Regulatory Legislation Amendment (Reform) Act 2022 (Vic)

Regulatory Legislation Amendment (Reform) Act 2022

No. 13 of 2022

table of provisions

Section Page

Part 1—Preliminary

1Purposes
2Commencement

Part 2—Amendment of Child Wellbeing and Safety Act 2005

3Amendments to Schedule 5
4Statute law revision amendments

Part 3—Amendment of Children's Services Act 1996

5Conditions on service approval

Part 4—Amendment of Education and Care Services National Law Act 2010

6Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction
7Matters to be taken into account in assessing whether fit and proper person
8Grant or refusal of provider approval
9Condition on service approval
10Transfer may be subject to intervention by Regulatory Authority
11Powers of entry for assessing and monitoring approved education and care service
12Application of Commonwealth FOI Act
13Disclosure of information to approved providers
14Statute law revision amendments

Part 5—Amendment of Education and Training Reform Act 2006

15Duration, renewal, reinstatement and extension of registration
16Definitions
17Jurisdiction

Part 6—Amendment of Electoral Act 2002

18Definitions
19Statute law revision
20Commission to make particulars of candidates available
21Nomination of candidates
22Provisions relating to scrutineers
23Application to vote by post
24Early processing of votes under sections 99 and 106
25Recount of ballot-papers before declaration of election
26Exhibit of notice or sign within 100 metres of entrance to voting centre
27Statute law revision

Part 7—Amendment of Electoral Boundaries Commission Act 1982

28Section 10A amended
29Repeal of sections 18 and 19
30Repeal of Schedule

Part 8—Amendment of Financial Management Act 1994

31New Part 7C inserted
32Regulations

Part 9—Amendment of Housing Act 1983

33Changes to information recorded in the Register
34Annual reports
35Declarations by registered agency

Part 10—Amendment of Industrial Relations Legislation Amendment Act 2021

36Who is an employee?

Part 11—Amendment of Interpretation of Legislation Act 1984

37Definitions
38New sections 38M to 38P inserted
39New Part VI inserted

Part 12—Amendment of Local Government Act 2020

Division 1—General amendments

40Governance Rules
41Council meetings
42Meetings to be open to the public unless specified circumstances apply
43Specific provisions apply to existing regional libraries

Division 2—Amendments relating to extension of COVID-19 temporary measures

44Definitions
45Repeal of Part

Part 13—Amendment of Parliamentary Committees Act 2003

46Sittings

Part 14—Amendment of Pharmacy Regulation Act 2010

47Licence renewal—application and fee
48New section 43A inserted
49Registration renewal: application and fee
50New section 52A inserted
51Procedure of a panel
52Identification
53Special power of entry to pharmacies
54Resolutions without meetings
55Approved methods of communication for Authority

Part 15—Amendment of Public Health and Wellbeing Act 2008

56Definitions

Part 16—Amendment of Tobacco Act 1987

57Appointment of persons as inspectors
58New section 36AA inserted
59Amendment of Schedule—Infringement offences
60Statute law revision amendments

Part 17—Minor and technical amendments to other Acts

Division 1—Amendments to Acts in relation to references to COAG

61Health (Commonwealth State Funding Arrangements) Act 2012
62Offshore Petroleum and Greenhouse Gas Storage Act 2010

Division 2—Amendment of Education Acts in relation to references to the Ministerial Council

63Education and Care Services National Law Act 2010
64Education and Training Reform Act 2006

Division 3—Amendment of other Acts in relation to references to the Ministerial Council

65Biological Control Act 1986
66Electricity Industry Act 2000
67Freedom of Information Act 1982
68Gas Industry Act 2001
69Health (Commonwealth State Funding Arrangements) Act 2012
70Offshore Petroleum and Greenhouse Gas Storage Act 2010

Division 4—Amendments to Acts in relation to references to Fair Work Australia and related terms

71Country Fire Authority Act 1958
72Disability Act 2006
73Equal Opportunity Act 2010
74Offshore Petroleum and Greenhouse Gas Storage Act 2010
75Pre-school Teachers and Assistants (Leave) Act 1984
76Public Sector Employment (Award Entitlements) Act 2006

Part 18—Amendment of Essential Services Commission Act 2001

77Delegation

Part 19—Repeal of this Act

78Repeal of this Act

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Endnotes

1 General information

Regulatory Legislation Amendment (Reform) Act 2022

No. 13 of 2022

[Assented to 29 March 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes
The purposes of this Act are—
(a)to amend the Child Wellbeing and Safety Act 2005 to make minor amendments to that Act; and
(b)to amend the Children's Services Act 1996 to make minor amendments to that Act; and
(c)to amend the Education and Care Services National Law Act 2010 to make minor amendments to that Act; and
(d)to amend the Education and Training Reform Act 2006—
(i)to provide that the Victorian Institute of Teaching may extend the period of all registrations and permissions to teach under Part 2.6 of that Act by 12 months, except interim registrations; and
(ii)to make a minor amendment in regard to the courts or other bodies that may determine questions of compensation for volunteer school workers; and

(e)to amend the Electoral Act 2002—
(i)to change the timing of, and provide for the presence of scrutineers during, the processing of early votes; and
(ii)to require the Victorian Electoral Commission to give notice to certain persons before a recount of ballot‑papers; and
(iii)to prohibit the distribution of applications to vote by post by persons other than the Victorian Electoral Commission; and
(iv)to further provide for the display of signs at the designated entrance of a voting centre; and
(v)to prohibit the display of mobile billboards within 100 metres of an entrance to an early voting centre; and

