Justice Legislation (Further Amendment) Act 2006 (Vic)

Justice Legislation (Further Amendment) Act 2006

Act No. 79/2006

table of provisions

Section  Page

Part 1—Preliminary

1.Purposes

2.Commencement

Part 2—Amendment of Attorney-General and Solicitor-General Act 1972

3.Pensions

Part 3—Amendment of Casino Control Act 1991

4.Compulsory training for special employees

5.Amendment of transitional provisions

Part 4—Amendment of Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

6.New power to exempt certain organisations

7.Approval of organisation

8.New section 66A inserted

66A.Approval of organisation in relation to activities or functions

9.Application procedure

Part 5—Amendment of Confiscation Act 1997

10.Applications for restraining orders

11.Application for exclusion from civil forfeiture order

12.Stay of execution of disposal order

13.New section 144A inserted

144A.Validation

14.New section 175 inserted

175.Transitional—Justice Legislation (Further Amendment) Act 2006

Part 6—Amendment of Corrections and Sentencing Acts (Home Detention) Act 2003

15.Repeal of sunset provisions

Part 7—Amendment of Council of Law Reporting in Victoria Act 1967

16.Constitution of Council

17.Savings provision

Part 8—Amendment of Equal Opportunity Act 1995

18.Definitions

19.Who may complain?

20.Delegation by Commission

21.New section 226 inserted

226.Transitional provision—Justice Legislation (Further Amendment) Act 2006

Part 9—Amendment of Gambling Regulation Act 2003

22.Training courses

23.Amendment of transitional provisions

Part 10—Amendment of Infringements Act 2006

24.Extended period for lodgement

25.New section 209A inserted

209A.Period for lodgement

Part 11—Amendment of Judicial College of Victoria Act 2001

26.Definition of "judicial officer"

Part 12—Amendment of Juries Act 2000

27.Canvassing availability of prospective jurors

28.Selection of panel from more than one pool

29.Jury panel may be split

30.Calling of panel by numbers

31.Transitional provision

14.Justice Legislation (Further Amendment) Act 2006

Part 13—Amendment of Legal Profession Act 2004

32.Definitions

33.Local practising certificates

34.Supervised legal practice

35.Interstate legal practitioners

36.Trust money and trust accounts

37.Costs disclosure

38.Billing and costs review

39.New section 3.4.48A inserted

3.4.48A.Contracting out of Division by sophisticated clients

40.Lodgement of disputed legal costs with Commissioner

41.Distribution Account

42.New section 6.7.11A inserted

6.7.11A.Further legal aid funding

43.Transitional provisions

44.New Part 11 inserted in Schedule 2

Part 11—Justice Legislation (Further Amendment) Act 2006

11.1Law firms

11.2Conditions on local practising certificates

11.3Supervised legal practice

Part 14—Amendment of magistrates' Court Act 1989

45.Persons who may witness statements to be tendered at committal proceedings

Part 15—Amendment of Professional Standards Act 2003

46.Definitions

47.New section 23 substituted

23.Limitation of liability by insurance arrangements

48.Limitation of liability by reference to amount of business assets

49.Limitation of liability by multiple of charges

50.New section 28A inserted

28A.Liability in damages not reduced to below relevant
limit

51.Limit of occupational liability by schemes

52.New section 59 inserted

59.Transitional provisions—Justice Legislation (Further Amendment) Act 2006

Part 16—Amendment of Sex Offenders Registration Act 2004

53.Definitions

54.Consequential amendments

55.New section 73B inserted

73B.Transitional provision—Justice Legislation (Further Amendment) Act 2006

Part 17—Amendment of Victorian Civil and Administrative Tribunal Act 1998

56.Summary dismissal of unjustified proceedings

57.Injunctions and declarations

58.Failing to comply with summons

59.Contempt

60.New section 163 inserted

163.Transitional provision—Justice Legislation (Further Amendment) Act 2006

Part 18—Amendment of Victorian Law Reform Commission Act 2000

61.Appointment of acting chairperson

Part 19—Amendment of Working with Children Act 2005

62.What is child-related work?

63.Part 6 substituted

Part 6—Transitional Provisions

50.Transitional provision—Justice Legislation (Further Amendment) Act 2006

Part 20—Amendment of Fair Trading Act 1999 and Other Consumer Acts

64.Fair Trading Act 1999—entry or search with consent

65.Fair Trading Act 1999—emergency entry

66.Fair Trading Act 1999—new section 121A inserted

121A.Entry without consent or warrant

67.Fair Trading Act 1999—search warrants

68.Fair Trading Act 1999—new section 126A inserted

126A.Use or seizure of electronic equipment at premises

69.Associations Incorporation Act 1981—section 37C
substituted

37C.Production of identity card

70.Associations Incorporation Act 1981—new section 37EA inserted

37EA.Entry without consent or warrant

71.Associations Incorporation Act 1981—section 37M
substituted

37M.Protection against self-incrimination

72.Associations Incorporation Act 1981—section 37P
substituted

37P.Entry to be reported to the Director

37PA.Register of exercise of powers of entry

37PB.Complaints

73.Credit (Administration) Act 1984—section 27 substituted

27.Entry without consent or warrant

74.Credit (Administration) Act 1984—section 38 substituted

38.Protection against self-incrimination

75.Credit (Administration) Act 1984—application of Fair Trading Act 1999

76.Estate Agents Act 1980—section 70U substituted

70U.Protection against self-incrimination

77.Estate Agents Act 1980—application of Fair Trading
Act 1999

78.Introduction Agents Act 1997—section 42 substituted

42.Production of identity card

79.Introduction Agents Act 1997—new section 44A inserted

44A.Entry without consent or warrant

80.Introduction Agents Act 1997—sections 55 and 56
substituted

55.Requirement to assist inspector during entry

56.Refusal or failure to comply with requirement

56A.Protection against self-incrimination

56B.Entry to be reported to the Director

56C.Register of exercise of powers of entry

56D.Complaints

81.Motor Car Traders Act 1986—section 82AH substituted

82AH.Entry without consent or warrant

82.Motor Car Traders Act 1986—section 82AS substituted

82AS.Protection against self-incrimination

83.Second-Hand Dealers and Pawnbrokers Act 1989—amendment of inspection powers

84.Travel Agents Act 1986—amendment of inspection powers

Part 21—Statute Law Revision

85.City of Melbourne Act 2001

86.Confiscation Act 1997

87.Drugs, Poisons and Controlled Substances (Amendment) Act 2006

88.Professional Standards Act 2003

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Endnotes

Justice Legislation (Further Amendment) Act 2006

[Assented to 10 October 2006]

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1.Purposes

The main purposes of this Act are—

(a)to amend the Attorney-General and Solicitor-General Act 1972 with respect to pension entitlements;

(b)to amend the Gambling Regulation Act 2003 and the Casino Control Act 1991 in relation to training courses for licensed gaming industry employees and licensed casino employees;

(c)to amend the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 to enable the Director of the Classification Board to exempt certain organisations from the operation of that Act;

(d)to amend the Confiscation Act 1997 to provide further for applications for restraining orders, applications for exclusion from civil forfeiture orders and execution of disposal orders and to make an amendment of a statute law revision nature;

(e)to amend the Corrections and Sentencing Acts (Home Detention) Act 2003 so as to allow the home detention program to continue indefinitely;

(f)to amend the Council of Law Reporting in Victoria Act 1967 to increase the number of members appointed by professional associations;

(g)to amend the Equal Opportunity Act 1995—

(i)to add to and update a number of definitions relating to workplace relations;

(ii)to provide a mechanism for representative complaints;

(iii)to allow the Commission to delegate certain powers or functions to staff members;

(h)to amend the Infringements Act 2006 with respect to the period for lodgement of details of an infringement penalty and prescribed costs in respect of an infringement offence under certain Acts;

(i)to amend the Judicial College of Victoria Act 2001 to include judicial registrars of the Magistrates' Court as judicial officers for the purposes of that Act;

(j)to amend the Juries Act 2000 with respect to jury pools and panels;

(k)to amend the Legal Profession Act 2004—

(i)to reflect amendments to the national model provisions for the regulation of the legal profession;

(ii)generally to improve the operation of the Act;

(l)to amend the Magistrates' Court Act 1989 to include additional classes of person who may witness statements to be tendered at committal proceedings;

(m)to amend the Professional Standards Act 2003 in relation to professional indemnity insurance;

(n)to amend the Sex Offenders Registration Act 2004 to clarify its application in relation to certain kinds of offender;

(o)to amend the Victorian Civil and Administrative Tribunal Act 1998 with respect to—

(i)the issue of injunctions and declarations;

(ii)the summary dismissal of proceedings;

(iii)the granting of bail to persons arrested and brought before VCAT;

(iv)the power to impose sentences of imprisonment for contempt of VCAT;

(p)to amend the Victorian Law Reform Commission Act 2000 with respect to the appointment of an acting chairperson;

(q)to amend the Working with Children Act 2005 to apply the complete definition of "child-related work" for the purposes of the whole Act subject to certain exceptions;

(r)to amend the Fair Trading Act 1999 and other Consumer Acts to allow inspectors to monitor compliance with those Acts;

(s)to make amendments of a statute law revision nature to certain Acts.

