Treasury Legislation (Miscellaneous Amendments) Act 2005 (Vic)

Treasury Legislation (Miscellaneous Amendments) Act 2005

Act No. 72/2005

table of provisions

Section  Page

Part 1—Preliminary

1.Purposes

2.Commencement

Part 2—Amendment of Financial Management Act 1994

3.Transmission of documents to Parliament

Part 3—Amendment of State Owned Enterprises Act 1992

4.Trade Practices Act 1974 of the Commonwealth

5.Insertion of new section 86A

86A.Competition policy authorisation—VicForests

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Endnotes

Treasury Legislation (Miscellaneous Amendments) Act 2005

[Assented to 25 October 2005]

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1.Purposes

The purposes of this Act are—

(a)to amend the Financial Management Act 1994—

(i)to enable financial reports to be tabled with the budget;

(ii)to provide requirements for the transmission by the Minister of certain documents to Parliament when neither House of the Parliament is sitting;

(b)to amend the State Owned Enterprises Act 1992 to authorise certain activities for the purposes of Part IV of the Trade Practices Act 1974 of the Commonwealth and of the Competition Code.

2.Commencement

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

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Part 2—Amendment of Financial Management Act 1994

3.Transmission of documents to Parliament

(1)After section 27D(3) of the Financial Management Act 1994 insert—

"(3A)Despite sub-section (3), if in any financial year the budget for the following financial year (or, if applicable, the current financial year) is delivered within 30 days after the due date set out in Column 2 of the Table for a document (other than the budget update), the due date for the document is extended so as to allow the document to be transmitted to each House of the Parliament on the day on which the budget is delivered.".

(2)In section 27D(5) of the Financial Management Act 1994, for "when the Parliament is in recess" substitute "on a day on which neither House of the Parliament is actually sitting".

(3)Section 27D(7) of the Financial Management Act 1994 is repealed.

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Part 3—Amendment of State Owned Enterprises Act 1992

4.Trade Practices Act 1974 of the Commonwealth

In section 86 of the State Owned Enterprises Act 1992, for "as amended and in force for the time being" substitute "and the Competition Code".

5.Insertion of new section 86A

After section 86 of the State Owned Enterprises Act 1992 insert—

'86A.Competition policy authorisation—VicForests

(1)For the purposes of Part IV of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, any act or thing done by or in relation to VicForests, or any director or officer on behalf of VicForests, that is specified in sub-section (2) as an act or thing or kind of act or thing to which this section applies, is specifically authorised if the act or thing or kind of act or thing is done with the consent of the Treasurer.

(2)This section applies to the following acts or things or kinds of acts or things—

(a)tendering or auction processes for the allocation and sale of timber resources;

(b)a contract, arrangement or understanding entered into in connection with the allocation or sale of timber resources;

(c)giving effect to a contract, arrangement or understanding of the kind referred to in paragraph (b);

(d)any thing done in connection with a process, contract, arrangement or understanding of the kind referred to in paragraph (a), (b) or (c).

(3)This section does not apply to anything done, or conduct engaged in, on or after 1 July 2015.

(4)In this section—

"director" means a director of VicForests;

"officer" means an officer of VicForests;

"VicForests" means the body known as "VicForests" that was established as a State body under section 14 and declared to be a State business corporation under section 17 by Orders in Council dated 28 October 2003 published in the Government Gazette on that day.'.

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Endnotes

Minister's second reading speech—

Legislative Assembly: 14 September 2005

Legislative Council: 19 October 2005

The long title for the Bill for this Act was "to amend the Financial Management Act 1994 and the State Owned Enterprises Act 1992 and for other purposes."