Council of Law Reporting in Victoria Act 1967

Version No. 020

Council of Law Reporting in Victoria Act 1967

Act No. 7569/1967

Version incorporating amendments as at 16 September 1999

table of provisions

SectionPage

1

SectionPage

1.Short title

2.Definitions

3.Incorporation of the Council of Law Reporting in Victoria

4.Vesting of property in Council

5.Constitution of Council

6.Members appointed for five years

7.Vacation of office

8.Chairman and conduct of meetings

9.Appointment of officers

10.Functions of Council

11.Payment of expenses of members

12.Investment of funds

13.Expenditure on ancillary functions

═══════════════

endNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

1

Version No. 020

Council of Law Reporting in Victoria Act 1967

Act No. 7569/1967

Version incorporating amendments as at 16 September 1999

An Act to provide for the Incorporation of the Council of Law Reporting in Victoria.

1

Act No. 7569/1967

Council of Law Reporting in Victoria Act 1967

Preamble

WHEREAS the Council of Law Reporting in Victoria is an unincorporated association formed to promote the publication of reports of cases decided in the Supreme Court and other courts and to publish or arrange for the publication of the Victorian Reports:

AND WHEREAS it is desirable that the Council should be incorporated:

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1.Short title

This Act may be cited as the Council of Law Reporting in Victoria Act 1967.

2.Definitions

In this Act unless the context otherwise requires—

S. 2 def. of "Chairman" inserted by No. 9778 s.2(1).

"Chairman" means Chairman of the Council and includes a person acting as Chairman;

"Chief Justice" means the Chief Justice of the Supreme Court;

"Council" means the Council of Law Reporting in Victoria incorporated by this Act;

"existing Council" means the Council of Law Reporting in Victoria as existing immediately before the commencement of this Act;

S. 2 def. of "Law Institute" repealed by No. 35/1996
s. 453(Sch. 1 item 14.1(a)).

*****

"member" means member of the Council;

S. 2 def. of "RPA" inserted by No. 35/1996
s. 453(Sch. 1 item 14.1(b)).

"RPA" has the same meaning as in the Legal Practice Act 1996;

S. 2 def. of "Victorian Bar Council" repealed by No. 35/1996
s. 453(Sch. 1 item 14.1(a)).

*****

3.Incorporation of the Council of Law Reporting in Victoria

s. 3

The Council shall be a body corporate by the name of "The Council of Law Reporting in Victoria" having perpetual succession and a common seal and capable of holding and disposing of property of suing and being sued and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.

4.Vesting of property in Council

s. 4

(1)On the commencement of this Act all property vested in any person or persons in the name or on behalf of the existing Council shall be deemed to be transferred to and vested in the Council without the necessity of any assignment transfer or other assurance but subject to all liabilities charges obligations or trusts affecting that property and all contracts debts liabilities and obligations of the members of the existing Council or any of them in their capacity as such members shall become contracts debts liabilities and obligations of the Council.

(2)All members and former members of the existing Council are hereby declared to be released and discharged from all liability and responsibility whatsoever in respect of any property contract debt liability or obligation hereby transferred to or imposed on the Council.

(3)No stamp duty under the Stamps Act 1958 shall be payable in respect of the transfer to the Council of any property in accordance with this section.

5.Constitution of Council

(1)The Council shall consist of—

(a)a judge of the Supreme Court who shall be appointed by the Chief Justice as chairman of the Council;

(b)the Attorney-General; the Solicitor-General and the Librarian of the Supreme Court who shall be members ex officio;

S. 5(1)(c) substituted by No. 35/1996
s. 453(Sch. 1 item 14.2(a)).

(c)one member appointed by each RPA;

S. 5(1)(d) repealed by No. 35/1996
s. 453(Sch. 1 item 14.2(b)).

*****

S. 5(1A) inserted by No. 9778 s.2(2).

(1A)Where—

(a)there is a vacancy in the office of Chairman; or

(b)the Chairman is or is about to be absent or for any reason unable to perform the functions of his office—

s. 5

the Chief Justice may appoint a judge of the Supreme Court or a member of the Council to act as the Chairman until the filling of the vacancy or during the absence or inability.

S. 5(2) substituted by No. 35/1996
s. 453(Sch. 1 item 14.3).

(2)Despite anything to the contrary in this section, the members holding office under sub-section (1)(c) and (d) as in force immediately before the commencement of section 453 of the Legal Practice Act 1996 continue in office, subject to this Act, until the expiry of their current term of office.

