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Statute Law (Further Revision) Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
The purpose of this Bill is to revise further the Statute Law of Victoria.
The Bill makes minor amendments to a number of Acts to correct
grammatical and typographical errors, to update references, to ensure
amendments to Acts have operated effectively and for other similar purposes.
The Bill also will repeal a number of spent Acts and spent provisions of Acts.
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 sets out the commencement of the Act. Sub-clause (2) provides
for a number of items in Schedule 1 to be given retrospective
commencement. The reason for the retrospective
commencement of an item is set out in the note on that item in
the notes on Schedule 1 below.
Clause 3 provides for the Acts listed in Schedule 1 to be amended as set
out in that Schedule.
Clause 4 provides for the Acts listed in Schedule 2 to be repealed.
Schedule 1
Amendment of Acts
Item 1 Aboriginal Lands (Aborigines' Advancement League) (Watt
Street, Northcote) Act 1982
This item amends section 3(4) to substitute references to
"Mineral Resources Development Act 1990", "Extractive
Industries Development Act 1995" and "Petroleum Act
1998" as a consequence of the enactment of these Acts.
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Item 2 Aboriginal Land (Manatunga Land) Act 1992
This item amends section 3(2)(b) to substitute a reference to
"Petroleum Act 1998" as a consequence of the enactment of
that Act.
Item 3 Aboriginal Land (Northcote Land) Act 1989
This item amends section 5(4) as a consequence of the enactment
of the Petroleum Act 1998.
Item 4 Accident Compensation Act 1985
This item amends section 119L(1) to omit an unnecessary
conjunction.
Item 5 Bayside Project Act 1988
Item 5.1 repeals the definition of "open space management
prescription". This definition was proposed to be repealed by
section 60(1) of the Project Development and Construction
Management Act 1994 but the proposed repeal was ineffective
due to a typographical error.
Item 5.2 repeals an unnecessary heading to Part 3 as the rest of
that Part has been repealed.
Item 5.3 amends section 35 to omit an unnecessary conjunction.
Item 6 Building Act 1993
Item 6.1 amends section 75JB(e) to correct a cross-reference in
the Building Act 1993.
Item 6.2 amends section 137A to correct a duplicate number.
Item 6.3 amends section 200(7)(ba) to omit an unnecessary
conjunction.
Item 7 Children and Young Persons Act 1989
This item amends sections 64(3C)(a), 66(4)(da) and 67(2) to
substitute references to "Victorian Civil and Administrative
Tribunal" as a consequence of the enactment of the Victorian
Civil and Administrative Tribunal Act 1998.
Item 8 Children and Young Persons (Amendment) Act 1992
This item repeals section 13(2) which was intended to insert a
sub-section (3A) into section 73 of the Children and Young
Persons Act 1989. Section 13(2) has not yet come into
operation and because the whole of section 73 of the Children
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and Young Persons Act 1989 has now been substituted by
section 13 of the Children and Young Persons (Miscellaneous
Amendments) 1994, the proposed amendment by section 13(2)
is no longer relevant or necessary.
Item 9 Chinese Medicine Registration Act 2000
This item amends section 94(2) to correct cross-references in the
Chinese Medicine Registration Act 2000. To ensure that
section 94(2) operates effectively from its commencement, this
item is made retrospective to 16 May 2000--the date of Royal
Assent of the Chinese Medicine Registration Act 2000.
Item 10 Co-operatives Act 1996
This item amends section 403 to omit an unnecessary sub-section
number.
Item 11 Corrections (Management) Act 1993
This item amends section 5 to substitute a reference to
"registered medical practitioner" as a consequence of the
enactment of the Medical Practice Act 1994.
Item 12 County Court Act 1958
This item repeals the Second Schedule to the County Court Act
1958. The Schedule is no longer necessary as it related to
section 39 of the Act. Section 39 was amended by the Courts
Amendment Act 1986 and it no longer refers to the Second
Schedule.
Item 13 Crimes Act 1958
This item amends section 361(1) to omit an unnecessary second
"in".
Item 14 Crown Land (Reserves) Act 1978
Item 14.1 amends section 3 to correct the alphabetical order of
the definitions in that section.
Item 14.2 amends section 5(4)(c) to correct a typographical error.
Item 15 Cultural and Recreational Lands Act 1963
This item amends section 4(4) to substitute the modern reference
to "dollar".