2.Commencement

(1)This Part and Parts 3, 5, 6, 8 (other than section 18(1) and (5)), 9, 13, 15, 19, 20 and 21 (other than section 85) come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Part 16 is deemed to have come into operation on 1 October 2004.

(3)Section 18(1) and (5) are deemed to have come into operation on 27 March 2006.

(4)Part 10 and section 85 are deemed to have come into operation on 1 July 2006.

(5)Subject to sub-section (6), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(6)If a provision referred to in sub-section (5) does not come into operation before 1 July 2007, it comes into operation on that day.

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Part 2—Amendment of Attorney-General and Solicitor-General Act 1972

3.Pensions

After section 6(2) of the Attorney-General and Solicitor-General Act 1972 insert—

"(3)If, on the expiration of his or her term of office as Solicitor-General, a person who served as Solicitor-General for not less than 10 years is not under sub-section (1) entitled to a pension only because he or she has not attained the age of 65 years—

(a)on that person attaining the age of 65 years he or she, and his or her spouse and children, become entitled to pensions under that sub-section in the circumstances, at the rates and on the terms and conditions set out in that sub-section as if he or she had only retired from the office of Solicitor-General on attaining that age; and

(b)any such pension is liable to be suspended or determined in the circumstances and to the extent set out in that sub-section.

(3A)Without limiting or otherwise affecting section 83 of the Constitution Act 1975, the entitlement of a former Solicitor-General to a pension under this section arising by force of sub-section (3) is suspended while he or she holds the office of Judge of the Supreme Court, having been appointed to that office after having attained the age of 65 years.".

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Part 3—Amendment of Casino Control Act 1991

4.Compulsory training for special employees

(1)For section 58A(1) of the Casino Control Act 1991 substitute—

"(1)Subject to sub-section (1B), a licensee who is employed by a casino operator, regardless of when that employment commenced, and who performs any of the functions of a special employee in relation to gaming machines must complete—

(a)an appropriate approved training course within the period specified in sub-section (1A); and

(b)an approved refresher course within the period of 3 years following completion of an approved training course and every period of 3 years thereafter.

(1A)An approved training course must be completed—

(a)in the case of a licensee who is in the employment of a casino operator immediately before the commencement of section 4(1) of the Justice Legislation (Further Amendment) Act 2006, within 12 months after the approval of that course by the Commission;

(b)in the case of a licensee who is employed by a casino operator on or after the commencement of section 4(1) of the Justice Legislation (Further Amendment) Act 2006—

(i)within 6 months after the licensee commences to perform any of the functions of a special employee in relation to gaming machines; or

(ii)within 12 months after the approval of that course by the Commission—

whichever period expires later.

(1B)Sub-section (1)(a) does not apply to a licensee who has completed an approved training course—

(a)after the commencement of section 4(1) of the Justice Legislation (Further Amendment) Act 2006; and

(b)within the period of 3 years immediately before the commencement of employment with a casino operator.".

5.Amendment of transitional provisions

In Schedule 3 to the Casino Control Act 1991, clause 5(15) is repealed.

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Part 4—Amendment of Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

6.New power to exempt certain organisations

At the end of section 64 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 insert—

"(2)The Director may, on application under section 67, direct in writing that this Act does not apply, to the extent and subject to any condition specified in the direction, to an organisation approved under section 66A in respect of all or any of its activities or functions that relate to films or computer games.".

7.Approval of organisation

(1)Insert the following heading to section 66 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995—

"Approval of organisation in relation to event".

(2)In section 66 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995—

(a)in sub-section (1), for "this Part" substitute "section 64(1)";

(b)in sub-section (2), after "organisation" (where first occurring) insert "under this section".

8.New section 66A inserted

After section 66 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 insert—

'66A.Approval of organisation in relation to activities or functions

(1)The Director, by notice published in the Commonwealth Gazette, may, on application, approve an organisation for the purposes of section 64(2) if the organisation—

(a)is established by or under an Act; and

(b)carries on activities of an educational, cultural or artistic nature.

(2)In considering whether to approve an organisation under this section, the Director must have regard to—

(a)the purpose for which the organisation was established; and

(b)the extent to which the organisation carries on activities of an educational, cultural or artistic nature; and

(c)the reputation of the organisation in relation to—

(i)the screening of films; or

(ii)the possession or demonstration of computer games—

as the case may be; and

(d)the conditions as to admission of persons to—

(i)the screening of films by the organisation; or

(ii)the demonstration of computer games by the organisation—

as the case may be.

Note:Section 3 contains a definition of "demonstrate".

(3)An approval takes effect on the date of publication of the notice referred to in sub-section (1).

(4)The Director—

(a)must revoke an approval if the organisation no longer satisfies the requirements of sub-sections (1)(a) and (1)(b); and

(b)may revoke an approval if, because of a change in any matter referred to in sub-section (2), the Director considers that it is no longer appropriate that the organisation be approved.

(5)The Director must notify an organisation in writing of a decision—

(a)to refuse an application for approval; or

(b)to revoke an approval—

within 30 days after the date of the decision and must give reasons for the decision.

(6)Revocation of an approval takes effect on the date of the decision to revoke or on a later date specified in the notice.'.

9.Application procedure

(1)In section 67(2) of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995—

(a)after "application" insert "for an exemption under section 64(1)"; and

(b)in paragraph (c)(ii), after "prescribed fee" insert ", if any".

(2)After section 67(2) of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 insert—

"(2A)An application for an exemption under section 64(2) must—

(a)be in the approved form; and

(b)specify the extent of the exemption sought; and

(c)be accompanied by the prescribed fee, if any.".

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Part 5—Amendment of Confiscation Act 1997

10.Applications for restraining orders

For section 17(1) of the Confiscation Act 1997 substitute—

"(1)If, having regard to the matters referred to in sub-section (1A), the court is satisfied that the circumstances of the case justify the giving of notice to a person affected, the court may direct an applicant under section 16(1) or 16(2) to give notice of the application to any person whom the court has reason to believe has an interest in the property that is the subject of the application.

(1A)In determining whether the circumstances of the case justify the giving of notice, the court must have regard to—

(a)the aim of preserving the property that is the subject of the application so as to ensure its availability for the purpose for which the restraining order is sought; and

(b)any jeopardy to an investigation by a law enforcement agency into criminal activity that could result from the giving of notice; and

(c)any risk to the safety or security of a person, including a potential witness in any criminal proceeding, that could result from the giving of notice; and

(d)the provision made by this Act to enable a person claiming an interest in property the subject of a restraining order to apply for an exclusion order to protect that interest from the operation of the restraining order; and

(e)the limited duration of a restraining order; and

(f)the submissions, if any, made by the applicant in relation to the giving of notice.

(1B)In determining whether to direct an applicant to give notice of an application under section 16(1) or 16(2), the court may have regard to any other matter that the court considers relevant.

(1C)If the court does not require notice of an application under section 16(1) or 16(2) to be given under sub-section (1), it may hear and determine the application in the absence of any person who has an interest in the property that is the subject of the application.".

11.Application for exclusion from civil forfeiture order

(1)In section 53(1) of the Confiscation Act 1997, omit "(other than a person referred to in sub-section (1A))".

(2)Section 53(1A) of the Confiscation Act 1997 is repealed.

12.Stay of execution of disposal order

After section 78(2) of the Confiscation Act 1997 insert—

"(3)A disposal order made in reliance on a person's conviction of a Schedule 1 offence—

(a)is stayed pending the expiry of the appeal period in relation to the conviction; and

(b)ceases to have effect if on appeal the conviction is quashed.".

13.New section 144A inserted

After section 144 of the Confiscation Act 1997 insert—

"144A.Validation

(1)A restraining order made on or before 26 September 2005 is not invalid only because it is directed to a named person and is deemed to have, and always to have had, effect according to its tenor.

(2)Sub-section (1) does not affect the rights of the parties in the proceeding known as Director of Public Prosecutions (Vic.) v. Navarolli and Mokbel (No. 1545 of 2005) in the Supreme Court of Victoria.".

14.New section 175 inserted

After section 174 of the Confiscation Act 1997 insert—

"175.Transitional—Justice Legislation (Further Amendment) Act 2006

(1)Section 17 as amended by section 10 of the Justice Legislation (Further Amendment) Act 2006 applies to an application for a restraining order made on or after the commencement of section 10 of that Act.

(2)Section 53 as amended by section 11 of the Justice Legislation (Further Amendment) Act 2006 applies to an application made on or after the commencement of section 11 of that Act.

(3)Section 78 as amended by section 12 of the Justice Legislation (Further Amendment) Act 2006 applies to a disposal order made on or after the commencement of section 12 of that Act.".

