Consumer Affairs Legislation Amendment Act 2013

Consumer Affairs Legislation Amendment Act 2013

No. of 2013

table of provisions

ClausePage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment to Schedule 4 to the Associations INcorporation Reform Act 2012

3Transitional provisions—Public officer of an incorporated association

Part 3—Other Amendments to the Associations Incorporation Reform Act 2012

4Application for incorporation

5Trust property

Part 4—Amendments to the Australian
Consumer Law and Fair Trading Act 2012

6Definition of high value amended

7New section 12A inserted

12ACertain instruments are not legislative instruments
under Subordinate Legislation Act1994

Part 5—Amendment to the Co-operatives
National Law Application Act2013

8New section 28A inserted

28AModel rules for co-operatives in respect of which a government guarantee exists

Part 6—Amendments to the Estate Agents
Act1980

9Act not to apply to Government Departments etc.

10Eligibility for employment as an agent's representative

Part 7—Amendment to the Interpretation of Legislation Act1984

11References to Australian Consumer Law

12New section 38K inserted

38KReferences to Co-operatives National Law

Part 8—Amendments to the Residential
Tenancies Act1997

13Notice by owner of building or other person who is not
rooming house owner

14Notice of no effect

15Form of notice to vacate

16Order of Tribunal

17Contents of possession order

Part 9—Repeal of Amending Act

18Repeal

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Endnotes

ClausePage

Consumer Affairs Legislation Amendment Act 2013[†]

No. of 2013

[Assented to ]

Consumer Affairs Legislation Amendment Act 2013

The Parliament of Victoriaenacts:

Part 9—Repeal of Amending Act

Consumer Affairs Legislation Amendment Act 2013
No. of 2013

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Associations Incorporation Reform Act 2012 to—

(i) clarify that the public officer of an incorporated association to which clause 9(1) of Schedule 4 to that Act applies need not be appointed under the rules referred to in that clause; and

(ii)correct internal cross references elsewhere in that Act;

(b)to amend the Australian Consumer Law and Fair Trading Act 2012 to—

(i) increase the defined minimum value of a high value motor vehicle for the purposes of the disposal of uncollected motor vehicles; and

(ii)specify that certain instruments under the Australian Consumer Law (Victoria) are not legislative instruments for the purposes of the Subordinate Legislation Act 1994;

s. 1

(c)to amend the Co-operatives National Law Application Act 2013 to provide that regulations made under that Act may prescribe model rules for co-operatives in respect of which a government guarantee exists;

(d)to amend the Estate Agents Act 1980 to—

(i) update certain references to government entities in section 5 of that Act; and

(ii)includeCrimTrac as an agency that can provide a certificate in relation to a person's criminal record for the purposes of the appointment of the person as an estate agent's representative;

(e)to amend the Interpretation ofLegislation Act 1984—

(i) to include a definition of Cooperatives National Law (Victoria); and

(ii)in relation to references to the Australian Consumer Law;

(f)to amend the Residential Tenancies Act 1997 to—

(i) clarify the operation of the notice requirements under section 289A of that Act; and

(ii)provide that certain requirements applying to a notice to vacate under section 317ZF of that Act (in relation toa fixed term site agreement) apply also to a notice to vacate under section317ZG of that Act (in relation to a periodic site agreement).

2Commencement

s. 2

(1)Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2)Part 2 is taken to have come into operation on 26November 2012.

(3)The remaining provisions of this Act come into operation on the day after the day on which it receives the Royal Assent.

______

Part 2—Amendment to Schedule 4 to the Associations Incorporation Reform Act 2012

3Transitional provisions—Public officer of an incorporated association

s. 3

See:
Act No.
20/2012
and amending
Act Nos
21/2012 and 9/2013.
LawToday:
www.
legislation.
vic.gov.au

In Schedule 4 to the Associations Incorporation Reform Act 2012, in clause 9(1) omit "under those rules".

______

Part 3—Other Amendments to the Associations Incorporation Reform Act 2012

4Application for incorporation

s. 4

In the note at the foot of section 6(4) of the Associations Incorporation Reform Act 2012 for "subsection (3)(a)(i)" substitute "subsection(4)(a)(i)".

5Trust property

In section 31(4) of the Associations Incorporation Reform Act 2012 for "Subsection(4)" substitute "Subsection (3)".

______

Part 4—Amendments to the Australian Consumer Law and Fair Trading Act 2012

6Definition of high value amended

s. 6

See:
Act No.
21/2012
and amending
Act Nos
21/2012, 81/2012 and 9/2013.
LawToday:
www.
legislation.
vic.gov.au

In section 3(1) of the Australian Consumer Law and Fair Trading Act 2012, in paragraph (a) of the definition of high value, for "$200" substitute "$1000".

7New section 12A inserted

After section 12 of the Australian Consumer Law and Fair Trading Act 2012 insert—

"12A Certain instruments are not legislative instruments under Subordinate Legislation Act1994

The following instruments made under the Australian Consumer Law (Victoria) are not legislative instruments for the purposes of the Subordinate Legislation Act 1994—

(a)a safety standard published under section104(1);

(b)a safety standard declared under section105(1);

(c)an interim ban on consumer goods published under section 109(1);

(d)an interim ban on product related services published under section109(2);

(e)a notice of extension of an interim ban period under section 111(2);

(f)a notice of extension of an interim ban period under section 111(4);

(g)a notice of further extension of an interim ban period under section111(6);

(h)anotice of revocation of an interim ban published under section 113;

(i) a permanent ban on consumer goods published under section 114(1);

(j)a permanent ban on product related services published under section114(2);

(k)anotice of revocation of a permanent ban published under section 117;

(l)a recall notice published under section122(1);

(m)an information standard published under section 134(1);

s. 7

(n) an information standard declared under section135(1).".