(f)to amend the Electoral Boundaries Commission Act 1982—
(i)to change the publication requirement for, and availability of, maps of the boundaries of proposed electoral regions; and
(ii)to repeal certain provisions in that Act; and

(g)to amend the Financial Management Act 1994 to provide for the waiver, refund, deferral or reduction of a fee or charge under Victorian legislation due to financial hardship or special circumstances in emergencies; and
(h)to amend the Housing Act 1983 to make minor amendments to the timeframes for providing, and certification of, certain self‑assessment and financial performance reports and specified declarations; and
(i)to amend the Industrial Relations Legislation Amendment Act 2021 to correct 2 Schedule references; and
(j)to amend the Interpretation of Legislation Act 1984 to provide for requirements in legislation to publish notices in print newspapers to be satisfied by publication on an approved website or other platform; and
(k)to amend the Local Government Act 2020—
(i)to provide for attendance and participation in Council meetings and delegated committees by electronic means of communication; and
(ii)to change the requirements for attendance at meetings of a governing body of a regional library; and

(l)to amend the Parliamentary Committees Act 2003—
(i)to clarify when a Joint Investigatory Committee may use an audio link or audio visual link; and
(ii)to further provide for members of a Joint Investigatory Committee participating in a meeting by audio link or audio visual link; and

(m)to amend the Pharmacy Regulation Act 2010—
(i)to provide for late lodgement of applications for renewal of licences and registrations; and
(ii)to provide for inspections to be carried out, and panel hearings and Authority meetings to be held, by audio visual link; and

(n)to amend the Public Health and Wellbeing Act 2008 to clarify the meaning of a person in charge; and
(o)to amend the Tobacco Act 1987—
(i)to provide for additional classes of person that may be appointed as inspectors to enforce that Act; and
(ii)to provide that certain inspectors may enforce that Act in alpine resort areas; and
(iii)to provide for an additional infringement offence; and

(p)to amend the Essential Services Commission Act 2001 in relation to delegation powers; and
(q)to make minor and technical amendments to other Acts.

2Commencement
(1)This Part comes into operation on the day on which this Act receives the Royal Assent.
(2)Part 10 is taken to have come into operation on 31 December 2021.
(3)The remaining provisions of this Act (except Part 6, Part 11, Division 1 of Part 12 and Part 13) come into operation on the day after the day on which this Act receives the Royal Assent.
(4)Part 13 comes into operation on 25 April 2022.
(5)Division 1 of Part 12 comes into operation on 2 September 2022.
(6)Subject to subsections (7) and (8), Part 6 and Part 11 come into operation on a day or days to be proclaimed.
(7)If a provision of Part 6 does not come into operation before 1 June 2022, it comes into operation on that day.
(8)If a provision of Part 11 does not come into operation before 31 July 2022, it comes into operation on that day.

Part 2—Amendment of Child Wellbeing and Safety Act 2005

3Amendments to Schedule 5
In Schedule 5 to the Child Wellbeing and Safety Act 2005—
(a)in item 3, after "approved provider" insert "of an approved education and care service";
(b)in item 4, for "A children's" substitute "An approved provider of an approved children's".

4Statute law revision amendments
In section 47(2) of the Child Wellbeing and Safety Act 2005—
(a)in paragraph (a), for "application;" substitute "application; and";
(b)in paragraph (b), for "circumstances;" substitute "circumstances; and";
(c)in paragraph (c), for "bodies;" substitute "bodies; and";
(d)in paragraph (d), for "person;" substitute "person; and".

Part 3—Amendment of Children's Services Act 1996

5Conditions on service approval
In section 50(2) of the Children's Services Act 1996, for "service must" substitute "approved provider must".

Part 4—Amendment of Education and Care Services National Law Act 2010

6Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction
In section 6(1) of the Education and Care Services National Law Act 2010, in the definition of child protection law, after "2005" insert ", the Child Wellbeing and Safety Act 2005 and the Family Violence Protection Act 2008".
7Matters to be taken into account in assessing whether fit and proper person
In section 13(2)(d) of the Education and Care Services National Law in the Schedule to the Education and Care Services National Law Act 2010—
(a)in subparagraph (i), for "section 200" substitute "section 195H";
(b)in subparagraph (ii), for "section 201A" substitute "section 197A";
(c)in subparagraph (iii), for "section 219TSI" substitute "section 219WA".

8Grant or refusal of provider approval
In the note at the foot of section 15(3) of the Education and Care Services National Law in the Schedule to the Education and Care Services National Law Act 2010, for "section 14(3)" substitute "section 14".
9Condition on service approval
In section 51(3) of the Education and Care Services National Law in the Schedule to the Education and Care Services National Law Act 2010, for "service must" substitute "approved provider must".
10Transfer may be subject to intervention by Regulatory Authority
In section 62(1)(b) of the Education and Care Services National Law in the Schedule to the Education and Care Services National Law Act 2010, for "operates" substitute "operates or has operated".
11Powers of entry for assessing and monitoring approved education and care service
In section 197(3) of the Education and Care Services National Law in the Schedule to the Education and Care Services National Law Act 2010, for "to being used" substitute "to be used".
12 Application of Commonwealth FOI Act
In section 264(2)(a) of the Education and Care Services National Law in the Schedule to the Education and Care Services National Law Act 2010, for "Victorian" substitute "Australian".
13Disclosure of information to approved providers
In the heading to section 272 of the Education and Care Services National Law in the Schedule to the Education and Care Services National Law Act 2010, for "education and care services" substitute "approved providers".
14Statute law revision amendments
(1)In section 8 of the Education and Care Services National Law Act 2010, for "Early Childhood Development" substitute "Training".
(2)In section 9(2) of the Education and Care Services National Law Act 2010, for "Early Childhood Development" substitute "Training".