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Part 6—Amendment of Corrections and Sentencing Acts (Home Detention) Act 2003

15.Repeal of sunset provisions

Sections 2(2) and (3), 9, 10, 20 and 21 of the Corrections and Sentencing Acts (Home Detention) Act 2003 are repealed.

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Part 7—Amendment of Council of Law Reporting in Victoria Act 1967

16.Constitution of Council

For section 5(1)(c) of the Council of Law Reporting in Victoria Act 1967 substitute—

"(c)two members appointed by the professional association known as Law Institute of Victoria Limited ACN 075 475 731;

(d)two members appointed by the professional association known as Victorian Bar Inc, an association incorporated under the Associations Incorporation Act 1981.".

17.Savings provision

For section 5(2) of the Council of Law Reporting in Victoria Act 1967 substitute—

"(2)Despite the change in membership composition made by section 16 of the Justice Legislation (Further Amendment) Act 2006—

(a)the Council continues to be the same body after as before that change and that change does not affect any act, matter or thing; and

(b)a member appointed by Law Institute of Victoria Limited ACN 075 475 731 and holding office under sub-section (1)(c) (as in force immediately before the commencement of that section of that Act) continues in office, subject to this Act, as an appointee of that body until the expiry of his or her current term of office or the appointment of his or her successor, whichever is the later; and

(c)a member appointed by the Victorian Bar Council under sub-section (1)(d) (as in force immediately before the commencement of section 453 of the Legal Practice Act 1996) and continuing to hold office as a member by force of section 6(2) immediately before the commencement of section 16 of the Justice Legislation (Further Amendment) Act 2006 continues in office, subject to this Act, as if he or she were an appointee of Victorian Bar Inc under sub-section (1)(d) until the expiry of his or her current term of office or the appointment of his or her successor, whichever is the later.".

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Part 8—Amendment of Equal Opportunity Act 1995

18.Definitions

(1)In section 4(1) of the Equal Opportunity Act 1995—

(a)in paragraph (a) of the definition of "employee", for "an Australian Workplace Agreement, certified agreement" substitute "a workplace agreement";

(b)in paragraph (a) of the definition of "employer", for "an Australian Workplace Agreement, certified agreement" substitute "a workplace agreement";

(c)in paragraph (a) of the definition of "employment", for "an Australian Workplace Agreement, certified agreement" substitute "a workplace agreement".

(2)In section 4(1) of the Equal Opportunity Act 1995, for the definition of "industrial activity" substitute—

' "industrial activity" means—

(a)being or not being a member of, or joining, not joining or refusing to join, an industrial organisation or industrial association;

(b)establishing or being involved in establishing an industrial organisation or forming or being involved in forming an industrial association;

(c)organising or promoting or proposing to organise or promote a lawful activity on behalf of an industrial organisation or industrial association;

(d)encouraging, assisting, participating in or proposing to encourage, assist or participate in a lawful activity organised or promoted by an industrial organisation or industrial association;

(e)not participating in or refusing to participate in a lawful activity organised or promoted by an industrial organisation or industrial association;

(f)representing or advancing the views, claims or interests of members of an industrial organisation or industrial association;'.

(3)In section 4(1) of the Equal Opportunity Act 1995, insert the following definition—

' "industrial association" means a group of employees or employers, formed formally or informally to represent or advance the views, claims or interests of the employees or employers in a particular industry, trade, profession, business or employment, not including an industrial organisation;'.

(4)In section 4(1) of the Equal Opportunity Act 1995, for the definition of "industrial organisation" substitute—

' "industrial organisation" means—

(a)an organisation of employees;

(b)an organisation of employers;

(c)any other organisation established for the purposes of people who carry on a particular industry, trade, profession, business or employment—

registered or recognised under a State or Commonwealth enactment;'.

(5)After section 4(2) of the Equal Opportunity Act 1995 insert—

'(3)A reference in the definition of "employee", "employer" or "employment" in sub-section (1) to a workplace agreement within the meaning of the Workplace Relations Act 1996 of the Commonwealth includes a reference to an Australian Workplace Agreement or a certified agreement within the meaning of that Act as in force immediately before 27 March 2006.'.

19.Who may complain?

After section 104(1) of the Equal Opportunity Act 1995 insert—

"(1A)A person may complain on behalf of the person and another person or persons if the Commission is satisfied that—

(a)each person named in the complaint—

(i)is entitled to complain under sub-section (1)(a); and

(ii)has consented to the complaint being made on the person's behalf; and

(b)the alleged contravention arises out of the same conduct.

(1B)A representative body may complain to the Commission on behalf of a named person or persons if the Commission is satisfied that—

(a)each person named in the complaint—

(i)is entitled to complain under sub-section (1)(a); and

(ii)has consented to the complaint being made by the body on the person's behalf; and

(b)the representative body has a sufficient interest in the complaint; and

(c)the alleged contravention arises out of the same conduct.

(1C)A representative body has sufficient interest in a complaint if the conduct that constitutes the alleged contravention is a matter of genuine concern to the body because of the way conduct of that nature adversely affects or has the potential adversely to affect the interests of the body or the interests or welfare of the persons it represents.".

20.Delegation by Commission

At the end of section 172 of the Equal Opportunity Act 1995 insert—

"(2)The Commission may, in writing, delegate to a member of staff of the Commission any of its powers or functions under sections 108, 110, 112, 113, 117, 119, 120, 122 and 123.".

21.New section 226 inserted

After section 225 of the Equal Opportunity Act 1995 insert—

"226.Transitional provision—Justice Legislation (Further Amendment) Act 2006

A complaint may be made by a person or body referred to in section 104(1A) or (1B) after the commencement of section 19 of the Justice Legislation (Further Amendment) Act 2006, whether the complaint relates to an alleged contravention of this Act that took place before or after that commencement.".

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Part 9—Amendment of Gambling Regulation Act 2003

22.Training courses

(1)For section 9A.1.18(1) of the Gambling Regulation Act 2003 substitute—

"(1)Subject to sub-section (1B), a licensee who is employed by a venue operator, regardless of when that employment commenced, and who is working in the gaming machine area of an approved venue must complete—

(a)an appropriate approved training course within the period specified in sub-section (1A); and

(b)an approved refresher course within the period of 3 years following completion of an approved training course and every period of 3 years thereafter.

(1A)An approved training course must be completed—

(a)in the case of a licensee who is in the employment of a venue operator immediately before the commencement of section 22(1) of the Justice Legislation (Further Amendment) Act 2006, within 12 months after the approval of that course by the Commission;

(b)in the case of a licensee who is employed by a venue operator on or after the commencement of section 22(1) of the Justice Legislation (Further Amendment) Act 2006—

(i)within 6 months after the licensee commences to work in the gaming machine area of an approved venue; or

(ii)within 12 months after the approval of that course by the Commission—

whichever period expires later.

(1B)Sub-section (1)(a) does not apply to a licensee who has completed an approved training course—

(a)after the commencement of section 22(1) of the Justice Legislation (Further Amendment) Act 2006; and

(b)within the period of 3 years immediately before the commencement of employment with a venue operator.".

(2)In section 9A.1.18(3) of the Gambling Regulation Act 2003, after "from time to time," insert "by instrument,".

(3)After section 9A.1.18(3) of the Gambling Regulation Act 2003 insert—

"(3A)The Commission must approve a training course under sub-section (3) not later than 6 months after the commencement of section 22(3) of the Justice Legislation (Further Amendment) Act 2006.

(3B)An approval for a training course or a refresher course remains in force until whichever of the following happens first—

(a)the approval is revoked; or

(b)the expiration of 5 years after the approval was granted.

(3C)The Commission may, on application received before the expiry of a current approval for a training course or refresher course, grant a new approval for the course, in which case—

(a)the current approval continues in force until the new approval is granted or refused; and

(b)if granted, the new approval must be taken to have been granted on the day on which the current approval was due to expire and must be dated accordingly.".

23.Amendment of transitional provisions

In Schedule 7 to the Gambling Regulation Act 2003, clause 3.6(7) is repealed.

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Part 10—Amendment of Infringements Act 2006

24.Extended period for lodgement

After section 55(a) of the Infringements Act 2006 insert—

"(ab)if the offence has been committed against section 166(1) of the Electoral Act 2002, no more than 6 months after the date of service of the infringement notice in respect of that offence under section 167 of that Act; or

(ac)if the offence has been committed against section 40(1A) of the Local Government Act 1989, no more than 6 months after the date of service of the infringement notice in respect of that offence under section 40(3) of that Act; or".

25.New section 209A inserted

After section 209 of the Infringements Act 2006 insert—

"209A.Period for lodgement

(1)Despite section 55(ab), if an offence has been committed against section 166(1) of the Electoral Act 2002 and an infringement notice in respect of that offence has been served under section 167 of that Act during the period 1 November 2005 to 30 June 2006, on and from 1 July 2006, details of the infringement penalty and prescribed costs in respect of that offence may be lodged with an infringements registrar under section 54 no more than 12 months after the date of service of that infringement notice.

