Statute Law Revision Act 2012

Statute Law Revision Act 2012

No. 43 of 2012

table of provisions

SectionPage

1Purpose

2Commencement

3Amendment of Acts

4Repeal of repealing Act

______

SCHEDULE—Amendment of Acts

1Accident Compensation Act 1985

2Accident Towing Services Act 2007

3Alpine Resorts (Management) Act 1997

4Child Employment Act 2003

5Children, Youth and Families Amendment (Security of Youth Justice Facilities) Act 2011

6Children's Services Amendment Act 2011

7Conservation, Forests and Lands Act 1987

8Corporations (Victoria) Act 1990

9Crimes (Controlled Operations) Act 2004

10Crimes (Mental Impairment and Unfitness to be Tried) Act1997

11Crimes Act 1958

12Domestic Animals Act 1994

13Education and Training Reform Act 2006

14Electricity Safety Act 1998

15Emergency Management Legislation Amendment Act2011

16Environment Protection Act 1970

17Evidence (Miscellaneous Provisions) Act 1958

18Firearms Act 1996

19Food Act 1984

20Freedom of Information Act 1982

21Fundraising Act 1998

22Gambling Regulation Act 2003

23Health Professions Registration Act 2005

24Interpretation of Legislation Act 1984

25Land Act 1958

26Liquor Control Reform Act 1998

27Liquor Control Reform Further Amendment Act2011

28Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010

29Marine Safety Act 2010

30Mineral Resources (Sustainable Development) Act1990

31Motor Car Traders Act 1986

32National Environment Protection Council (Victoria)
Act 1995

33National Gas (Victoria) Act 2008

34National Parks Act 1975

35Offshore Petroleum and Greenhouse Gas Storage Act2010

36Ombudsman Act 1973

37Outworkers (Improved Protection) Act 2003

38Pipelines Act 2005

39Planning and Environment Act 1987

40Prahran Mechanics' Institute Act 1899

41Rail Safety Act 2006

42Residential Tenancies Act 1997

43Resources Legislation Amendment Act 2011

44Road Safety Act 1986

45Road Safety Amendment (Hoon Driving and Other
Matters) Act 2011

46Sentencing Act 1991

47Sentencing Amendment (Community Correction Reform) Act2011

48Sex Offenders Registration Act 2004

49Shop Trading Reform Act 1996

50Small Business Commissioner Act 2003

51Subordinate Legislation Act 1994

52Transport Accident Act 1986

53Transport (Compliance and Miscellaneous) Act1983

54Transport Integration Act 2010

55Transport Legislation Amendment (Public Transport Development Authority) Act 2011

56Victorian Industry Participation Policy Act 2003

57Water Efficiency Labelling and Standards Act 2005

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Endnotes

SectionPage

Victoria

SectionPage

Statute Law Revision Act 2012[†]

No. 43 of 2012

[Assented to 27 June 2012]

Statute Law Revision Act 2012
No. 43 of 2012

The Parliament of Victoriaenacts:

Statute Law Revision Act 2012
No. 43 of 2012

1Purpose

The purpose of this Act is to revise the statute law of Victoria.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on the day after the day on which it receives the Royal Assent.

(2)The following items in the Schedule are taken to have come into operation on the following dates—

(a)item5 on 2 November 2011;

(b) item6 on 31 December 2011;

(d) item17.1 on 17 March 2010;

(e) item27 on 19 February 2012;

(f) item28 on 20 April 2010;

(g) item 43 on 19 October 2011;

(h) item 45.1 on 29 June 2011;

(i) item47.1 on15 January 2012;

(j) item47.3 on 15 January 2012;

(k) item47.4 on 15 January 2012;

(l) item47.5 on 15 January 2012;

(m) item55 on 14 December 2011.

3Amendment of Acts

s. 3

On the commencement of an item in the Schedule, the Act specified in the heading to that item is amended as set out in that item.

4Repeal of repealing Act

This Act is repealed on the first anniversary of the day on which it receives the Royal Assent.

Note

The repeal of this Act does not affect the repeals or the continuing operation of the amendments made by it (seesection 15(1) of the Interpretation of Legislation Act 1984).

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SCHEDULE

Sch.

Section 3

Amendment of Acts

1Accident Compensation Act 1985

1.1 In section 5F(1)(ba), for "so employed." substitute "so employed;".

1.2 In section 7A(5), for '"owner' substitute "owner".

1.3 In section 107A(6)(a), for "Authority" substitute "Authority,".

1.4 In section 135BBA(2)(b) omit "section" (where secondly occurring).

1.5 In section 144(2)(a), for "years." substitute "years;".

2Accident Towing Services Act 2007

In section 3(1)—

(a)the definitions of towing depot manager accreditation and towing operator accreditation are repealed;

(b)insert the following the definitions—

"towing depot manager accreditation means an accreditation under section 57(2);

towing operator accreditation means an accreditation under section 57(1);".

