Statute Law (Further Revision) Act 2002 (Vic)
Statute Law (Further Revision) Act 2002
Act No. 11/2002
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 1 3. Amendment of Acts 2 4. Repeals 2
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SCHEDULES 3 SCHEDULE 1—Amendment of Acts 3 SCHEDULE 2—Repeals 13
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ENDNOTES 18
i
Victoria
No. 11 of 2002
Statute Law (Further Revision) Act
2002†
[Assented to 23 April 2002]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to revise further the
Statute Law of Victoria.
2. Commencement
(1) Subject to sub-section (2), this Act comes into operation on the day after the day on which it receives the Royal Assent.
Statute Law (Further Revision) Act 2002
Act No. 11/2002 s. 3 (2) The following items in Schedule 1 are deemed to have come into operation on the following dates—
(a) item 9 on 16 May 2000;
(b) item 16.1 on 1 January 2002;
(c) item 18 on 21 November 2000;
(d) item 23 on 23 October 2001;
(e) item 44 on 7 February 2002;
(f) item 60 on 16 May 1989;
(g) item 64 on 1 July 1982.
3. Amendment 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.
4. Repeals
The Acts listed in Schedule 2 are repealed.
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Statute Law (Further Revision) Act 2002
| Sch. 1 | Act No. 11/2002 |
| SCHEDULES |
SCHEDULE 1
Section 3
AMENDMENT OF ACTS
1. Aboriginal Lands (Aborigines' Advancement League) (Watt Street, Northcote) Act 1982
In section 3(4) for "Mines Act 1958 or the Extractive Industries
Act 1966 or a lease or permit under the Petroleum Act 1958"
substitute "Mineral Resources Development Act 1990, the
Extractive Industries Development Act 1995 or the Petroleum
Act 1998".2. Aboriginal Land (Manatunga Land) Act 1992
In section 3(2)(b) for "Petroleum Act 1958" substitute
"Petroleum Act 1998".3. Aboriginal Land (Northcote Land) Act 1989
In section 5(4) for "or a lease or permit under the Petroleum Act
1958" substitute "or the Petroleum Act 1998".4. Accident Compensation Act 1985
In section 119L(1), at the end of paragraph (i) omit "and".5. Bayside Project Act 1988
5.1 In section 3(1) the definition of "open space management
prescription" is repealed.5.2 In Part 3 the heading "PART 3—R EFERENCES TO
ARBITRATION" is repealed.5.3 In section 35, at the end of paragraph (a) omit "and".
6. Building Act 1993
6.1 In section 75JB(e) for "Division" substitute "Part".
6.2 In section 137A for "(3) A reference" substitute
"(4) A reference".6.3 In section 200(7)(ba) for "Act; and; and" substitute "Act;
and".
Statute Law (Further Revision) Act 2002
Act No. 11/2002 Sch. 1 7. Children and Young Persons Act 1989
In sections 64(3C)(a), 66(4)(da) and 67(2) for "Administrative
Appeals Tribunal" substitute "Victorian Civil and Administrative
Tribunal".8. Children and Young Persons (Amendment) Act 1992 In section 13, sub-section (2) is repealed.
9. Chinese Medicine Registration Act 2000 In section 94(2)—
(a) in paragraph (a), for "61(c)" substitute "61(1)(c)";
(b) in paragraph (b), for "61(d)" substitute "61(1)(d)".
In section 403 for "(1) In this Division" substitute "In this
Division".
10. Co-operatives Act 1996
11. Corrections (Management) Act 1993
In section 5, in proposed section 29C, for "legally qualified medical practitioner" substitute "registered medical practitioner within the meaning of the Medical Practice Act 1994".
12. County Court Act 1958
The Second Schedule is repealed.13. Crimes Act 1958
In section 361(1) for "in in the legal custody" substitute "in the legal custody".
14. Crown Land (Reserves) Act 1978
14.1 In section 3—
(a) the definition of "designated port" is repealed;
(b) after the definition of "coastal Crown land" insert— ' "designated port" means lands or waters in respect of which a declaration under section 111 of the Marine Act 1988 is in force;'.
14.2 In section 5(4)(c), after "meaning" insert "of".
15. Cultural and Recreational Lands Act 1963
In section 4(4) for "pound" (wherever occurring) substitute
"dollar".