(2)Despite section 55(ac), if an offence has been committed against section 40(1A) of the Local Government Act 1989 and an infringement notice in respect of that offence has been served under section 40(3) of that Act during the period 1 November 2005 to 30 June 2006, on and from 1 July 2006, details of the infringement penalty and prescribed costs in respect of that offence may be lodged with an infringements registrar under section 54 no more than 12 months after the date of service of that infringement notice.".

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Part 11—Amendment of Judicial College of Victoria Act 2001

26.Definition of "judicial officer"

For paragraph (c) of the definition of "judicial officer" in section 3 of the Judicial College of Victoria Act 2001 substitute—

"(c)a magistrate or judicial registrar of the Magistrates' Court or a magistrate of the Children's Court; or".

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Part 12—Amendment of Juries Act 2000

27.Canvassing availability of prospective jurors

After section 29(4) of the Juries Act 2000 insert—

"(4A)The Juries Commissioner or a pool supervisor may enquire of persons called to a pool as to their availability for particular lengths of trials.".

28.Selection of panel from more than one pool

(1)In section 29(5) of the Juries Act 2000, for "the pool" substitute "a pool".

(2)In section 30(2)(a) of the Juries Act 2000, for "the pool" substitute "a pool or pools".

(3)In section 30(2)(b) of the Juries Act 2000, for "the pool" substitute "of a pool".

29.Jury panel may be split

(1)After section 30(4) of the Juries Act 2000 insert—

"(5)The proper officer may split the panel into two or more parts if he or she considers that it is not practicable for the whole panel to be present in the court at the one time or that it is expedient to do so for any other reason.".

(2)In section 31(1) of the Juries Act 2000, after "panel" insert ", or a part of a split panel,".

(3)In section 31(3) of the Juries Act 2000, after "the panel" insert  ", or the first part of a split panel,".

30.Calling of panel by numbers

(1)In section 31(2) of the Juries Act 2000, after "If" insert "panel members are to be identified by their names and".

(2)In section 31(3) of the Juries Act 2000, omit "for security or other reasons".

31.Transitional provision

After clause 13 of Schedule 6 to the Juries Act 2000 insert—

"14.Justice Legislation (Further Amendment) Act 2006

An amendment made to this Act by a provision of Part 12 of the Justice Legislation (Further Amendment) Act 2006 applies only to juries commenced to be empanelled on or after the commencement of that provision.".

__________________

Part 13—Amendment of Legal Profession Act 2004

32.Definitions

In section 1.2.1 of the Legal Profession Act 2004—

(a)in the definition of "law firm", in paragraph (b), after "lawyers;" insert "or";

(b)in the definition of "law firm", after paragraph (b) insert—

"(c)incorporated legal practices; or

(d)one or more incorporated legal practices and one or more Australian legal practitioners; or

(e)one or more incorporated legal practices and one or more Australian-registered foreign lawyers; or

(f)one or more incorporated legal practices, one or more Australian legal practitioners and one or more Australian-registered foreign lawyers;";

(c)in the definition of "practical legal training", for paragraph (b) substitute—

"(b)supervised legal training, whether involving articles of clerkship or otherwise; or".

33.Local practising certificates

(1)After section 2.4.3(5) of the Legal Profession Act 2004 insert—

"(6)A local legal practitioner whose practising certificate is subject to a condition referred to in sub-section (3)(b)(i), (ii) or (iv) is not required to hold a practising certificate that is subject to the condition referred to in sub-section (3)(b)(iii) to engage in legal practice as a volunteer at a community legal centre.

(7)A local legal practitioner whose practising certificate is subject to the condition referred to in sub-section (3)(b)(i) is not required—

(a)to hold a practising certificate that is subject to the condition referred to in sub-section (3)(b)(ii) to engage in legal practice as an employee of a law practice; or

(b)to hold a practising certificate that is subject to the condition referred to in sub-section (3)(b)(iv) to engage in legal practice as a corporate legal practitioner.".

(2)For section 2.4.9(4A) of the Legal Profession Act 2004 substitute—

"(4A)A fee or surcharge is not payable for a local practising certificate that authorises the holder to engage in legal practice only as a volunteer at a community legal centre.".

34.Supervised legal practice

(1)For section 2.4.18(1)(a) of the Legal Profession Act 2004 substitute—

"(a)if, to qualify for admission to the legal profession, the holder completed practical legal training—

(i)principally under the supervision of an Australian legal practitioner, whether involving articles of clerkship or otherwise; or

(ii)involving articles of clerkship principally under the supervision of a person other than an Australian legal practitioner in accordance with the admission rules—

a period or periods equivalent to 18 months' supervised legal practice, worked out under relevant regulations, after the day the holder's first practising certificate was granted; or".

(2)For section 2.4.18(3) of the Legal Profession Act 2004 substitute—

"(3)The Board may exempt a person or class of persons from the requirement for supervised legal practice under sub-section (1) or may reduce a period referred to in that sub-section for a person or class of persons, if satisfied that the person or persons do not need to be supervised or need to be supervised only for a shorter period, having regard to—

(a)the length and nature of any legal practice previously engaged in by the person or persons; and

(b)the length and nature of any legal practice engaged in by the supervisors (if any) who previously supervised the legal practice engaged in by the person or persons.

(4)An exemption under sub-section (3) may be given unconditionally or subject to any conditions that the Board thinks appropriate.

(5)This section does not apply to—

(a)the holder of a local practising certificate who is a barrister; or

(b)a person who held an Australian practising certificate at any time before 12 December 2005.

(6)Nothing in sub-section (5) prevents the Board or the Tribunal imposing a condition regarding supervised legal practice in relation to a person referred to in sub-section (5)(b).".

35.Interstate legal practitioners

(1)In section 2.4.35(1) of the Legal Profession Act 2004—

(a)for paragraph (a) substitute—

"(a)if, to qualify for admission to the legal profession, the interstate legal practitioner completed practical legal training—

(i)principally under the supervision of an Australian legal practitioner, whether involving articles of clerkship or otherwise; or

(ii)involving articles of clerkship principally under the supervision of a person other than an Australian legal practitioner in accordance with the admission rules—

the interstate legal practitioner has undertaken a period or periods equivalent to 18 months' supervised legal practice, worked out under relevant regulations, after the day the practitioner's first practising certificate was granted; or";

(b)in paragraph (b)—

(i)for "the practitioner" substitute "the interstate legal practitioner";

(ii)after "jurisdiction—" insert "the interstate legal practitioner has undertaken".

(2)For section 2.4.35(2) of the Legal Profession Act 2004 substitute—

"(2)Sub-section (1)—

(a)does not apply—

(i)to an interstate legal practitioner who engages in legal practice in this jurisdiction solely as a barrister; or

(ii)if the interstate legal practitioner is exempt from the requirement for supervised legal practice in the practitioner's home jurisdiction;

(b)applies only to the extent of a shorter period if the required period of supervised legal practice has been reduced for the practitioner in the practitioner's home jurisdiction.".

36.Trust money and trust accounts

(1)In section 3.3.52(2) of the Legal Profession Act 2004, for "law firm" substitute "law practice".

(2)After section 3.3.52(5) of the Legal Profession Act 2004 insert—

"(6)This section does not apply to a law practice in respect of an audit year in which the only trust money received by the law practice is transit money.".

(3)In section 3.3.54(1) of the Legal Profession Act 2004—

(a)omit "that is required to maintain a trust account";

(b)after "31 October" insert "if the law practice is required under section 3.3.52 to have those records examined".

37.Costs disclosure

(1)Insert the following definition in section 3.4.2 of the Legal Profession Act 2004—

' "sophisticated client" means a client to whom, because of section 3.4.12(1)(c) or (d), disclosure under section 3.4.9 or 3.4.10(1) is not or was not required;'.

(2)For section 3.4.12(1)(c) of the Legal Profession Act 2004 substitute—

"(c)if the client is—

(i)a law practice or an Australian legal practitioner; or

(ii)a public company, a subsidiary of a public company, a large proprietary company, a foreign company, a subsidiary of a foreign company or a registered Australian body (each within the meaning of the Corporations Act); or

(iii)a financial services licensee (within the meaning of that Act); or

(iv)a liquidator, administrator or receiver (as respectively referred to in that Act); or

(v)a partnership that carries on the business of providing professional services if the partnership consists of more than 20 members or if the partnership would be a large proprietary company (within the meaning of that Act) if it were a company; or

(vi)a proprietary company (within the meaning of that Act) formed for the purpose of carrying out a joint venture, if any shareholder of the company is a person to whom disclosure of costs is not required; or

(vii)an unincorporated group of participants in a joint venture, if any member of the group is a person to whom disclosure of costs is not required and if any other members of the group who are not such persons have indicated that they waive their right to disclosure; or

(viii)a Minister of the Crown in right of a jurisdiction or the Commonwealth acting in his or her capacity as such, or a government department or public authority of a jurisdiction or the Commonwealth;".

