Statute Law Revision Act 2015 (Vic)
Version No. 001
Statute Law Revision Act 2015
No. 21 of 2015
Version as at
1 August 2015
TABLE OF PROVISIONS
Section Page
1Purpose
2Commencement
3Amendment of Acts
4Repeal of amending Act
Schedule 1—Amendment of Acts
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Statute Law Revision Act 2015
No. 21 of 2015
Version as at
1 August 2015
The Parliament of Victoria enacts:
1Purpose
The purpose of this Act is to revise the statute law of Victoria.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on 1 August 2015.
(2)The following items in Schedule 1 are taken to have come into operation on the following dates—
(a)item 9 on 1 July 2014;
(b)item 16 on 1 July 2014;
(c)item 19 on 29 June 2014;
(d)item 23 on 30 November 2013;
(e)item 62 on 30 June 2014;
(f)item 66 on 1 July 2014.
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.
4Repeal of amending Act
This Act is repealed on 1 August 2016.
Note
The repeal of this Act does not affect the repeals or 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 Lands Act 1970
In section 11(1)(h), for "Act; and" substitute "Act;".
2Accident Compensation Act 1985
2.1In section 91E, in the definition of week in paragraph (d), for "117)" substitute "117".
2.2In section 92A(8B), for ", each" substitute "each".
2.3In section 119J(2)(c), for "98A" substitute "98A,".
3Age of Majority Act 1977
After section 4, the heading "SCHEDULES" is repealed.
4Agricultural Industry Development Act 1990
After Part 8, the heading "SCHEDULES" is repealed.
5Architects Act 1991
In section 14(1)(a), for "practise" substitute "practice".
6Assisted Reproductive Treatment Act 2008
Part 15 is repealed.
7Australian Consumer Law and Fair Trading Act 2012
Clauses 2, 5 and 6 of Schedule 5 are repealed.
8Australian Crime Commission (State Provisions) Act 2003
After Part 8, the heading "SCHEDULE" is repealed.
9Children, Youth and Families Act 2005
For section 17(4) substitute—
"(4)The Secretary may, by instrument, delegate to an executive within the meaning of the Public Administration Act 2004 who is employed at the level of EO-2 or above—
(a)the power to approve under section 72P(3) a period of seclusion of more than 24 hours; and
(b)the power to approve under section 488(3) a period of isolation of more than 24 hours.".
10Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014
In section 38, in proposed section 298(4) of the Children, Youth and Families Act 2005, for "later," substitute "later.".
11Coal Mines (Pensions) Act 1958
After Part III, the heading "SCHEDULES" is repealed.
12Congestion Levy Act 2005
In the heading to section 41, after "Taxation" insert "Legislation".
13Conservation, Forests and Lands Act 1987
In section 60, for "requires,," substitute "requires,".
14Country Fire Authority Act 1958
After Part VII the heading "SCHEDULE" is repealed.
15Crime Statistics Act 2014
In section 3, in the definition of law enforcement data, for "Commissioner for Law Enforcement Data Security Act 2005" substitute "Privacy and Data Protection Act 2014".
16Dangerous Goods Act 1985
In section 3(1), for the definition of Authority substitute—
"Authority means the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013;".
17Emergency Management Act 2013
In section 64(1)(e), for "(ii)" (where secondly occurring) substitute "(iii)".
18Energy Safe Victoria Act 2005
After Part 5, the heading "SCHEDULES" is repealed.
19Environment Protection and Sustainability Victoria Amendment Act 2014
In section 30, for "Section 71(cb) and (cc)" substitute "Section 71(1)(cb) and (cc)".
20Filming Approval Act 2014
In section 3, in the definition of filming approval legislation, in paragraph (t) for "Centre 1979" substitute "Centre Act 1979".
21Financial Sector Reform (Victoria) Act 1999
After Part 6, the heading "SCHEDULES" is repealed.
22Fire Services Property Levy Act 2012
In section 11(6), for '"consumer' substitute "consumer".
23Greenhouse Gas Geological Sequestration Act 2008
In section 311, for "the Minister" substitute "Minister".
24Honorary Justices Act 2014
24.1In section 20(c)(i), for "re appointment" substitute "re-appointment".
