Consumer Affairs Legislation Amendment Act 2010

i Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—CONVEYANCERS ACT 2006 4 3 Annual audit of trust records 4 PART 3—ESTATE AGENTS ACT 1980 5 4 Definitions 5 5 Estate Agents Council 5 6 Eligibility to obtain licence 6 7 Eligibility for employment as an agent's representative 6 8 Application for estate agent's licence 6 9 Certain documents to be lodged by particular corporations 6 10 Section 30AB repealed 6 11 Restriction on agent purchasing property 6 12 Definitions 7 13 Trust money 7 14 Secretary's power to enter into arrangements with financial institutions 7 15 Section 61 repealed 7 16 New section 101 substituted 8 101 Rural branch manager's licence 8 PART 4—FAIR TRADING ACT 1999 9 17 Definitions 9 18 New Part 5B inserted 9 PART 5B—DEBT COLLECTION 9 Division 1—Preliminary 9 93E Definitions 9 -- 1 of 74 -- Section Page ii Division 2—Offences 10 93F Certain persons prohibited from engaging in debt collection 10 93G Applications by prohibited persons for permission to engage in debt collection 12 93H Permission from the Authority 13 93I Authority may impose conditions 14 93J Application for review 14 93K Offence to charge debtor for cost of debt collection 15 93L Offence to purchase debt for the purpose of collection 16 19 Transitional provisions 17 16 Transitional—Consumer Affairs Legislation Amendment Act 2010 17 17 Transitional—Repeal of Trade Measurement Act 1995 18 18 Transitional—Repeal of Trade Measurement (Administration) Act 1995 20 19 Transitional—Transfer of information for the purpose of the National Measurement Act 1960 of the Commonwealth 23 PART 5—OWNERS CORPORATIONS ACT 2006 24 20 Power to delegate 24 21 The common seal 24 22 When can the common seal be used? 24 23 Penalty interest on arrears 24 24 What is an insurable building? 25 25 Reinstatement and replacement insurance 25 26 Agenda for annual general meeting 26 27 Notice of annual general meeting 26 28 Who chairs the general meeting? 26 29 Owners corporation may require certain matters to be dealt with at general meetings 26 30 New section 94 substituted 27 94 Can a lot owner vote if fees are unpaid? 27 31 Chairperson of owners corporation 27 32 Secretary 27 33 Functions and powers of the committee 28 34 Chairperson of committee 28 35 Secretary of committee 28 36 Notice of meetings 29 37 Functions of the manager where there is a committee 29 38 New section 121 inserted 29 121 Functions of the manager where there is no committee 29 39 Availability of register 30 40 Owners corporation certificate 30 -- 2 of 74 -- Section Page iii PART 6—PROPERTY LAW ACT 1958 31 41 New Division 5A of Part II inserted 31 Division 5A—Removal of buildings and fixtures 31 154A Tenant may remove buildings and fixtures 31 PART 7—PROSTITUTION CONTROL ACT 1994 32 42 Updated references to prostitute and prostitution 32 43 New section 3B inserted 32 3B Exemptions for sex on premises venues 32 44 New section 18A inserted 34 18A Sex workers and clients must adopt safer sex practices 34 45 Permitting sex worker infected with a disease to work in a brothel etc. 35 46 Sex worker working while infected with a disease 35 47 Sex work service providers to be licensed 35 48 New section 24A inserted 36 24A Annual statement regarding exemption 36 49 New section 39A inserted 37 39A Licensee identity cards 37 50 Amendment of licence 37 51 Cancelled or suspended licence must be returned 37 52 Requirement for licensee to be in effective control of business 38 53 New section 46AA inserted 38 46AA Authority may conduct checks upon receipt of information relating to change of ownership of premises 38 54 New section 47A inserted 39 47A Death, disability etc. of licensed sex work service provider 39 55 New section 52AAA 40 52AAA Approved manager identity cards 40 56 New sections 53A, 53B and 53C inserted 41 53A Application for permission to act as approved manager 41 53B Permission from the Authority 41 53C Authority may impose conditions 42 57 Cancelled or suspended approval must be returned 43 58 Licence and approvals register 43 59 Application for review 43 60 New section 60A inserted 43 60A Display of prescribed signage relating to sexual slavery 43 61 Production of licence or certificate of approval 44 62 Accounts and other documents available for inspection 44 -- 3 of 74 -- Section Page iv 63 New section 61DA inserted 45 61DA Persons to answer questions in relation to suspected non-licensed sex work service providing businesses 45 64 Third parties to produce documents and answer questions relating to specified business 47 65 Department Heads, police and public authorities to produce information to inspectors 48 66 Certain other specified persons or bodies to produce information 48 67 Order requiring the supply of information and answers to questions 48 68 Entry to licensed premises by police 48 69 Entry to unlicensed premises—without search warrant 49 70 New section 65A inserted 50 65A Delegations by the Chief Commissioner 50 71 Restriction on certain permit applications 50 72 New section 74A inserted 50 74A Conditions on permits for licence applicants 50 73 Power to serve an infringement notice 51 74 New section 94 inserted 52 94 Saving provision concerning change of Act name 52 PART 8—SALE OF LAND ACT 1962 53 75 Deposit moneys held by legal practitioner, conveyancer or estate agent to be held as stakeholder 53 PART 9—TRADE MEASUREMENT (ADMINISTRATION) ACT 1995 54 76 Trade Measurement (Administration) Act 1995 54 25A Information sharing with National Measurement Institute 54 PART 10—REPEALS AND AMENDMENTS 55 Division 1—Repeal of redundant Acts 55 77 Collusive Practices Act 1965 55 78 Fuel Prices Regulation Act 1981 55 79 Marketable Securities Act 1970 55 80 Petroleum Retail Selling Sites Act 1981 55 81 Petroleum Products (Terminal Gate Pricing) Act 2000 55 82 Private Agents Act 1966 55 83 Trade Measurement Act 1995 55 84 Trade Measurement (Administration) Act 1995 55 85 Utility Meters (Metrological Controls) Act 2002 55 -- 4 of 74 -- Section Page v Division 2—Repeal of redundant provisions 56 86 Carriers and Innkeepers Act 1958 56 87 Companies (Administration) Act 1981 56 88 Conveyancers Act 2006 56 89 Gambling Regulation Act 2003 56 90 Land Act 1958 56 91 Landlord and Tenant Act 1958 56 92 Owners Corporations Act 2006 56 93 Water Act 1989 56 Division 3—Repeal of spent transitional provisions 57 94 Co-operatives Act 1996 57 95 Fair Trading Act 1999 57 96 Fundraising Act 1998 57 97 Funerals Act 2006 57 98 Partnership Act 1958 57 99 Retirement Villages Act 1986 57 100 Second-Hand Dealers and Pawnbrokers Act 1989 57 101 Travel Agents Act 1986 57 Division 4—Consequential and other amendments 58 102 Corporations (Ancillary Provisions) Act 2001 58 27 Transitional—Repeal of Marketable Securities Act 1970 58 103 County Court Act 1958 59 104 Duties Act 2000 59 105 Fair Trading Act 1999 59 106 Liquor Control Reform Amendment (Licensing) Act 2009 60 107 Police Regulation Act 1958 60 108 Private Security Act 2004 60 63A Disclosure of cancellation or suspension of private security licence 60 118A Disclosure of cancellation or suspension of private security registration 60 109 Residential Tenancies Act 1997 61 Division 5—Repeal of amending Act 61 110 Repeal of amending Act 61 __________________ SCHEDULE—Amendments to Prostitution Control Act 1994 62 ═══════════════ ENDNOTES 69 -- 5 of 74 -- 1 Consumer Affairs Legislation Amendment Act 2010 † No. 1 of 2010 [Assented to 9 February 2010] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to repeal the Private Agents Act 1966 and insert provisions in the Fair Trading Act 1999 to regulate debt collection; (b) to amend the Conveyancers Act 2006 to clarify its operation; Victoria -- 6 of 74 -- Part 1—Preliminary Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 2 (c) to amend the licensing and financial auditing requirements in the Estate Agents Act 1980; (d) to repeal Parts I, II and III of the Landlord and Tenant Act 1958 and re-enact section 28(2) in the Property Law Act 1958; (e) to amend the Owners Corporations Act 2006 to clarify its operation; (f) to amend the Prostitution Control Act 1994 to change licensing arrangements, strengthen enforcement powers and clarify its operation; (g) to amend the Sale of Land Act 1962 in relation to the transfer of deposit moneys for the sale of lots under that Act; (h) to amend the Trade Measurement (Administration) Act 1995 to enable the transfer of information to the Commonwealth and to repeal that Act, the Trade Measurement Act 1995 and the Utility Meters (Metrological Controls) Act 2002; (i) to repeal other redundant legislation and make consequential amendments to some of the above and several other Acts. 2 Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Sections 83, 84 and 105(2) come into operation on 1 July 2010. (3) Section 106 is deemed to have come into operation on 21 October 2009. (4) Subject to subsection (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed. s. 2 -- 7 of 74 -- Part 1—Preliminary Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 3 (5) If a provision referred to in subsection (4) does not come into operation before 1 January 2011, it comes into operation on that day. __________________ s. 2 -- 8 of 74 -- Part 2—Conveyancers Act 2006 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 4 PART 2—CONVEYANCERS ACT 2006 3 Annual audit of trust records (1) In section 84(1) of the Conveyancers Act 2006 omit "in accordance with the regulations". (2) After section 84(1) of the Conveyancers Act 2006 insert— "(1A) The regulations may make provision for the conduct of audits under subsection (1).". __________________ s. 3 See: Act No. 75/2006 and amending Act Nos 12/2007, 17/2007, 12/2008 and 2/2009. LawToday: www. legislation. vic.gov.au -- 9 of 74 -- Part 3—Estate Agents Act 1980 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 5 PART 3—ESTATE AGENTS ACT 1980 4 Definitions (1) In section 4(1) of the Estate Agents Act 1980 insert the following definition— "authorised financial institution means a financial institution that— (a) was an authorised financial institution for the purposes of section 60 immediately before section 30 of the Estate Agents (Amendment) Act 1994 came into operation; or (b) has entered into an arrangement with the Secretary under section 60(1);". (2) In section 4(1) of the Estate Agents Act 1980, in the definition of approved industry association for "Stock and Station Agents' Association Limited A.C.N. 096 142 880" substitute "Australian Livestock & Property Agents Association Limited ACN 096 142 880". (3) In section 4(1) of the Estate Agents Act 1980, in the definition of principal office for "under section 34" substitute "on the register under section 33(3)(g)". (4) In section 4(1) of the Estate Agents Act 1980 the following definitions are repealed— (a) declared corporation; (b) stock and station agent. 