(3)At the end of section 3.4.14 of the Legal Profession Act 2004 insert—

"(2)A law practice is not required to make a disclosure under sub-section (1) to a sophisticated client.".

(4)For section 3.4.17(2), (3) and (4) of the Legal Profession Act 2004 substitute—

"(2)A law practice that does not disclose to a client anything required by this Division to be disclosed may not maintain proceedings against the client for the recovery of legal costs unless the costs have been reviewed under Division 7.

(3)If a law practice does not disclose to a client anything required by this Division to be disclosed and the client has entered into a costs agreement with the law practice, the client may also apply under section 3.4.32 for the costs agreement to be set aside.

(4)If a law practice does not disclose to a client anything required by this Division to be disclosed, then, on a review of the relevant legal costs, the amount of the costs may be reduced by an amount considered by the Taxing Master to be proportionate to the seriousness of the failure to disclose.

(5)If a law practice retains another law practice on behalf of a client and the first law practice fails to disclose something to the client solely because the retained law practice failed to disclose relevant information to the first law practice as required by section 3.4.10(2), then sub-sections (1) to (4)—

(a)do not apply to the legal costs owing to the first law practice on account of legal services provided by it, to the extent that the non-disclosure by the first law practice was caused by the failure of the retained law practice to disclose the relevant information; and

(b)do apply to the legal costs owing to the retained law practice.

(6)Failure by a law practice to comply with this Division is capable of constituting unsatisfactory professional conduct or professional misconduct on the part of any Australian legal practitioner or Australian-registered foreign lawyer involved in the failure.

(7)Sub-sections (1) and (2) do not apply if the legal costs are or have been the subject of a civil complaint under Chapter 4.".

(5)After section 3.4.27(4) of the Legal Profession Act 2004 insert—

"(4A)Sub-section (3)(c)(iii), (d) and (e) does not apply to a conditional costs agreement made with a sophisticated client.".

38.Billing and costs review

(1)For section 3.4.34(2) of the Legal Profession Act 2004 substitute—

"(2)A bill must be signed on behalf of a law practice—

(a)in any case, by an Australian legal practitioner or an employee of the law practice; or

(b)in the case of a barrister, by an approved clerk or an employee of an approved clerk authorised by the approved clerk.".

(2)After section 3.4.34(5) of the Legal Profession Act 2004 insert—

"(5A)Despite anything in sub-sections (2) to (5), a bill may be given to a client electronically if the client is a sophisticated client and requested the bill to be given electronically.".

(3)At the end of section 3.4.35 of the Legal Profession Act 2004 insert—

"(2)Sub-section (1) does not apply in relation to a sophisticated client.".

(4)In section 3.4.41(2)(b) of the Legal Profession Act 2004, for "section 3.4.48" substitute "section 3.4.38".

39.New section 3.4.48A inserted

After section 3.4.48 of the Legal Profession Act 2004 insert—

"3.4.48A.Contracting out of Division by sophisticated clients

A sophisticated client of a law practice may contract out of this Division.".

40.Lodgement of disputed legal costs with Commissioner

In section 4.3.3(1) of the Legal Profession Act 2004, for "21 days" substitute "28 days".

41.Distribution Account

In the Legal Profession Act 2004—

(a)in section 6.7.5(2)(b), for "6.7.10." substitute "6.7.10;";

(b)after section 6.7.5(2)(b) insert—

"(c)any amount paid by the Board under section 6.7.11A.";

(c)section 6.7.10(2) is repealed.

42.New section 6.7.11A inserted

After section 6.7.11 of the Legal Profession Act 2004 insert—

"6.7.11A.Further legal aid funding

(1)This section applies if, in a financial year, there is any amount standing to the credit of the Distribution Account (including any amount carried over from a previous financial year) after all amounts have been debited to that account for that year under section 6.7.5(2)(a) and (b).

(2)The Board may pay out of the Public Purpose Fund and into the Legal Aid Fund established under the Legal Aid Act 1978 an amount determined by the Board with the approval of the Attorney-General, not exceeding the amount standing to the credit of the Distribution Account referred to in sub-section (1).

(3)Sub-section (2) applies despite anything to the contrary in section 6.7.9.".

43.Transitional provisions

(1)For clause 2.2(4A) of Schedule 2 to the Legal Profession Act 2004 substitute—

"(4A)Sub-clause (4) does not apply to a local practising certificate that authorises the holder to engage in legal practice only as a volunteer at a community legal centre.".

(2)In Schedule 2 to the Legal Profession Act 2004, clauses 2.2(5) and 2.2(6) are repealed.

44.New Part 11 inserted in Schedule 2

After Part 10 of Schedule 2 to the Legal Profession Act 2004 insert—

'Part 11—Justice Legislation (Further Amendment) Act 2006

11.1Law firms

The definition of "law firm" in section 1.2.1 as amended by section 32 of the Justice Legislation (Further Amendment) Act 2006 is taken to have applied at all times on and after the commencement day.

11.2Conditions on local practising certificates

Sections 2.4.3(6) and 2.4.3(7) are taken to have applied at all times on and after the commencement day.

11.3Supervised legal practice

(1)The definition of "practical legal training" in section 1.2.1 as amended by section 32(c) of the Justice Legislation (Further Amendment) Act 2006 is taken to have applied at all times on and after the commencement day.

(2)Section 2.4.18 as amended by section 34 of the Justice Legislation (Further Amendment) Act 2006 is taken to have applied at all times on and after the commencement day.

(3)A reference in section 2.4.18(5)(b) to an Australian practising certificate includes a reference to a practising certificate granted under the old Act or any preceding corresponding enactment, or under the law of another jurisdiction.'.

__________________

Part 14—Amendment of magistrates' Court Act 1989

45.Persons who may witness statements to be tendered at committal proceedings

After clause 8(1)(b)(v) of Schedule 5 to the Magistrates' Court Act 1989 insert—

"(va)an officer at Australian Public Service level 5 or higher or an equivalent level who is a Fraud Investigator or Fraud Investigator Manager in the Commonwealth Services Delivery Agency (Centrelink); or

(vb)an officer at Australian Public Service level 5 or higher who is an Investigator or Senior Investigator in the Passport Fraud Section of the Department of Foreign Affairs and Trade; or".

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Part 15—Amendment of Professional Standards Act 2003

46.Definitions

(1)In section 4 of the Professional Standards Act 2003—

(a)after the definition of "business assets" insert—

' "costs" includes fees, charges, disbursements and expenses;';

(b)for the definition of "damages" substitute—

' "damages" means—

(a)damages awarded in respect of a claim or counter-claim or claim by way of set-off; or

(b)costs in or in relation to the proceedings ordered to be paid in connection with such an award (other than costs incurred in enforcing a judgment or incurred on an appeal made by a defendant); or

(c)any interest payable on the amount of those damages or costs;'.

(2)At the end of section 4 of the Professional Standards Act 2003 insert—

"(2)A reference in this Act to the amount payable under an insurance policy in respect of an occupational liability includes a reference to—

(a)defence costs payable in respect of a claim, or notification that may lead to a claim (other than reimbursement of the defendant for time spent in relation to the claim), but only if those costs are payable out of the one sum insured under the policy in respect of the occupational liability; and

(b)the amount payable under or in relation to the policy by way of excess.".

47.New section 23 substituted

For section 23 of the Professional Standards Act 2003 substitute—

"23.Limitation of liability by insurance arrangements

A scheme may provide that if a person to whom the scheme applies and against whom a proceeding relating to occupational liability is brought is able to satisfy the court that—

(a)the person has the benefit of an insurance policy insuring the person against the occupational liability to which the cause of action relates; and

(b)the amount payable under the policy in respect of that occupational liability is not less than the amount of the monetary ceiling specified in the scheme in relation to the class of person and the kind of work to which the cause of action relates—

the person is not liable in damages in relation to that cause of action above the amount of that monetary ceiling.".

48.Limitation of liability by reference to amount of business assets

(1)In section 24(a) of the Professional Standards Act 2003 omit "at the time at which the act or omission giving rise to the cause of action occurred".

(2)For section 24(b)(ii) of the Professional Standards Act 2003 substitute—

"(ii)the net current market value of the business assets and the amount payable under the policy in respect of that occupational liability, if combined, would total an amount that is not less than the amount of the monetary ceiling specified in the scheme in relation to the class of person and the kind of work to which the cause of action relates—".

49.Limitation of liability by multiple of charges

(1)For section 25(1)(a)(ii) of the Professional Standards Act 2003 substitute—

"(ii)under which the amount payable in respect of that occupational liability is not less than an amount (the limitation amount), being a reasonable charge for the services provided by the person or which the person failed to provide and to which the cause of action relates, multiplied by the multiple specified in the scheme in relation to the class of person and the kind of work to which the cause of action relates; or".

