Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009

i Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—AMENDMENTS TO THE AUSTRALIAN GRANDS PRIX ACT 1994 3 3 Regulations 3 4 New section 52 inserted 3 52 Transitional provision—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 3 PART 3—AMENDMENTS TO EDUCATION AND TRAINING REFORM ACT 2006 4 5 Saving of rights of persons holding Government office 4 6 New section 2.4.53A inserted 5 2.4.53A Review of Secretary's decision not to re-employ 5 PART 4—AMENDMENTS TO FAIR TRADING ACT 1999 6 7 Representations as to future matters 6 8 False testimonials 6 9 New clause inserted in Schedule 3 7 15 Transitional—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 7 PART 5—AMENDMENTS TO FORESTS ACT 1958 8 10 Protected trees in protected forests 8 11 Penalty for cutting reserved trees 8 12 New section 103 inserted 8 103 Transitional provision—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 8 -- 1 of 17 -- Section Page ii PART 6—AMENDMENTS TO PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT ACT 1994 10 13 Information to be confidential 10 PART 7—AMENDMENTS TO TRANSPORT ACT 1983 11 14 Direction to provide reasonable assistance 11 15 Direction to state name and address 11 16 New Division 8 of Part VIII inserted 11 Division 8—Transitional provisions—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 11 275 Transitional provision—direction to provide reasonable assistance 12 276 Transitional provision—direction to state name and address 12 PART 8—AMENDMENTS TO VICTORIAN URBAN DEVELOPMENT AUTHORITY ACT 2003 13 17 Information to be confidential 13 PART 9—REPEAL OF AMENDING ACT 14 18 Repeal of amending Act 14 ═══════════════ ENDNOTES 15 -- 2 of 17 -- 1 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 † No. 45 of 2009 [Assented to 5 August 2009] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The main purpose of this Act is to make amendments to various Acts to ensure compatibility with the Charter of Human Rights and Responsibilities. Victoria -- 3 of 17 -- Part 1—Preliminary Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 2 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 4 of 17 -- Part 2—Amendments to the Australian Grands Prix Act 1994 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 3 PART 2—AMENDMENTS TO THE AUSTRALIAN GRANDS PRIX ACT 1994 3 Regulations In sections 51(5)(a) and 51(5)(b) of the Australian Grands Prix Act 1994 for "proof" substitute "evidence". 4 New section 52 inserted After section 51 of the Australian Grands Prix Act 1994 insert— "52 Transitional provision—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 Despite the commencement of section 3 of the Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, section 51(5) as in force immediately before that commencement continues to apply to any proceedings in respect of an offence that were commenced but not completed before that commencement.". __________________ s. 3 See: Act No. 68/1994. Reprint No. 3 as at 16 February 2006 and amending Act Nos 32/2006, 80/2006, 85/2006 and 46/2008. LawToday: www. legislation. vic.gov.au -- 5 of 17 -- Part 3—Amendments to Education and Training Reform Act 2006 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 4 PART 3—AMENDMENTS TO EDUCATION AND TRAINING REFORM ACT 2006 5 Saving of rights of persons holding Government office (1) In section 2.4.31(2) of the Education and Training Reform Act 2006, for "under the age of 65 years" substitute "who satisfies the criteria set out in subsection (2A)". (2) After section 2.4.31(2) of the Education and Training Reform Act 2006 insert— "(2A) For the purposes of subsection (2), the criteria for a person to be entitled to be re-employed are as follows— (a) if the person was employed as a teacher immediately before the person's employment to an office of a type specified by Ministerial Order, the person satisfies the eligibility criteria set out in the Ministerial Order referred to in section 2.4.7(1); (b) if the person was not employed as a teacher immediately before the person's employment to an office of a type specified by Ministerial Order, the person satisfies the criteria set out in a Ministerial Order made under section 5.10.4 for or with respect to a matter referred to in item 8 of Schedule 6; (c) the person has not, at any time, in Victoria or elsewhere, been convicted or found guilty of a sexual offence; (d) if the person is to be re-employed as a teacher, the person is registered under Part 2.6.". s. 5 See: Act No. 24/2006. Reprint No. 1 as at 14 July 2008 and amending Act Nos 12/2008, 62/2008, 70/2008 and 4/2009. LawToday: www. legislation. vic.gov.au -- 6 of 17 -- Part 3—Amendments to Education and Training Reform Act 2006 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 5 (3) After section 2.4.31(3) of the Education and Training Reform Act 2006 insert— "(4) A person may apply to a Merit Protection Board for a review of a decision by the Secretary to refuse to re-employ the person to an on-going position in the teaching service if— (a) the person is not a member of the teaching service; and (b) the grounds for the refusal are that the person does not possess the qualifications or experience required by a Ministerial Order necessary for re- employment to an on-going position in the teaching service.". 