Statute Law Amendment Act 2023 (Vic)

Statute Law Amendment Act 2023

No. 6 of 2023

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Acts

3Amendment of Acts

Part 3—Amendment of Competition Policy Reform (Victoria) Act 1995

4Definitions

5The Competition Code text

6Application of Competition Code

7Special provisions

8Functions and powers conferred on Commonwealth officers and authorities

9No doubling-up of liabilities

10Things done for multiple purposes

11Regulations generally and regulations for exceptions

Part 4—Repeal of this Act

12Repeal of this Act

Schedule 1—Amendment of Acts

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Endnotes

1      General information

Statute Law Amendment Act 2023

No. 6 of 2023

[Assented to 9 May 2023]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to revise the statute law of Victoria; and

(b)to make minor amendments to the Competition Policy Reform (Victoria) Act 1995.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

PART 2—AMENDMENT OF ACTS

3Amendment of Acts

On the commencement of an item in Schedule 1, the Act specified in the heading to that item is amended as set out in that item.

PART 3—AMENDMENT OF COMPETITION POLICY REFORM (VICTORIA) ACT 1995

4Definitions

(1)In section 3(1) of the Competition Policy Reform (Victoria) Act 1995—

(a)insert the following definition—

"Competition and Consumer Act means the Competition and Consumer Act 2010 of the Commonwealth;"; and

(b)in the definitions of Commission, Council, officer and Tribunal, for "Trade Practices Act" substitute "Competition and Consumer Act"; and

(c)in the definition of Schedule version of Part IV, for "the Schedule to the Trade Practices Act" substitute "Schedule 1 to the Competition and Consumer Act"; and

(d)the definition of Trade Practices Act is repealed.

(2)In section 3(2) of the Competition Policy Reform (Victoria) Act 1995, for "Trade Practices Act" substitute "Competition and Consumer Act".

5The Competition Code text

In section 4(1)(b) and (c) of the Competition Policy Reform (Victoria) Act 1995, for "Trade Practices Act" substitute "Competition and Consumer Act".

6Application of Competition Code

In section 8(6) of the Competition Policy Reform (Victoria) Act 1995, in the definition of Commonwealth Minister, for "Trade Practices Act" substitute "Competition and Consumer Act".

7Special provisions

In section 9 of the Competition Policy Reform (Victoria) Act 1995—

(a)for "references in sections 45 and 45B" substitute "reference in section 45"; and

(b)for "are taken to be references" substitute "is taken to be a reference".

8Functions and powers conferred on Commonwealth officers and authorities

In section 27(1), (2) and (4) of the Competition Policy Reform (Victoria) Act 1995, for "Trade Practices Act" substitute "Competition and Consumer Act".

9No doubling-up of liabilities

In section 34 of the Competition Policy Reform (Victoria) Act 1995—

(a)in subsection (1)(a), for "the Trade Practices Act" substitute "the Competition and Consumer Act"; and

(b)in subsection (1)(b), for "the Trade Practices Act" substitute "the Competition and Consumer Act"; and

(c)in subsection (2), for "the Trade Practices Act" substitute "the Competition and Consumer Act".

10Things done for multiple purposes

In section 35 of the Competition Policy Reform (Victoria) Act 1995, for "the Trade Practices Act or the Competition Code of one or more other jurisdictions" substitute "the Competition and Consumer Act or the Competition Code of one or more other participating jurisdictions".

11Regulations generally and regulations for exceptions

In section 39(2) of the Competition Policy Reform (Victoria) Act 1995, for "Trade Practices Act" substitute "Competition and Consumer Act".

PART 4—REPEAL OF THIS ACT

12Repeal of this Act

This Act is repealed on the first anniversary of its commencement.

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).

SCHEDULE 1—AMENDMENT OF ACTS

Section 3

1Aboriginal Heritage Act 2006

In section 65(2D) and (2E), for "subsection (1)" substitute "subsection (2)".

2Domestic Animals Act 1994

In section 84M(1), for "a person or a body" substitute "or a person or body that has an agreement with a Council under section 84Y".

3Housing Act 1983

3.1In section 26A(3), for "the Director" substitute "Homes Victoria".

3.2In section 37(1)—

(a)in paragraph (a), for "Homes Victoria of Housing" substitute "the Chief Executive Officer, Homes Victoria"; and

(b)in paragraph (c), for "Homes Victoria of Housing" substitute "the Chief Executive Officer, Homes Victoria".

3.3In section 37(3)(a), for "Homes Victoria of Housing" substitute "the Chief Executive Officer, Homes Victoria".

3.4In section 39, for "Homes Victoria of Housing," substitute "The Chief Executive Officer, Homes Victoria,".

4Justice Legislation Amendment (Police and Other Matters) Act 2022

Section 8(2) is repealed.

5Sex Offenders Registration Act 2004

After item 28D(vii) of Schedule 2 insert—

"(viia)section 474.25C (using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16) except if the offence does not involve an act in preparing or planning to engage in sexual activity with a person under 16 years of age or an act in preparing or planning to procure a person under 16 years of age to engage in sexual activity;".

6Terrorism (Community Protection) Act 2003

In section 13W(4) for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".

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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 Council: 20 December 2022

Legislative Assembly: 9 March 2023

The long title for the Bill for this Act was "A Bill for an Act to revise the statute law of Victoria, to make minor amendments to the Competition Policy Reform (Victoria) Act 1995 and for other purposes."