Regulatory Legislation Amendment (Reform) Act 2024 (Vic)
Regulatory Legislation Amendment (Reform) Act 2024
No. 6 of 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Monetary Units Act 2004
3Definitions
4Meaning of fee unit
5Calculation of a fee or penalty
6Certain monetary amounts to be construed in fee units or penalty units
7Notification of fees and penalties
Part 3—Amendment of Casino Control Act 1991
8Person licensed under Gambling Regulation Act 2003
Part 4—Amendment of Child Wellbeing and Safety Act 2005
9Definitions
10Information sharing and Child Link regulation making power
Part 5—Amendment of Drugs, Poisons and Controlled Substances Act 1981
11Definitions
12New sections 20A and 20B inserted
13Regulations
14General regulations
Part 6—Amendment of Education and Training Reform Act 2006
15Reinstatement of registration in certain circumstances
16Receipt must be given for any thing seized—not related to RTOs
17Receipt must be given for any thing seized—relating to RTOs
18Proceedings for offences
19Authority may publish details of non-compliance
20Ministerial Orders—disallowance
Part 7—Amendment of Environment Protection Act 2017
21Simplified outline—Chapter 7
22Authority may authorise emergency storage, use etc. of waste
Part 8—Amendment of Essential Services Commission Act 2001
23Definitions
24Delegation
25General provisions relating to determinations
26Matters about which the Commission must not serve information gathering notice
27Matters about which the Commission must not gather information under this Part
28Publication of Codes of Practice and amendments
29Information sharing arrangements
30Consequential amendment of Water Industry Act 1994
Part 9—Amendment of Food Act 1984
31Orders relating to food premises
32Orders relating to premises on which primary food production and related activities are carried out
33New section 19FA inserted
34Regulations
35Schedule 1 amended
Part 10—Amendment of Gambling Regulation Act 2003
36Gaming machine entitlements may authorise preparatory action
37Linked jackpots unlawful without approval
38Linked jackpot arrangements unlawful without approval
39Approval of linked jackpot arrangements
40Security of certain equipment
41Responsible authority's report
42New Part 41 of Schedule 7 inserted
Part 11—Amendment of Meat Industry Act 1993
43Definitions
44Act not to apply in certain cases
45Authority to provide inspection services
46New section 13F inserted
47Licence application
48Authority must refuse to grant licence in some cases
49Testing for chemicals and disease
50Diseased meat
51Ban on sale of certain meat at butcher shops
52Use of unlicensed vehicle
53Breach of licence conditions or restrictions
54Delegation
55Regulations
Part 12—Amendment of Regional Development Victoria Act 2002
56Functions, powers and duties of Chief Executive
57Establishment
58New section 21 inserted
59Meetings
60Schedule 1 amended
Part 13—Amendment of Seafood Safety Act 2003
61Definitions
62Exemptions from licensing requirement
63Discretionary powers of Authority in respect of licences
Part 14—Minor and technical amendments to other Acts
Division 1—Consequential amendments to Children, Youth and Families Act 2005
64Definitions
65Aboriginal agency
66Recognition principles
67Secretary and community services to have regard to and give effect to recognition principles
68Decision makers to have regard to principles
69Decision-making principles
70Additional decision-making principles
71Responsibilities of the Secretary
72Power of Secretary to provide funds
73Authority to use Crown property
74Agreements relating to use of Crown property
75Response by community-based child and family service to referral
76Consultation with Secretary
77Records of disclosures
78Identity of reporter or referrer confidential
79Review by Victorian Civil and Administrative Tribunal
80Departmental community services and secure welfare services
81Community services
82Search on entering or leaving a secure welfare service
83Secretary may order search
84Consequences of refusal to submit to search
85Manner of dealing with seized things that may be used in a legal proceeding
86Manner of dealing with seized money
87Manner of dealing with other seized articles or things
88Disposal
89Definitions
90Who may have the care of the child under an agreement?
91Restrictions on who may provide long-term care of children
92Definitions
93Responsibilities of Minister
94Authorisation of carer to make certain decisions
95Responsibility of Secretary or out of home care service to provide information to carers
96Confidentiality
97Disclosure and use of information under this Act
98Disclosure of information in course of consultation by a community-based child and family service
99Definitions
100Regulations
101New section 635 inserted
Division 2—Amendment of Social Services Regulation Act 2021 in relation to notification requirements
102Registered social service provider to notify Regulator of certain matters
103Notifiable incidents
104Section 329 repealed
Division 3—Consequential amendment of Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023
105Continuation of secure welfare services
Division 4—Amendments related to references to Homes Victoria
106Sale of Land Act 1962
107Land (Goonawarra Golf Course) Act 1988
Part 15—Repeal of this Act
108Repeal of this Act
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Endnotes
1 General information
Regulatory Legislation Amendment (Reform) Act 2024
No. 6 of 2024
[Assented to 5 March 2024]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Monetary Units Act 2004 in relation to the use of fee units; and
(b)to amend the Essential Services Commission Act 2001 in relation to various administrative and enforcement matters and consequentially amend the Water Industry Act 1994; and
(c)to amend the Meat Industry Act 1993 in relation to the application of that Act; and
(d)to amend the Seafood Safety Act 2003 in relation to transport and licensing; and
(e)to amend the Food Act 1984 to modernise certain requirements and update regulation‑making powers accordingly; and
(f)to amend the Drugs, Poisons and Controlled Substances Act 1981 in relation to permit exemptions; and
(g)to amend the Regional Development Victoria Act 2002 in relation to advisory committee membership and other miscellaneous matters; and
(h)to amend the Environment Protection Act 2017 in relation to the emergency transportation of waste; and
(i)to make miscellaneous amendments to the Casino Control Act 1991 and the Gambling Regulation Act 2003; and
(j)to make miscellaneous amendments to the Children, Youth and Families Act 2005, the Social Services Regulation Act 2021, the Child Wellbeing and Safety Act 2005 and the Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023; and
(k)to amend the Education and Training Reform Act 2006 in relation to various enforcement powers; and
(l)to consequentially amend various Acts to reflect changes relating to Homes Victoria.
