Treasury Legislation (Miscellaneous Amendments) Act 2005

i Treasury Legislation (Miscellaneous Amendments) Act 2005 Act No. 72/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF FINANCIAL MANAGEMENT ACT 1994 3 3. Transmission of documents to Parliament 3 PART 3—AMENDMENT OF STATE OWNED ENTERPRISES ACT 1992 4 4. Trade Practices Act 1974 of the Commonwealth 4 5. Insertion of new section 86A 4 86A. Competition policy authorisation—VicForests 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 Treasury Legislation (Miscellaneous Amendments) Act 2005 † [Assented to 25 October 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to amend the Financial Management Act 1994— (i) to enable financial reports to be tabled with the budget; Victoria No. 72 of 2005 -- 2 of 7 -- Part 1—Preliminary Treasury Legislation (Miscellaneous Amendments) Act 2005 Act No. 72/2005 2 (ii) to provide requirements for the transmission by the Minister of certain documents to Parliament when neither House of the Parliament is sitting; (b) to amend the State Owned Enterprises Act 1992 to authorise certain activities for the purposes of Part IV of the Trade Practices Act 1974 of the Commonwealth and of the Competition Code. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 3 of 7 -- Part 2—Amendment of Financial Management Act 1994 Treasury Legislation (Miscellaneous Amendments) Act 2005 Act No. 72/2005 3 PART 2—AMENDMENT OF FINANCIAL MANAGEMENT ACT 1994 3. Transmission of documents to Parliament (1) After section 27D(3) of the Financial Management Act 1994 insert— "(3A) Despite sub-section (3), if in any financial year the budget for the following financial year (or, if applicable, the current financial year) is delivered within 30 days after the due date set out in Column 2 of the Table for a document (other than the budget update), the due date for the document is extended so as to allow the document to be transmitted to each House of the Parliament on the day on which the budget is delivered.". (2) In section 27D(5) of the Financial Management Act 1994, for "when the Parliament is in recess" substitute "on a day on which neither House of the Parliament is actually sitting". (3) Section 27D(7) of the Financial Management Act 1994 is repealed. __________________ See: Act No. 18/1994. Reprint No. 5 as at 1 July 2003 and amending Act Nos 43/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 4 of 7 -- Part 3—Amendment of State Owned Enterprises Act 1992 Treasury Legislation (Miscellaneous Amendments) Act 2005 Act No. 72/2005 4 PART 3—AMENDMENT OF STATE OWNED ENTERPRISES ACT 1992 4. Trade Practices Act 1974 of the Commonwealth In section 86 of the State Owned Enterprises Act 1992, for "as amended and in force for the time being" substitute "and the Competition Code". 5. Insertion of new section 86A After section 86 of the State Owned Enterprises Act 1992 insert— '86A. Competition policy authorisation— VicForests (1) For the purposes of Part IV of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, any act or thing done by or in relation to VicForests, or any director or officer on behalf of VicForests, that is specified in sub-section (2) as an act or thing or kind of act or thing to which this section applies, is specifically authorised if the act or thing or kind of act or thing is done with the consent of the Treasurer. (2) This section applies to the following acts or things or kinds of acts or things— (a) tendering or auction processes for the allocation and sale of timber resources; (b) a contract, arrangement or understanding entered into in connection with the allocation or sale of timber resources; (c) giving effect to a contract, arrangement or understanding of the kind referred to in paragraph (b); See: Act No. 90/1992. Reprint No. 3 as at 14 May 1998 and amending Act Nos 74/2000, 24/2001 and 44/2001. LawToday: www.dms. dpc.vic. gov.au s. 4 -- 5 of 7 -- Part 3—Amendment of State Owned Enterprises Act 1992 Treasury Legislation (Miscellaneous Amendments) Act 2005 Act No. 72/2005 5 (d) any thing done in connection with a process, contract, arrangement or understanding of the kind referred to in paragraph (a), (b) or (c). (3) This section does not apply to anything done, or conduct engaged in, on or after 1 July 2015. (4) In this section— "director" means a director of VicForests; "officer" means an officer of VicForests; "VicForests" means the body known as "VicForests" that was established as a State body under section 14 and declared to be a State business corporation under section 17 by Orders in Council dated 28 October 2003 published in the Government Gazette on that day.'. ═══════════════ s. 5 -- 6 of 7 -- Treasury Legislation (Miscellaneous Amendments) Act 2005 Act No. 72/2005 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 September 2005 Legislative Council: 19 October 2005 The long title for the Bill for this Act was "to amend the Financial Management Act 1994 and the State Owned Enterprises Act 1992 and for other purposes." Endnotes -- 7 of 7 --