5 Estate Agents Council In section 6(2)(b) of the Estate Agents Act 1980 for "Stock and Station Agents' Association Limited A.C.N. 096 142 880" substitute "Australian Livestock & Property Agents Association Limited ACN 096 142 880". s. 4 See: Act No. 9428. Reprint No. 10 as at 1 July 2008 and amending Act Nos 4/2008, 12/2008 and 44/2008. LawToday: www. legislation. vic.gov.au -- 10 of 74 -- Part 3—Estate Agents Act 1980 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 6 6 Eligibility to obtain licence Section 14(2) of the Estate Agents Act 1980 is repealed. 7 Eligibility for employment as an agent's representative In section 16 of the Estate Agents Act 1980— (a) in subsection (4)(a)— (i) in subparagraph (i)(B), for "offence; or" substitute "offence; and". (ii) subparagraph (ii) is repealed; (b) the note preceding subsection (4)(b) is repealed. 8 Application for estate agent's licence In section 17 of the Estate Agents Act 1980— (a) subsection (2)(c)(i) is repealed; (b) for subsection (4)(c) and (d) substitute— "(c) be accompanied by the documents referred to in section 19.". 9 Certain documents to be lodged by particular corporations In section 19(1) of the Estate Agents Act 1980 omit "other than a declared corporation". 10 Section 30AB repealed Section 30AB of the Estate Agents Act 1980 is repealed. 11 Restriction on agent purchasing property In section 55(9)(b) of the Estate Agents Act 1980 for "a stock and station agent" substitute "an estate agent". s. 6 -- 11 of 74 -- Part 3—Estate Agents Act 1980 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 7 12 Definitions In section 58 of the Estate Agents Act 1980, in the definition of financial institution, for "section 60(6)(b) of this Act" substitute "an authorised financial institution". 13 Trust money (1) At the foot of section 59(1) of the Estate Agents Act 1980 insert— "Penalty: 120 penalty units.". (2) Section 59(2) of the Estate Agents Act 1980 is repealed. (3) At the foot of section 59(7) of the Estate Agents Act 1980 insert— "Penalty: 60 penalty units.". 14 Secretary's power to enter into arrangements with financial institutions (1) In section 60(1) of the Estate Agents Act 1980 for "with an authorised" substitute "with a". (2) In section 60(5) of the Estate Agents Act 1980 for "an authorised financial institution" substitute "a financial institution under this section". (3) Section 60(6) of the Estate Agents Act 1980 is repealed. 15 Section 61 repealed Section 61 of the Estate Agents Act 1980 is repealed. s. 12 -- 12 of 74 -- Part 3—Estate Agents Act 1980 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 8 16 New section 101 substituted For section 101 of the Estate Agents Act 1980 substitute— "101 Rural branch manager's licence Despite the repeal of section 30AB of this Act, that section continues to apply to a person who was, immediately before the commencement of section 10 of the Consumer Affairs Legislation Amendment Act 2010, the holder of a rural branch manager's licence.". __________________ s. 16 -- 13 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 9 PART 4—FAIR TRADING ACT 1999 17 Definitions In section 3 of the Fair Trading Act 1999 insert the following definition— "Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;". 18 New Part 5B inserted After Part 5A of the Fair Trading Act 1999 insert— "PART 5B—DEBT COLLECTION Division 1—Preliminary 93E Definitions In this Part— debt collector means a person who engages in debt collection— (a) as a principal or agent; (b) as an employee of a principal or agent in exchange for salary, wages or commission; engage in debt collection means to perform any of the following for remuneration or reward— (a) to find, or repossess, for another person any goods or chattels that the other person is entitled to s. 17 See: Act No. 16/1999. Reprint No. 4 as at 11 June 2009 and amending Act No 45/2009. LawToday: www. legislation. vic.gov.au -- 14 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 10 repossess under an agreement or goods mortgage; (b) to collect, attempt to collect, or request payment of, debts owed to another person; prohibited person means a person who is prohibited from engaging in debt collection under section 93F(1) and who does not hold a current permission given by the Authority under section 93H. Division 2—Offences 93F Certain persons prohibited from engaging in debt collection (1) A person is prohibited from engaging in debt collection if that person— (a) in the case of a natural person— (i) is under 18 years of age; or (ii) is a represented person within the meaning of the Guardianship and Administration Act 1986; or (iii) is an insolvent under administration; or (iv) who, 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 (v) who, in the preceding 5 years, held a private security registration under the Private Security Act 2004 that has been cancelled or s. 18 -- 15 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 11 suspended under section 111 or 116 of that Act; or (vi) who, in the preceding 5 years, has been found guilty in Victoria or elsewhere, of an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment of 3 months or more; or (vii) who, in the preceding 5 years, has 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; (b) in the case of a corporation— (i) is an externally administered body corporate; or (ii) is a corporation— (A) one or more of the directors of which is a person referred to in paragraph (a); or (B) managed or effectively controlled by a natural person who is a person s. 18 -- 16 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 12 referred to in paragraph (a); or (iii) has, in the preceding 5 years, been found to have contravened section 60 of the Trade Practices Act 1974 of the Commonwealth. (2) A prohibited person must not engage in debt collection. Penalty: In the case of a body corporate, 1200 penalty units; In any other case, 240 penalty units or 2 years imprisonment. 93G Applications by prohibited persons for permission to engage in debt collection (1) Subject to subsection (4), a prohibited person may apply to the Authority at any time for permission to— (a) engage in debt collection; (b) be a director of a corporation that engages in debt collection; (c) manage or effectively control a corporation that engages in debt collection. (2) An application under this section must— (a) be in the form approved by the Authority; and (b) contain the information required by the Authority; and (c) be accompanied by the documents required by the Authority; and (d) be accompanied by the prescribed fee (if any). s. 18 -- 17 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 13 (3) In considering an application under this section, the Authority may— (a) conduct any inquiries it thinks fit; (b) require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority; (c) seek advice and information on the application from any other person or body as it thinks fit. (4) The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made. (5) An application may be withdrawn at any time before the Authority determines it. (6) Subsection (1) does not apply to a person who is— (a) under the age of 18 years; or (b) a represented person within the meaning of the Guardianship and Administration Act 1986. 93H Permission from the Authority The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so. s. 18 -- 18 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 14 93I Authority may impose conditions (1) In giving its permission under this Division, the Authority may impose any conditions it considers appropriate to ensure the ongoing protection of the public interest. (2) The Authority may vary any of the conditions it has imposed— (a) on the application of the person given the permission, upon the payment of the prescribed fee (if any); (b) on the application of the Director; (c) of its own motion. (3) The person given the permission must comply with any conditions imposed in respect of that permission. Penalty: In the case of a body corporate, 1200 penalty units; In any other case, 240 penalty units or 2 years imprisonment. (4) If the Authority is satisfied that any condition imposed in respect of a permission has been contravened or not complied with, it may revoke the permission. (5) Before taking any action under this section the Authority may seek and use information and advice from any person or body or other source as it thinks fit. 93J Application for review (1) A person whose interests are affected by a decision of the Authority under sections 93H and 93I may apply to the Tribunal for review of the decision. s. 18 -- 19 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 15 (2) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 93K Offence to charge debtor for cost of debt collection (1) A debt collector must not recover, or attempt to recover, from a debtor any remuneration or payment in connection with the collection of a debt including the costs and expenses of a debt collector for— (a) finding or attempting to find goods or chattels of the debtor; (b) repossessing or attempting to repossess goods or chattels from the debtor; (c) collecting or attempting to collect a debt owed by the debtor. Penalty: 120 penalty units. (2) Subsection (1)(b) does not apply to a debt collector appointed by a person to repossess goods or chattels from a debtor if that person has a right under a goods mortgage or other agreement with the debtor to recover the costs or expenses for the repossession of goods. s. 18 -- 20 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 16 (3) Any costs or expenses recovered in contravention of subsection (1)— (a) may be recovered by the debtor as a debt; and (b) if the debt collector is the creditor— (i) may be set off against the debt; or (ii) may be recovered by the debtor from the debt collector or the creditor. (4) In this section— costs do not include— (a) stamp duty; or (b) legal costs fixed by, or payable under, rules of court or a court order; creditor includes a partner, employer, employee, principal or agent of the creditor or a person who is in any way acting in collusion with the creditor; debtor includes a person from whom goods or chattels may be lawfully repossessed. (5) This section applies subject to the Consumer Credit Code. 93L Offence to purchase debt for the purpose of collection A prohibited person must not knowingly purchase, or accept assignment of, a debt from a creditor for the purpose of collecting that debt if— s. 18 -- 21 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 17 (a) the debtor is a natural person; and (b) the debt is wholly or predominantly accrued in connection with personal, domestic or household purposes. Penalty: In the case of a body corporate, 1200 penalty units; In any other case, 240 penalty units or 2 years imprisonment. __________________". 