2Commencement
(1)This Act, except Division 1 of Part 14, comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Division 1 of Part 14 comes into operation on 1 July 2024.
PART 2—AMENDMENT OF MONETARY UNITS ACT 2004
3Definitions
In section 3 of the Monetary Units Act 2004, insert the following definitions—
"instrument maker has the same meaning as in the Subordinate Legislation Act 1994;
legislative instrument has the same meaning as in the Subordinate Legislation Act 1994;".
4Meaning of fee unit
In section 4 of the Monetary Units Act 2004, for "or statutory rule" substitute ", a statutory rule or a legislative instrument".
5Calculation of a fee or penalty
In section 7(1) of the Monetary Units Act 2004, for "or a statutory rule" substitute ", a statutory rule or a legislative instrument".
6Certain monetary amounts to be construed in fee units or penalty units
(1)In section 8(1) of the Monetary Units Act 2004, omit "unless the amount to be prescribed, fixed or charged would be less than the value of one fee unit fixed in accordance with this Act".
(2)After section 8(1) of the Monetary Units Act 2004 insert—
"(1A)A provision in an Act or a statutory rule authorising an instrument maker to make a legislative instrument that prescribes, fixes or charges a fee (however expressed) may be construed as authorising the instrument maker to make a legislative instrument to prescribe, fix or charge that fee by reference to a fee unit.".
7Notification of fees and penalties
At the end of section 10 of the Monetary Units Act 2004 insert—
"(2)The Minister responsible for administering an Act or a statutory rule under which a legislative instrument is made that provides for fees by fee units must take reasonable steps to ensure that notice of the monetary amounts of those fees calculated in accordance with section 7 are notified to the public generally or to the sector of the public likely to be affected by the fee.".
PART 3—AMENDMENT OF CASINO CONTROL ACT 1991
8Person licensed under Gambling Regulation Act 2003
For section 45A(2)(b) of the Casino Control Act 1991 substitute—
"(b)if the applicant has previously held a gaming industry employee's licence, evidence that the applicant held that licence.".
PART 4—AMENDMENT OF CHILD WELLBEING AND SAFETY ACT 2005
9Definitions
In section 3(1) of the Child Wellbeing and Safety Act 2005 insert the following definition—
"public sector body Head has the same meaning as it has in the Public Administration Act 2004;".
10Information sharing and Child Link regulation making power
In section 46ZC(2)(i) and (j) of the Child Wellbeing and Safety Act 2005, for "within the meaning of the Public Administration Act 2004" substitute "or a restricted information sharing entity that is a public sector body Head".
PART 5—AMENDMENT OF DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981
11Definitions
In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert the following definitions—
"class approval means an authorisation under section 20A in respect of a class of entity;
entity, in relation to a class approval, means an entity belonging to a class that carries out an activity involving the manufacture, sale, supply, administration or use of a Schedule 2 poison, Schedule 3 poison, Schedule 4 poison, Schedule 7 poison, Schedule 8 poison or a controlled substance;".
12New sections 20A and 20B inserted
After section 20 of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"20A Class approvals
(1)The Secretary may grant a class approval for a class of entity which would otherwise require a licence, permit or warrant under this Division, authorising an entity belonging to that class of entity to do one or more of the following without a licence, permit or warrant under this Division—
(a)manufacture and sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison, Schedule 7 poison or Schedule 8 poison;
(b)manufacture and sell or supply by retail any Schedule 7 poison (other than a Schedule 7 poison included in the Poisons Code in the list of substances that are not for general sale by retail);
(c)sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison, Schedule 7 poison or Schedule 8 poison;
(d)purchase or otherwise obtain poisons or controlled substances for use for industrial, educational, advisory or research purposes or for the provision of health services.
(2)Before granting a class approval under subsection (1), the Secretary must have regard to the public health and safety risk of unauthorised access to poisons or controlled substances arising from the authorisation of a class of entity by a class approval and for that purpose may have regard to the following—
(a)the type of industry in which a class of entity operates and the degree to which that type of industry has complied with this Act and the regulations;
(b)the entities or the persons engaged by those entities and their qualifications;
(c)the poisons or controlled substances and the activities to which a class approval applies;
(d)whether there are any relevant co‑regulators of a class of entity.
(3)A class approval must be in writing.
(4)The Secretary must ensure that notice of the granting of a class approval is published in the Government Gazette as soon as practicable after it is granted.
(5)The Secretary may specify that a class approval is subject to particular terms, conditions, limitations and restrictions, including the following—
(a)an entity complying with any document, code, standard, guideline, rule, method or specification formulated, issued, prepared, prescribed or published from time to time by any person or body;
(b)an entity holding any licence, permit or warrant issued under—
(i)any law of Victoria, other than section 19(3)(b); or
(ii)any law of the Commonwealth;
(c)the class approval being limited—
(i)to a particular poison or controlled substance; or
(ii)to a particular class, list or type of poison or controlled substance in a specified Schedule; or
(iii)to a specified form of a poison or controlled substance; or
(iv)to the purposes for which a poison or controlled substance is to be manufactured, sold, supplied, administered or used; or
(v)to a set period of time for which the class approval is in force; or
(vi)by reference to any other matter specified in the instrument granting the class approval.
(6)A class approval remains in force—
(a)for the period specified in the approval; or
(b)if no period is specified in the approval, until it is revoked by the Secretary.
20BRevocation or variation of class approvals
(1)The Secretary, in writing, may revoke or vary a class approval.
(2)The Secretary must ensure that notice of a revocation or variation of a class approval is published in the Government Gazette as soon as practicable after the revocation or variation.".
13Regulations
After section 129(1)(ea) of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"(eb)regulating or prohibiting any matter or thing necessary or required in relation to class approvals or classes of entity;".