24.2In section 46(4), for "fee, gratuity patronage" substitute "fee, gratuity, patronage".
24.3In section 53(2), for "justice of peace" substitute "justice of the peace".
25Human Services (Complex Needs) Act 2009
In section 3, in the definition of Tribunal, for "2014;" substitute "2014.".
26Imperial Acts Application Act 1980
In Division 1 of Part II, in the entry relating to [1275] 3 Edward I, for "State of Westminster" substitute "Statute of Westminster".
27Improving Cancer Outcomes Act 2014
In section 26(3), for "an after" substitute
"and after".
28Infringements Act 2006
In section 163A(3)(b) omit "or that member".
29Interpretation of Legislation Act 1984
In the heading to section 38I (where secondly occurring), for "38I" substitute "38J".
30Legal Profession Uniform Law Application Act 2014
In section 52(3), for "re-appointment" substitute "reappointment".
31Liquor Control Reform Act 1998
31.1In section 101B(1)(b) omit "that was".
31.2In section 148P(e), for "member" substitute
"the police officer".
32Magistrates' Court Act 1989
32.1In section 3(1), in the definition of excluded judicial officer, for paragraph (b) (where secondly occurring) substitute—
"(c)a Deputy State Coroner;".
32.2In section 7D(1), for paragraph (b)
(where secondly occurring) substitute—
"(c)Deputy State Coroner.".
33Major Transport Projects Facilitation Act 2009
In section 42A(2)(b) omit "and (2)".
34Mental Health Act 2014
34.1In section 145(1)(d), for '"(d)' substitute "(d)".
34.2In section 145(6), for "be tabled" substitute "to be tabled".
34.3In section 416(2), after "of the 2014" insert "Act".
35Mutual Recognition (Victoria) Act 1998
Section 8 is repealed.
36Occupational Health and Safety Act 2004
In section 138, after "in that section" insert "or".
37Parliamentary Committees Act 2003
In section 37A(2), for "evidence in" substitute "evidence given in".
38Perpetuities and Accumulations Act 1968
After section 19, the heading "Consequential" is repealed.
39Port Management Act 1995
In section 5(7) omit "of the Department of Transport, Planning and Local Infrastructure".
40Powers of Attorney Act 2014
In section 72(1), for "power attorney" substitute "power of attorney".
41Privacy and Data Protection Act 2014
41.1For section 13(1)(i) substitute—
"(i)Victoria Police;".
41.2In section 15(d), for "the police force of Victoria" substitute "Victoria Police".
41.3In section 62(2) and (4), for "the VCAT" substitute "VCAT".
42Public Administration Act 2004
42.1In section 104(3)(f), for "section 66(2)" substitute "section 62".
42.2In the heading to clause 14 of Schedule 3, for "Service" substitute "Services".
43Public Health and Wellbeing Act 2008
In section 3(1), in the definition of police officer, for "has the" substitute "has the same".
44Rail Safety (Local Operations) Act 2006
44.1In section 3B—
(a)for "an rail" substitute "a rail";
(b)for "an tourist" substitute "a tourist".
44.2In section 79(2), for "purpose rebutting" substitute "purpose of rebutting".
44.3In section 86G(2)(a), for "(as the case requires" substitute "(as the case requires)".
45Retirement Villages Act 1986
After Part 8, the heading "SCHEDULES" is repealed.
46Road Management Act 2004
In section 111(1), in the definition of "C", after "consumer price" insert "index".
47Sentencing Act 1991
47.1In section 3(1), in the definition of designated mental health service, for "the section" substitute "section".
47.2In section 89DD(3), for "member of the police force" substitute "police officer".
47.3In section 89DG(1)(b), for "member of the police force" substitute "police officer".
47.4In section 89DG(2)(b), for '89DD(5).".' substitute "89DD(5).".
47.5In clause 5(c) of Schedule 1, for "(a) (b)" substitute "(a), (b)".
48Serious Sex Offenders (Detention and Supervision) Act 2009
In section 189(4), in paragraph (d) of the definition of relevant person, for "deliver" substitute "delivers".
49Sex Work Act 1994
In the heading to section 21K omit "police" (where secondly occurring).
50Sport and Recreation Act 1972
After section 15A, the heading "SCHEDULE" is repealed.