19 Transitional provisions In Schedule 3 to the Fair Trading Act 1999, after clause 15 insert— "16 Transitional—Consumer Affairs Legislation Amendment Act 2010 (1) As soon as practicable after 1 January 2011, the Director must take possession, and have custody, control and use of the register within the meaning of section 7 of the Private Agents Act 1966. (2) As soon as practicable after 1 January 2011, the Director must send a notice to every person who, immediately before that date, held a licence in respect of any category of private agent under the Private Agents Act 1966, requiring that person to give or send their licence to the Director. (3) A person must within 14 days of receipt of the notice under subsection (2) give or send their licence to the Director. Penalty: 30 penalty units. s. 19 -- 22 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 18 17 Transitional—Repeal of Trade Measurement Act 1995 (1) On and from the commencement of section 83 of the Consumer Affairs Legislation Amendment Act 2010, the Director may bring proceedings for an offence under the Trade Measurement Act 1995 if the alleged offence was committed before the commencement of that section. (2) On and from the commencement of section 83 of the Consumer Affairs Legislation Amendment Act 2010, any proceeding commenced by the Director, Trade Measurement Victoria in relation to a contravention of the Trade Measurement Act 1995 before that date, may be continued by the Director of Consumer Affairs Victoria. (3) Despite section 83 of the Consumer Affairs Legislation Amendment Act 2010, Division 3 of Part 6 of the Trade Measurement Act 1995, as in force immediately before its repeal, continues to apply in relation to any matter for which a notice has been served under section 57 of that Act before 1 July 2010. (4) Despite section 83 of the Consumer Affairs Legislation Amendment Act 2010, Division 4 of Part 6 of the Trade Measurement Act 1995, as in force immediately before its repeal, continues to apply in relation to any person who is the subject of disciplinary action taken by the licensing authority under section 58 of that Act. s. 19 -- 23 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 19 (5) Any reference to the licensing authority in Divisions 3 and 4 of Part 6 of the Trade Measurement Act 1995, as in force immediately before the repeal of that Act and that continues to apply by virtue of this clause, is taken to be a reference to the Director of Consumer Affairs Victoria and any disciplinary action commenced by the Director, Trade Measurement Victoria may be continued by the Director of Consumer Affairs Victoria. (6) On and from the commencement of section 83 of the Consumer Affairs Legislation Amendment Act 2010, any fees that were due and payable under the Trade Measurement Act 1995 or the regulations on that date, continue to be due and payable and, despite anything to the contrary in that Act or the regulations immediately before its repeal, may be collected by the Director of Consumer Affairs Victoria. (7) Despite the repeal of the Trade Measurement Act 1995, the powers of an inspector to investigate an offence against that Act under Part 7 of that Act— (a) continue to apply where the alleged offence occurred before 1 July 2010; and (b) despite anything to the contrary in that Act as in force immediately before its repeal, may be exercised by an inspector appointed by the Director of Consumer Affairs Victoria for that purpose in accordance with section 114 of this Act. s. 19 -- 24 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 20 (8) On and from the commencement of section 83 of the Consumer Affairs Legislation Amendment Act 2010, any item seized by an inspector under section 61 or 62 of the Trade Measurement Act 1995 as in force immediately before its repeal and held by the administering authority under that Act— (a) must be transferred to the custody of the Director of Consumer Affairs Victoria; and (b) may be returnable to the person from whom it was seized on application, within the time limits specified in section 64 of that Act, to the Director of Consumer Affairs Victoria. (9) In this clause, regulations includes regulations made under either the Trade Measurement Act 1995 or the Trade Measurement (Administration) Act 1995, or both. 18 Transitional—Repeal of Trade Measurement (Administration) Act 1995 (1) On and from the commencement of section 84 of the Consumer Affairs Legislation Amendment Act 2010, the Director may bring proceedings for an offence under the Trade Measurement (Administration) Act 1995 or the regulations if the alleged offence was committed before the commencement of that section. (2) On and from the commencement of section 84 of the Consumer Affairs Legislation Amendment Act 2010, any proceeding commenced by the Director in s. 19 -- 25 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 21 relation to a contravention of the Trade Measurement (Administration) Act 1995 or the regulations before that date, may be continued by the Director. (3) On and from the commencement of section 84 of the Consumer Affairs Legislation Amendment Act 2010, any fees that were due and payable under the Trade Measurement (Administration) Act 1995 or any regulations made under that Act on that date, continue to be due and payable and, despite anything to the contrary in that Act or the regulations immediately before its repeal, are to be paid to the Director of Consumer Affairs Victoria. (4) Despite the repeal of the Trade Measurement (Administration) Act 1995, for the purposes of exercising the transitional powers conferred by clause 17 and this clause of this Schedule, the Director of Consumer Affairs Victoria may exercise the power of the Director, Trade Measurement Victoria to appoint a person as an inspector under section 9(1)(a) of that Act. (5) On and from the commencement of section 84 of the Consumer Affairs Legislation Amendment Act 2010, a certification fee that would be payable on or after 1 July 2010 under section 10 of the Trade Measurement (Administration) Act 1995 or the regulations as in force immediately before its repeal, that relates to a certification carried out before that date— (a) continues to be due and payable despite the repeal of the Trade Measurement (Administration) Act 1995; and s. 19 -- 26 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 22 (b) despite anything to the contrary in that Act, is to be paid to the Director of Consumer Affairs Victoria. (6) Despite the repeal of the Trade Measurement (Administration) Act 1995, the power of an inspector to apply for a search warrant under section 16 of that Act as in force immediately before its repeal— (a) continues to apply if the application relates to premises which may contain evidence of an alleged offence that occurred before 1 July 2010; and (b) despite anything to the contrary in the Trade Measurement (Administration) Act 1995 as in force immediately before its repeal, may be exercised within the time limits specified in section 24 of that Act by an inspector appointed by the Director of Consumer Affairs Victoria for that purpose in accordance with section 114 of this Act. (7) Despite the repeal of the Trade Measurement (Administration) Act 1995, section 18 of that Act as in force immediately before its repeal— (a) continues to apply in relation to an offence committed prior to 1 July 2010; and (b) any reference in that section to an authorised officer is taken to be a reference to a person authorised by the Director of Consumer Affairs Victoria for the purpose of this clause. s. 19 -- 27 of 74 -- Part 4—Fair Trading Act 1999 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 23 (8) In this clause, regulations includes regulations made under either the Trade Measurement Act 1995 or the Trade Measurement (Administration) Act 1995, or both. 19 Transitional—Transfer of information for the purpose of the National Measurement Act 1960 of the Commonwealth (1) On and from the commencement of section 83 of the Consumer Affairs Legislation Amendment Act 2010, the following information must be transferred to the custody of the Director of Consumer Affairs Victoria— (a) the register of the prescribed particulars relating to licences kept under section 47 of the Trade Measurement Act 1995; (b) information obtained by the Director, Trade Measurement Victoria as the administering authority or licensing authority. (2) On and from the commencement of section 83 of the Consumer Affairs Legislation Amendment Act 2010, the Director of Consumer Affairs Victoria may provide any information transferred to it under this clause to the National Measurement Institute for the purpose of the administration and enforcement of the National Measurement Act 1960 of the Commonwealth.". __________________ s. 19 -- 28 of 74 -- Part 5—Owners Corporations Act 2006 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 24 PART 5—OWNERS CORPORATIONS ACT 2006 20 Power to delegate At the end of section 11 of the Owners Corporations Act 2006 insert— "(2) The instrument of delegation must be made at a general meeting. (3) A delegation to the committee of the owners corporation ceases to have effect at the next annual general meeting after the instrument is made if not sooner revoked.". 