14General regulations
After section 132(zcf) of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"(zcg)without limiting section 129, prescribing any matter or thing necessary or required in relation to class approvals or classes of entity;".
PART 6—AMENDMENT OF EDUCATION AND TRAINING REFORM ACT 2006
15Reinstatement of registration in certain circumstances
(1)After section 2.6.18A(1) of the Education and Training Reform Act 2006 insert—
"(1A)A person may apply for reinstatement of their registration under this section if their registration expires after their registration is suspended in any of the following circumstances—
(a)the person is suspended under Division 8, and that suspension is revoked under section 2.6.27F(1)(a);
(b)the person is suspended under Division 8A, and that suspension is revoked under section 2.6.28G(1);
(c)following a request for suspension of their registration by the person, the person and Institute agree to the suspension under section 2.6.29A and that suspension is subsequently revoked under section 2.6.29B;
(d)the person's registration is suspended by agreement following a recommendation made under section 2.6.34(1)(b) or (c) and that suspension is subsequently revoked in accordance with that agreement.".
(2)In section 2.6.18A(2) of the Education and Training Reform Act 2006—
(a)after "registration" (where first occurring), insert "under subsection (1) or (1A)";
(b)for "applicant." substitute "applicant; and";
(c)after paragraph (c) insert—
"(d)in the case of an application made under subsection (1A), be made no later than 6 months after the applicant's registration expires.".
16Receipt must be given for any thing seized—not related to RTOs
(1)In section 5.8.3AA(1) of the Education and Training Reform Act 2006, for "An" substitute "Subject to subsection (2), an".
(2)For section 5.8.3AA(2) of the Education and Training Reform Act 2006 substitute—
"(2)If an authorised officer is unable to discover the identity of the lawful owner of a document or thing seized under section 5.8.3, or the person from whose custody a document or thing is seized under that section, the authorised officer must leave a receipt for the document or thing seized at the premises that—
(a)identifies the document or thing; and
(b)states the name of the officer and the reason why the document or thing is being seized.".
17Receipt must be given for any thing seized—relating to RTOs
(1)In section 5.8.3M(1) of the Education and Training Reform Act 2006, for "An" substitute "Subject to subsection (2), an".
(2)For section 5.8.3M(2) of the Education and Training Reform Act 2006 substitute—
"(2)If an authorised officer is unable to discover the identity of the lawful owner of a thing, document or device seized under this Subdivision, or the person from whose custody the thing, document or device is seized under this Subdivision, the authorised officer must leave a receipt for the thing, document or device seized at the premises that—
(a)identifies the thing, document or device; and
(b)states the name of the officer and the reason why the thing, document or device is being seized.".
18Proceedings for offences
In section 5.8.6(3) of the Education and Training Reform Act 2006—
(a)for "Part 3.1" substitute "Chapter 4";
(b)for "Secretary" substitute "Authority".
19Authority may publish details of non-compliance
(1)In section 5.8.31(1) of the Education and Training Reform Act 2006, after "Subject to" insert "subsections (3) and (4) and".
(2)For section 5.8.31(2)(f) of the Education and Training Reform Act 2006 substitute—
"(f)the date on which any information specified in this subsection is published to a website maintained by the Authority;".
(3)After section 5.8.31(2) of the Education and Training Reform Act 2006 insert—
"(3)Before making a decision to publish information specified in subsection (2) in respect of a relevant entity, the Authority must give the relevant entity written notice of the following—
(a)the Authority's intention to publish the information;
(b)the Authority's reasons for making the decision to publish the information;
(c)that the relevant entity may make a written submission setting out why the Authority should not publish the information;
(d)the time within which the relevant entity's submission must be given to the Authority being a period no longer than 3 days after the day the notice is received by the relevant entity.
(4)The Authority must consider any submission given to the Authority by a relevant entity under subsection (3) before making a decision under subsection (1).".
20Ministerial Orders—disallowance
(1)In section 5.10.6(1) of the Education and Training Reform Act 2006, after "Order" (where first occurring) insert "under section 5.10.4".
(2)At the foot of section 5.10.6(1) of the Education and Training Reform Act 2006 insert—
"Note
See section 2.2.19 and item 4 of Schedule 6.".
(3)In section 5.10.6(2) of the Education and Training Reform Act 2006, for "made under this section" substitute "referred to in subsection (1)".
(4)In section 5.10.6(3) of the Education and Training Reform Act 2006, for "made under this section" substitute "referred to in subsection (1)".
PART 7—AMENDMENT OF ENVIRONMENT PROTECTION ACT 2017
21Simplified outline—Chapter 7
In section 153(4) of the Environment Protection Act 2017, for "or handling" substitute ", handling or transportation".
22Authority may authorise emergency storage, use etc. of waste
In section 157(1) of the Environment Protection Act 2017—
(a)after "authorise" insert "the following";
(b)in paragraph (a), for "environment; or" substitute "environment;";
(c)in paragraph (b), for "premises." substitute "premises;";
(d)after paragraph (b) insert—
"(c)the transportation of waste on, to or from any place or premises;
(d)any combination of activities referred to in paragraphs (a) to (c).".
PART 8—AMENDMENT OF ESSENTIAL SERVICES COMMISSION ACT 2001
23Definitions
In section 3 of the Essential Services Commission Act 2001—
(a)in the definition of civil penalty requirement—
(i)in paragraph (g)(i), before "40D(1)" insert "17,";
(ii)in paragraph (g)(iii), before "48C(1)" insert "24,";
(b)in the definition of trial waiver, for "2001;" substitute "2001.".
24Delegation
For section 26(1) of the Essential Services Commission Act 2001 substitute—
"(1)The Commission, by instrument, may delegate to a person specified in subsection (2) any function or power of the Commission (other than the powers of the Commission under sections 33, 36, 37 and 39) under—
(a)this Act; or
(b)the regulations under this Act; or
(c)any other subordinate instrument under this Act; or
(d)relevant legislation, including any regulations or any other subordinate instrument under relevant legislation; or
(e)any other Act, including—
(i)the regulations under any other Act; and
(ii)any other subordinate instrument under any other Act.".