Part 5—Amendment of Education and Training Reform Act 2006

15Duration, renewal, reinstatement and extension of registration
(1)In the heading to section 2.6.17 of the Education and Training Reform Act 2006, for "and reinstatement" substitute ", reinstatement and extension".
(2)In section 2.6.17(3) of the Education and Training Reform Act 2006, after "any registration" insert "under this Part".
(3)For section 2.6.17(4) of the Education and Training Reform Act 2006 substitute—
"(4)In this section registration does not include interim registration under section 2.6.12 or 2.6.12G.".

16Definitions
In section 5.6.1(1) of the Education and Training Reform Act 2006 insert the following definition—
"Accident Compensation Conciliation Service has the same meaning as in the Workplace Injury Rehabilitation and Compensation Act 2013;".

17Jurisdiction
In section 5.6.4 of the Education and Training Reform Act 2006—
(a)in paragraph (a), for "and VCAT" substitute ", VCAT and the Accident Compensation Conciliation Service";
(b)in paragraph (b), for "or VCAT" substitute ", VCAT or the Accident Compensation Conciliation Service".

Part 6—Amendment of Electoral Act 2002

18Definitions
In section 3 of the Electoral Act 2002 insert the following definitions—
"contact person means a person included on a nomination form under section 69(3)(bb);
mobile billboard means any billboard that is capable of being displayed while being transported by any means (including by a motor vehicle, utility vehicle, motorcycle or a person);".

19Statute law revision
In the heading to section 19B of the Electoral Act 2002, for "notifcation" substitute "notification".
20Commission to make particulars of candidates available
After section 68(a) of the Electoral Act 2002 insert—
"(ab)the name and contact details of any contact person included on a candidate's nomination form; and".

21Nomination of candidates
After section 69(3)(ba) of the Electoral Act 2002 insert—
"(bb)includes a contact person for the candidate; and".

22Provisions relating to scrutineers
In section 76(2) of the Electoral Act 2002, after "sections" insert "110J,".

23Application to vote by post
After section 101(3) of the Electoral Act 2002 insert—
"(3A)Subject to subsection (3B), a person other than the Commission must not distribute an application to vote by post to an elector.
Penalty:1 penalty unit.

(3B)It is not an offence under subsection (3A) for a person to make available at a post office an application to vote by post provided by the Commission.".

24Early processing of votes under sections 99 and 106
(1)After section 110J(2)(b) of the Electoral Act 2002 insert—
"(ba)in the presence of any scrutineer; and".

(2)In section 110J(6) of the Electoral Act 2002, in paragraph (a) of the definition of authorised period, for "2" substitute "10".
25Recount of ballot-papers before declaration of election
After section 120(5) of the Electoral Act 2002 insert—
"(6)The Commission must give written notice at least 4 hours before a recount of allowed ballot-papers to the following—
(a)each candidate who is specified on the ballot-paper;
(b)the contact person of each candidate who is—
(i)not endorsed by a registered political party; and
(ii)specified on the ballot-paper;
(c)the registered officer of each registered political party that has endorsed a candidate who is specified on the ballot-paper.

(7)A written notice under subsection (6) must specify—
(a)that the Commission has decided to recount the allowed ballot-papers; and
(b)the date and time of the recount; and
(c)the location of the recount; and
(d)the name of the region or district for which the recount is to be conducted.

(8)A written notice under subsection (6) may specify any other details the Commission considers relevant.".

26Exhibit of notice or sign within 100 metres of entrance to voting centre
(1)In section 158A(1) of the Electoral Act 2002, after "excluding any" insert "prescribed exempted premises, any".
(2)In section 158A(2) of the Electoral Act 2002, for "subsection (3)" substitute "subsections (3), (3A) and (3B)".
(3)In section 158A(3) of the Electoral Act 2002, for "A candidate or registered political party" substitute "Subject to subsection (3A), a candidate".
(4)After section 158A(3) of the Electoral Act 2002 insert—
"(3A)If a registered political party has endorsed 2 or more candidates for the Council in an election, no more than 2 signs in total may be displayed by those candidates not exceeding—
(a)600 millimetres by 900 millimetres; or
(b)if another size is prescribed by the regulations, the prescribed size—

at each designated entrance to the grounds in which the voting centre is situated.
(3B)In addition to subsections (3) and (3A), a registered political party may display no more than 2 signs not exceeding—
(a)600 millimetres by 900 millimetres; or
(b)if another size is prescribed by the regulations, the prescribed size—

at each designated entrance to the grounds in which the voting centre is situated.
(3C)A person must not display a mobile billboard within 100 metres of a designated entrance to the grounds in which the voting centre is situated.".

(5)After section 158A(6) of the Electoral Act 2002 insert—
"(7)Each registered political party and candidate who is not endorsed by a registered political party, by written notice to the Commission, must nominate a designated person who is responsible for any notices or signs displayed by the party or candidate (as the case may be) at the designated entrance.
(8)A notice under subsection (7) must—
(a)specify the contact details of the designated person; and

(b)be given to the Commission—
(i)in the case of a registered political party, before noon of the day before the final nomination day; or

(ii)in the case of a candidate who is not endorsed by a registered political party, before noon on the final nomination day.".