21 The common seal (1) In section 19(1) of the Owners Corporations Act 2006 after "the name of the owners corporation" insert "and the plan of subdivision number of the plan that created the owners corporation". (2) After section 19(2) of the Owners Corporations Act 2006 insert— "(3) Despite subsection (1), a common seal that existed prior to the commencement of section 21 of the Consumer Affairs Legislation Amendment Act 2010 is not invalid solely because it does not include the subdivision plan number.". 22 When can the common seal be used? In section 20(1) of the Owners Corporations Act 2006 after "authorised by" insert "this Act, regulations made under this Act or". 23 Penalty interest on arrears (1) In section 29(1) of the Owners Corporations Act 2006 for "An owners corporation" substitute "If authorised by a resolution at a general meeting, an owners corporation". s. 20 See: Act No. 69/2006 and amending Act No. 2/2008. LawToday: www. legislation. vic.gov.au -- 29 of 74 -- Part 5—Owners Corporations Act 2006 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 25 (2) After section 29(3) of the Owners Corporations Act 2006 insert— "(4) The owners corporation must report to the annual general meeting on any decision under subsection (3) to waive or not to waive the payment of interest in a particular case and the reasons for that decision.". 24 What is an insurable building? (1) In section 54 of the Owners Corporations Act 2006 after paragraph (a) of the definition of building insert— "(ab) any shared services; and". (2) In section 54 of the Owners Corporations Act 2006 in paragraph (e) of the definition of building for "a building." substitute "a building;". (3) In section 54 of the Owners Corporations Act 2006, after the definition of building insert the following definition— "shared services includes any pipes or cables used to provide services including water, electricity, gas and telecommunications to the building that are shared with a person other than the owners corporation or any of its members.". 25 Reinstatement and replacement insurance After section 59(2) of the Owners Corporations Act 2006 insert— "(2A) The insurance required under subsection (1) includes reinstatement and replacement insurance for the owners corporation's portion of any shared services.". s. 24 -- 30 of 74 -- Part 5—Owners Corporations Act 2006 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 26 26 Agenda for annual general meeting In section 71(2) of the Owners Corporations Act 2006— (a) in paragraph (h)— (i) after "report under section" insert "29(4),"; (ii) for "Part 10." substitute "Part 10;"; (b) after paragraph (h) insert— "(i) the tabling and consideration of the minutes of the previous annual general meeting.". 27 Notice of annual general meeting (1) In section 72(2)(f) of the Owners Corporations Act 2006 for "proxy." substitute "proxy;". (2) After section 72(2)(f) of the Owners Corporations Act 2006 insert— "(g) any report to be considered at the meeting under section 71(2)(h); and (h) the minutes of the previous annual general meeting.". 28 Who chairs the general meeting? At the foot of section 79(2) of the Owners Corporations Act 2006 insert— "Note See sections 98, 105 and 106.". 29 Owners corporation may require certain matters to be dealt with at general meetings At the foot of section 82 of the Owners Corporations Act 2006 insert— "Note See section 90(a).". s. 26 -- 31 of 74 -- Part 5—Owners Corporations Act 2006 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 27 30 New section 94 substituted For section 94 of the Owners Corporations Act 2006 substitute— "94 Can a lot owner vote if fees are unpaid? (1) Subject to subsection (2), a lot owner who is in arrears for any amount owed to the owners corporation is not entitled to vote, either in person, by ballot or by proxy, unless the amount in arrears is paid in full. (2) A lot owner who is in arrears for any amount owed to the owners corporation is always entitled to vote in a case where a special resolution or unanimous resolution is required. (3) For the purposes of subsection (1), except in the case of a payment in cash, an amount is only taken to be paid in full if it is paid not less than four business days before the vote in question.". 31 Chairperson of owners corporation After section 98(2) of the Owners Corporations Act 2006 insert— "(3) A chairperson elected by the lot owners of an owners corporation under subsection (1) may be removed by resolution at a general meeting.". 32 Secretary (1) At the foot of section 99(2) of the Owners Corporations Act 2006 insert— "Note See section 107.". s. 30 -- 32 of 74 -- Part 5—Owners Corporations Act 2006 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 28 (2) After section 99(2) of the Owners Corporations Act 2006 insert— "(2A) A secretary elected by the lot owners of an owners corporation under subsection (1) may be removed by resolution at a general meeting.". 33 Functions and powers of the committee In section 101(1) of the Owners Corporations Act 2006 for "all the powers and functions that may be delegated" substitute "only the powers and functions that are delegated to it". 34 Chairperson of committee At the end of section 105 of the Owners Corporations Act 2006 insert— "(2) An appointment as chairperson under subsection (1)— (a) is to be conducted by means of a majority vote; (b) may be revoked by means of a majority vote. (3) If a person's appointment as chairperson of a committee is revoked under subsection (2)(b), that revocation does not affect the person's membership of the committee.". 35 Secretary of committee At the end of section 107 of the Owners Corporations Act 2006 insert— "(2) An appointment as secretary of the committee under subsection (1)— (a) is to be conducted by means of a majority vote; (b) may be revoked by means of a majority vote. s. 33 -- 33 of 74 -- Part 5—Owners Corporations Act 2006 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 29 (3) If a person's appointment as secretary of the committee is revoked under subsection (2)(b) and that person is a lot owner, that revocation does not affect the person's membership of the committee.". 36 Notice of meetings In section 109 of the Owners Corporations Act 2006— (a) in subsection (2)(a) for "3 days (excluding public holidays)" substitute "3 business days"; (b) in subsection (3)(b), for "meeting." substitute "meeting; and"; (c) after subsection (3)(b) insert— "(c) the minutes of the previous meeting; and (d) a statement that a member of the committee may appoint a proxy for the purpose of the meeting.". 37 Functions of the manager where there is a committee In section 120(1)(c) of the Owners Corporations Act 2006 omit "at a general meeting". 38 New section 121 inserted For section 121 of the Owners Corporations Act 2006 substitute— "121 Functions of the manager where there is no committee If there is no committee of the owners corporation, the manager has the functions and powers that are conferred on the manager by— s. 36 -- 34 of 74 -- Part 5—Owners Corporations Act 2006 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 30 (a) this Act and any regulations made under this Act; (b) the rules of the owners corporation; (c) the owners corporation by resolution; (d) delegation by the owners corporation.". 39 Availability of register In section 150(2) of the Owners Corporations Act 2006 for "corporation may" substitute "corporation must". 40 Owners corporation certificate (1) In section 151(4)(b)(v) of the Owners Corporations Act 2006 for "register." substitute "register; and". (2) After section 151(4)(b) of the Owners Corporations Act 2006 insert— "(c) be sealed with the owners corporation's common seal.". __________________ s. 39 -- 35 of 74 -- Part 6—Property Law Act 1958 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 31 PART 6—PROPERTY LAW ACT 1958 41 New Division 5A of Part II inserted After Division 5 of Part II of the Property Law Act 1958 insert— "Division 5A—Removal of buildings and fixtures 154A Tenant may remove buildings and fixtures (1) A tenant who at his or her own cost or expense has installed fixtures on, or renovated, altered or added to, a rented premises owns those fixtures, renovations, alterations or additions and may remove them before the relevant agreement terminates or during any extended period of possession of the premises, but not afterwards. (2) A tenant who removes any fixtures, renovations, alterations or additions under subsection (1) must— (a) restore the premises to the condition they were in immediately before the installation, renovation, alteration or addition, fair wear and tear excepted; or (b) pay the landlord an amount equal to the reasonable cost of restoring the premises to that condition. (3) This section does not apply to the extent that— (a) the lease otherwise provides; or (b) the landlord and the tenant otherwise agree.". __________________ s. 41 See: Act No. 6344. Reprint No. 12 as at 10 May 2007 and amending Act Nos 75/2006, 12/2008 and 24/2008. LawToday: www. legislation. vic.gov.au -- 36 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 32 PART 7—PROSTITUTION CONTROL ACT 1994 42 Updated references to prostitute and prostitution (1) In the title of the Prostitution Control Act 1994, for "Prostitution Control" substitute "Sex Work". (2) The Prostitution Control Act 1994 is amended as set out in Schedule 1. 