25General provisions relating to determinations
For section 35(4) of the Essential Services Commission Act 2001 substitute—
"(4)The Commission must—
(a)publish a copy of the determination on the internet; and
(b)provide a copy of the determination to any person who requests it.".
26Matters about which the Commission must not serve information gathering notice
In section 39J(2) of the Essential Services Commission Act 2001—
(a)in paragraph (e), for "2007;" substitute "2007.";
(b)paragraph (f) is repealed.
27Matters about which the Commission must not gather information under this Part
In section 39L(2) of the Essential Services Commission Act 2001—
(a)in paragraph (b), for "2007;" substitute "2007.";
(b)paragraph (c) is repealed.
28Publication of Codes of Practice and amendments
For section 49 of the Essential Services Commission Act 2001 substitute—
"49 Publication of Codes of Practice and amendments
The Commission must cause—
(a)a notice of the making or amendment of a Code of Practice to be published in the Government Gazette; and
(b)a copy of any Code of Practice or amendment to a Code of Practice it makes to be published on the Commission's Internet site.".
29Information sharing arrangements
In section 60E(7) of the Essential Services Commission Act 2001—
(a)paragraph (b)(xi) is repealed;
(b)after paragraph (b) insert—
"(c)which was obtained under section 4G of the Water Industry Act 1994 as in force immediately before the repeal of that section.".
30Consequential amendment of Water Industry Act 1994
Section 4G of the Water Industry Act 1994 is repealed.
PART 9—AMENDMENT OF FOOD ACT 1984
31Orders relating to food premises
(1)After section 19(4)(a)(i) of the Food Act 1984 insert—
"(ia)the relevant authority may direct that a copy of the order be displayed at any point of sale of the food premises, whether physical or otherwise; and
(ib)if the food business has an Internet site, the relevant authority may direct that a copy of the order be published on the food business's Internet site; and".
(2)In section 19(4)(a)(ii) of the Food Act 1984, after "newspaper" insert ", on the Internet site of the relevant authority".
(3)In section 19(4)(b) of the Food Act 1984—
(a)for "anyone other than" substitute "not";
(b)for "Department" substitute "Secretary".
(4)After section 19(4)(b) of the Food Act 1984 insert—
"(ba)the Secretary may publish on the Department's Internet site a copy of the order;".
(5)In section 19(5)(a) of the Food Act 1984, after "premises" insert ", including by sending it by electronic communication to the proprietor at the proprietor's usual or last known electronic address".
32Orders relating to premises on which primary food production and related activities are carried out
(1)In section 19AA(1)(c) of the Food Act 1984, for "standard." substitute "standard; or".
(2)After section 19AA(1)(c) of the Food Act 1984 insert—
"(d)the prescribed grounds for making an order apply in respect of or at any premises.".
33New section 19FA inserted
After section 19F of the Food Act 1984 insert—
"19FA Proprietor to comply with written direction of registration authority
(1)A registration authority, in writing, may direct a proprietor of a food premises to—
(a)revise the food safety program for the premises if, in the opinion of the Secretary or the registration authority, the food safety program for the premises is not or is no longer adequate; or
(b)comply with any requirements specified in the food safety program.
(2)A direction given under subsection (1) must specify a time limit for compliance with the direction, which must be at least 28 days.
(3)If the proprietor of a food premises fails to comply with a direction given under subsection (1) within the specified time limit, the registration authority may—
(a)refuse to approve an application for—
(i)registration of the premises; or
(ii)renewal of registration of the premises; or
(b)revoke a registration granted in respect of the premises; or
(c)suspend the registration of the premises.".
34Regulations
(1)In section 63(1)(y) of the Food Act 1984, omit "and" (where secondly occurring).
(2)In section 63(1)(z)(ii) of the Food Act 1984—
(a)for "thereof;" (wherever occurring) substitute "of those fees and charges;";
(b)for "thereof." substitute "of those fees and charges;".
(3)After section 63(1)(z) of the Food Act 1984 insert—
"(za)requiring persons to whom a primary production and processing standard applies to register with a declared authority;
(zb)prescribing—
(i)the process for registration with a declared authority, including the information to be provided and any fees payable on registration;
(ii)the process and requirements for persons to whom a primary production and processing standard applies to notify the declared authority of information for the purposes of enabling the declared authority to perform the functions conferred on it under the primary production and processing standards;
(iii)the process by which persons to whom a primary production and processing standard applies may submit food safety management statements to the declared authority for the purposes of clause 5 of Standard 4.1.1 of the primary production and processing standards, including the payment of any fees;
(iv)the process by which a declared authority approves or recognises food safety management statements for the purposes of clause 5(a) of Standard 4.1.1 of the primary production and processing standards, including through the use of prescribed industry-standard certification or audit schemes;
(v)requirements for ongoing verification of food safety management statements for the purposes of clause 5(c) of Standard 4.1.1 of the primary production and processing standards, including—
(A)the use of prescribed industry‑standard certification or audit schemes;
(B)the payment of any fees;
(zc)prescribing industry-standard certification and audit schemes for the purposes of primary production and processing standards referred to in paragraph (zb).".