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Item 16 Drugs, Poisons and Controlled Substances Act 1981
Item 16.1 amends the definition of "authorised practitioner" in
section 4(1) to correct a reference to a section of the
Pharmacists Act 1974. The definition of "authorised
practitioner" was inserted by section 96(1) of the Chinese
Medicine Registration Act 2000. To ensure that this definition
was effective from its commencement, this item is made
retrospective to 1 January 2002--the day section 96(1) of the
Chinese Medicine Registration Act 2000 came into operation.
Item 16.2 amends section 129(1)(aa) to correct punctuation
errors.
Item 17 Duties Act 2000
This item amends section 240(1)(c)(iii) to correct a grammatical
error.
Item 18 Electricity Industry Act 2000
This item amends section 117(3) to correct a wrong cross-
reference in the Electricity Industry Act 2000. Section 117 is
a re-enactment of section 27(2) to (4) of the Electricity Industry
Act 1993. To avoid any doubt that section 117 is effective from
its commencement, this item is made retrospective to
21 November 2000--the date of Royal Assent of the Electricity
Industry Act 2000.
Item 19 Electricity Industry Acts (Further Amendment) Act 1999
This item repeals section 17 (which will insert a new definition of
"VENCorp" in the Electricity Industry (Residual Provisions)
Act 1993) because that definition is no longer necessary.
VENCorp is a statutory body under Part 8 of the Gas Industry
Act 2001.
Item 20 Electricity Industry (Residual Provisions) Act 1993
This item amends section 3(1) to substitute a reference to "Gas
Industry Act 2001" as a consequence of the enactment of that
Act.
Item 21 Electricity Safety Act 1998
This item amends section 86(3)(b) to correct a typographical
error.
Item 22 Environment Protection Act 1970
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This item amends sections 19B, 20, 20A and 28 to update
references to "Department of Human Services".
Item 23 Essential Services Commission Act 2001
This item amends section 70(i) to correct a wrong reference in
the amendments made to section 40A of the Electricity
Industry Act 2000. To avoid any doubt that the amendments
made by section 70(i) are effective, this item is made
retrospective to 23 October 2001--the date of Royal Assent of
the Essential Services Commission Act 2001.
Item 24 Extractive Industries Development Act 1995
Items 24.1 and 24.2 repeal spent provisions in the Extractive
Industries Development Act 1995.
Item 25 Gaming and Betting Act 1994
Item 25.1(a) amends section 127(3) to omit an unnecessary
conjunction.
Item 25.1(b) amends section 127(3) to correct the numbering.
Item 25.2 amends section 135 to remove a reference to
"section 54" which has been repealed.
Item 26 Gaming Machine Control Act 1991
Item 26.1 amends section 19A to correct a typographical error.
Item 26.2 amends section 114(1) to correct a typographical error.
Item 26.3 amends section 136(6) to correct a cross-reference in
the Gaming Machine Control Act 1991.
Item 27 Gaming No. 2 Act 1997
Item 27.1 amends section 31(2) to correct a grammatical error.
Item 27.2 amends section 82(2)(b) to correct a cross-reference in
the Gaming No. 2 Act 1997.
Item 28 Gas Industry Act 2001
Item 28.1 amends section 68(5) to substitute a reference to "the
Office of the Regulator-General". This is necessary as a result of
the repeal of the definition of "ORG" by the Essential Services
Commission Act 2001.
Item 28.2 amends section 167(2) to substitute a reference to
"Public Sector Management and Employment Act 1998" as a
consequence of the enactment of that Act.
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Item 28.3 amends section 231(4) to correct a typographical error.
Item 29 Gas Industry (Residual Provisions) Act 1994
This item amends section 62S(1) to correct a typographical error.
Item 30 Grain Handling and Storage Act 1995
Item 30.1 amends section 15(2) to substitute a reference to
"Commission" as a consequence of the enactment of the
Essential Services Commission Act 2001.
Item 30.2 amends section 18(2) to substitute a reference to
"Essential Services Commission Act 2001" as a consequence
of the enactment of that Act.
Item 31 Health Act 1958
Item 31.1 amends section 108C(2)(b) to insert "or she" to ensure
consistency of language in that section.
Items 31.2(a) and 31.2(b) amend section 146(1) to omit
unnecessary conjunctions.
Item 31.2(c) amends section 146(1) as a consequence of the
enactment of the Children's Services Act 1996.
Item 31.2 (d) amends section 146(1) to omit an unnecessary
conjunction.
Item 31.3 amends section 401(2) to omit the reference to "drugs
or" as a consequence of the enactment of the Health
(Amendment) Act 2001.