43 New section 3B inserted After section 3A of the Prostitution Control Act 1994 insert— "3B Exemptions for sex on premises venues (1) The Secretary may exempt a sex on premises venue from the operation of this Act if the Secretary is satisfied that— (a) the operator has agreed in writing to operate the venue in accordance with a statement of principles and procedures for the promotion of sexual health that has been endorsed by the Secretary; and (b) if the venue has commenced operation, the operator is operating the venue in accordance with that statement of principles and procedures. s. 42 See: Act No. 102/1994. Reprint No. 6 as at 1 May 2008 and amending Act Nos 16/2004, 4/2008, 12/2008, 24/2008, 46/2008, 82/2008 and 25/2009. LawToday: www. legislation. vic.gov.au -- 37 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 33 (2) In granting an exemption, the Secretary— (a) must issue the exemption in writing; and (b) may specify the period for which it is to apply; and (c) may impose any condition that the Secretary considers to be appropriate for the purposes of protecting public health. (3) The Secretary, at any time by notice in writing to the operator of a sex on premises venue, may vary, suspend or revoke an exemption granted under subsection (1) in respect of the venue if the Secretary is satisfied that the operator has failed to comply with— (a) the statement of principles and procedures referred to in subsection (1); or (b) a condition imposed under subsection (2)(c). (4) The Secretary must notify the Director, the Authority and the Chief Commissioner of Police of— (a) any exemption granted under subsection (1); or (b) the suspension, variation or revocation of an exemption under subsection (3). (5) In this section— operator means the owner of the sex on premises venue business; Secretary means the Secretary to the Department of Health; s. 43 -- 38 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 34 sex on premises venue means any venue where a person is required to pay an admission fee or charge to enter the venue for the purpose of engaging in sexual activities with another person who has also entered the venue on the same terms and who did not receive any form of payment or reward, whether directly or indirectly, for engaging in sexual activities.". 44 New section 18A inserted After section 18 of the Prostitution Control Act 1994 insert— "18A Sex workers and clients must adopt safer sex practices (1) A person must not provide or receive sexual services unless he or she has taken all reasonable steps to ensure a condom or other appropriate barrier is used if that sex work involves vaginal, anal, or oral penetration or another activity with a similar or greater risk of acquiring or transmitting sexually transmitted diseases. Penalty: 20 penalty units. (2) A person who provides or receives sex work services must take all reasonable steps to minimise the risk of acquiring or transmitting sexually transmitted diseases while providing or receiving those services. Penalty: 20 penalty units.". s. 44 -- 39 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 35 45 Permitting sex worker infected with a disease to work in a brothel etc. (1) In section 19(2)(a)(ii) of the Prostitution Control Act 1994 for "on at least a monthly basis" substitute "at the time periods determined by the Health Minister by Order published in the Government Gazette". (2) After section 19(2) of the Prostitution Control Act 1994 insert— "(3) In this section, Health Minister means the person for the time being administering the Public Health and Wellbeing Act 2008.". 46 Sex worker working while infected with a disease (1) In section 20(2)(a)(ii) of the Prostitution Control Act 1994 for "on at least a monthly basis" substitute "at the time periods determined by the Health Minister by Order published in the Government Gazette". (2) After section 20(2) of the Prostitution Control Act 1994 insert— "(3) In this section, Health Minister means the person for the time being administering the Public Health and Wellbeing Act 2008.". 47 Sex work service providers to be licensed In section 22(1) of the Prostitution Control Act 1994, in the penalty at the foot of that section, for "level 6 fine (600 penalty units maximum)" substitute "level 5 fine (1200 penalty units maximum)". s. 45 -- 40 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 36 48 New section 24A inserted After section 24 of the Prostitution Control Act 1994 insert— "24A Annual statement regarding exemption (1) A person who carries on a sex work service providing business that has been entered on the register must provide to the Authority, within 6 weeks after the anniversary of his or her date of notification of prescribed particulars under section 24 or this section, a statement that sets out— (a) whether or not he or she continues to rely on the exemption in section 23; and (b) if so, the prescribed particulars in relation to the business. (2) The Authority must record the information provided under subsection (1) in the register. (3) If a person does not provide an annual statement in accordance with subsection (1), the Authority must send a written notice to the person at the address recorded in the register for that person, requesting that the annual statement be provided within 14 days of the date of the notice. (4) A person must comply with a notice issued under subsection (3). Penalty: 30 penalty units. (5) If a person fails to comply with a notice under subsection (3), the Registrar must record in the register that the annual statement has not been provided and the information recorded is not current. s. 48 -- 41 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 37 (6) In this section register means the register created by the Registrar under section 24.". 49 New section 39A inserted After section 39 of the Prostitution Control Act 1994 insert— "39A Licensee identity cards (1) The Authority must issue an identity card to a person who is granted a licence under section 39. (2) An identity card issued under subsection (1) must be in the form approved by the Authority (which may require a photograph of the person) and is valid for the period specified by the Authority. (3) A licensee must carry his or her identity card at all times while at the brothel to which the licence applies. Penalty: 10 penalty units.". 50 Amendment of licence After section 40(2) of the Prostitution Control Act 1994 Act insert— "(3) An application by a licensee referred to in subsection (2) must be accompanied by the prescribed fee (if any).". 51 Cancelled or suspended licence must be returned In section 41 of the Prostitution Control Act 1994 for "to the Authority within 7 days of becoming aware of the suspension or cancellation" substitute "and any identity card issued under section 39A to the Authority within 7 days of receiving notification of the suspension or cancellation of the licence". s. 49 -- 42 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 38 52 Requirement for licensee to be in effective control of business After section 42(7) of the Prostitution Control Act 1994 insert— "(8) The nomination of a person as the licensee in effective control of the business under subsection (7) does not affect the duties and obligations of any other licensee under this Act.". 53 New section 46AA inserted After section 46 of the Prostitution Control Act 1994 insert— "46AA Authority may conduct checks upon receipt of information relating to change of ownership of premises (1) This section applies if information provided under section 46 relates to a change in the information that was provided under section 33(2)(b)(i)(B). (2) The Authority may request, by notice in writing, any new owner of a premises from which a brothel is operated (or if that owner is a body corporate, each director of that body corporate) to furnish to the Authority any authorities and consents that it requires for the purpose of enabling it to determine if that person is of good repute, having regard to character, honesty and integrity. (3) A person must comply with a request made under subsection (2). Penalty: 60 penalty units.". s. 52 -- 43 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 39 54 New section 47A inserted After section 47 of the Prostitution Control Act 1994 insert— "47A Death, disability etc. of licensed sex work service provider (1) The following persons may carry on the sex work service providing business of a person who was a licensed sex work service provider under this Part for 30 days after the person ceases to be licensed— (a) if the person dies, the executor named in the person's will or the administrator of the person's estate or any person who intends applying for letters of administration in relation to the person's estate; (b) if the person becomes an insolvent under administration, the assignee, trustee or receiver of the person; (c) if the person becomes a represented person within the meaning of the Guardianship and Administration Act 1986, the guardian or administrator of the person or any person nominated by the guardian or administrator. (2) If a person authorised to carry on the business applies to the Authority within the 30-day period for permission to carry on the business for a longer period, the person may continue to carry on the business until the Authority makes a decision on the application. (3) The Authority may grant an application if it is satisfied that it is not contrary to the public interest to do so. s. 54 -- 44 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 40 (4) In granting its permission, the Authority may limit it in any way it thinks appropriate and may impose any conditions it thinks appropriate to ensure the ongoing protection of the public interest. (5) The Authority may at any time withdraw any permission it has granted under this section or limit, or impose, revoke or vary conditions on, any such permission. (6) A person who has been granted permission under this section must comply with any limitation or condition that applies to the permission. Penalty: 50 penalty units. (7) A person who carries on a sex work service providing business under this section is deemed, for the purposes of this Act, to be a licensed sex work service provider on the same terms and conditions as applied to the person who has ceased to be licensed.". 55 New section 52AAA After section 52 of the Prostitution Control Act 1994 insert— "52AAA Approved manager identity cards (1) The Authority must issue an identity card to a person who is approved as a manager of a brothel under section 52. (2) An identity card issued under subsection (1) must be in the form approved by the Authority and is valid for the duration specified by the Authority. s. 55 -- 45 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 41 (3) An approved manager must carry his or her identity card at all times while at the brothel for which he or she is approved as manager. Penalty: 10 penalty units.". 56 New sections 53A, 53B and 53C inserted After section 53 of the Prostitution Control Act 1994 insert— "53A Application for permission to act as approved manager (1) An approved manager who has his or her approval cancelled under section 53(1)(e) may apply to the Authority at any time for permission to manage a sex work service providing business. (2) An application under this section must— (a) be in the form approved by the Authority; (b) contain the information required by the Authority; (c) be accompanied by the documents required by the Authority; (d) be accompanied by the prescribed fee (if any). 