35Schedule 1 amended
After item 2B of Schedule 1 to the Food Act 1984 insert—
| "2C | An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 4.2.7 of the Food Standards Code— 5, 10 | 5 penalty units for a natural person; 10 penalty units for a body corporate | Failure to comply with requirement of Food Standards Code (Primary Production and Processing Standard for Berries) relating to food safety practices or general requirements |
| 2D | An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 4.2.8 of the Food Standards Code— 4, 5, 8, 9(1), 9(2), 10, 11, 12, 14, 15 | 5 penalty units for a natural person; 10 penalty units for a body corporate | Failure to comply with requirement of Food Standards Code (Primary Production and Processing Standard for Leafy Vegetables) relating to food safety practices or general requirements |
| 2E | An offence against section 16(1) constituted by a failure to comply with the requirements of any of the following clauses of Standard 4.2.9 of the Food Standards Code— 4, 5, 8, 9(1), 9(2), 10, 11, 12, 14, 15 | 5 penalty units for a natural person; 10 penalty units for a body corporate | Failure to comply with requirement of Food Standards Code (Production and Processing Standard for Melons) relating to food safety practices or general requirements". |
PART 10—AMENDMENT OF GAMBLING REGULATION ACT 2003
36Gaming machine entitlements may authorise preparatory action
In section 3.4A.9(6) of the Gambling Regulation Act 2003, in the definition of preparatory action—
(a)paragraph (ad) is repealed;
(b)in paragraph (b), for "(ab), (ac) or (ad)" substitute "(ab) or (ac)".
37Linked jackpots unlawful without approval
For section 3.5.7(1) of the Gambling Regulation Act 2003 substitute—
"(1)A person must not install or cause to be installed, or facilitate the operation of, a linked jackpot arrangement unless it is approved by the Commission under section 3.5.7B.
Penalty:100 penalty units.
(1A)A person must not vary or cause to be varied a linked jackpot arrangement unless the variation has been approved by the Commission under section 3.5.7B.
Penalty:100 penalty units.".
38Linked jackpot arrangements unlawful without approval
(1)In section 3.5.7A(1) of the Gambling Regulation Act 2003, after "Commission" insert "under section 3.5.7B".
(2)In section 3.5.7A(2) of the Gambling Regulation Act 2003, after "Commission" insert "under section 3.5.7B".
39Approval of linked jackpot arrangements
(1)In section 3.5.7B(1) of the Gambling Regulation Act 2003—
(a)for "A venue operator" substitute "The monitoring licensee";
(b)in paragraph (a), for "the operator intends to conduct gaming on or at any time after the new arrangements day" substitute "gaming may be conducted at approved venues";
(c)in paragraph (b) omit "through which the operator conducts gaming on or at any time after the new arrangements day".
(2)In section 3.5.7B(2) of the Gambling Regulation Act 2003—
(a)in paragraph (b), for "(if any); and" substitute "(if any).";
(b)paragraph (c) is repealed.
(3)In section 3.5.7B(3) of the Gambling Regulation Act 2003, for "a venue operator" substitute "the monitoring licensee".
(4)In section 3.5.7B(6) of the Gambling Regulation Act 2003—
(a)for "every venue operator listed in the application under subsection (1)" substitute "the monitoring licensee";
(b)for "approval" substitute "decision under subsection (4)".
(5)Section 3.5.7B(7) and (9) of the Gambling Regulation Act 2003 are repealed.
40Security of certain equipment
(1)In section 6A.2.6(1) of the Gambling Regulation Act 2003, after "physical" insert "or off-site".
(2)In section 6A.2.6(2) of the Gambling Regulation Act 2003—
(a)after "venue" insert "or any other location";
(b)after "be" insert "physically or remotely".
41Responsible authority's report
In section 8.5.5(1) of the Gambling Regulation Act 2003, for "(3)(a)" substitute "(2)(a)".
42New Part 41 of Schedule 7 inserted
After Part 40 of Schedule 7 to the Gambling Regulation Act 2003 insert—
"PART 41—REGULATORY LEGISLATION AMENDMENT (REFORM) ACT 2024
41.1Definitions
In this Part—
amending Act means the Regulatory Legislation Amendment (Reform) Act 2024;
commencement day means the day Part 10 of the amending Act comes into operation.
41.2Approval of linked jackpot arrangements
(1)An approval referred to under section 3.5.7 as in force before the commencement day is, on and from the commencement day, taken to be an approval under section 3.5.7B as amended by section 39 of the amending Act.
(2)An application made in respect of an approval referred to under section 3.5.7 as in force before the commencement day is, on and from the commencement day, taken to be an application made under section 3.5.7B as amended by section 39 of the amending Act.".
PART 11—AMENDMENT OF MEAT INDUSTRY ACT 1993
43Definitions
In section 3(1) of the Meat Industry Act 1993—
(a)in the definition of chief veterinary officer, for "Department of Jobs, Precincts and Regions" substitute "Department of Energy, Environment and Climate Action";
(b)in the definition of meat transport vehicle, for "carcass or meat" substitute "carcass, meat or seafood";
(c)in the definition of Secretary, for "Department of Jobs, Precincts and Regions" substitute "Department of Energy, Environment and Climate Action".
44Act not to apply in certain cases
(1)After section 5(1)(a)(iii) of the Meat Industry Act 1993 insert—
"(iv)dried meat for sale online; or".
(2)In section 5(1)(c) of the Meat Industry Act 1993, for "Commonwealth Act called the Export Control Act 1982" substitute "Export Control Act 2020 of the Commonwealth".
(3)Section 5(5) of the Meat Industry Act 1993 is repealed.
(4)Section 5(6) of the Meat Industry Act 1993 is repealed.
45Authority to provide inspection services
In section 6(1) of the Meat Industry Act 1993, for "other than a poultry processing facility or a game processing facility" substitute "other than a processing facility that is licensed under the Export Control Act 2020 of the Commonwealth".
46New section 13F inserted
After section 13E of the Meat Industry Act 1993 insert—
"13F Revocation of Codes of Practice
(1)The Authority may revoke a Code of Practice.
(2)The Minister must approve the revocation of a Code of Practice before the Code of Practice is revoked.
(3)After revoking a Code of Practice, the Authority must cause notice to be published in the Government Gazette of the following—
(a)the revocation of the Code of Practice;
(b)the date on which the revocation of the Code of Practice takes effect.".
47Licence application
In section 14(2)(c)(ii) of the Meat Industry Act 1993 omit "poultry processing facility or game processing facility,".
