rail Safety Act 2006 In section 28(1), for "the rail operator carries out" substitute "the accredited rail operator carries out". 42 Residential Tenancies Act 1997 42.1 In section 3(1), in the definition of unregistrable movable dwelling, in paragraph (c), for "dwelling." substitute "dwelling;". 42.2 In section 439M(2)(d), for "section 439H(2); or" substitute "section 439H(2).". 43 Resources Legislation Amendment Act 2011 In section 6, for "exploration and mining" (where twice occurring) substitute "exploration or mining". 44 Road Safety Act 1986 44.1 In section 84C(1), in the definition of Road Rules, for "2009" substitute "2009;". 44.2 In section 90C(3), for "Commonwealth." substitute "Commonwealth". Sch. -- 11 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 10 Authorised by the Chief Parliamentary Counsel 45 Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 45.1 In section 20, for "section 103ZC" substitute "section 103ZB". 45.2 In the note at the foot of section 24, for "984" substitute "1984". 46 Sentencing Act 1991 46.1 In section 8J, in the definition of dentist, in paragraph (a)(i), for "student) and;" substitute "student); and". 46.2 In section 143(1), in the definition of old serious suspended sentence order, for "commencement." substitute "commencement;". 46.3 In clause 7(2) of Schedule 3, after "section 12 of" insert "the". 46.4 In clause 9(2) of Schedule 3, after "section 15 of" insert "the". 46.5 In clause 10(2) of Schedule 3, after "section 21 of" insert "the". 47 Sentencing Amendment (Community Correction Reform) Act 2011 47.1 In section 68, for "section 115A" substitute "section 115". 47.2 In section 69, in proposed new section 115D(3) of the Sentencing Act 1991, for "Secretary" (where twice occurring) substitute "the Secretary". 47.3 In the Schedule, in item 4.5, for "268(1)" substitute "268(1)(b)". 47.4 In the Schedule, in item 6.2, for "for the definition" substitute "in the definition". 47.5 In the Schedule, in item 11.2, for "for the definition" substitute "in the definition". Sch. -- 12 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 11 Authorised by the Chief Parliamentary Counsel 48 Sex Offenders Registration Act 2004 In section 70J(1)(b), for "2005; or" substitute "2005.". 49 Shop Trading Reform Act 1996 After section 11, the heading "SCHEDULES" is repealed. 50 Small Business Commissioner Act 2003 In section 5(5) and (6), for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation". 51 Subordinate Legislation Act 1994 In section 16A(1), for "subsections (2) and (3)" substitute "subsection (2)". 52 Transport Accident Act 1986 In section 40(2)(b), after "under" (where first occurring) insert "section". 53 Transport (Compliance and Miscellaneous) Act 1983 In section 309(1)(b) omit "taken". 54 Transport Integration Act 2010 In section 251(1)(a), for "property rights" substitute "property, rights". 55 Transport Legislation Amendment (Public Transport Development Authority) Act 2011 In section 4, for "After Part 9" substitute "After Part 8". 56 Victorian Industry Participation Policy Act 2003 56.1 In section 3(1), in the definition of Department, for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation". Sch. -- 13 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 12 Authorised by the Chief Parliamentary Counsel 56.2 In section 3(2), for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation". 57 Water Efficiency Labelling and Standards Act 2005 In section 7(1), in the definition of Commonwealth Act, for "2004" substitute "2005". ═══════════════ Sch. -- 14 of 15 -- Statute Law Revision Act 2012 No. 43 of 2012 13 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Council: 1 March 2012 Legislative Assembly: 6 June 2012 The long title for the Bill for this Act was "A Bill for an Act to revise the statute law of Victoria." Endnotes -- 15 of 15 --