(2)For section 25(1)(c)(ii) of the Professional Standards Act 2003 substitute—

"(ii)the net current market value of the assets and the amount payable under the policy in respect of that occupational liability, if combined, would total an amount that is not less than the limitation amount—".

50.New section 28A inserted

After section 28 of the Professional Standards Act 2003 insert—

"28A.Liability in damages not reduced to below relevant limit

The liability in damages of a person to whom a scheme applies is not reduced below the relevant limitation imposed by a scheme in force under this Act because the amount available to be paid to the claimant under the insurance policy required for the purposes of this Act in respect of that liability is less than the relevant limitation.

Note:Section 4(2) permits a defence costs inclusive policy for the purposes of this Act, which may reduce the amount available to be paid to a client in respect of occupational liability covered by the policy.  Section 28A makes it clear that this does not reduce the cap on the liability of the scheme participant to the client, and accordingly the scheme participant will continue to be liable to the client for the amount of any difference between the amount payable to the client under the policy and the amount of the cap.".

51.Limit of occupational liability by schemes

(1)In section 30(2) of the Professional Standards Act 2003, for "the time of the relevant act or omission" substitute "the time at which the act or omission giving rise to the cause of action concerned occurred".

(2)In section 30(4) of the Professional Standards Act 2003, for "at the time of the relevant act or omission" substitute "at the time at which the act or omission giving rise to the cause of action concerned occurred".

52.New section 59 inserted

After section 58 of the Professional Standards Act 2003 insert—

'59.  Transitional provisions—Justice Legislation (Further Amendment) Act 2006

(1)In this section "the amending Act" means the Justice Legislation (Further Amendment) Act 2006.

(2)A scheme approved under this Act before the commencement of Part 15 of the amending Act is taken to be, and always to have been, a valid scheme if it would have been valid had the amendments made by the amending Act been in force when the scheme was approved.

(3)Anything done or omitted to be done in respect of such a scheme is taken to be, and always to have been, validly done or omitted.  In particular, an insurance policy required by this Act before a limitation on liability in damages of a person to whom such a scheme applies is reduced is taken to comply, and always to have complied, with this Act if it would have complied had the amendments made by the amending Act been in force when the policy was issued.

(4)This section extends to proceedings pending in a court on the commencement of Part 15 of the amending Act.'.

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Part 16—Amendment of Sex Offenders Registration Act 2004

53.Definitions

(1)In section 3 of the Sex Offenders Registration Act 2004, for the definition of "existing controlled registrable offender" substitute—

' "existing controlled registrable offender" means a person who, as a result of having been sentenced for a registrable offence committed when he or she was 18 years of age or older, was immediately before 1 October 2004—

(a)an inmate; or

(b)a detainee; or

(c)a forensic patient detained in custody under a custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(d)serving a sentence referred to in section 6C(1) of the Corrections Act 1986; or

(e)serving an order referred to in paragraph (a) of the definition of "community service order" in section 3; or

(f)serving an order referred to in paragraph (a) of the definition of "good behaviour bond" in section 3 under which the person is required to submit to strict supervision;

(g)serving a non-custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or

(h)in custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a), (b) or (c) or serving a sentence imposed or order made under the laws of a foreign jurisdiction that is equivalent to a sentence or order referred to in paragraph (d), (e), (f) or (g);'.

(2)In section 3 of the Sex Offenders Registration Act 2004, for the definition of "supervising authority" substitute—

' "supervising authority" means—

(a)the Secretary in relation to an offender serving—

(i)a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence; or

(ii)an order referred to in paragraph (a) of the definition of "good behaviour bond" in section 3 under which the person is required to submit to strict supervision; and

(b)the entity deemed by the regulations for the purposes of this definition to have custody of, or to be responsible for supervising, the class of offender to which any other offender belongs.'.

54.Consequential amendments

(1)In Note 4 at the foot of section 6(1) of the Sex Offenders Registration Act 2004, for "subject to supervision" substitute "serving the sentence".

(2)After section 75(1)(h) of the Sex Offenders Registration Act 2004 insert—

"(ha)prescribing an entity as the supervising authority in relation to a class of offender;".

(3)After section 75(2) of the Sex Offenders Registration Act 2004 insert—

"(3)Regulations made under section 75(1)(ha) may prescribe an entity as the supervising authority in relation to a class of offender even if the entity has no direct or actual supervision of offenders belonging to that class.".

55.New section 73B inserted

After section 73A of the Sex Offenders Registration Act 2004 insert—

"73B.Transitional provision—Justice Legislation (Further Amendment) Act 2006

The amendments of section 3 of this Act made by section 53 of the Justice Legislation (Further Amendment) Act 2006 do not affect the rights of the parties in the proceeding known as DPP v Neisser [2006] VSC 218 (No. 9544 of 2005) in the Supreme Court of Victoria.".

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Part 17—Amendment of Victorian Civil and Administrative Tribunal Act 1998

56.Summary dismissal of unjustified proceedings

In section 75(3)(c) of the Victorian Civil and Administrative Tribunal Act 1998 omit "senior".

57.Injunctions and declarations

(1)For section 123(2) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(2)The Tribunal's power to make an order under sub-section (1) is exercisable by a judicial member or a member who is a legal practitioner.".

(2)For section 124(2) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(2)The Tribunal's power to make a declaration under sub-section (1) is exercisable by a presidential member or a member who is a legal practitioner.".

(3)Part 17A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 is repealed.

58.Failing to comply with summons

After section 134(4) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(5)The Bail Act 1977 applies, with any necessary modifications, to and in respect of a person brought before the Tribunal under this section as if—

(a)the person were accused of an offence and were being held in custody in relation to that offence; and

(b)the Tribunal were a court within the meaning of that Act.".

59.Contempt

(1)For section 137(4) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(4)The Bail Act 1977 applies, with any necessary modifications, to and in respect of a person brought before the Tribunal under this section as if—

(a)the person were accused of an offence and were being held in custody in relation to that offence; and

(b)the Tribunal were a court within the meaning of that Act.".

(2)After section 137(5) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(5A)In considering whether, and the term for which, to commit a person to prison for a contempt, the Tribunal may have regard to the provisions of Part 2 of the Sentencing Act 1991 as if it were a court considering imposing a sentence of imprisonment in respect of an offence.".

60.New section 163 inserted

After section 162 of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"163.Transitional provision—Justice Legislation (Further Amendment) Act 2006

The amendment of this Act made by section 59 of the Justice Legislation (Further Amendment) Act 2006 only applies to contempts of the Tribunal alleged to have been committed on or after the commencement of that section.".

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Part 18—Amendment of Victorian Law Reform Commission Act 2000

61.Appointment of acting chairperson

In section 7(3) of the Victorian Law Reform Commission Act 2000, after "act as chairperson" insert "(whether on a full-time or part-time basis)".

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Part 19—Amendment of Working with Children Act 2005

62.What is child-related work?

(1)In section 9(1) of the Working with Children Act 2005, omit "on or after the relevant date in relation to that service, body, place or activity or 1 July 2011 (whichever is the earlier date)".

(2)In section 9(3) of the Working with Children Act 2005, after "result in work" insert ", or practical training, of a kind referred to in sub-section (1)".

(3)After section 9(3) of the Working with Children Act 2005 insert—

"(3A)Despite sub-section (1), for the purposes of sections 33 and 35 to 37, child-related work is only work, or practical training, of a kind referred to in sub-section (1) that is engaged in or undertaken, in connection with a service, body, place or activity specified in sub-section (3), on or after the relevant date in relation to that service, body, place or activity or 1 July 2011 (whichever is the earlier date).".

(4)At the foot of sections 33(1), 35(1), 36(1) and 37(1) of the Working with Children Act 2005 insert—

'Note:See section 9(3A) for the meaning of "child-related work" in this section.'.

63.Part 6 substituted

For Part 6 of the Working with Children Act 2005 substitute—

"Part 6—Transitional Provisions

50.Transitional provision—Justice Legislation (Further Amendment) Act 2006

(1)The amendments of this Act made by section 62 of the Justice Legislation (Further Amendment) Act 2006 do not affect any Order made under section 9(5) of this Act before the commencement of that section of that Act.

(2)Nothing in sub-section (1) limits section 14 of the Interpretation of Legislation Act 1984.".

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Part 20—Amendment of Fair Trading Act 1999 and Other Consumer Acts

64.Fair Trading Act 1999—entry or search with consent

For section 119(1)(d) of the Fair Trading Act 1999 substitute—

"(d)in the case of any document on the premises, if the inspector believes, on reasonable grounds, that it is connected with the alleged contravention, the inspector may do all or any of the following—

(i)require the document to be produced for examination;

(ii)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

(iii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

(e)make any still or moving image or audio-visual recording that the inspector believes, on reasonable grounds, is necessary for the purpose of establishing the alleged contravention.".