27Statute law revision
In section 206(1) of the Electoral Act 2002—
(a)in the definition of statement, for "208." substitute "208;";
(b)in the definition of third party campaigner, for "year;" substitute "year.".

Part 7—Amendment of Electoral Boundaries Commission Act 1982

28Section 10A amended
(1)Insert the following heading to section 10A of the Electoral Boundaries Commission Act 1982—
"Map to be published".
(2)In section 10A of the Electoral Boundaries Commission Act 1982, for "exhibited at the municipal office of every municipal council within the meaning of the Local Government Act 2020 in the proposed electoral region" substitute "published on the Internet site of the Commission".
(3)At the end of section 10A of the Electoral Boundaries Commission Act 1982 insert—
"(2)The Commission must give a copy of a map referred to in subsection (1) to a person at that person's request.".

29Repeal of sections 18 and 19
Sections 18 and 19 of the Electoral Boundaries Commission Act 1982 are repealed.
30Repeal of Schedule
The Schedule to the Electoral Boundaries Commission Act 1982 is repealed.

Part 8—Amendment of Financial Management Act 1994

31New Part 7C inserted
After Part 7B of the Financial Management Act 1994 insert—
"Part 7C—Power to waive, defer, refund or reduce fees and charges under Acts, statutory rules and other subordinate instruments
54QApplication of this Part
This Part applies during any emergency period.
54RDefinitions for this Part
In this Part—
emergency means—
(a)a state of disaster declaration under section 23 of the Emergency Management Act 1986;
(b)a state of emergency declared under the Public Health and Wellbeing Act 2008 or any pandemic declaration or pandemic order under that Act;
(c)a proclamation of emergency under section 4(1) of the Essential Services Act 1958;

emergency period means the period commencing with an emergency and ending 6 months after the end of the emergency;
fee or charge collector means any entity that collects fees or charges under any Act, statutory rule or other subordinate instrument where the fees or charges are payable into—
(a)the Consolidated Fund; or
(b)any other fund established by or under an Act.

54SFee or charge collector may waive, defer, refund or reduce fees and charges
(1)A fee or charge collector may waive, defer, refund or reduce any fees and charges payable to the fee or charge collector under any Act, statutory rule or other subordinate instrument if, due to an emergency—
(a)an entity or class of entity is suffering financial hardship; or

Note
The Interpretation of Legislation Act 1984 provides that entity includes a person and an unincorporated body.
(b)special circumstances exist.

(2)A waiver, deferral, refund or reduction under subsection (1)—
(a)must be in accordance with any guidelines published by the Treasurer for the purposes of this Part; and
(b)subject to those guidelines and any regulations—
(i)is at the discretion of the fee and charge collector in relation to the following—
(A)the type of fee or charge to which the waiver, deferral, refund or reduction applies;
(B)the timing or duration of any waiver, deferral, refund or reduction, including dates for any deferred payments;

(ii)may be a waiver, deferral, refund or reduction in whole or in part or any combination of those actions; and
(iii)may apply to any entity or a class of entity.

(3)A fee or charge may be waived, deferred, refunded or reduced in accordance with this Part regardless of whether it falls due or is payable in whole or in part during any emergency period.
54TPayment of refunds
If a refund of a fee or charge is made under this Part—
(a)if the fee or charge had been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or
(b)if the fee or charge had been paid into another fund or account, it is to be refunded from that fund or account.

54UTreasurer may make and publish guidelines
(1)The Treasurer may make guidelines on—
(a)the application of the powers of a fee and charge collector under this Part; and
(b)the waiver, deferral, refund or reduction in whole or in part of any fee or charge payable under any Act, statutory rule or other subordinate instrument either—
(i)in accordance with this Part; or
(ii)generally; and
(c)any other matter relating to the operation of this Part.

(2)The guidelines under subsection (1) must be published on an appropriate Internet site.
54VPart does not limit other powers
(1)Nothing in this Part limits any other power under any Act, statutory rule or other subordinate instrument which a fee and charge collector or any other entity may have to waive, defer, refund or reduce any fees and charges.
(2)If a power to waive, defer, refund or reduce any fees and charges payable to a fee or charge collector under any Act, statutory rule or other subordinate instrument exists under that Act, statutory rule or other subordinate instrument, this Part only applies to the extent that the fee and charge collector cannot exercise that power under that Act, statutory rule or other subordinate instrument.".

32Regulations
After section 59(1)(d) of the Financial Management Act 1994 insert—
"(da)prescribing any matter for the purposes of Part 7C, including, but not limited to, the following—
(i)matters to be considered before a decision is made on waiver, deferral, refund or reduction under Part 7C;
(ii)when waiver, deferral, refund or reduction under Part 7C is appropriate or not appropriate;
(iii)communication regarding waiver, deferral, refund or reduction under Part 7C;
(iv)additional requirements in relation to collection of certain types of fees or charges or fees and charges above or below a specified monetary threshold;
(v)any procedural matters relating to waiver, deferral, refund or reduction under Part 7C;".

Part 9—Amendment of Housing Act 1983

33Changes to information recorded in the Register
In section 91 of the Housing Act 1983, for "14" substitute "28".
34Annual reports
For section 105(4) of the Housing Act 1983 substitute—
"(4)A report referred to in subsection (1)(a) must—
(a)be certified by the board of directors of the registered agency; and
(b)be provided to the Registrar by 31 October in each year.