Statute Law (Further Revision) Act 2002
| Sch. 1 | Act No. 11/2002 |
16. Drugs, Poisons and Controlled Substances Act 1981
16.1 In section 4(1), in paragraph (b) of the definition of
"authorised practitioner", for "section 5" substitute "section
16A".16.2 In section 129(1)(aa)—
(a) for "registered Chinese medicine practitioners" practitioners,";
(b) for "nurse practitioners" substitute "nurse practitioners,".
17. Duties Act 2000
In section 240(1)(c)(iii) for "proceeding have" substitute
"proceeding has".18. Electricity Industry Act 2000
In section 117(3) for "sub-section (2) or (3)" substitute "sub- section (1) or (2)".
19. Electricity Industry Acts (Further Amendment) Act 1999 Section 17 is repealed.
20. Electricity Industry (Residual Provisions) Act 1993
In section 3(1), in the definition of "VENCorp" for "Part 2A of the
Gas Industry Act 1994" substitute "Part 8 of the Gas Industry
Act 2001".21. Electricity Safety Act 1998
In section 86(3)(b) for "greater that" substitute "greater than".22. Environment Protection Act 1970
In sections 19B(3)(a)(ii), 19B(4), 19B(5)(b), 20(8)(a)(ii), 20(8)(c),
20(8)(d)(ii), 20A(6)(a)(ii), 20A(6)(c), 20A(6)(d)(ii) and 28(2) for
"Department of Health" (wherever occurring) substitute
"Department of Human Services".23. Essential Services Commission Act 2001
In section 70(i), in sub-paragraphs (i) and (ii), for "sub-section (2)" substitute "sub-section (3)".
24. Extractive Industries Development Act 1995
24.1 Section 58 is repealed.
24.2 Schedule 1 is repealed.
Statute Law (Further Revision) Act 2002
Act No. 11/2002 Sch. 1
25. Gaming and Betting Act 1994
25.1 In section 127(3)—
(a)
in paragraph (c) for "obtain it; or; or" substitute "obtain it; or";
(b)
in paragraph (d) (where first occurring) for "(d) divulge" substitute "(ca) divulge".
25.2 In section 135 for ", for investigation under section 103 or
for a certificate under section 54" substitute "or for
investigation under section 103".
26. Gaming Machine Control Act 1991
26.1 In section 19A for "a gaming operator" substitute
"A gaming operator".
26.2 In section 114(1) for "to held" substitute "to be held". 26.3 In section 136(6) for "sub-sections (2) and (3)" substitute
"sub-section (3)".27. Gaming No. 2 Act 1997
27.1 In section 31(2) for "holder of permit" substitute "holder of
a permit".27.2 In section 82(2)(b) for "section 80" substitute "section 83".
28. Gas Industry Act 2001
28.1 In section 68(5) for "ORG" substitute "the Office of the
Regulator-General".28.2 In section 167(2) for "Public Sector Management Act
1992" substitute "Public Sector Management and
Employment Act 1998".
28.3 In section 231(4) before "under" insert "established".
29. Gas Industry (Residual Provisions) Act 1994
In section 62S(1) for "or the purposes" substitute "for the purposes".
30. Grain Handling and Storage Act 1995
30.1 In section 15(2) for "Office" substitute "Commission".
30.2 In section 18(2) for "Office of the Regulator-General Act
1994" substitute "Essential Services Commission Act
2001".
Statute Law (Further Revision) Act 2002
| Sch. 1 | Act No. 11/2002 |
31. Health Act 1958
31.1 In section 108C(2)(b) after "he" (where twice occurring)
insert "or she".
31.2 In section 146(1)—
(a)
in paragraph (c)(ii) omit "; and" (where secondly occurring);
(b)
in paragraph (c) omit "and" at the end of sub- paragraph (vii);
(c) in paragraph (k)—
(i) for "children's service centres (within the meaning of Part XIA)" substitute "children's services or any premises or place where a children's service within the meaning of the Children's Services Act 1996 operates";
(ii) omit "or centre";
(iii) after "attendance" insert "or attendance at those premises or that place";
(d)
in paragraph (l)(i)(C) omit "; and" (where secondly occurring).
31.3 In section 401(2) omit "drugs or".
32. Health Services Act 1988
In section 54 for "(1) An agreement" substitute "An agreement".33. Heritage Act 1995
In section 98(3)(a) for "has" substitute "have".34. House Contracts Guarantee Act 1987
34.1 In section 13(6) for "the the Tribunal" substitute
"the Tribunal".
34.2 In section 18(7) for "paragraphs" substitute "paragraph".
34.3 In section 21A(1) for "domestic" substitute "a domestic".
34.4 In section 23(1)(b) for "domestic work" substitute
"domestic building work".