65.Fair Trading Act 1999—emergency entry

For section 121(2)(e) of the Fair Trading Act 1999 substitute—

"(e)in the case of any document on the premises, if the inspector believes on reasonable grounds that it is necessary to do so, the inspector may do all or any of the following—

(i)require the document to be produced for examination;

(ii)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

(iii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

(f)make any still or moving image or audio-visual recording if the inspector believes, on reasonable grounds, that it is necessary to do so.".

66.Fair Trading Act 1999—new section 121A inserted

After section 121 of the Fair Trading Act 1999 insert—

"121A.Entry without consent or warrant

(1)For the purpose of monitoring compliance with this Act or the regulations or an order made by a court or tribunal under this Act or the regulations, an inspector may, subject to sub-section (2)—

(a)enter and search any premises at which the inspector believes, on reasonable grounds—

(i)a person is conducting a business or supplying goods or services; or

(ii)a person is keeping a record or document that is required to be kept by this Act or the regulations or that may show whether or not this Act or the regulations are being complied with;

(b)examine anything found on the premises;

(c)take and keep samples of anything found on the premises if the inspector believes, on reasonable grounds, that it is connected with a contravention of this Act or the regulations;

(d)seize anything found on the premises or secure anything found on the premises against interference, if the inspector believes, on reasonable grounds, that it is connected with a contravention of this Act or the regulations;

(e)examine and test any equipment found on the premises that is of a kind used in connection with the supply of goods or services;

(f)in the case of any document on the premises, do all or any of the following—

(i)require the document to be produced for examination;

(ii)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

(iii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

(g)make any still or moving image or audio-visual recording;

(h)bring any equipment onto the premises that the inspector believes, on reasonable grounds, is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section.

(2)An inspector—

(a)must not exercise a power under sub-section (1) in any part of the premises that is used for residential purposes; and

(b)must not exercise a power under sub-section (1), except between the hours of 9 a.m. to 5 p.m., or when the premises are open for business.

(3)If an inspector exercises a power of entry under this section without the owner or occupier being present the inspector must, on leaving the premises, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of things done while on the premises; and

(d)the time of departure; and

(e)the procedure for contacting the Director for further details of the entry.".

67.Fair Trading Act 1999—search warrants

In section 122(2) of the Fair Trading Act 1999—

(a)in paragraph (b)—

(i)in sub-paragraph (iv) , for "samples of;" substitute "samples of—";

(ii)omit sub-paragraph (v);

(iii)for "alleged contravention." substitute "alleged contravention; and";

(b)after paragraph (b) insert—

"(c)in the case of any document of a particular kind, named or described in the warrant, if the inspector believes, on reasonable grounds, that it is connected with the alleged contravention, the inspector may do all or any of the following—

(i)require the document to be produced for inspection;

(ii)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

(iii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document; and

(d)make any still or moving image or audio-visual recording of anything of a particular kind, named or described in the warrant, that the inspector believes, on reasonable grounds, to be connected with the alleged contravention.".

68.Fair Trading Act 1999—new section 126A inserted

After section 126 of the Fair Trading Act 1999 insert—

"126A.Use or seizure of electronic equipment at premises

(1)If—

(a)while acting under section 121A, an inspector finds a thing at the premises that is or includes a disk, tape or other device for the storage of information; and

(b)there is at the premises equipment that may be used with the disk, tape or other storage device; and

(c)the inspector believes, on reasonable grounds, that information stored in the disk, tape or other storage device may be relevant to determine whether this Act or the regulations have been complied with—

the inspector may operate, or may require the occupier of the premises or an employee of the occupier to operate, the equipment to access the information.

(2)If the inspector finds that a disk, tape or other storage device at the premises contains information that the inspector believes, on reasonable grounds, stores information that is relevant to determine whether this Act or the regulations have been complied with, the inspector may—

(a)put the information in a documentary form and seize the documents so produced; or

(b)copy the information to another disk, tape or other storage device and remove that disk, tape or storage device from the premises; or

(c)if it is not practicable to put the information in a documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.

(3)An inspector must not operate or seize equipment for a purpose set out in this section unless the inspector believes, on reasonable grounds, that the operation can be carried out without damage to the equipment.".

69.Associations Incorporation Act 1981—section 37C substituted

For section 37C of the Associations Incorporation Act 1981 substitute—

"37C.Production of identity card

(1)An inspector must produce his or her identity card for inspection—

(a)before exercising a power under this Part other than a requirement made by post; and

(b)at any time during the exercise of a power under this Part, if asked to do so.

Penalty:10 penalty units.

(2)This section does not apply to the exercise of a power under section 37E.".

70.Associations Incorporation Act 1981—new section 37EA inserted

After section 37E of the Associations Incorporation Act 1981 insert—

"37EA.Entry without consent or warrant

(1)For the purpose of monitoring compliance with this Act or the regulations, an inspector may, subject to sub-section (2)—

(a)enter and search any premises at which the inspector believes, on reasonable grounds—

(i)an association is trading or supplying goods or services; or

(ii)a person is keeping a record or document that is required to be kept by this Act or the regulations or that may show whether or not this Act or the regulations are being complied with;

(b)examine anything found on the premises;

(c)seize anything found on the premises or secure anything found on the premises against interference, if the inspector believes, on reasonable grounds, that it is connected with a contravention of this Act or the regulations;

(d)examine and test any equipment found on the premises that is of a kind used in connection with the supply of goods or services;

(e)in the case of any document on the premises, do all or any of the following—

(i)require the document to be produced for examination;

(ii)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

(iii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

(f)make any still or moving image or audio-visual recording;

(g)bring any equipment onto the premises that the inspector believes, on reasonable grounds, is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section.

(2)An inspector—

(a)must not exercise a power under sub-section (1) in any part of the premises that is used for residential purposes; and

(b)must not exercise a power under sub-section (1), except between the hours of 9 a.m. to 5 p.m., or when the premises are open for business.

(3)If an inspector exercises a power of entry under this section without the owner or occupier being present the inspector must, on leaving the premises, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of things done while on the premises; and

(d)the time of departure; and

(e)the procedure for contacting the Director for further details of the entry.".

71.Associations Incorporation Act 1981—section 37M substituted

For section 37M of the Associations Incorporation Act 1981 substitute—

"37M.Protection against self-incrimination

(1)It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2)Despite sub-section (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.".

72.Associations Incorporation Act 1981—section 37P substituted

For section 37P of the Associations Incorporation Act 1981 substitute—

"37P.Entry to be reported to the Director

(1)If an inspector exercises a power of entry under this Part, the inspector must report the exercise of the power to the Director within 7 days after the entry.

(2)The report must include all relevant details of the entry including particulars of—

(a)the time and place of the entry; and

(b)the purpose of the entry; and

(c)the things done while on the premises, including details of things seized, copies made and extracts taken; and

(d)the time of departure from the premises.

37PA.Register of exercise of powers of entry

The Director must keep a register containing the particulars of all matters reported to the Director under section 37P.

37PB.Complaints

(1)Any person may complain to the Director about the exercise of a power by an inspector under this Part.

(2)The Director must—

(a)investigate any complaint made to the Director; and

(b)provide a written report to the complainant on the results of the investigation.".

73.Credit (Administration) Act 1984—section 27 substituted

For section 27 of the Credit (Administration) Act 1984 substitute—

"27.Entry without consent or warrant

(1)For the purpose of monitoring compliance with the Credit Acts or regulations under those Acts or an order made by a court or tribunal under a Credit Act or regulations made under a Credit Act, an inspector may, subject to sub-section (2)—

(a)enter and search any premises at which the inspector believes, on reasonable grounds—

(i)a person is conducting business or supplying goods or services; or

(ii)a person is keeping a record or document that is required to be kept by a Credit Act or regulations made under a Credit Act or that may show whether or not the Act or regulations are being complied with;

(b)examine anything found on the premises;

(c)take and keep samples of anything found on the premises if the inspector believes, on reasonable grounds, that it is connected with a contravention of a Credit Act or regulations made under a Credit Act;

(d)seize anything found on the premises or secure anything found on the premises against interference, if the inspector believes, on reasonable grounds, that it is connected with a contravention of a Credit Act or regulations made under a Credit Act;

(e)examine and test any equipment found on the premises that is of a kind used in connection with the supply of goods or services;

(f)in the case of any document on the premises, do all or any of the following—

(i)require the document to be produced for examination;

(ii)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

(iii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

(g)make any still or moving image or audio-visual recording;

(h)bring any equipment onto the premises that the inspector believes, on reasonable grounds, is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section.

(2)An inspector—

(a)must not exercise a power under sub-section (1) in any part of the premises that is used for residential purposes; and

(b)must not exercise a power under sub-section (1), except between the hours of 9 a.m. to 5 p.m., or when the premises are open for business.

(3)If an inspector exercises a power of entry under this section without the owner or occupier being present the inspector must, on leaving the premises, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of things done while on the premises; and

(d)the time of departure; and

(e)the procedure for contacting the Director for further details of the entry.".