53B Permission from the Authority (1) The Authority may give its permission if it is satisfied that it is not contrary to the public interest to do so. (2) In determining whether to give its permission, the Authority may— (a) conduct any inquiries it thinks fit; s. 56 -- 46 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 42 (b) require the applicant to provide any further information relating to the application that the Authority considers necessary in the form required by the Authority; (c) seek and use information and advice on the application from any person or body or other source as it thinks fit. (3) The Authority may refuse to give its permission if the applicant refuses or fails to provide any information requested by the Authority under subsection (2)(b) within a reasonable time after the requirement is made. 53C Authority may impose conditions (1) In giving its permission under section 53B, the Authority may impose any conditions it considers appropriate to ensure the ongoing protection of the public interest. (2) The person given the permission, or the Director, may apply to the Authority for a variation or revocation of any conditions the Authority has imposed. (3) A person given permission must comply with any conditions imposed in respect of that permission. Penalty: 25 penalty units. (4) If the Authority is satisfied that any condition imposed in respect of a permission has been contravened or not complied with, it may revoke the permission. (5) Before taking any action under this section, the Authority may seek and use information and advice from any person or body or other source as it thinks fit.". s. 56 -- 47 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 43 57 Cancelled or suspended approval must be returned In section 54B of the Prostitution Control Act 1994, for "to the Authority within 7 days of becoming aware of the suspension or cancellation" substitute "and any identity card issued under section 52AAA to the Authority within 7 days of receiving notification of the suspension or cancellation". 58 Licence and approvals register In section 55(1) of the Prostitution Control Act 1994 after paragraph (b) insert— "(ba) the name of any licensee who is nominated, approved or permitted to be the licensee in effective control of the business under section 42;". 59 Application for review (1) In section 56(1) of the Prostitution Control Act 1994 for "39, 40, 52 or 52AA" substitute "36A(4), 39, 40, 47A, 52, 52AA, 53B or 53C". (2) After section 56(1) of the Prostitution Control Act 1994 insert— "(1A) A person whose interests are affected by a decision of the Secretary to the Department of Health under section 3B(1) or (3) may apply to the Tribunal for a review of that decision.". 60 New section 60A inserted After section 60 of the Prostitution Control Act 1994 insert— "60A Display of prescribed signage relating to sexual slavery (1) A licensee must keep the prescribed signage relating to sexual slavery displayed on the premises of the sex work service providing s. 57 -- 48 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 44 business in such place or places that it may be read by any person on the premises. Penalty: 10 penalty units. (2) The Governor in Council may make regulations prescribing— (a) signage in relation to sexual slavery for the purposes of subsection (1); and (b) the locations where that signage is to be displayed.". 61 Production of licence or certificate of approval (1) Insert the following heading to section 61 of the Prostitution Control Act 1994— "Production of licence, certificate of approval or identity card". (2) At the end of section 61 of the Prostitution Control Act 1994 insert— "(2) A licensee or approved manager must not, without reasonable excuse, refuse or fail to produce his or her identity card to an authorised member of the police force or an inspector if that member or inspector demands him or her to do so. Penalty: Level 10 fine (10 penalty units maximum).". 62 Accounts and other documents available for inspection (1) In section 61C(1) of the Prostitution Control Act 1994— (a) for "prostitution" substitute "sex work"; (b) for "in which they can be readily and expeditiously" substitute "that can be immediately and easily". s. 61 -- 49 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 45 (2) In section 61C(2) of the Prostitution Control Act 1994— (a) for "last 7 years" substitute "7 years preceding the date of the surrender or cancellation of the licence"; (b) for "readily and expeditiously" substitute "immediately and easily". (3) In section 61C(3) of the Prostitution Control Act 1994— (a) for "last 7 years" substitute "7 years preceding the date of the suspension of the licence"; (b) for "readily and expeditiously" substitute "immediately and easily". 63 New section 61DA inserted After section 61D of the Prostitution Control Act 1994 insert— "61DA Persons to answer questions in relation to suspected non-licensed sex work service providing businesses (1) If an inspector believes on reasonable grounds that premises are being used as a brothel in respect of which there is not in force any licence required under Part 3, the inspector may request any person who is entering or leaving those premises to— (a) provide his or her name and address; and (b) answer orally any questions put by the inspector in relation to the use of the premises as a brothel; and s. 63 -- 50 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 46 (c) provide a written statement to the inspector in relation to any questions put by the inspector under paragraph (b). (2) An inspector who makes a request under subsection (1) must— (a) inform the person that he or she is an inspector; and (b) state his or her name; and (c) produce for inspection by the person proof that he or she is an inspector; and (d) inform the person that the following are offences— (i) a failure to comply with the request; (ii) the provision of a false name or address; (iii) making a false or misleading statement. (3) A person must not, in response to a request made under subsection (1) by an inspector in accordance with this section refuse or fail to comply with the request. Penalty: Level 10 fine (10 penalty units maximum). (4) Despite subsection (3), it is not an offence for a person to fail to comply with a request made under subsection (1) if the inspector did not fully comply with subsection (2) in making the request. (5) If a person states a name and address in response to a request made under subsection (1), the inspector may request the person to s. 63 -- 51 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 47 provide evidence of the correctness of the name and address. (6) A person must comply with a request made under subsection (5), unless he or she has a reasonable excuse for not doing so. Penalty: Level 10 fine (10 penalty units maximum). (7) It is not an offence for a person to fail to comply with a request made under subsection (5) if the inspector did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request. (8) An inspector must not divulge to any other person or use for any purpose any information received by the inspector in response to a request made under subsections (1) or (5), except— (a) in connection with the administration of this Act or the regulations; or (b) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of such proceedings. Penalty: 50 penalty units.". 64 Third parties to produce documents and answer questions relating to specified business In section 61E of the Prostitution Control Act 1994 for "licensee's business as a prostitution service provider" (where twice occurring) substitute "licensee's business as, or any other business an inspector reasonably suspects is operating as, a sex work service provider". s. 64 -- 52 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 48 65 Department Heads, police and public authorities to produce information to inspectors In section 61F(1)(a) of the Prostitution Control Act 1994 for "licensee's business as a prostitution service provider" substitute "licensee's business as, or any other business an inspector reasonably suspects is operating as, a sex work service provider". 66 Certain other specified persons or bodies to produce information In section 61G(1)(a) of the Prostitution Control Act 1994 for "licensee's business as a prostitution service provider" substitute "licensee's business as, or any other business an inspector reasonably suspects is operating as, a sex work service provider". 67 Order requiring the supply of information and answers to questions In section 61I(1)(a) and (b) of the Prostitution Control Act 1994 for "licensee's business as a prostitution service provider" substitute "licensee's business as, or any other business an inspector reasonably suspects is operating as, a sex work service provider". 68 Entry to licensed premises by police (1) Insert the following heading to section 62 of the Prostitution Control Act 1994— "Entry to licensed premises by Chief Commissioner of Police". s. 65 -- 53 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 49 (2) In section 62(1) of the Prostitution Control Act 1994— (a) for "A member of the police force of or above the rank of inspector" substitute "The Chief Commissioner of Police"; (b) for "prostitution" substitute "sex work". (3) In section 62(2) of the Prostitution Control Act 1994 for "member or members of the police force" substitute "Chief Commissioner of Police". (4) In section 62(4) of the Prostitution Control Act 1994 for "member of the police force in charge of the operation" substitute "Chief Commissioner of Police". (5) In section 62(5) of the Prostitution Control Act 1994 for "a member of the police force" substitute "the Chief Commissioner of Police". 69 Entry to unlicensed premises—without search warrant (1) For section 64(1) of the Prostitution Control Act 1994 substitute— "(1) If outside office hours the Chief Commissioner of Police believes on reasonable grounds that a person is carrying on business at particular premises as a sex work service provider in contravention of section 22(1) or (1A) or 24(1) and that relevant evidence is likely to be lost if entry to the premises is delayed until a search warrant is obtained, the Chief Commissioner may authorise entry to the premises in accordance with the procedure set out in subsection (2).". s. 69 -- 54 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 50 (2) In section 64(2) of the Prostitution Control Act 1994— (a) for "member of the police force referred to in subsection (1)" substitute "Chief Commissioner of Police"; (b) in paragraph (c), for "authorising member of the police force" substitute "Chief Commissioner". 