Item 32 Health Services Act 1988
This item amends section 54 to omit an unnecessary sub-section
number.
Item 33 Heritage Act 1995
This item amends section 98(3)(a) to correct a grammatical error.
Item 34 House Contracts Guarantee Act 1987
Item 34.1 amends section 13(6) to omit an unnecessary "the".
Item 34.2 amends section 18(7) to correct a typographical error.
Item 34.3 amends section 21A(1) to correct a grammatical error.
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Item 34.4 amends section 23(1)(b) to insert the word "building"
to ensure that the expression "domestic building work" is used
consistently in that section.
Item 35 Impounding of Livestock Act 1994
This item repeals spent provisions in the Impounding of
Livestock Act 1994. These provisions contained amendments to
other Acts. The amendments are now in operation and the
provisions are no longer required.
Item 36 Infertility Treatment Act 1995
This item amends section 181(7) to correct a typographical error.
Item 37 Interactive Gaming (Player Protection) Act 1999
This item amends section 5(2) to correct a typographical error to
ensure that the reference to "telecommunication device" is used
consistently in section 5(2) and in accordance with the definition
of the term.
Item 38 Interpretation of Legislation Act 1984
This item amends section 57(6) to omit an unnecessary
conjunction.
Item 39 Land Act 1958
This item amends section 366 to substitute a reference to
"application" to ensure that the reference is used consistently in
that section.
Item 40 Landlord and Tenant Act 1958
This item amends section 43(1) to update the reference to
"Director" within the meaning of the Fair Trading Act 1999.
Item 41 Legal Practice Act 1996
This item amends section 342(1) to clarify that the reference to
"Board" in that section is a reference to the Board of Examiners
and not to the Legal Practice Board.
Item 42 Local Government Act 1989
This item amends section 171(4)(d) to substitute the reference to
"Minister administering the State Concessions Act 1986" as a
consequence of Administrative Arrangements Order (No. 167)
2000.
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Item 43 Magistrates' Court Act 1989
Item 43.1 amends clause 56C in Schedule 4 to correct a
grammatical error.
Item 43.2 amends Schedule 4 to correct the numbering.
Item 44 Marine Act 1988
This item amends section 85(4)(b)(i) to substitute a reference to
"Director" to ensure that the reference is used consistently in the
Marine Act 1988. References to "Director" were inserted
generally in the Marine Act 1988 by Part 7 of the Marine
(Further Amendment) Act 2001 but this particular reference
was missed. To ensure that section 85(4) operates effectively,
this item is made retrospective to 7 February 2002--the day
Part 7 of the Marine (Further Amendment) Act 2001 came
into operation.
Item 45 Medical Practice Act 1994
Items 45.1 and 45.2 repeal spent provisions in the Medical
Practice Act 1994. These provisions made consequential
amendments to other Acts. The amendments are now in
operation and the provisions are no longer required.
Item 46 National Crime Authority (State Provisions) Act 1984
This item amends section 21(15) to correct a punctuation error.
Item 47 National Parks Act 1975
This item amends section 57(1) to correct a typographical error.
Item 48 Nurses Act 1993
This item amends section 3(1) to correct typographical errors.
Item 49 Parliamentary Committees Act 1968
This item repeals paragraph (ba) of section 4D which is a spent
provision.
Item 50 Pathology Services Accreditation Act 1984
This item amends Schedule 1 to correct typographical and
spelling errors.
Item 51 Pay-roll Tax Act 1971
Item 51.1 amends section 9A(3A)(a) and (b) to substitute the
modern spelling of "employee".
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Item 51.2 amends section 13A(2)(b) to correct a typographical
error.
Item 52 Petroleum (Submerged Lands) Act 1982
Item 52.1 amends section 25(2) to substitute a reference to
"Minister" to ensure that the reference is used consistently in that
section.
Item 52.2 amends section 41(2) to substitute a reference to "the
applicant" to ensure that the reference is used consistently in that
section.
Item 52.3 amends section 59(11)(b) to insert the words "or her"
to ensure consistency of language in that section.
Item 52.4 amends section 112(4)(c)(ii) to substitute a reference
to "the person" to ensure that the reference is used consistently in
that section.
Item 52.5 amends section 131(1) to substitute a reference to "the
person" to ensure that the reference is used consistently in that
section.
Item 53 Pollution of Waters by Oil and Noxious Substances Act 1986
This item amends section 23B(8)(c) to correct a typographical
error.