74.Credit (Administration) Act 1984—section 38 substituted

For section 38 of the Credit (Administration) Act 1984 substitute—

"38.Protection against self-incrimination

(1)It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2)Despite sub-section (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.".

75.Credit (Administration) Act 1984—application of Fair Trading Act 1999

In section 40 of the Credit (Administration) Act 1984, for "Sections 120," substitute "Sections 116, 120,".

76.Estate Agents Act 1980—section 70U substituted

For section 70U of the Estate Agents Act 1980 substitute—

"70U.Protection against self-incrimination

(1)It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2)Despite sub-section (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.".

77.Estate Agents Act 1980—application of Fair Trading Act 1999

In section 70W of the Estate Agents Act 1980, after "Sections 120," insert "121A,".

78.Introduction Agents Act 1997—section 42 substituted

For section 42 of the Introduction Agents Act 1997 substitute—

"42.Production of identity card

(1)An inspector must produce his or her identity card for inspection—

(a)before exercising a power under this Part; and

(b)at any time during the exercise of a power under this Part, if asked to do so.

Penalty:10 penalty units.

(2)This section does not apply to the exercise of a power under section 43.".

79.Introduction Agents Act 1997—new section 44A inserted

After section 44 of the Introduction Agents Act 1997 insert—

"44A.Entry without consent or warrant

(1)For the purpose of monitoring compliance with this Act or the regulations or an order made by a court or tribunal under this Act or the regulations, an inspector may, subject to sub-section (2)—

(a)enter and search any premises at which the inspector believes, on reasonable grounds—

(i)a person is conducting a business or supplying goods or services; or

(ii)a person is keeping a record or document that is required to be kept by this Act or the regulations or that may show whether or not this Act or the regulations are being complied with;

(b)examine anything found on the premises;

(c)take and keep samples of anything found on the premises if the inspector believes, on reasonable grounds, that it is connected with a contravention of this Act or the regulations;

(d)seize anything found on the premises or secure anything found on the premises against interference, if the inspector believes, on reasonable grounds, that it is connected with a contravention of this Act or the regulations;

(e)examine and test any equipment found on the premises that is of a kind used in connection with the supply of goods or services;

(f)in the case of any document on the premises, do all or any of the following—

(i)require the document to be produced for examination;

(ii)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

(iii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

(g)make any still or moving image or audio-visual recording;

(h)bring any equipment onto the premises that the inspector believes, on reasonable grounds, is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section.

(2)An inspector—

(a)must not exercise a power under sub-section (1) in any part of the premises that is used for residential purposes; and

(b)must not exercise a power under sub-section (1), except between the hours of 9 a.m. to 5 p.m., or when the premises are open for business.

(3)If an inspector exercises a power of entry under this section without the owner or occupier being present the inspector must, on leaving the premises, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of things done while on the premises; and

(d)the time of departure; and

(e)the procedure for contacting the Director for further details of the entry.".

80.Introduction Agents Act 1997—sections 55 and 56 substituted

For sections 55 and 56 of the Introduction Agents Act 1997 substitute—

"55.Requirement to assist inspector during entry

To the extent that it is reasonably necessary to determine compliance with this Act or the regulations, an inspector exercising a power of entry under this Part who produces his or her identity card for inspection by the occupier of the premises or an agent or employee of the occupier may require that person—

(a)to give information to the inspector, orally or in writing; and

(b)to produce documents to the inspector; and

(c)to give reasonable assistance to the inspector.

56.Refusal or failure to comply with requirement

A person must not, without reasonable excuse, refuse or fail to comply with a requirement of an inspector under this Part.

Penalty:60 penalty units.

56A.Protection against self-incrimination

(1)It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2)Despite sub-section (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.

56B.Entry to be reported to the Director

(1)If an inspector exercises a power of entry under this Part, the inspector must report the exercise of the power to the Director within 7 days after the entry.

(2)The report must include all relevant details of the entry including particulars of—

(a)the time and place of the entry; and

(b)the purpose of the entry; and

(c)the things done while on the premises, including details of things seized, samples taken, copies made and extracts taken; and

(d)the time of departure from the premises.

56C.Register of exercise of powers of entry

The Director must keep a register containing the particulars of all matters reported to the Director under section 56B.

56D.Complaints

(1)Any person may complain to the Director about the exercise of a power by an inspector under this Part.

(2)The Director must—

(a)investigate any complaint made to the Director; and

(b)provide a written report to the complainant on the results of the investigation.".

81.Motor Car Traders Act 1986—section 82AH substituted

For section 82AH of the Motor Car Traders Act 1986 substitute—

"82AH.Entry without consent or warrant

(1)For the purpose of monitoring compliance with this Act or the regulations or an order made by a court or tribunal under this Act or the regulations, an inspector may, subject to sub-section (2)—

(a)enter and search any premises at which the inspector believes, on reasonable grounds—

(i)a person is conducting a business or supplying goods or services; or

(ii)a person is keeping a record or document that is required to be kept by this Act or the regulations or that may show whether or not this Act or the regulations are being complied with;

(b)examine anything found on the premises;

(c)take and keep samples of anything found on the premises if the inspector believes, on reasonable grounds, that it is connected with a contravention of this Act or the regulations;

(d)seize anything found on the premises or secure anything found on the premises against interference, if the inspector believes, on reasonable grounds, that it is connected with a contravention of this Act or the regulations;

(e)examine and test any equipment found on the premises that is of a kind used in connection with the supply of goods or services;

(f)in the case of any document on the premises, do all or any of the following—

(i)require the document to be produced for examination;

(ii)examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts to be done on the premises or elsewhere;

(iii)remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

(g)make any still or moving image or audio-visual recording;

(h)bring any equipment onto the premises that the inspector believes, on reasonable grounds, is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section.

(2)An inspector—

(a)must not exercise a power under sub-section (1) in any part of the premises that is used for residential purposes; and

(b)must not exercise a power under sub-section (1), except between the hours of 9 a.m. to 5 p.m., or when the premises are open for business.

(3)If an inspector exercises a power of entry under this section without the owner or occupier being present the inspector must, on leaving the premises, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of things done while on the premises; and

(d)the time of departure; and

(e)the procedure for contacting the Director for further details of the entry.".

82.Motor Car Traders Act 1986—section 82AS substituted

For section 82AS of the Motor Car Traders Act 1986 substitute—

"82AS.Protection against self-incrimination

(1)It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2)Despite sub-section (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.".

83.Second-Hand Dealers and Pawnbrokers Act 1989—amendment of inspection powers

In section 26X of the Second-Hand Dealers and Pawnbrokers Act 1989, for "Sections 120," substitute "Sections 116, 120, 121A, 133,".

84.Travel Agents Act 1986—amendment of inspection powers

In section 39W of the Travel Agents Act 1986, for "Sections 120," substitute "Sections 116, 120, 121A, 133,".

__________________

Part 21—Statute Law Revision

85.City of Melbourne Act 2001

In section 19(6) of the City of Melbourne Act 2001, for "(13)" substitute "(4)".

86.Confiscation Act 1997

In section 3(1) of the Confiscation Act 1997, in paragraph (f) of the definition of "financial institution", for "Part 2 of the Gaming and Betting Act 1994" substitute "Part 3 of Chapter 4 of the Gambling Regulation Act 2003".

87.Drugs, Poisons and Controlled Substances (Amendment) Act 2006

In section 20 of the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, in proposed new Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981, in the item relating to "AMPHETAMINE", in Column 2B, for "30`0 g" substitute "30∙0 g".

88.Professional Standards Act 2003

In section 13(2)(b) of the Professional Standards Act 2003, for "to or" substitute "to".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 24 August 2006

Legislative Council: 3 October 2006

The long title for the Bill for this Act was "to amend the Associations Incorporation Act 1981, the Attorney-General and Solicitor-General Act 1972, the Casino Control Act 1991, the City of Melbourne Act 2001, the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995, the Confiscation Act 1997, the Corrections and Sentencing Acts (Home Detention) Act 2003, the Council of Law Reporting in Victoria Act 1967, the Credit (Administration) Act 1984, the Drugs, Poisons and Controlled Substances (Amendment) Act 2006, the Equal Opportunity Act 1995, the Estate Agents Act 1980, the Fair Trading Act 1999, the Gambling Regulation Act 2003, the Infringements Act 2006, the Introduction Agents Act 1997, the Judicial College of Victoria Act 2001, the Juries Act 2000, the Legal Profession Act 2004, the Magistrates' Court Act 1989, the Motor Car Traders Act 1986, the Professional Standards Act 2003, the Second-Hand Dealers and Pawnbrokers Act 1989, the Sex Offenders Registration Act 2004, the Travel Agents Act 1986, the Victorian Civil and Administrative Tribunal Act 1998, the Victorian Law Reform Commission Act 2000 and the Working with Children Act 2005 and for other purposes."