48Authority must refuse to grant licence in some cases
(1)In section 18(1)(e) of the Meat Industry Act 1993, before "the Authority" insert "except in the case of an application in relation to a meat processing facility that is a vehicle,".
(2)At the foot of section 18(1)(e) of the Meat Industry Act 1993 insert—
"Note
See the definition of meat processing facility in section 3(1).".
(3)For section 18(2) of the Meat Industry Act 1993 substitute—
"(2)Other than where a failure to meet or comply with a requirement is a ground for refusal to grant a licence under subsection (1), the Authority may refuse to grant a licence if—
(a)the applicant does not meet or comply with any requirement of this Act, the Public Health and Wellbeing Act 2008 or the Food Act 1984 (including any regulation, code of practice or other subordinate instrument made under those Acts) that is applicable and the Authority considers that the failure to meet or comply with the requirement is sufficient to justify its decision under this subsection; or
(b)the applicant—
(i)has held a licence under this Act or the Seafood Safety Act 2003; and
(ii)did not comply with the conditions of the licence and the Authority considers on reasonable grounds that the non-compliance was sufficiently serious to justify the Authority's refusal to grant a new licence under this Part.".
49Testing for chemicals and disease
In section 30(6) of the Meat Industry Act 1993, for "Department of Jobs, Precincts and Regions" substitute "Department of Energy, Environment and Climate Action".
50Diseased meat
Section 32(6) of the Meat Industry Act 1993 is repealed.
51Ban on sale of certain meat at butcher shops
In section 37A(3)(b) of the Meat Industry Act 1993, for "Department of Agriculture, Water and the Environment" substitute "Department of Agriculture, Fisheries and Forestry".
52Use of unlicensed vehicle
In section 42A(1) of the Meat Industry Act 1993—
(a)in paragraph (a), for "carcass or meat" substitute "carcass, meat or seafood";
(b)in paragraph (b)(i), for "carcass or meat" substitute "carcass, meat or seafood".
53Breach of licence conditions or restrictions
In section 42B of the Meat Industry Act 1993—
(a)in paragraph (a), for "carcass or meat" substitute "carcass, meat or seafood";
(b)in paragraph (b), for "carcass or meat" substitute "carcass, meat or seafood".
54Delegation
In section 58(1) of the Meat Industry Act 1993 omit "under its common seal".
55Regulations
In section 78(1)(h)(vi) of the Meat Industry Act 1993 omit "and;".
PART 12—AMENDMENT OF REGIONAL DEVELOPMENT VICTORIA ACT 2002
56Functions, powers and duties of Chief Executive
In section 7(4) of the Regional Development Victoria Act 2002, for "Department of Economic Development, Jobs, Transport and Resources" substitute "Department of Jobs, Skills, Industry and Regions".
57Establishment
In section 11(2)(b) of the Regional Development Victoria Act 2002, for "8" substitute "9".
58New section 21 inserted
After section 20 of the Regional Development Victoria Act 2002 insert—
"21 Transitional provision—Regulatory Legislation Amendment (Reform) Act 2024
On and from the amendment of section 11(2)(b) by the Regulatory Legislation Amendment (Reform) Act 2024, the Regional Development Advisory Committee is taken to be the same body as it was immediately before that amendment, despite the changes to its constitution, and no decision, matter or thing is to be affected because of that change.".
59Meetings
In section 14(1) of the Regional Development Victoria Act 2002, for "6 times a year" substitute "quarterly".
60Schedule 1 amended
In Schedule 1 to the Regional Development Victoria Act 2002, for "Melton Shire Council" substitute "Melton City Council".
PART 13—AMENDMENT OF SEAFOOD SAFETY ACT 2003
61Definitions
In section 3 of the Seafood Safety Act 2003 insert the following definition—
"meat transport vehicle has the same meaning as in the Meat Industry Act 1993;".
62Exemptions from licensing requirement
For section 10(1)(a)(ii) of the Seafood Industry Act 2003 substitute—
"(ii)holds a current or valid licence—
(A)in accordance with Part 4 of the Meat Industry Act 1993; or
(B)in accordance with regulations made under that Act for the conveyance of seafood in a meat transport vehicle; or".
63Discretionary powers of Authority in respect of licences
After section 15(2)(b) of the Seafood Safety Act 2003 insert—
"(ba)the applicant or licensee has held a licence under this Act or the Meat Industry Act 1993 and failed to meet or comply with the conditions of the licence and the Authority considers, on reasonable grounds, that the non-compliance is sufficient to justify its decision under subsection (1);".
PART 14—MINOR AND TECHNICAL AMENDMENTS TO OTHER ACTS
Division 1—Consequential amendments to Children, Youth and Families Act 2005
64Definitions
(1)In section 3(1) of the Children, Youth and Families Act 2005, for paragraph (b) of the definition of case plan substitute—
"(b)in relation to a community service provider, a statement of any decision concerning a child to whom the community service is, or is to be, provided;".
(2)In section 3(1) of the Children, Youth and Families Act 2005, for the definition of community-based child and family service substitute—
"community-based child and family service means a community-based child and family service within the meaning of regulations made under the Social Services Regulation Act 2021 that is provided by a person who is registered under Part 3 of that Act to provide that service;".
(3)In section 3(1) of the Children, Youth and Families Act 2005, for the definition of community service substitute—
"community service means any of the following—
(a)a community service established under section 44(1)(a)(i) that is provided by a person who is registered under Part 3 of the Social Services Regulation Act 2021 to provide that community service;
(b)a community-based child and family service;
(c)an out of home care service;
(d)a secure welfare service;".
(4)In section 3(1) of the Children, Youth and Families Act 2005, for the definition of out of home care service substitute—
"out of home care service means a social service that—
(a)is either—
(i)an out of home care service within the meaning of regulations made under the Social Services Regulation Act 2021; or
(ii)an out of home care service established under section 44(1)(a)(ia); and
(b)is provided by a person who is registered under Part 3 of the Social Services Regulation Act 2021 to provide that service;".