(3)The Attorney-General and Solicitor-General may respectively nominate persons to represent them at any meeting of the Council and a person while so representing either of them shall be deemed to be a member of the Council.

(4)The powers of the Council or the validity of its acts shall not be affected by any vacancy in the membership thereof or by any defect or irregularity in the appointment or qualification of any member.

6.Members appointed for five years

s. 6

(1)A member other than an ex officio member shall be appointed for a term not exceeding five years and shall on the expiration of that term be eligible for re-appointment.

(2)Notwithstanding anything in the foregoing provisions of this section every member of the Council shall, unless he sooner vacates his office in accordance with the next succeeding section continue in office notwithstanding that the term for which he was appointed may have expired until his successor is appointed.

S. 7
amended by No. 35/1996
s. 453(Sch. 1 item 14.4).

7.Vacation of office

The office of an appointed member shall become vacant if the member—

(a)dies;

(b)resigns his office by writing under his hand addressed to the Chairman of the Council; or

(c)is removed from office by the Chief Justice or RPA by whom or which he was appointed.

8.Chairman and conduct of meetings

(1)The Chairman shall preside at all meetings at which he is present.

(2)In the absence of the Chairman from any meeting of the Council the members present shall elect one of their number to be the Chairman for the purposes of that meeting.

(3)At any meeting of the Council three members shall form a quorum.

(4)Every question before the Council shall be decided by a majority of the votes of the members present at a meeting of the Council and the Chairman shall have a deliberative vote and in the case of an equality of votes shall also have a casting vote.

(5)Subject to this section the Council shall govern its own procedure.

9.Appointment of officers

s. 9

The Council may from time to time for such period and on such other terms and conditions as it thinks fit appoint a Secretary a registrar and such officers and employés as it deems necessary for the efficient discharge of its functions under this Act.

10.Functions of Council

(1)The Council may prepare publish and sell or arrange for the preparation publication and sale of reports of judicial decisions of any court in Victoria.

(2)The Council may if it thinks fit—

(a)prepare publish and sell or arrange for the preparation publication and sale of any other legal works and may on such terms as it thinks fit buy and sell copies of law reports or other legal publications; and

(b)on such terms as may be mutually agreed upon purchase the business of any person firm or company engaged in the preparation publication or sale in Victoria of any series of law reports (to the extent to which such business relates to the preparation publication or sale of such reports) and may as it thinks fit discontinue any such business or continue it wholly or in part.

S. 10(3) amended by No. 9778 s.3(1)(2).

(3)It shall not be lawful after the commencement of this Act for any person firm or company other than the Council to commence the publication or to publish the whole or any part of any reports of judicial decisions of any court in Victoria (either separately or in conjunction with reports of any other judicial decisions) except with the consent of the Council unless the publication—

(a)is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical; or

(b)is for the purpose of, or is associated with, the reporting of news by means of broadcasting or in a cinematograph film.

S. 10(4) inserted by No. 9778 s.3(3).

(4)In this section—

"publish" includes include in a computerized data bank;

"publication" includes inclusion in a computerized data bank.

11.Payment of expenses of members

s. 11

The Council may out of its funds pay to any member the travelling and other expenses reasonably incurred by such member in attending any meeting of the Council or otherwise in connexion with the business of the Council.

12.Investment of funds

Any moneys belonging to the Council that are not immediately required for expenditure by the Council may be invested in any manner in which trustees are for the time being authorized to invest trust funds.

13.Expenditure on ancillary functions

s. 13

Nothing in the foregoing provisions of this Act shall be construed to restrict the power of the Council to expend any moneys belonging to the Council for any purpose that in its opinion is ancillary to the principal functions of the Council as defined in section 10.

═══════════════

endNOTES

Endnotes

1.General Information

The Council of Law Reporting in Victoria Act 1967 was assented to on 8November 1967 and came into operation on 8 November 1967.

2.Table of Amendments

This Version incorporates amendments made to the Council of Law Reporting in Victoria Act 1967 by Acts and subordinate instruments.

Endnotes

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Council of Law Reporting in Victoria Act 1982, No. 9778/1982

Legal Practice Act 1996, No. 35/1996

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3.Explanatory Details

Endnotes

No entries at date of publication.

1