______

Part 5—Amendment to the Co-operatives National Law Application Act2013

8New section 28A inserted

s. 8

See:
Act No.
9/2013.
Statute Book:
www.
legislation.
vic.gov.au

After section 28 of the Co-operatives National Law Application Act 2013 insert—

"28A Model rules for co-operatives in respect of which a government guarantee exists

(1) The model rules of government guarantee cooperatives (the local model rules) are the model rules prescribed under the Cooperatives National Law (Victoria) for non-distributing co-operatives with share capital subject to the modifications prescribed by the local regulations for the purposes of this section.

(2) The Co-operatives National Law (Victoria) applies to the local model rules as if they were model rules to which section 64 of that Law refers except that in section66 of that Law a reference to the amendment of model rules is to be read as including a reference to any amendment to the local model rules made by the local regulations.

(3) In this section—

government guarantee co-operative means a cooperative in respect of which a government guarantee exists under Division6 of Part 3 of the Cooperatives Act1996;

Note

The operation of Division 6 of Part 3 of the Cooperatives Act 1996 is preserved by virtue of section 37.".

______

Part 6—Amendments to the Estate Agents Act1980

9Act not to apply to Government Departments etc.

s. 9

See:
Act No.
9428.
Reprint No. 11
as at
1 April 2011
and amending
Act Nos
63/2010, 36/2011, 21/2012 and 19/2013.
LawToday:
www.
legislation.
vic.gov.au

In section 5(1)(b) of the Estate Agents Act 1980—

(a) for "Housing the Rural Water Corporation" substitute "Housing, the Rural Water Corporation,";

(b) for "Secretary to the Department of Natural Resources and Environment" substitute "Secretary referred to in section 6 of the Conservation, Forests and Lands Act 1987";

(c) for "Corporation the State Electricity Commission of Victoria" substitute "Corporation, the State Electricity Commission of Victoria,".

10Eligibility for employment as an agent's representative

(1)In section 16(4)(a)(i) of the Estate Agents Act 1980, after "Police" insert "or CrimTrac".

(2)In section 16(8) of the Estate Agents Act 1980—

(a)in paragraph (a) omit "or (4)(a)(ii)";

(b)in paragraph (b), after "Police" insert
"or CrimTrac".

(3)After section 16(8) of the Estate Agents Act 1980 insert—

"(9)In this section, CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999 of the Commonwealth.".

______

Part 7—Amendment to the Interpretation of Legislation Act1984

11References to Australian Consumer Law

s. 11

See:
Act No.
10096.
Reprint No. 11
as at
17 January 2013
and amending
Act Nos
7/2013, 22/2013,
30/2013 and
36/2013.
LawToday:
www.
legislation.
vic.gov.au

In section 38F of the Interpretation of Legislation Act 1984 for "subordinate legislation" substitute "subordinate instrument".

12New section 38K inserted

Before section 39 of the Interpretation of Legislation Act 1984 insert—

"38K References to Co-operatives National Law

In an Act or subordinate instrument—

Co-operatives National Law (Victoria) means the provisions applying because of section 4(1) of the Co-operatives National Law Application Act 2013.".

______

Part 8—Amendments to the Residential Tenancies Act1997

13Notice by owner of building or other person who is not rooming house owner

s. 13

See:
Act No.
109/1997.
Reprint No. 7
as at
14 November 2012
and amending
Act Nos
47/2012 and 56/2012.
LawToday:
www.
legislation.
vic.gov.au

(1)In section 289A(2) of the Residential Tenancies Act 1997, for "If this section applies, notice to vacate may" substitute "Subject to subsection (2A), if this section applies notice to vacate must".

(2)After section 289A(2) of the Residential Tenancies Act 1997 insert—

"(2A) Notice to vacate does not have to be given under subsection (2) if either of the following intends to directly operate the premises as a rooming house following any termination or abandonment under subsection (1)—

(a)the owner of the building; or

(b)the lessee of the building who is not the rooming house owner.".

14Notice of no effect

In section 317ZH(1) of the Residential Tenancies Act 1997, after "section 317ZF" insert "or317ZG".

15Form of notice to vacate

In section 319(d) of the Residential Tenancies Act 1997, for "or 317ZF" substitute ", 317ZF or317ZG".

16Order of Tribunal

In section 330(1) of the Residential Tenancies Act 1997—

(a)in paragraph (d), for "intention to vacate." substitute "intention to vacate; and";

(b)after paragraph (d) insert—

"(e) that any resident who is entitled to a period of notice under section 289A has been given the required notice.".

17Contents of possession order

s. 17

After section 333(1) of the Residential Tenancies Act 1997 insert—

"(1A) Despite subsection (1)(a), if a resident referred to in subparagraph (iia) is entitled to a longer period of notice under section 289A, the possession order must specify a day that gives the resident not less than that longer period of noticeas the day by which the resident must vacate the building.".

______

Part 9—Repeal of Amending Act

18Repeal

s. 18

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

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).

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Consumer Affairs Legislation Amendment Act 2013
No. of 2013

Endnotes

[†] Minister's second reading speech—

Legislative Assembly:

Legislative Council:

The long title for the Bill for this Act was "A Bill for an Act to amend the Associations Incorporation Reform Act 2012, the Australian Consumer Law and Fair Trading Act 2012, the Co-operatives National Law Application Act 2013, the Estate Agents Act 1980, the Interpretation of Legislation Act 1984 and the Residential Tenancies Act 1997 and for other purposes."

By Authority.Government Printer for the State of Victoria.