(5)A report referred to in subsection (1)(b) must be provided to the Registrar in each year not more than 14 days after the annual general meeting of the registered agency.".

35Declarations by registered agency
In section 106(2) of the Housing Act 1983, for "28" substitute "14".

Part 10—Amendment of Industrial Relations Legislation Amendment Act 2021

36Who is an employee?
In section 62(1) and (2) of the Industrial Relations Legislation Amendment Act 2021, for "Schedule 2" substitute "Schedule 3".

Part 11—Amendment of Interpretation of Legislation Act 1984

37Definitions
In section 38 of the Interpretation of Legislation Act 1984 insert the following definition—
"approved alternative publication Internet site means an Internet site approved under section 38N;".

38New sections 38M to 38P inserted
After section 38L of the Interpretation of Legislation Act 1984 insert—
38MSatisfying print newspaper publication requirements "
(1)If an Act, a statutory rule or any other subordinate instrument requires notice (however described) to be published in a print newspaper circulating generally in Victoria that requirement is taken to have been met, for all purposes, if the notice is published—
(a)on an approved alternative publication Internet site; or
(b)in a prescribed manner; or
(c)on a prescribed platform.

(2)Without limiting subsection (1), any requirement under an Act, a statutory rule or any other subordinate instrument to provide a copy of a notice published in a print newspaper or to distribute or use a notice published in a print newspaper for any purpose is taken to have been met by providing, distributing or using an electronic notice published in accordance with subsection (1).
(2A)For the avoidance of doubt, subsections (1) and (2) do not apply to any requirement under an Act, a statutory rule or any other subordinate instrument to provide for the publication of a notice published in a print newspaper in a particular locality.
(3)The regulations may exempt an entity or a class of entity or a document (including an Act, a statutory rule or any other subordinate instrument) or class of document from the application of this section.
(4)Nothing in this section—
(a)limits the manner or form in which any notice required to be published by an Act, a statutory rule or other subordinate instrument may be published; or
(b)exempts any entity from complying with any other obligation or requirement under the Act, statutory rule or other subordinate instrument to which the notice relates in relation to the publication of the notice other than in a print newspaper.

38NMinister may approve alternative publications Internet site
The Minister, by notice published in the Government Gazette, may declare one or more Internet sites to be an approved alternative publication Internet site on which publications can be made for the purposes of section 38M.

38OMinister may make and publish guidelines
(1)The Minister may make guidelines on—
(a)the use of any approved alternative publication Internet site for the purposes of publication of notices; and
(b)the requirements to be complied with in relation to the publication of notices so as to satisfy publication under section 38M; and
(c)any other matter relating to the publication of notices under section 38M.

(2)The guidelines under subsection (1)—
(a)must be published in the Government Gazette and on an approved alternative publication Internet site (if any); and
(b)may also be published in any other manner that the Minister considers appropriate.

38PEntities to have regard to guidelines
Any Department, public statutory authority or any prescribed entity that is responsible under an Act, a statutory rule or any other subordinate instrument for the publication of a notice (however described) must have regard to the guidelines made under section 38O when publishing any notice by electronic means.".

39New Part VI inserted
After Part V of the Interpretation of Legislation Act 1984 insert—
"Part VI—General
65Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)exempting an entity or a class of entity or a document (including an Act, a statutory rule or any other subordinate instrument) or class of document from the application of section 38M;
(b)prescribing matters relating to the location or format of electronic publication under section 38M;
(c)any matter or thing required to be prescribed by this Act or necessary to be prescribed to give effect to this Act.

(2)The regulations may—
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstance;
(c)apply to different classes of entities or documents;
(d)leave any matter or thing to be from time to time determined or approved by a specified entity;
(e)confer powers or discretions or impose duties on any specified entity or class of entity;

(f)provide in a specified case or class of cases for the exemption of entities or documents or a class of entity or document from any provision of the regulations—
(i)whether unconditionally or on specified conditions; and
(ii)either wholly or to the extent specified in the regulations.

(3)A power conferred by this Act to make regulations may be exercised—
(a)in relation to—
(i)all cases to which the power extends; or
(ii)all those cases subject to specified exceptions; or
(iii)any specified case or class of case; and
(b)so as to make, in relation to any provision for which the power is exercised—
(i)the same provision for all cases; or
(ii)different provisions for different cases or classes of case; or
(iii)different provisions for the same case or class of case for different purposes.".

Part 12—Amendment of Local Government Act 2020

Division 1—General amendments

40Governance Rules
In section 60(1) of the Local Government Act 2020—
(a)in paragraph (a), for "meetings;" substitute "meetings (including holding Council meetings by electronic means of communication);";
(b)in paragraph (b), for "committees;" substitute "committees (including holding meetings of delegated committees by electronic means of communication);";
(c)after paragraph (b) insert—
"(ba)requesting and approval of attendance at Council meetings and meetings of delegated committees by electronic means of communication;".

41Council meetings
After section 61(6) of the Local Government Act 2020 insert—
"(6A)For the purposes of this section, a Councillor may attend and be present at a Council meeting by electronic means of communication.".
42Meetings to be open to the public unless specified circumstances apply
(1)In section 66(4) of the Local Government Act 2020, after "Internet" insert "site of the Council".
(2)After section 66(5) of the Local Government Act 2020 insert—
"(6)In this section—
open to the public means—
(a)in the case of a Council meeting or a joint meeting of Councils—
(i)attendance in person by members of the public; or
(ii)a meeting that is broadcasted live on the Internet site of the Council; or
(iii)any other prescribed means of meeting; or
(b)in the case of a meeting of a delegated committee or a joint delegated committee—
(i)attendance in person by members of the public; or
(ii)a meeting that is broadcasted live on the Internet site of the Council; or
(iii)a meeting that is recorded and published on the Internet site of the Council as soon as practicable after the meeting; or
(iv)any other prescribed means of meeting.".