Item 54 Prevention of Cruelty to Animals Act 1986
This item amends section 9(1)(la) to substitute a reference to
"veterinary practitioner" as a consequence of the enactment of
the Veterinary Practice Act 1997.
Item 55 Regional Infrastructure Development Fund Act 1999
This item amends section 5(2) to substitute a reference to
"Minister administering Part 7 of the Financial Management
Act 1994" as a consequence of Administrative Arrangements
Order (No. 166) 2000.
Item 56 Residential Tenancies Act 1997
Item 56.1 amends section 23(b) to correct a typographical error.
Item 56.2 amends section 472(1) to correct a grammatical error.
Item 57 Road Safety Act 1986
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Item 57.1 amends section 56(6)(c) to substitute references to
"application" and "Victorian Civil and Administrative Tribunal"
as a consequence of the enactment of the Victorian Civil and
Administrative Tribunal Act 1998.
Item 57.2 amends section 74(2) to remove any doubt as to
whether the amendment of that provision by item 110.1(a) of
Schedule 1 to the Statute Law Revision Act 2000 was effective.
Item 58 Sale of Land Act 1962
This item amends section 23 to substitute a reference to "Estate
Agents Act 1980" as a consequence of the enactment of that Act.
Item 59 Supreme Court Act 1986
Item 59.1 amends sections 79(1)(a) and 79(3)(a) to correct a
grammatical error.
Item 59.2 amends section 104C(1)(a) to correct a typographical
error.
Item 60 Transfer of Land (Computer Register) Act 1989
This item amends clause 67 in the Second Schedule to correct a
reference to "Presbyterian Trusts Act 1890". To ensure that
the amendment made by clause 67 is effective, the item is made
retrospective to 16 May 1989--the date of Royal Assent of the
Transfer of Land (Computer Register) Act 1989.
Item 61 Transport Accident Act 1986
Item 61.1 amends section 3 to correct the numbering.
Item 61.2 amends section 100(2)(b) to correct duplicate
reference to "notice".
Item 62 Transport Act 1983
Item 62.1 amends paragraph (b)(ii) of the definition of
"authorised officer" in section 211(1) to omit an unnecessary
conjunction.
Item 62.2 amends section 249A(1) to omit the reference to
"Petrol Pumps Act 1958" because that Act has been repealed.
Item 63 Veterinary Practice Act 1997
This item amends section 73 to correct the numbering.
Item 64 Victorian Sanatoria for Consumptives Act 1911
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This item repeals section 7(2) to make an amendment which was
attempted by the Public Account (Trust Funds) Act 1982 but
not correctly made. (The Public Account (Trust Funds) Act
1982 purported to repeal section 7(3) of the Victorian Sanatoria
for Consumptives Act 1911 which did not exist). To ensure
that this repeal is effective, this item is made retrospective to
1 July 1982--the date when the repeal was intended to come into
operation in accordance with section 3(2) of the Public Account
(Trust Funds) Act 1982.
Item 65 Vocational Education and Training Act 1990
Item 65.1 amends section 3 to substitute a reference to
"Victorian Qualifications Authority Act 2000" as a
consequence of the enactment of that Act.
Item 65.2 amends section 12(1)(c) to substitute a reference to
"Commission's" to ensure that the reference is used consistently
in that section.
Item 65.3 amends section 18(2) and (4) to substitute a reference
to "Commission" to ensure that the reference is used consistently
in that section.
Item 65.4 amends section 22C(1) to substitute a reference to
"Commission" as a consequence of the enactment of the
Victorian Qualifications Authority Act 2000.
Item 65.5 amends section 92(1) to correct a typographical error.
Item 66 Water Act 1989
Item 66.1 amends section 107A(2) to omit an unnecessary
definition.
Item 66.2 amends section 161A(2) to omit an unnecessary
definition.
Item 67 Water Industry Act 1994
Item 67.1 amends section 11A(1), (3) and (4) to substitute a
reference to "Commission" as a consequence of the enactment of
the Essential Services Commission Act 2001.
Item 67.2 amends section 11A(3) to substitute a reference to
"Essential Services Commission Act 2001" as a consequence
of the enactment of that Act.
Item 68 Witness Protection Act 1991
This item amends section 7(d) to correct a cross-reference in the
Witness Protection Act 1991.
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Schedule 2
Repeals
The Acts set out in Schedule 2 are entirely spent in their operation. They are
amending Acts which are now wholly in operation and have amended the
Acts they were enacted to amend.
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