3Alpine Resorts (Management) Act 1997

In section 3, in the definition of VicRoads, for "2004;" substitute"2004.".

4Child Employment Act 2003

4.1 In section 3, in the definition of Department, for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation".

4.2 In section 19A(2)(o), for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation".

5Children, Youth and Families Amendment (Security of Youth Justice Facilities) Act 2011

In section 1, for "Bill" substitute "Act".

6Children's Services Amendment Act 2011

In the Schedule, in item 2.2, for "section 182(f)" substitute "section 182(1)(f)".

7Conservation, Forests and Lands Act 1987

In Schedule 1—

(a)for "Catchment and Land Protection Act 1994" substitute "Catchment and Land Protection Act 1994.";

(b)for "Climate Change Act 2010.."substitute "Climate Change Act 2010.".

8Corporations (Victoria) Act 1990

Sch.

In section 26(b), for "ASC" substitute "ASIC".

9Crimes (Controlled Operations) Act 2004

The headings to Parts 6 and 7 are repealed.

10Crimes (Mental Impairment and Unfitness to be Tried) Act1997

In section 28A(2), for "Attorney-General" substitute "Attorney-General,".

11Crimes Act 1958

11.1 The heading to Subdivision (18) of Division 1 of Part III is repealed.

11.2 In section 464JA(1), in the definition of authorised person, in paragraph (r), for "record." substitute "record;".

12Domestic Animals Act 1994

In section 85(1), in column 2 of the Table, for "63A63D," substitute "63A, 63D,".

13Education and Training Reform Act 2006

In section 3.1.16(1)(aa), before "the chairperson" insert "one is".

14Electricity Safety Act 1998

In section 120C(1)(b), for "a a" substitute "a".

15Emergency Management Legislation Amendment Act2011

In section 32(3), for "19(1)(b)" substitute "19(1)".

16Environment Protection Act 1970

In section 49A, in the definition of adaptation, for "climactic" substitute "climatic".

17Evidence (Miscellaneous Provisions) Act 1958

Sch.

17.1 For section 19B(2) substitute—

"(2)The commissioner presiding at a hearing of a commission may make an order prohibiting the publication of a report of the whole or any part of the proceedings of a hearing or part of a hearing or of any information derived from the hearing or part of it except by, or with the leave of, the commission.".

17.2 The heading to Division 3 of Part II is repealed.

17.3 The note at the foot of the heading to Division 3 of Part II is repealed.

18Firearms Act 1996

In the heading to section 214, for "Orders Intervention" substitute "Intervention Orders".

19Food Act 1984

In section 7A(d), for "councils." substitute "councils;".

20Freedom of Information Act 1982

20.1 In section 23(1)(c), for "images; or" substitute "images;".

20.2 In section 23(1)(d), for "document; or" substitute "document;".

21Fundraising Act 1998

In section 3, in paragraph (j) of the definition of public place, for "access." substitute "access—".

22Gambling Regulation Act 2003

Sch.

22.1 In section 1.3(1), in the definition of pre-commitment mechanism, for 'machine;".'substitute "machine;".

22.2 In section 3.4.38, in the definition of lobbyist, in paragraph (b), for "client." substitute "client;".

22.3 In section 4.3A.3(8), in the definition of prohibited person, in paragraph (e)(ii) for "member;" substitute "member.".

22.4 The heading to Part 1 of Chapter 12 is repealed.

23Health Professions Registration Act 2005

Divisions 2 to 4 of Part 11 of the Health Professions Registration Act 2005are repealed.

24Interpretation of Legislation Act 1984

In section 44(3), for "done, on" substitute "done on,".

25Land Act 1958

25.1 In section 2A—

(a)in the definition of tour operator licence, for "140I." substitute "140I;";

(b)in the definition of Traditional Owner Land Management Board, for "1987;" substitute "1987.".

25.2 Insert the following heading to section 188A—

"Magistrates' Court may order removal of buildings etc.".

26Liquor Control Reform Act 1998

In section 148T(a), for "1958 or;" substitute "1958; or".

27Liquor Control Reform Further Amendment Act2011

Sch.

In section 14(1), for "22(ca)" substitute "22(1)(ca)".

28Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010

In section 4(2)(a), for "paragraph (c)" substitute "paragraphs (c)".

29Marine Safety Act 2010

29.1 In section 389A(1) omit "61A".

29.2 In section 389C(1) omit "61BA".

30Mineral Resources (Sustainable Development) Act1990

In section 14(4), for "resource.."substitute "resource.".

31Motor Car Traders Act 1986

In section 76(4B), for 'sold.".' substitute "sold.".

32National Environment Protection Council (Victoria) Act 1995

In section 13(g), for "Association." substitute "Association".

33National Gas (Victoria) Act 2008

In section 3(1), in the definition of South Australian Act, for "Australia." substitute "Australia;".