43Specific provisions apply to existing regional libraries
After section 330(2) of the Local Government Act 2020 insert—
"(2A)Despite subsection (2), section 197E(2)(a) of the Local Government Act 1989 does not apply to an existing regional library on and from the commencement of this subsection as inserted by the Regulatory Legislation Amendment (Reform) Act 2022.".

Division 2—Amendments relating to extension of COVID-19 temporary measures

44Definitions
In section 393 of the Local Government Act 2020, in the definition of prescribed period, for "26 April" substitute "1 September".
45Repeal of Part
In section 396 of the Local Government Act 2020, for "27 April" substitute "2 September".

Part 13—Amendment of Parliamentary Committees Act 2003

46Sittings
For section 25(5) of the Parliamentary Committees Act 2003 substitute—
"(5)A Joint Investigatory Committee may only use an audio link or audio visual link if the Joint Investigatory Committee is satisfied that the quality of the audio link or audio visual link will enable members who are present at a meeting to verify the identity of a member participating by the audio link or audio visual link.
(6)A member participating in a meeting of a Joint Investigatory Committee by audio link or audio visual link—
(a)is present for the purposes of determining whether there is a quorum; and
(b)may vote on a question arising at the meeting.".

Part 14—Amendment of Pharmacy Regulation Act 2010

47Licence renewal—application and fee
After section 43(6) of the Pharmacy Regulation Act 2010 insert—
"(7)Sections 37 to 41 apply to an application to renew a licence as if the application were an application made under section 36.".

48New section 43A inserted
After section 43 of the Pharmacy Regulation Act 2010 insert—
43ALate lodgement of application to renew licence"
(1)Despite section 43, an application to renew an existing licence to carry on a pharmacy business or pharmacy department may be made within 28 days after 30 June in each year if—
(a)the application is made in accordance with the requirements in that section; and
(b)the application is accompanied by a late lodgement fee fixed by the Authority.

(2)The Authority may fix a late lodgement fee for the purposes of subsection (1)(b).
(3)A licence that is the subject of an application made in accordance with subsection (1)—
(a)is taken to remain in force until the Authority has decided whether or not to renew the licence; and

(b)if renewed, is taken to have commenced on 1 July of the year in which the application for renewal is made.".

49Registration renewal: application and fee
After section 52(6) of the Pharmacy Regulation Act 2010 insert—
"(7)Sections 45 to 50 apply to an application to renew a registration as if the application were an application made under section 44.".

50New section 52A inserted
After section 52 of the Pharmacy Regulation Act 2010 insert—
52ALate lodgement of application to renew registration"
(1)Despite section 52, an application to renew an existing registration of a pharmacy business, pharmacy department or pharmacy depot may be made within 28 days after 30 June in each year if—
(a)the application is made in accordance with the requirements in that section; and
(b)the application is accompanied by a late lodgement fee fixed by the Authority.

(2)The Authority may fix a late lodgement fee for the purposes of subsection (1)(b).
(3)A registration that is the subject of an application made in accordance with subsection (1)—

(a)is taken to remain in force until the Authority has decided whether or not to renew the registration; and
(b)if renewed, is taken to have commenced on 1 July of the year in which the application for renewal is made.".

51Procedure of a panel
At the end of section 58 of the Pharmacy Regulation Act 2010 insert—
"(2)A panel may decide to conduct a panel hearing by means of audio visual link.
(3)A licensee or registration holder is taken to be present at a panel hearing if the licensee or registration holder is physically present at the hearing or appears before the hearing by means of audio visual link.
(4)If a licensee or registration holder appears before a panel hearing by means of audio visual link, any person accompanying the licensee or registration holder may attend the panel hearing by means of audio visual link.".

52Identification
After section 66(2) of the Pharmacy Regulation Act 2010 insert—
"(3)If an authorised person intends to enter into a premises or place under section 68(1)(a) by audio visual link, the authorised person may produce the authorised person's identity card for inspection by audio visual link.".

53Special power of entry to pharmacies
After section 68(1) of the Pharmacy Regulation Act 2010 insert—
"(1A)A person referred to in section 65(2) may enter a premises or place referred to in subsection (1)(a) physically or by audio visual link.".

54Resolutions without meetings
Section 95(5) of the Pharmacy Regulation Act 2010 is repealed.
55Approved methods of communication for Authority
For section 96(3) of the Pharmacy Regulation Act 2010 substitute—
"(3)This section applies to a meeting or part of a meeting held by the Authority for the purposes of carrying out any function of the Authority under this Act.".

Part 15—Amendment of Public Health and Wellbeing Act 2008

56Definitions
In section 3(1) of the Public Health and Wellbeing Act 2008, for paragraph (b) of the definition of person in charge substitute—
"(b)in the case of a children's service within the meaning of section 3(1) of the Children's Services Act 1996, the approved provider within the meaning of that section;".