(5)In section 3(1) of the Children, Youth and Families Act 2005, for the definition of secure welfare service substitute—
"secure welfare service means a secure welfare service established under section 44(1)(a)(ii) that is provided by a person who is registered under Part 3 of the Social Services Regulation Act 2021 to provide that secure welfare service;".
(6)In section 3(1) of the Children, Youth and Families Act 2005, the definitions of register of out of home care services and registered out of home care service are repealed.
65Aboriginal agency
In section 6(2)(a) of the Children, Youth and Families Act 2005, after "community service" insert "provider".
66Recognition principles
In section 7E(11) of the Children, Youth and Families Act 2005, in the definition of Aboriginal-led community service, for "community service" substitute "community service provider".
67Secretary and community services to have regard to and give effect to recognition principles
(1)In the heading to section 7G of the Children, Youth and Families Act 2005, for "community services" substitute "community service providers".
(2)In section 7G(2) of the Children, Youth and Families Act 2005, after "community service" insert "provider".
68Decision makers to have regard to principles
In section 8(3) of the Children, Youth and Families Act 2005, after "community service" insert "provider".
69Decision-making principles
In section 11 of the Children, Youth and Families Act 2005, after "Secretary or a community service" insert "provider".
70Additional decision-making principles
In section 12(1) of the Children, Youth and Families Act 2005, after "Secretary or a community service" insert "provider".
71Responsibilities of the Secretary
In section 16(1) of the Children, Youth and Families Act 2005—
(a)in paragraph (c), for "community services" substitute "community service providers";
(b)in paragraph (e), for "and community services" substitute "and community service providers".
72Power of Secretary to provide funds
In section 23(1) of the Children, Youth and Families Act 2005, after "any community-based child and family service" insert "provider".
73Authority to use Crown property
In section 25(1) of the Children, Youth and Families Act 2005, after "any community-based child and family service" insert "provider".
74Agreements relating to use of Crown property
In section 26(1) of the Children, Youth and Families Act 2005, after "community-based child and family service" insert "provider".
75Response by community-based child and family service to referral
(1)In section 33(1) of the Children, Youth and Families Act 2005, for "the service may" substitute "the service provider may".
(2)In section 33(2) of the Children, Youth and Families Act 2005—
(a)for "it considers" substitute "the service provider considers";
(b)for "the service must" substitute "the service provider must".
(3)In section 33(3) of the Children, Youth and Families Act 2005, for "the service may" substitute "the service provider may".
76Consultation with Secretary
In section 38 of the Children, Youth and Families Act 2005, for "service may" substitute "service provider may".
77Records of disclosures
In section 39 of the Children, Youth and Families Act 2005, after "service" insert "provider".
78Identity of reporter or referrer confidential
(1)In section 41(1) of the Children, Youth and Families Act 2005, after "service" insert "provider".
(2)In section 41(1A) of the Children, Youth and Families Act 2005, for "service—" substitute "service provider—".
(3)In section 41(2)(b) of the Children, Youth and Families Act 2005, after "service" insert "provider".
(4)In section 41(3) of the Children, Youth and Families Act 2005, after "service" (wherever occurring) insert "provider".
79Review by Victorian Civil and Administrative Tribunal
In section 42(1) of the Children, Youth and Families Act 2005, after "service" insert "provider".
80Departmental community services and secure welfare services
(1)After section 44(a)(i) of the Children, Youth and Families Act 2005 insert—
"(ia)a service as an out of home care service; or".
(2)At the end of section 44 of the Children, Youth and Families Act 2005 insert—
"(2)If a service is established as a community service under subsection (1)(a)(i), the Order must specify the prescribed class of community service to which that community service belongs.".
81Community services
(1)In section 72 of the Children, Youth and Families Act 2005, for "community service" (where twice occurring) substitute "community service provider".
(2)In the note at the foot of section 72 of the Children, Youth and Families Act 2005, after "community service" insert "provider".
82Search on entering or leaving a secure welfare service
In section 72B(1) of the Children, Youth and Families Act 2005, for "secure welfare service" substitute "place at which a secure welfare service is provided".
83Secretary may order search
In section 72C(1)(b) of the Children, Youth and Families Act 2005, for "secure welfare service" substitute "place at which the secure welfare service is provided".
84Consequences of refusal to submit to search
In section 72G of the Children, Youth and Families Act 2005—
(a)for "secure welfare service" (where twice occurring) substitute "place at which the secure welfare service is provided";
(b)in paragraph (b), for "the service" substitute "the place".
85Manner of dealing with seized things that may be used in a legal proceeding
In section 72K of the Children, Youth and Families Act 2005, for "secure welfare service" substitute "place at which a secure welfare service is provided".
86Manner of dealing with seized money
In section 72L of the Children, Youth and Families Act 2005, for "secure welfare service" (where first occurring) substitute "place at which a secure welfare service is provided".
87Manner of dealing with other seized articles or things
In section 72M of the Children, Youth and Families Act 2005, for "secure welfare service" substitute "place at which a secure welfare service is provided".
88Disposal
In section 72N(1) of the Children, Youth and Families Act 2005, for "secure welfare service" substitute "place at which a secure welfare service is provided".
89Definitions
In section 134 of the Children, Youth and Families Act 2005, for paragraph (b) of the definition of service provider substitute—
"(b)an out of home care service provider; or".
90Who may have the care of the child under an agreement?
In section 147(b)(iii) of the Children, Youth and Families Act 2005, for "service in his or her" substitute "service provider in the person's".
91Restrictions on who may provide long-term care of children
In section 161(2)(c) of the Children, Youth and Families Act 2005, after "service" (where twice occurring) insert "provider".
92Definitions
In section 161A of the Children, Youth and Families Act 2005, in the definition of out of home carer—
(a)after "care service" (where first and second occurring) insert "provider";
(b)in paragraph (b)(ii), after "the service" insert "provider".
93Responsibilities of Minister
For section 164(b) of the Children, Youth and Families Act 2005, for "community services" substitute "community service providers".