34National Parks Act 1975

34.1 Insert the following heading to section 29—

"Wilsons Promontory National Park".

34.2 In section 29(1), for "Wilson's" substitute "Wilsons".

34.3 In section 37A(5)(a)(i), for "Wilson's" substitute "Wilsons".

34.4 In Part 20 in Schedule Five, for "Wilson's" substitute "Wilsons".

35Offshore Petroleum and Greenhouse Gas Storage Act2010

Sch.

35.1 In section 402(3)(a), for "this section" substitute "section 401".

35.2 In section 407(3)(a), for "this section" substitute "section 406".

36Ombudsman Act 1973

In section 13(3)(d), for "1994; or" substitute "1994;".

37Outworkers (Improved Protection) Act 2003

In section 3, in the definition of Department, for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation".

38Pipelines Act 2005

In the headings to sections 13 and 52, for "adjacent" substitute "offshore".

39Planning and Environment Act 1987

In Part 4 of Schedule 1, in the example at the foot of clause 4(1)—

(a)for "threshold amount" (where first occurring) substitute "maximum adjusted contribution";

(b)for ' "PTA" is the threshold' substitute '"PC" is the adjusted contribution'.

40Prahran Mechanics' Institute Act 1899

In section 14, for "the the" substitute "the".

41Rail Safety Act 2006

Sch.

In section 28(1), for "the rail operator carries out" substitute "the accredited rail operator carries out".

42Residential Tenancies Act 1997

42.1 In section 3(1), in the definition of unregistrable movable dwelling, in paragraph (c), for "dwelling." substitute "dwelling;".

42.2 In section 439M(2)(d), for "section 439H(2); or" substitute "section 439H(2).".

43Resources Legislation Amendment Act 2011

In section 6, for "exploration and mining" (where twice occurring) substitute "exploration or mining".

44Road Safety Act 1986

44.1 In section 84C(1), in the definition of Road Rules, for "2009" substitute "2009;".

44.2 In section 90C(3), for "Commonwealth." substitute "Commonwealth".

45Road Safety Amendment (Hoon Driving and Other Matters) Act 2011

45.1 In section 20, for "section 103ZC" substitute "section 103ZB".

45.2 In the note at the foot of section 24, for "984" substitute "1984".

46Sentencing Act 1991

46.1 In section 8J, in the definition of dentist, in paragraph (a)(i), for "student) and;" substitute "student); and".

46.2 In section 143(1), in the definition of old serious suspended sentence order, for "commencement." substitute "commencement;".

46.3 In clause 7(2) of Schedule 3, after "section 12 of" insert "the".

46.4 In clause 9(2) of Schedule 3, after "section 15 of" insert "the".

46.5 In clause 10(2) of Schedule 3, after "section 21 of" insert "the".

47Sentencing Amendment (Community Correction Reform) Act2011

Sch.

47.1 In section 68, for "section 115A" substitute "section 115".

47.2 In section 69, in proposed new section 115D(3) of the Sentencing Act 1991, for "Secretary" (where twice occurring) substitute "the Secretary".

47.3 In the Schedule, in item 4.5, for "268(1)" substitute "268(1)(b)".

47.4 In the Schedule, in item 6.2, for "for the definition" substitute "in the definition".

47.5 In the Schedule, in item 11.2, for "for the definition" substitute "in the definition".

48Sex Offenders Registration Act 2004

In section 70J(1)(b), for "2005; or" substitute "2005.".

49Shop Trading Reform Act 1996

After section 11, the heading "SCHEDULES" is repealed.

50Small Business Commissioner Act 2003

In section 5(5) and (6), for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation".

51Subordinate Legislation Act 1994

In section 16A(1), for "subsections (2) and (3)" substitute "subsection (2)".

52Transport Accident Act 1986

Sch.

In section 40(2)(b), after "under" (where first occurring) insert "section".

53Transport (Compliance and Miscellaneous) Act1983

In section 309(1)(b) omit "taken".

54Transport Integration Act 2010

In section 251(1)(a), for "property rights" substitute "property, rights".

55Transport Legislation Amendment (Public Transport Development Authority) Act 2011

In section 4, for "After Part 9" substitute
"After Part 8".

56Victorian Industry Participation Policy Act 2003

56.1 In section 3(1), in the definition of Department, for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation".

56.2 In section 3(2), for "Department of Innovation, Industry and Regional Development" substitute "Department of Business and Innovation".

57Water Efficiency Labelling and Standards Act 2005

Sch.

In section 7(1), in the definition of Commonwealth Act, for "2004" substitute "2005".

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Statute Law Revision Act 2012
No. 43 of 2012

Endnotes

[†] Minister's second reading speech—

Legislative Council: 1 March 2012

Legislative Assembly: 6 June 2012

The long title for the Bill for this Act was "A Bill for an Act to revise the statute law of Victoria."