35. Impounding of Livestock Act 1994 Sections 35, 36, 37, 38, 39, 40, 41 and 42 are repealed.
Statute Law (Further Revision) Act 2002
Act No. 11/2002 Sch. 1 36. Infertility Treatment Act 1995
In section 181(7) for "section 62 and 63" substitute "section 62 or
63".37. Interactive Gaming (Player Protection) Act 1999
In section 5(2)(a), (c), (d), (f), (g) and (h) for "telecommunications device" substitute "telecommunication device".
38. Interpretation of Legislation Act 1984 In section 57(6) omit "and" at the end of paragraph (b).
39. Land Act 1958
In section 366 for "such petition" substitute "the application".40. Landlord and Tenant Act 1958
In section 43(1), in the definition of "authorized officer", for paragraph (b) substitute—
"(b) the Director within the meaning of the Fair Trading Act
1999; or".41. Legal Practice Act 1996
In section 342(1) after "Board" insert "of Examiners".42. Local Government Act 1989
In section 171(4)(d) for "Treasurer" substitute "Minister administering the State Concessions Act 1986".
43. Magistrates' Court Act 1989
43.1 In Schedule 4, in clause 56C for "by body" substitute "by a
body".43.2 In Schedule 4 for "63. Environment Protection Act 1970"
substitute "63A. Environment Protection Act 1970".44. Marine Act 1988
In section 85(4)(b)(i) for "Board's decision" substitute "Director's decision".
45. Medical Practice Act 1994
45.1 Sections 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
116, 117, 118, 119 are repealed.45.2 Schedules 1 and 2 are repealed.
Statute Law (Further Revision) Act 2002
| Sch. 1 | Act No. 11/2002 |
46. National Crime Authority (State Provisions) Act 1984
In section 21(15), in the definition of "relevant day", for "decision; or" substitute "decision.".
47. National Parks Act 1975
In section 57(1) for "to be dealt as" substitute "to be dealt with as".
48. Nurses Act 1993
In section 3(1), in the definition of "unprofessional conduct"—
(a)
at the end of paragraph (c)(iii) omit "; or" (where secondly occurring);
(b) at the end of paragraph (c)(iv) insert "or".
49. Parliamentary Committees Act 1968
In section 4D, paragraph (ba) is repealed.50. Pathology Services Accreditation Act 1984 In Schedule 1—
(a)
in Category G (General) for "scientist of scientists" substitute "scientist or scientists";
(b)
in Category U (Unspecified) for "whithin" substitute "within".
51. Pay-roll Tax Act 1971
51.1 In section 9A(3A)(a) and (b) for "employés" substitute
"employees".
51.2 In section 13A(2)(b) for "including" substitute "included".
52. Petroleum (Submerged Lands) Act 1982
52.1 In section 25(2) for "he" substitute "the Minister". 52.2 In section 41(2) for "his" substitute "the applicant's". 52.3 In section 59(11)(b) after "him" insert "or her". 52.4 In section 112(4)(c)(ii) for "he" substitute "the person". 52.5 In section 131(1) for "him" substitute "the person". 53. Pollution of Waters by Oil and Noxious Substances Act 1986
In section 23B(8)(c) for "compiled" substitute "complied".
Statute Law (Further Revision) Act 2002
Act No. 11/2002 Sch. 1 54. Prevention of Cruelty to Animals Act 1986
In section 9(1)(la) for "veterinary surgeon" substitute "veterinary practitioner".
55. Regional Infrastructure Development Fund Act 1999
In section 5(2) for "Treasurer" substitute "Minister administering
Part 7 of the Financial Management Act 1994".
56. Residential Tenancies Act 1997
56.1 In section 23(b) for "any member for" substitute "any
member of".56.2 In section 472(1) for "or proceedings" substitute "or in
proceedings".
57. Road Safety Act 1986
57.1 In section 56(6)(c)—
(a) for "appeals" substitute "applications";
(b)
for "Administrative Appeals Tribunal" substitute "Victorian Civil and Administrative Tribunal".
57.2 In section 74(2) for the expression commencing "an officer
of the Corporation" and ending "being an officer" substitute
"an officer of the Corporation or an employee in the
Department of Infrastructure (being an officer".58. Sale of Land Act 1962
In section 23, in the definition of "estate agent" for "section 3 of the Estate Agents Act 1958" substitute "section 4 of the Estate Agents Act 1980".