51State Employees Retirement Benefits Act 1979
In section 43A(1) omit "(whichever is the later)" (where secondly occurring).
52Supported Residential Services (Private Proprietors) Act 2010
Division 4 of Part 11 is repealed.
53Sustainable Forests (Timber) Act 2004
In section 3, in the definition of police officer, after "meaning" insert "as".
54Terrorism (Community Protection) Act 2003
54.1In section 13R(1), for "member" (where twice occurring) substitute "police officer".
54.2In section 21X(1)(a), for "member" substitute "police officer".
55Transport (Compliance and Miscellaneous) Act 1983
55.1In section 84(v), for 'omitted;"' substitute "omitted.".
55.2In section 169MA(4), in paragraph (b)(ii) of the definition of reviewable decision, for "to a cancel" substitute "to cancel".
55.3In section 228RY(5)(a), for "things" substitute "thing".
56Transport Integration Act 2010
After Part 10, the heading "SCHEDULES" is repealed.
57Transport (Safety Schemes Compliance and Enforcement) Act 2014
57.1In section 68(1)—
(a)for "to whom" substitute "on whom";
(b)for "issued" substitute "served".
57.2In section 82(2)(a), for "of infrastructure" substitute "or infrastructure".
58Urban Renewal Authority Victoria Act 2003
In section 50(1), in the definition of Victorian Building Authority, for 'Authority"' substitute "Authority".
59Veterinary Practice Act 1997
The heading to Division 2 of Part 10 is repealed.
60Vexatious Proceedings Act 2014
In section 53, for "a extended" substitute
"an extended".
61Victoria Police Act 2013
In section 10(4)(f), for "Commissioner for Law Enforcement Data Security" substitute "Commissioner for Privacy and Data Protection".
62Victoria Police Amendment (Consequential and Other Matters) Act 2014
62.1In item 46.3 of the Schedule, for
"section 92(1)(a)" substitute "section 92(a)".
62.2In item 54.4 of the Schedule, for "2013"
(where first occurring) substitute "1958".
62.3In item 85.1(h) of the Schedule, for "(b)" substitute "(a)".
62.4In item 184.20(b) of the Schedule—
(a)for "a member" substitute "member";
(b)for "a police" substitute "police".
63Victorian College of Agriculture and Horticulture Act 1982
Section 7(1)(g) and Schedule One are repealed.
64Victorian Commission for Gambling and Liquor Regulation Act 2011
Part 10 and the Schedule are repealed.
65Victorian Inspectorate Act 2011
In section 3(1), in the note to the definition of police officer, for "that Act" substitute
"that Act)".
66Victorian Managed Insurance Authority Act 1996
For section 24(2) substitute—
"(2)Nothing in this section affects the application of the Accident Compensation Act 1985, the Workplace Injury Rehabilitation and Compensation Act 2013 or the Transport Accident Act 1986 to a department or participating body.".
67Wildlife Act 1975
In section 74C(1A), for "and authority" substitute "an authority".
68Workplace Injury Rehabilitation and Compensation Act 2013
In section 396(5), in the definition of tail claim, for "whenever made" substitute
"whenever made—".
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Council: 11 February 2015
Legislative Assembly: 27 May 2015
The long title for the Bill for this Act was "A Bill for an Act to revise the statute law of Victoria."
The Statute Law Revision Act 2015 was assented to on 16 June 2015 and came into operation as follows:
Sections 1–4 (Schedule 1 items 1–8, 10–15, 17, 18, 20–22, 24–61, 63–65, 67, 68) on 1 August 2015: section 2(1).
Section 3(Schedule 1 item 23) on 30 November 2013: section 2(2)(d).
Section 3(Schedule 1 item 19) on 29 June 2014: s. 2(2)(c).
Section 3(Schedule 1 item 62) on 30 June 2014: s. 2(2)(e).
Section 3(Schedule 1 item 9) on 1 July 2014: s. 2(2)(a).
Section 3(Schedule 1 item 16) on 1 July 2014: s. 2(2)(b).
Section 3(Schedule 1 item 66) on 1 July 2014: s. 2(2)(f).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Statute Law Revision Act 2015 by Acts and subordinate instruments.
3 Explanatory details
No entries at date of publication.
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