Part 16—Amendment of Tobacco Act 1987

57Appointment of persons as inspectors
(1)In section 36(b) of the Tobacco Act 1987, for "2004." substitute "2004;".
(2)After section 36(b) of the Tobacco Act 1987 insert—
"(c)an authorised officer appointed under section 224 of the Local Government Act 1989 by a Council whose municipal district is in the proximity of an alpine resort within the meaning of the Alpine Resorts Act 1983;
(d)any other person engaged by the Secretary or seconded to assist the Secretary in performing the Secretary's functions under this Act.".

58New section 36AA inserted
After section 36 of the Tobacco Act 1987 insert—
36AAInspectors appointed under section 36"
(1)Before appointing a person as an inspector under section 36, the Secretary must be satisfied that the person has the necessary skills, training and expertise to perform the functions and duties, and exercise the powers, of an inspector under this Act.
(2)An inspector appointed under section 36(c) may perform the functions and duties, or exercise the powers, of an inspector under this Act in relation to an alpine resort that is specified in the instrument of appointment.

(3)The instrument of appointment of an inspector under section 36(c) may—
(a)specify the functions, duties and powers that may be performed or exercised by the inspector under this Act; and
(b)specify that the appointment is subject to any conditions that the Secretary considers appropriate.

(4)The Secretary may direct an inspector appointed under section 36(c) or (d) in the performance of the inspector's functions and duties, or in the exercise of the inspector's powers, under this Act.".

59Amendment of Schedule—Infringement offences
After item 4 in the table in the Schedule to the Tobacco Act 1987 insert—

"4A

An offence against section 5D(3)

2 penalty units

5 penalty units".

60Statute law revision amendments
(1)In section 3 of the Tobacco Act 1987, in the definition of specialist e-cigarette retailing premises, for "section 15U." substitute "section 15U;".
(2)In section 6(2D)(b) of the Tobacco Act 1987, for "(2A)" substitute "(2A), (2AB), (2AC), (2AD)".
(3)In section 15U(6) of the Tobacco Act 1987, for "may be,," substitute "may be,".
(4)In section 15X(1)(b) of the Tobacco Act 1987, for "may be,." substitute "may be.".

Part 17—Minor and technical amendments to other Acts

Division 1—Amendments to Acts in relation to references to COAG

61Health (Commonwealth State Funding Arrangements) Act 2012
(1)In section 3(1) of the Health (Commonwealth State Funding Arrangements) Act 2012 insert the following definition—
"First Ministers' Council means a body (however described) that consists only of, or that includes, the following persons—
(a)the Prime Minister;
(b)the Premiers of each State;
(c)the Chief Ministers of the Australian Capital Territory and the Northern Territory;".

(2)In section 10(3) of the Health (Commonwealth State Funding Arrangements) Act 2012, for "COAG" substitute "the First Ministers' Council".
(3)In section 10(4) of the Health (Commonwealth State Funding Arrangements) Act 2012, for "COAG" (wherever occurring) substitute "the First Ministers' Council".
62Offshore Petroleum and Greenhouse Gas Storage Act 2010
In section 6(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, the definition of COAG Reform Fund is repealed.

Division 2—Amendment of Education Acts in relation to references to the Ministerial Council

63Education and Care Services National Law Act 2010
In section 5(1) of the Education and Care Services National Law in the Schedule to the Education and Care Services National Law Act 2010, for the definition of Ministerial Council substitute—
"Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters under this Law;".

64Education and Training Reform Act 2006
(1)In section 1.1.3(1) of the Education and Training Reform Act 2006, in the definition of AQF omit "by that Ministerial Council".
(2)In section 1.1.3(1) of the Education and Training Reform Act 2006, in the definition of Ministerial Council, for paragraph (c) substitute—
"(c)in respect of the period beginning on 1 July 2009 and ending on 23 October 2020, any successor Ministerial Council to the Ministerial Council referred to in paragraph (b), which was responsible, or principally responsible, for the matters for which the Ministerial Council referred to in paragraph (b) was responsible or principally responsible;
(d)in respect of the period beginning on 24 October 2020, a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for the matters that are the subject of any provision of this Act that refers to a Ministerial Council;".

Division 3—Amendment of other Acts in relation to references to the Ministerial Council

65Biological Control Act 1986
In section 3(1) of the Biological Control Act 1986, for the definition of Council substitute—
"Council means if there is a body (however described) that consists of the Minister of the Commonwealth, the Minister of each State and Territory and the Minister of New Zealand who is responsible, or principally responsible, for matters relating to agriculture—that body;".

66Electricity Industry Act 2000
In section 3 of the Electricity Industry Act 2000, for the definition of MCE substitute—
"MCE means the group of Ministers, constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described) responsible for energy matters at a national level that is comprised of the following 9 Ministers—
(a)one Minister from the Commonwealth;
(b)one Minister from each State;
(c)one Minister from each Territory—

which acts in accordance with its own procedures;".

67Freedom of Information Act 1982
(1)In section 5(1) of the Freedom of Information Act 1982 insert the following definition—
"Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth and the Minister of each State and Territory, each of whom is principally responsible for companies and securities;".

(2)In section 37(1)(a) and (b) of the Freedom of Information Act 1982 omit "for Companies and Securities".
68Gas Industry Act 2001
In section 3 of the Gas Industry Act 2001, for the definition of MCE substitute—
"MCE means the group of Ministers, constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described) responsible for energy matters at a national level that is comprised of the following 9 Ministers—
(a)one Minister from the Commonwealth;
(b)one Minister from each State;
(c)one Minister from each Territory—

which acts in accordance with its own procedures;".