59. Supreme Court Act 1986
59.1 In sections 79(1)(a) and 79(3)(a) for "6 month's rent"
substitute "6 months' rent".59.2 In section 104C(1)(a) for "that or his or her spouse"
substitute "that of his or her spouse".60. Transfer of Land (Computer Register) Act 1989
In Schedule 2, in clause 67 for "Presbyterian Church Trust
Property Act 1890" substitute "Presbyterian Trusts Act 1890".
61. Transport Accident Act 1986
61.1 In section 3 for "(7) For the purposes" substitute "(6) For
the purposes".
Statute Law (Further Revision) Act 2002
| Sch. 1 | Act No. 11/2002 |
61.2 In section 100(2)(b) omit "notice" (where first occurring). 62. Transport Act 1983
62.1
In section 211(1), in paragraph (b)(ii) of the definition of "authorised officer", for "1998; or" substitute "1998—".
62.2 In section 249A(1), paragraph (b) is repealed.
63. Veterinary Practice Act 1997
In section 73—(a) for "(1) An act" substitute "An act";
(b) for "(2) in the case" substitute "(c) in the case". 64. Victorian Sanatoria for Consumptives Act 1911 In section 7, sub-section (2) is repealed.
65. Vocational Education and Training Act 1990
65.1 In section 3, in the definition of "registered training
organisation", for "section 81" substitute "section 20 of the
Victorian Qualifications Authority Act 2000".65.2 In section 12(1)(c) for "the Board's" substitute
"the Commission's".
65.3 In section 18(2) and (4) for "Board" (wherever occurring)
substitute "Commission".65.4 In section 22C(1) for "State Training Board" substitute
"Commission".
65.5 In section 92(1) for "by an person" substitute "by a person".
66. Water Act 1989
66.1 In section 107A(2) the definition of "generation company" is
repealed.66.2 In section 161A(2) the definition of "generation company" is
repealed.
67. Water Industry Act 1994
67.1
In section 11A(1), (3) and (4) for "Office of the Regulator- General" (wherever occurring) substitute "Commission".
67.2 In section 11A(3), for paragraph (a) substitute—
"(a)
the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; and".
Statute Law (Further Revision) Act 2002
Act No. 11/2002 Sch. 1
68. Witness Protection Act 1991
In section 7(d) for "section 5" substitute "section 3B(2)(c)".
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Statute Law (Further Revision) Act 2002
| Sch. 2 | Act No. 11/2002 |
SCHEDULE 2
Section 4
REPEALS
Act No. Title of Act 1998 1 Financial Management (Amendment) Act 1998 2 Public Prosecutions (Amendment) Act 1998 3 Tertiary Education (Amendment) Act 1998 5 Arts Acts (Statute Law Revision) Act 1998 6 Education (Teachers) Act 1998 8 Summary Offences (Amendment) Act 1998 9
Drugs, Poisons and Controlled Substances (Amendment) Act 1998
11 Fire and Emergency Services Acts (Amendment) Act 1998 12 Health Acts (Statute Law Revision) Act 1998 13 Health Services (Amendment) Act 1998 15 State Trustees (Amendment) Act 1998 16 Transport Acts (Amendment) Act 1998 17 Valuation of Land (Amendment) Act 1998 18 Building (Amendment) Act 1998 20 Crimes (Family Violence) (Amendment) Act 1998 22 Firearms (Amendment) Act 1998 23 Property Law (Amendment) Act 1998 26 Agriculture Acts (Amendment) Act 1998 29 Gaming Acts (Amendment) Act 1998 30 Gaming No. 2 (Amendment) Act 1998 32 Heritage Rivers (Amendment) Act 1998 34 Transport Accident (Amendment) Act 1998 35 Victorian Plantations Corporation (Amendment) Act 1998 Statute Law (Further Revision) Act 2002
Act No. 11/2002 Sch. 2
Act No. Title of Act 38 Ambulance Services (Amendment) Act 1998 40 Gas Industry (Amendment) Act 1998 41 Land Tax (Amendment) Act 1998 42 Melbourne and Olympic Parks (Amendment) Act 1998 43 Miscellaneous Acts (Omnibus No. 1) Act 1998 47 Rail Corporations (Amendment) Act 1998 48 State Taxation (Amendment) Act 1998 54 Local Government (Amendment) Act 1998 56 Printers and Newspapers (Repeal) Act 1998 57 Road Safety (Amendment) Act 1998 58
Trade Measurement (Administration) (Amendment) Act 1998
59 Arts Acts (Amendment) Act 1998 60