6 New section 2.4.53A inserted After section 2.4.53 of the Education and Training Reform Act 2006 insert— "2.4.53A Review of Secretary's decision not to re-employ (1) If a Merit Protection Board receives an application under section 2.4.31(4), it must subject to and in accordance with the regulations inquire into and determine the claim of the applicant. (2) If the Board is satisfied that the grounds for review are established, it may make an order requiring the Secretary to reconsider the decision not to re-employ the applicant to an on-going position in the teaching service.". __________________ s. 6 -- 7 of 17 -- Part 4—Amendments to Fair Trading Act 1999 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 6 PART 4—AMENDMENTS TO FAIR TRADING ACT 1999 7 Representations as to future matters (1) In section 4(2) of the Fair Trading Act 1999— (a) for "In" substitute "Subject to subsection (2A), in"; (b) for "he or she" substitute "the person". (2) After section 4(2) of the Fair Trading Act 1999 insert— "(2A) In any proceeding for an offence under this Act concerning a representation made by a natural person about a future matter, the person making the representation is taken not to have had reasonable grounds for making the representation unless the person adduces evidence to the contrary.". 8 False testimonials (1) In section 14(2) of the Fair Trading Act 1999, after "proceedings" insert "against a body corporate". (2) After section 14(2) of the Fair Trading Act 1999 insert— "(3) In any proceedings against a natural person for an offence against this section in respect of a representation that is alleged to be false or misleading in any particular, a representation made by the defendant is taken to be false or misleading in that particular unless the defendant adduces evidence to the contrary.". s. 7 See: Act No. 16/1999. Reprint No. 3 as at 23 February 2007 and amending Act Nos 69/2006, 75/2006, 77/2006, 17/2007, 2/2008, 6/2008, 12/2008 and 2/2009. LawToday: www. legislation. vic.gov.au -- 8 of 17 -- Part 4—Amendments to Fair Trading Act 1999 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 7 9 New clause inserted in Schedule 3 At the end of Schedule 3 to the Fair Trading Act 1999 insert— "15 Transitional—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 (1) Despite the commencement of section 7 of the Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, section 4(2) as in force immediately before that commencement continues to apply to proceedings for an offence that were commenced under section 4 but not completed before that commencement. (2) Despite the commencement of section 8 of the Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, section 14(2) as in force immediately before that commencement continues to apply to proceedings commenced under section 14 but not completed before that commencement.". __________________ s. 9 -- 9 of 17 -- Part 5—Amendments to Forests Act 1958 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 8 PART 5—AMENDMENTS TO FORESTS ACT 1958 10 Protected trees in protected forests Section 59(3) of the Forests Act 1958 is repealed. 11 Penalty for cutting reserved trees In section 61 of the Forests Act 1958 omit— "In any proceedings for a contravention of this section any tree or kind or class of trees in respect of which such contravention is alleged to have taken place shall be deemed to be (as the case may be) a reserved tree or a reserved kind or class of tree until the contrary is shown.". 12 New section 103 inserted After section 102 of the Forests Act 1958 insert— "103 Transitional provision—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 The amendments made to sections 59 and 61 by Part 5 of the Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, only apply to proceedings for an offence that are s. 10 See: Act No. 6254. Reprint No. 9 as at 18 May 2006 and amending Act Nos 60/2005, 24/2006, 63/2006, 58/2007 and 54/2008 LawToday: www. legislation. vic.gov.au -- 10 of 17 -- Part 5—Amendments to Forests Act 1958 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 9 commenced after the commencement of that Part 5.". __________________ s. 12 -- 11 of 17 -- Part 6—Amendments to Project Development and Construction Management Act 1994 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 10 PART 6—AMENDMENTS TO PROJECT DEVELOPMENT AND CONSTRUCTION MANAGEMENT ACT 1994 13 Information to be confidential (1) In section 43 of the Project Development and Construction Management Act 1994 for "gained because of that connection with the project" substitute "that was obtained by the person in confidence". (2) In section 43(d) of the Project Development and Construction Management Act 1994, for "Act." substitute "Act; or". (3) After section 43(d) of the Project Development and Construction Management Act 1994 insert— "(e) if the information is already in the public domain, other than as a result of a contravention of this Act.". (4) At the end of section 43 of the Project Development and Construction Management Act 1994 insert— "(2) For the purposes of subsection (1), a reference to information obtained in confidence includes a reference to information obtained by the person in circumstances in which the person knew or ought reasonably to have known the information was confidential.". __________________ s. 13 See: Act No. 101/1994. Reprint No. 3 as at 1 January 2001 and amending Act Nos 57/2001, 16/2003 and 108/2004. LawToday: www. legislation. vic.gov.au -- 12 of 17 -- Part 7—Amendments to Transport Act 1983 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 11 PART 7—AMENDMENTS TO TRANSPORT ACT 1983 14 Direction to provide reasonable assistance For section 228ZL(4) of the Transport Act 1983 substitute— "(4) In proceedings for an offence against subsection (3), it is a reasonable excuse if the direction was unreasonable. (5) In proceedings for an offence against subsection (3) it is a defence if the person charged proves on the balance of probabilities that the direction or its subject- matter was outside the scope of the business or other activities of the person.". 15 Direction to state name and address In section 228ZN(4) of the Transport Act 1983, for "person charged establishes that the person did not have a business address or that" substitute "person charged did not have a business address or". 16 New Division 8 of Part VIII inserted After Division 7 of Part VIII of the Transport Act 1983 insert— "Division 8—Transitional provisions—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 s. 14 See: Act No. 9921. Reprint No. 13 as at 2 January 2008 and amending Act Nos 95/2005, 9/2006, 71/2006, 30/2007, 59/2007, 69/2007, 4/2008, 44/2008 and 85/2008. LawToday: www. legislation. vic.gov.au -- 13 of 17 -- Part 7—Amendments to Transport Act 1983 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 12 275 Transitional provision—direction to provide reasonable assistance Despite the commencement of section 14 of the Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, section 228ZL(4) as in force immediately before that commencement continues to apply to proceedings for an offence against section 228ZL commenced but not completed before that commencement. 276 Transitional provision—direction to state name and address Despite the commencement of section 15 of the Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, section 228ZN(4) as in force immediately before that commencement continues to apply to proceedings for an offence against section 228ZN commenced but not completed before that commencement.". __________________ s. 16 -- 14 of 17 -- Part 8—Amendments to Victorian Urban Development Authority Act 2003 Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 13 PART 8—AMENDMENTS TO VICTORIAN URBAN DEVELOPMENT AUTHORITY ACT 2003 17 Information to be confidential (1) In section 72 of the Victorian Urban Development Authority Act 2003 for "gained because of that connection with the Authority" substitute ", relating to the Authority or the Authority's functions and powers, that was obtained by the person in confidence". (2) In section 72(d) of the Victorian Urban Development Authority Act 2003, for "1991." substitute "1991; or". (3) After section 72(d) of the Victorian Urban Development Authority Act 2003 insert— "(e) if the information is already in the public domain, other than as a result of a contravention of this Act.". (4) At the end of section 72 of the Victorian Urban Development Authority Act 2003 insert— "(2) For the purposes of subsection (1), a reference to information obtained in confidence includes a reference to information obtained by the person in circumstances in which the person knew or ought reasonably to have known the information was confidential.". __________________ s. 17 See: Act No. 59/2003. Reprint No. 1 as at 9 February 2007 and amending Act Nos 28/2007 and 4/2008 LawToday: www. legislation. vic.gov.au -- 15 of 17 -- Part 9—Repeal of Amending Act Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 14 PART 9—REPEAL OF AMENDING ACT 18 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 18 -- 16 of 17 -- Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 No. 45 of 2009 15 ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 March 2009 Legislative Council: 25 June 2009 The long title for the Bill for this Act was "A Bill for an Act to make amendments to various Acts to ensure compatibility with the Charter of Human Rights and Responsibilities and for other purposes." Endnotes -- 17 of 17 --