70 New section 65A inserted After section 65 of the Prostitution Control Act 1994 insert— "65A Delegations by the Chief Commissioner Any delegation made by the Chief Commissioner under section 6A of the Police Regulation Act 1958 of his or her functions and powers under this Division must be made to a member of the police force who is of or above the rank of senior sergeant.". 71 Restriction on certain permit applications In section 72 of the Prostitution Control Act 1994 after paragraph (a) insert— "(ab) a person who has made an application for a licence under section 33; or". 72 New section 74A inserted After section 74 of the Prostitution Control Act 1994 insert— "74A Conditions on permits for licence applicants A permit for the use or development of land for the purposes of the operation of a brothel granted by the responsible authority to an applicant for a licence under section 33 must s. 70 -- 55 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 51 include a condition that that use or development must not commence unless and until the person is granted the licence.". 73 Power to serve an infringement notice (1) In section 89A(3) of the Prostitution Control Act 1994— (a) after paragraph (a) insert— "(ab) section 41;"; (b) in paragraph (h) for "60(2)." substitute "60(2);"; (c) after paragraph (h) insert— "(i) section 61; (j) section 61C(1); (k) section 61C(2); (l) section 61C(3).". (2) In section 89A(4) of the Prostitution Control Act 1994— (a) after paragraph (a) insert— "(ab) subsection (3)(ab) is 3 penalty units;"; (b) in paragraph (h) for "1 penalty unit." substitute "1 penalty unit;"; (c) after paragraph (h) insert— "(i) subsection (3)(i) is 1 penalty unit; (j) subsection (3)(j) is 1 penalty unit; (k) subsection (3)(k) is 1 penalty unit; (l) subsection (3)(l) is 1 penalty unit.". s. 73 -- 56 of 74 -- Part 7—Prostitution Control Act 1994 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 52 74 New section 94 inserted After section 93 of the Prostitution Control Act 1994 insert— "94 Saving provision concerning change of Act name Any reference to the Prostitution Control Act 1994 in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the commencement of section 42 of the Consumer Affairs Legislation Amendment Act 2010 is to be treated as a reference to the Sex Work Act 1994, unless the contrary intention appears.". __________________ s. 74 -- 57 of 74 -- Part 8—Sale of Land Act 1962 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 53 PART 8—SALE OF LAND ACT 1962 75 Deposit moneys held by legal practitioner, conveyancer or estate agent to be held as stakeholder For section 24(1A) of the Sale of Land Act 1962 substitute— "(2) This section does not prevent the transfer of deposit moneys from— (a) a legal practitioner, estate agent or conveyancer to another legal practitioner, estate agent or conveyancer if that other legal practitioner, estate agent or conveyancer is acting for the vendor in relation to the sale; or (b) a vendor to a legal practitioner, estate agent or conveyancer acting for that vendor. (3) Any deposit moneys transferred under subsection (2) must continue to be held by the person to whom they were transferred as a stakeholder under this Division.". __________________ s. 75 See: Act No. 6975. Reprint No. 13 as at 1 July 2008 and amending Act Nos 6/2008 and 12/2008. LawToday: www. legislation. vic.gov.au -- 58 of 74 -- Part 9—Trade Measurement (Administration) Act 1995 Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 54 PART 9—TRADE MEASUREMENT (ADMINISTRATION) ACT 1995 76 Trade Measurement (Administration) Act 1995 After section 25 of the Trade Measurement (Administration) Act 1995 insert— "25A Information sharing with National Measurement Institute The Director may provide the following information to the National Measurement Institute for the purposes of the administration and enforcement of the National Measurement Act 1960 of the Commonwealth— (a) the register of the prescribed particulars relating to licences kept under section 47 of the Trade Measurement Act 1995; (b) information obtained by the Director as the administering authority or licensing authority.". __________________ See: Act No. 60/1995. Reprint No. 1 as at 12 August 1999 and amending Act Nos 17/2000, 44/2001, 108/2004, 32/2006 and 2/2008. LawToday: www. legislation. vic.gov.au s. 76 -- 59 of 74 -- Part 10—Repeals and Amendments Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 55 PART 10—REPEALS AND AMENDMENTS Division 1—Repeal of redundant Acts 77 Collusive Practices Act 1965 The Collusive Practices Act 1965 is repealed. 78 Fuel Prices Regulation Act 1981 The Fuel Prices Regulation Act 1981 is repealed. 79 Marketable Securities Act 1970 The Marketable Securities Act 1970 is repealed. 80 Petroleum Retail Selling Sites Act 1981 The Petroleum Retail Selling Sites Act 1981 is repealed. 81 Petroleum Products (Terminal Gate Pricing) Act 2000 The Petroleum Products (Terminal Gate Pricing) Act 2000 is repealed. 82 Private Agents Act 1966 The Private Agents Act 1966 is repealed. 83 Trade Measurement Act 1995 The Trade Measurement Act 1995 is repealed. 84 Trade Measurement (Administration) Act 1995 The Trade Measurement (Administration) Act 1995 is repealed. 85 Utility Meters (Metrological Controls) Act 2002 The Utility Meters (Metrological Controls) Act 2002 is repealed. s. 77 -- 60 of 74 -- Part 10—Repeals and Amendments Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 56 Division 2—Repeal of redundant provisions 86 Carriers and Innkeepers Act 1958 Sections 3 to 12 of the Carriers and Innkeepers Act 1958 are repealed. 87 Companies (Administration) Act 1981 Sections 11 to 15 of the Companies (Administration) Act 1981 are repealed. 88 Conveyancers Act 2006 Sections 190 and 192 of and Schedule 2 to the Conveyancers Act 2006 are repealed. 89 Gambling Regulation Act 2003 Section 9A.1.8(2)(a) of the Gambling Regulation Act 2003 is repealed. 90 Land Act 1958 Section 93 of the Land Act 1958 is repealed. 91 Landlord and Tenant Act 1958 (1) Section 2 and Parts I, II and III of the Landlord and Tenant Act 1958 are repealed. (2) The First, Second and Third Schedules to the Landlord and Tenant Act 1958 are repealed. 92 Owners Corporations Act 2006 Parts 14, 15 and 16 of, and Schedule 3 to, the Owners Corporations Act 2006 are repealed. 93 Water Act 1989 Sections 171A and 171I of the Water Act 1989 are repealed. s. 86 -- 61 of 74 -- Part 10—Repeals and Amendments Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 57 Division 3—Repeal of spent transitional provisions 94 Co-operatives Act 1996 Sections 464 and 465 of the Co-operatives Act 1996 are repealed. 95 Fair Trading Act 1999 Sections 166 to 169 of the Fair Trading Act 1999 are repealed. 96 Fundraising Act 1998 Sections 71(3), 72A and 73 of the Fundraising Act 1998 are repealed. 97 Funerals Act 2006 Part 11 of the Funerals Act 2006 is repealed. 98 Partnership Act 1958 Section 79G of the Partnership Act 1958 is repealed. 99 Retirement Villages Act 1986 Section 44 of the Retirement Villages Act 1986 is repealed. 100 Second-Hand Dealers and Pawnbrokers Act 1989 Part 7 of the Second-Hand Dealers and Pawnbrokers Act 1989 is repealed. 101 Travel Agents Act 1986 Sections 49 to 51 of the Travel Agents Act 1986 are repealed. s. 94 -- 62 of 74 -- Part 10—Repeals and Amendments Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 58 Division 4—Consequential and other amendments 102 Corporations (Ancillary Provisions) Act 2001 At the end of Part 4 of the Corporations (Ancillary Provisions) Act 2001 insert— "27 Transitional—Repeal of Marketable Securities Act 1970 (1) Without limiting section 25, the Governor in Council may make regulations for or with respect to matters of a transitional nature relating to the repeal of the Marketable Securities Act 1970. (2) Any provision of the regulations made under this section may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than immediately before the day on which the Consumer Affairs Legislation Amendment Act 2010 receives the Royal Assent. (3) To the extent to which a provision of the regulations made under this section takes effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, the provision does not operate so as— (a) to affect in a manner prejudicial to any person (other than the Crown or an authority of the Crown), the rights of that person existing before the date of making of those regulations; or s. 102 -- 63 of 74 -- Part 10—Repeals and Amendments Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 59 (b) to impose liabilities on any person (other than the Crown or an authority of the Crown) in respect of anything done or omitted to be done before the date of making of those regulations. (4) In this section, matters of a transitional nature includes matters of an application or savings nature.". 103 County Court Act 1958 In section 23(4) of the County Court Act 1958, for "for the time being licensed under the Private Agents Act 1966 as" substitute "who is". 104 Duties Act 2000 In section 22A(3) of the Duties Act 2000, for "section 28 of the Landlord and Tenant Act 1958" substitute "section 154A of the Property Law Act 1958". 105 Fair Trading Act 1999 (1) In the heading to Part 13 of the Fair Trading Act 1999 omit "REPEALS,". (2) In Schedule 1 to the Fair Trading Act 1999 omit— (a) "Trade Measurement Act 1995"; (b) "Trade Measurement (Administration) Act 1995". (3) In Schedule 1 to the Fair Trading Act 1999 omit "Utility Meters (Metrological Controls) Act 2002". (4) In Schedule 1 to the Fair Trading Act 1999 omit "Petroleum Products (Terminal Gate Pricing) Act 2000". s. 103 -- 64 of 74 -- Part 10—Repeals and Amendments Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 60 106 Liquor Control Reform Amendment (Licensing) Act 2009 In section 31 of the Liquor Control Reform Amendment (Licensing) Act 2009, in new clause 23 being inserted into Schedule 3 to the Liquor Control Reform Act 1998, in subclauses (1), (2) and (3), after "Amendment" insert "(Licensing)". 