94Authorisation of carer to make certain decisions
In section 175B(2) of the Children, Youth and Families Act 2005, for "or the person in charge of an out of home care service" substitute ", an out of home care service provider or the person in charge of an out of home care service".
95Responsibility of Secretary or out of home care service to provide information to carers
(1)In the heading to section 179 of the Children, Youth and Families Act 2005, after "out of home care service" insert "providers".
(2)In section 179(1) of the Children, Youth and Families Act 2005—
(a)after "an out of home care service" insert "provider";
(b)for "or out of home care service" substitute "or the provider";
(c)for "or the service" substitute "or the provider".
(3)In section 179(2) of the Children, Youth and Families Act 2005—
(a)for "an out of home care service" substitute "an out of home care service provider";
(b)for "or out of home care service" substitute "or the provider";
(c)for "or the service" substitute "or the provider".
96Confidentiality
(1)In section 191(1) of the Children, Youth and Families Act 2005, after "service" insert "provider".
(2)In section 191(4) of the Children, Youth and Families Act 2005, for "service if" substitute "service provider if".
(3)In section 191(5) of the Children, Youth and Families Act 2005, after "service" insert "provider".
97Disclosure and use of information under this Act
For section 192(1)(e) of the Children, Youth and Families Act 2005 substitute—
"(e)a community service provider, a person in charge of a community service or a person employed or engaged by a community service provider, in the provider or person's official capacity; or".
98Disclosure of information in course of consultation by a community-based child and family service
(1)In the heading to section 193 of the Children, Youth and Families Act 2005, after "service" insert "provider".
(2)In section 193(2) of the Children, Youth and Families Act 2005—
(a)after "family service" insert "provider";
(b)in paragraph (b), after "service" insert "provider".
(3)In section 193(3) of the Children, Youth and Families Act 2005—
(a)after "family service" (where twice occurring) insert "provider";
(b)in paragraph (b), after "service" insert "provider".
(4)In section 193(4) of the Children, Youth and Families Act 2005, after "family service" insert "provider".
(5)In section 193(5) of the Children, Youth and Families Act 2005, after "family service" (where twice occurring) insert "provider".
99Definitions
In section 592B of the Children, Youth and Families Act 2005, in paragraph (b) of the definition of responsible agency, after "community service" insert "provider".
100Regulations
After section 600(1)(j) of the Children, Youth and Families Act 2005 insert—
"(ja)prescribing classes of community service that may be specified in an Order under section 44(2); and".
101New section 635 inserted
Before the Schedules to the Children, Youth and Families Act 2005 insert—
"635 Transitional provision—Regulatory Legislation Amendment (Reform) Act 2024
(1)This section applies if, immediately before the commencement day, an Order under section 44(a)(i) or (ii) is in force.
(2)On and from the commencement day, the person providing the community service established by the Order is taken—
(a)in the case of a person providing a community service other than a secure welfare service, to be the provider of an out of home care service established under section 44(1)(a)(ia); and
(b)in the case of a person providing a secure welfare service, to be the provider of a secure welfare service established under section 44(1)(a)(ii); and
(c)to be registered under Part 3 of the Social Services Regulation Act 2021 in respect of that out of home care service or secure welfare service (as appropriate).
(3)In this section—
commencement day means the day on which Division 1 of Part 14 of the Regulatory Legislation Amendment (Reform)Act 2024 comes into operation.".
Division 2—Amendment of Social Services Regulation Act 2021 in relation to notification requirements
102Registered social service provider to notify Regulator of certain matters
(1)In section 47(1)(e) of the Social Services Regulation Act 2021, after "registration" insert "that materially impact service delivery".
(2)In section 47(2) of the Social Services Regulation Act 2021—
(a)after "must" insert "be made";
(b)in paragraph (a), omit "be made".
103Notifiable incidents
In section 48(4) of the Social Services Regulation Act 2021, after "subsection (1)" insert ", either generally or in relation to a class of serious incident,".
104Section 329 repealed
Section 329 of the Social Services Regulation Act 2021 is repealed.
Division 3—Consequential amendment of Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023
105Continuation of secure welfare services
Section 17 of the Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023 is repealed.
Division 4—Amendments related to references to Homes Victoria
106Sale of Land Act 1962
In section 29WA(a)(i) of the Sale of Land Act 1962, for "appointed under section 9(1) of the Housing Act 1983" substitute "(within the meaning of section 4(1) of the Housing Act 1983)".
107Land (Goonawarra Golf Course) Act 1988
In section 7(1) of the Land (Goonawarra Golf Course) Act 1988, for "the Director of Housing" substitute "Homes Victoria (within the meaning of the Housing Act 1983)".
PART 15—REPEAL OF THIS ACT
108Repeal of this Act
This Act is repealed on 28 November 2025.
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: 29 November 2023
Legislative Council: 8 February 2024
The long title for the Bill for this Act was "A Bill for an Act to amend the Monetary Units Act 2004 in relation to the use of fee units, to amend the Essential Services Commission Act 2001 in relation to various administrative and enforcement matters, to amend the Meat Industry Act 1993 in relation to the application of that Act, to amend the Seafood Safety Act 2003 in relation to transport, to amend the Food Act 1984 to modernise certain requirements, to amend the Drugs, Poisons and Controlled Substances Act 1981 in relation to permit exemptions, to amend the Regional Development Victoria Act 2002 in relation to advisory committee membership and other miscellaneous matters, to amend the Environment Protection Act 2017 in relation to the emergency transportation of waste, to make miscellaneous amendments to the Casino Control Act 1991 and the Gambling Regulation Act 2003, to make miscellaneous amendments to the Children, Youth and Families Act 2005, the Social Services Regulation Act 2021 and the Child Wellbeing and Safety Act 2005, to amend the Education and Training Reform Act 2006 in relation to various enforcement powers, to consequentially amend various Acts to reflect changes relating to Homes Victoria and for other purposes."
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