69Health (Commonwealth State Funding Arrangements) Act 2012
(1)In section 3(1) of the Health (Commonwealth State Funding Arrangements) Act 2012, the definition of Standing Council on Health is repealed.
(2)In section 3(1) of the Health (Commonwealth State Funding Arrangements) Act 2012 insert the following definition—
"Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to health;".

(3)In section 3(2), (3) and (4) of the Health (Commonwealth State Funding Arrangements) Act 2012, for "Standing Council on Health" substitute "Ministerial Council".
(4)In section 5(1), (2) and (3) of the Health (Commonwealth State Funding Arrangements) Act 2012, for "Standing Council on Health" substitute "Ministerial Council".
(5)In section 6(1), (2), (3), (4) and (5) of the Health (Commonwealth State Funding Arrangements) Act 2012, for "Standing Council on Health" substitute "Ministerial Council".
(6)In section 7(1), (2), (3) and (4) of the Health (Commonwealth State Funding Arrangements) Act 2012, for "Standing Council on Health" substitute "Ministerial Council".
(7)In section 8(1) and (2) of the Health (Commonwealth State Funding Arrangements) Act 2012, for "Standing Council on Health" substitute "Ministerial Council".
(8)In section 32(2) of the Health (Commonwealth State Funding Arrangements) Act 2012, for "Standing Council on Health" substitute "Ministerial Council".

70Offshore Petroleum and Greenhouse Gas Storage Act 2010
(1)In section 6(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 insert the following definition—
"Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to energy or resources (or both);".

(2)In section 708(1)(b)(iv) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, for "body known as the Standing Council on Energy and Resources" substitute "Ministerial Council".
(3)In section 708(2)(c) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, for "body known as the Standing Council on Energy and Resources" substitute "Ministerial Council".

Division 4—Amendments to Acts in relation to references to Fair Work Australia and related terms

71Country Fire Authority Act 1958
In section 3(1) of the Country Fire Authority Act 1958—
(a)the definition of Fair Work Australia is repealed;
(b)insert the following definition—
"Fair Work Commission has the same meaning as in the Fair Work Act 2009 of the Commonwealth;";
(c)in paragraph (b) of the definition of federal award or agreement, for "Fair Work Australia" substitute "the Fair Work Commission".

72Disability Act 2006
(1)In section 3(1) of the Disability Act 2006—
(a)the definition of Fair Work Australia is repealed;
(b)insert the following definition—
"Fair Work Commission has the same meaning as in the Fair Work Act 2009 of the Commonwealth;".

(2)In section 121(1)(b) of the Disability Act 2006, for "Fair Work Australia or the Australian Industrial Relations Commission" substitute "the Fair Work Commission".
73Equal Opportunity Act 2010
(1)In section 4(1) of the Equal Opportunity Act 2010—
(a)the definition of Fair Work Australia is repealed;
(b)insert the following definition—
"Fair Work Commission has the same meaning as in the Fair Work Act 2009 of the Commonwealth;".

(2)In section 4(3)(d) of the Equal Opportunity Act 2010, for "Fair Work Australia" substitute "the Fair Work Commission".
74Offshore Petroleum and Greenhouse Gas Storage Act 2010
In clause 3 in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2010, in the definition of reviewing authority, for "Fair Work Australia" substitute "the Fair Work Commission".
75Pre-school Teachers and Assistants (Leave) Act 1984
In section 3(1) of the Pre-school Teachers and Assistants (Leave) Act 1984—
(a)in paragraph (d) of the definition of award, for "Fair Work Australia" substitute "the Fair Work Commission";
(b)the definition of Fair Work Australia is repealed;
(c)insert the following definition—
"Fair Work Commission has the same meaning as in the Fair Work Act 2009 of the Commonwealth;".

76Public Sector Employment (Award Entitlements) Act 2006
(1)In section 3(1) of the Public Sector Employment (Award Entitlements) Act 2006 insert the following definition—
"Fair Work Commission means the Fair Work Commission established under the Commonwealth Fair Work Act;".

(2)In section 5(2) of the Public Sector Employment (Award Entitlements) Act 2006—
(a)in paragraph (c), for "Transition Act." substitute "Transition Act;";
(b)after paragraph (c) insert—
"(d)an order or determination of the Fair Work Commission made under the Commonwealth Fair Work Act.".

Part 18—Amendment of Essential Services Commission Act 2001

77Delegation
For section 26(3) of the Essential Services Commission Act 2001 substitute—
"(3)The Commission, by instrument, may delegate the powers of the Commission under section 36, 37 or 39 to—
(a)a Commissioner; or
(b)any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act who is—
(i)an executive within the meaning of the Public Administration Act 2004; or
(ii)a person with a classification of Grade 6 or above or Senior Technical Specialist.".

Part 19—Repeal of this Act

78Repeal of this Act
This Act is repealed on 31 July 2023.

Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1 General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—
Legislative Assembly: 1 December 2021
Legislative Council: 10 February 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Child Wellbeing and Safety Act 2005, the Children's Services Act 1996, the Education and Care Services National Law Act 2010, the Education and Training Reform Act 2006, the Electoral Act 2002, the Electoral Boundaries Commission Act 1982, the Essential Services Commission Act 2001, the Financial Management Act 1994, the Housing Act 1983, the Industrial Relations Legislation Amendment Act 2021, the Interpretation of Legislation Act 1984, the Local Government Act 2020, the Parliamentary Committees Act 2003, the Pharmacy Regulation Act 2010, the Public Health and Wellbeing Act 2008 and the Tobacco Act 1987 and to make minor and technical amendments to other Acts and for other purposes. "