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1998
63 Road Safety (Driving Instructors) Act 1998 64 Bail (Amendment) Act 1998 65 Crimes (Amendment) Act 1998 66 Health Services (Further Amendment) Act 1998 70 National Parks (Amendment) Act 1998 71 Patriotic Funds (Amendment) Act 1998 72 Planning and Environment (Amendment) Act 1998 73 Road Safety (Further Amendment) Act 1998 76
Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998
79 Legal Practice (Amendment) Act 1998 80
Crimes, Confiscation and Evidence Acts (Amendment) Act 1998
81 Accident Compensation (Amendment) Act 1998 82 Education (Amendment) Act 1998 83 Livestock Disease Control (Amendment) Act 1998 Statute Law (Further Revision) Act 2002
| Sch. 2 | Act No. 11/2002 |
Act No. Title of Act 84 Superannuation Acts (Amendment) Act 1998 85 Transfer of Land (Single Register) Act 1998 88 Chattel Securities (Amendment) Act 1998 89 Electricity Industry Acts (Amendment) Act 1998 90 Gaming Acts (Further Amendment) Act 1998 92 Land Titles Validation (Amendment) Act 1998 93 Legal Aid (Amendment) Act 1998 97 Racing and Betting Acts (Amendment) Act 1998 98 Rail Corporations (Further Amendment) Act 1998 99 Transport (Amendment) Act 1998 100 Victorian College of the Arts (Amendment) Act 1998 101 Licensing and Tribunal (Amendment) Act 1998 102 Melbourne City Link (Amendment) Act 1998 103 State Taxation (Further Amendment) Act 1998 104 Melbourne Cricket Ground (Amendment) Act 1998 1999 1 Barley Marketing (Amendment) Act 1999 2 Environment Protection (Amendment) Act 1999 3 Statute Law Revision (Repeals) Act 1999 4 Tattersall Consultations (Amendment) Act 1999 5 Transport Accident (Further Amendment) Act 1999 6 Transport Acts (Further Amendment) Act 1999 7 Coroners (Amendment) Act 1999 9 Legal Practice (Practising Certificates) Act 1999 10 Magistrates' Court (Amendment) Act 1999 11 Office of the Regulator-General (Amendment) Act 1999 12 Public Sector Reform (Further Amendments) Act 1999 13 Superannuation Acts (Further Amendment) Act 1999 15 Education Acts (Amendment) Act 1999 Statute Law (Further Revision) Act 2002
Act No. 11/2002 Sch. 2
Act No. Title of Act 17
Fair Trading (Inspectors Powers and Other Amendments) Act 1999
18 Rural Finance (Amendment) Act 1999 19 Sentencing (Amendment) Act 1999 20
State Trustees (State Owned Company) (Amendment) Act 1999
22 Water Acts (Amendment) Act 1999 23
Local Government (Melbourne City Council Rates) Act 1999
24 The Constitution Act Amendment (Amendment) Act 1999 25 Ambulance Services (Further Amendment) Act 1999 28 Marine (Amendment) Act 1999 29 Mental Health (Amendment) Act 1999 30 Police Regulation and Firearms (Amendment) Act 1999 31 Shrine of Remembrance (Amendment) Act 1999 32 Stamps (Amendment) Act 1999 38 Freedom of Information (Amendment) Act 1999 39 Gas Industry Acts (Further Amendment) Act 1999 40 Guardianship and Administration (Amendment) Act 1999 44 Prostitution Control (Amendment) Act 1999 45
Rail Corporations and Transport Acts (Amendment) Act 1999
47 State Taxation Acts (Amendment) Act 1999 52 Legal Practice (Amendment) Act 1999 53 Audit (Amendment) Act 1999 57
Freedom of Information (Miscellaneous Amendments) Act 1999
58 Gas Industry (Amendment) Act 1999 59 Local Government (Best Value Principles) Act 1999 60
Melbourne Sports and Aquatic Centre (Amendment) Act 1999
61 Police Regulation (Amendment) Act 1999 Statute Law (Further Revision) Act 2002
| Sch. 2 | Act No. 11/2002 |
Act No. Title of Act 62 Public Prosecutions (Amendment) Act 1999 63
Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999
65 Water (Waterway Management Tariffs) Act 1999
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Statute Law (Further Revision) Act 2002
Act No. 11/2002 Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 28 February 2002
Legislative Council: 16 April 2002
The long title for the Bill for this Act was "to revise further the Statute
Law of Victoria."
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