107 Police Regulation Act 1958 At the foot of section 6A of the Police Regulation Act 1958 insert— "Note Section 65A of the Prostitution Control Act 1994 imposes a restriction on the exercise of the power under this section in relation to delegations under that Act.". 108 Private Security Act 2004 (1) After section 63 of the Private Security Act 2004 insert— "63A Disclosure of cancellation or suspension of private security licence If a private security licence is cancelled or suspended under section 56 or 61, the Chief Commissioner may disclose that fact and the name of the licence holder to the Director of Consumer Affairs or the Business Licensing Authority for the purpose of section 93F of the Fair Trading Act 1999.". (2) After section 118 of the Private Security Act 2004 insert— "118A Disclosure of cancellation or suspension of private security registration If a private security registration is cancelled or suspended under section 111 or 116, the Chief Commissioner may disclose that fact s. 106 -- 65 of 74 -- Part 10—Repeals and Amendments Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 61 and the name of the registration holder to the Director of Consumer Affairs or the Business Licensing Authority for the purpose of section 93F of the Fair Trading Act 1999.". 109 Residential Tenancies Act 1997 In section 15 of the Residential Tenancies Act 1997— (a) in subsection (1), for "Parts I to IVA of the Landlord and Tenant Act 1958" substitute "Parts IV and IVA of the Landlord and Tenant Act 1958"; (b) in subsection (2), for "and 150" substitute ", 150 and 154A". Division 5—Repeal of amending Act 110 Repeal of amending Act This Act is repealed on 1 January 2012. 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. 109 -- 66 of 74 -- Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 62 SCHEDULE AMENDMENTS TO PROSTITUTION CONTROL ACT 1994 1 In section 1, for "prostitution" substitute "sex work". 2 In section 3(1), in the definition of— (a) approved manager, for "prostitution" substitute "sex work"; (b) brothel, for "prostitution" (wherever occurring) substitute "sex work"; (c) escort agency, for "prostitution" substitute "sex work"; (d) Fund, for "Prostitution Control" substitute "Sex Work Regulation"; (e) licence, for "prostitution" substitute "sex work"; (f) uninvolved relative, for "prostitution" substitute "sex work". 3 In section 3(1), the definition of prostitution is repealed. 4 In section 3(1), the definition of prostitution service provider is repealed. 5 In section 3(1) insert the following definitions— "sex work means the provision by one person to or for another person (whether or not of a different sex) of sexual services in return for payment or reward; sex work service provider means a person carrying on a business of a kind referred to in the definitions in this section of brothel and escort agency;". Sch. -- 67 of 74 -- Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 63 6 In section 4— (a) in paragraph (b), for "prostitution-related" substitute "sex work-related"; (b) in paragraph (c), for "prostitution" substitute "sex work"; (c) in paragraphs (e), (f) and (h), for "prostitutes" substitute "sex workers". 7 Insert the following heading to Part 2— "PART 2—OFFENCES CONNECTED WITH SEX WORK". 8 Insert the following heading to section 5— "Causing or inducing child to take part in sex work". 9 In section 5(1), for "act of prostitution, whether as the prostitute" substitute "act of sex work, whether as the sex worker". 10 In section 6(1), for "prostitution" substitute "sex work". 11 In section 6(3), for "prostitute" substitute "sex worker". 12 Insert the following heading to section 8— "Forcing person into or to remain in sex work". 13 In section 8(1), for "prostitution" substitute "sex work". 14 Insert the following heading to section 9— "Forcing person to provide financial support out of sex work". 15 In section 9(1), for "prostitution" substitute "sex work". Sch. -- 68 of 74 -- Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 64 16 Insert the following heading to section 10— "Living on earnings of sex worker". 17 In section 10, for "prostitution" (wherever occurring) substitute "sex work". 18 Insert the following heading to section 11— "Allowing child to take part in sex work". 19 In section 11(1), for "prostitution, whether as the prostitute" substitute "sex work, whether as the sex worker". 20 In section 11(4)(b), for "prostitution" substitute "sex work". 21 Insert the following heading to section 12— "Street sex work—offences by clients". 22 In section 12— (a) for "prostitute himself" substitute "offer sex work services himself"; (b) for "on behalf of a prostitute" substitute "on behalf of a sex worker". 23 Insert the following heading to section 13— "Street sex work—offences by sex workers". 24 In section 13, for "prostitution" (wherever occurring) substitute "sex work". 25 Insert the following heading to section 14— "Exceptions to street sex work offences". 26 Insert the following heading to section 16— "Offensive behaviour towards sex workers". 27 In section 16, for "prostitute" substitute "sex worker". Sch. -- 69 of 74 -- Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 65 28 Insert the following heading to section 17— "Controls on advertising by sex work service providers". 29 In section 17— (a) for "prostitution" (wherever occurring) substitute "sex work"; (b) for "prostitute" substitute "sex worker". 30 In section 18, for "prostitution" (wherever occurring) substitute "sex work". 31 Insert the following heading to section 19— "Permitting sex worker infected with a disease to work in a brothel etc.". 32 In section 19— (a) for "prostitution" (wherever occurring) substitute "sex work"; (b) for "prostitute" (wherever occurring) substitute "sex worker". 33 Insert the following heading to section 20— "Sex worker working while infected with a disease". 34 In section 20, for "prostitute" (wherever occurring) substitute "sex worker". 35 In section 21, for "prostitution" (wherever occurring) substitute "sex work". 36 In section 21A, for "prostitution" substitute "sex work". 37 Insert the following heading to section 22— "Sex work service providers to be licensed". 38 In section 22, for "prostitution" (wherever occurring) substitute "sex work". Sch. -- 70 of 74 -- Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 66 39 In section 23— (a) for "prostitution" (wherever occurring) substitute "sex work"; (b) for "prostitute" (wherever occurring) substitute "sex worker"; (c) for "prostitutes" substitute "sex workers". 40 In section 25(c), for "prostitution" substitute "sex work". 41 In section 26— (a) in paragraph (a), for "prostitution-related complaints, including complaints from prostitutes" substitute "sex work-related complaints, including complaints from sex workers"; (b) in paragraph (b)(ii), for "prostitution" substitute "sex work". 42 In section 33, for "prostitution" substitute "sex work". 43 In section 37, for "prostitution" (wherever occurring) substitute "sex work". 44 In section 38— (a) in subsection (1), for "prostitution" substitute "sex work"; (b) in subsection (2), for "prostitution service provider only because he or she has worked as a prostitute" substitute "sex work service provider only because he or she has worked as a sex worker". 45 In section 46D, for "prostitution" substitute "sex work". 46 In section 48(3)(e), for "prostitution" substitute "sex work". Sch. -- 71 of 74 -- Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 67 47 In section 49(3), for "prostitution" substitute "sex work". 48 In section 50(1), for "prostitution" substitute "sex work". 49 In section 51, for "prostitution" (wherever occurring) substitute "sex work". 50 In section 52, for "prostitution" (wherever occurring) substitute "sex work". 51 In section 54(3)(c), for "prostitution" substitute "sex work". 52 In section 54A(7), for "prostitution" substitute "sex work". 53 In section 55(1), for "prostitution" (wherever occurring) substitute "sex work". 54 In section 57(1), for "prostitution" substitute "sex work". 55 In section 60, for "prostitution" (wherever occurring) substitute "sex work". 56 In section 61D(1)(a), for "prostitution" substitute "sex work". 57 In section 63, for "prostitution" (wherever occurring) substitute "sex work". 58 In section 64(2)(a)(i)(A), for "prostitution" substitute "sex work". 59 Insert the following heading to section 66— "Sex Work Regulation Fund". 60 In section 66(1), for "Prostitution Control" substitute "Sex Work Regulation". 61 In section 67— (a) for "prostitution" (wherever occurring) substitute "sex work"; Sch. -- 72 of 74 -- Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 68 (b) in subsection (1A)(e), for "prostitutes" substitute "sex workers". 62 In section 68(d), for "prostitution" substitute "sex work". 63 In section 74(1)(d), for "prostitution" substitute "sex work". 64 In section 75, for "prostitution" (wherever occurring) substitute "sex work". 65 In section 77(3)(c)(ii), for "prostitution" substitute "sex work". 66 In section 85A(1), for "prostitution" (wherever occurring) substitute "sex work". 67 In section 88A, for "prostitution" (wherever occurring) substitute "sex work". ═══════════════ Sch. -- 73 of 74 -- Consumer Affairs Legislation Amendment Act 2010 No. 1 of 2010 69 ENDNOTES † Minister's second reading speech— Legislative Assembly: 26 November 2009 Legislative Council: 10 December 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Conveyancers Act 2006, the Estate Agents Act 1980, the Fair Trading Act 1999, the Owners Corporations Act 2006, the Prostitution Control Act 1994, the Sale of Land Act 1962 and the Trade Measurement (Administration) Act 1995, to repeal the Collusive Practices Act 1965, the Fuel Prices Regulation Act 1981, the Marketable Securities Act 1970, the Petroleum Retail Selling Sites Act 1981, the Petroleum Products (Terminal Gate Pricing) Act 2000, the Private Agents Act 1966, the Trade Measurement Act 1995, the Trade Measurement (Administration) Act 1995 and the Utility Meters (Metrological Controls) Act 2002, to repeal provisions of the Landlord and Tenant Act 1958 and re-enact a provision in the Property Law Act 1958, to repeal certain provisions of, and make consequential amendments to, various other Acts and for other purposes." Endnotes -- 74 of 74 --