Untitled document
Law and Justice Legislation (Further Amendment)
Act 1997
Act No. 84/1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 3
PART 2—BAIL ACT 1977 4
3. Principal Act 4 4. Grant of bail 4 5. Sureties 4 6. Remand in custody by bail justice 5 7. Further application for bail 5 8. Revocation of bail 5 9. Admission to bail 6 10. Transitional 7
PART 3—CONSUMER CREDIT (VICTORIA) ACT 1995 8
11. Statute law revision 8
PART 4—COUNTRY FIRE AUTHORITY ACT 1958 9
12. Amendment of section 9B—deputy chairman 9
PART 5—CREDIT (ADMINISTRATION) ACT 1984 10
13. Application of Consumer Credit Fund 10
PART 6—CREDIT ACT 1984 11 14. Certain loan contracts not to be taken to be not in accordance
with section 36 11 15.
Transitional provision 11 167F. Operation of sections 36(2A) and (2B) 11 16.
Minor amendments 12 17.
Repeal 12
i
Section Page PART 7—EQUAL OPPORTUNITY ACT 1995 13
18. Principal Act 13 19. Definitions 13 20. Status as a non-parent is an attribute 14 21. Domestic or personal services exception 14 22. Exemptions by Tribunal 14 23. Dismissal of certain complaints 14 24. Application to strike out complaint 15 25. Dismissal of stale complaint 16 26. Notification if conciliation is inappropriate 16 27. Conciliation agreements 16 28. Notification of unsuccessful conciliation 17 29. Extension of time to determine if complaint should be expedited 17 30. Constitution of Tribunal for certain proceedings 18 31. Dismissal of complaint 18 32. Amendment of section 137 18 33. Enforcement of monetary orders 18 34. Power to dismiss complaint if directions are not followed 18 35. Functions of Commission 18 36. New section 182 substituted 18 182. Constitution of Tribunal 19 37. Deputy registrars 20 38. Compliance with conciliation agreements 20 39. New section 222A inserted 20 222A. Transitional 20 40. Statute law revision 21
PART 8—FIREARMS ACT 1996 22
41. Principal Act 22 42. Amendment of section 3—definitions 22 43. Amendment of section 53—insertion of penalty 23 44. Amendment of section 94—disposal of firearms by dealer to inter-State permit holder 23 45. Amendment of section 102—holder of inter-State permit excepted from offence 24 46. Amendment of section 116—notice of removal of firearm from the State 25 47. Amendment of Schedule 3—inter-State permit holders exempt from requirement to hold licence 26
PART 9—INSTRUMENTS ACT 1958 27
48. Repeal of Part IX and related provisions 27
ii
Section Page
49. New section 138A inserted 27 138A. Transitional provision 27 50. Statute law revision 27
PART 10—INTERPRETATION OF LEGISLATION ACT 1984 28
51. New sections 41 and 41AA substituted 28 41. Power to appoint 28 41AA. Acting appointments 30
PART 11—MAGISTRATES' COURT ACT 1989 33
52. Amendment of Magistrates' Court Act 1989 33
PART 12—SUPREME COURT ACT 1986 35
53. Amendment of Supreme Court Act 1986 35
═══════════════
NOTES 36
iii
Victoria
No. 84 of 1997
Law and Justice Legislation (Further Amendment) Act 1997†
[Assented to 2 December 1997]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The purposes of this Act are—
(a) to make miscellaneous amendments to the Bail Act 1977 with respect to— (i) factors to be considered in determining whether to grant bail;
(ii) sureties for bail;
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 1 (iii) remanding a person in custody;
(iv) further applications for bail;(v) revocation of bail;
(b)
to make a minor amendment to the Consumer Credit (Victoria) Act 1995;
(c)
to amend the Country Fire Authority Act 1958;
(d)
to amend the Credit (Administration) Act 1984 to authorise the payment out of the Consumer Credit Fund of the reasonable costs and expenses incurred by the Consumer Credit Fund Advisory Committee in performing its functions;
(e)
to amend the Credit Act 1984 with respect to the effect of certain loan contracts that have an over-estimation in the statement of the estimated credit charge and to make other minor amendments;
(f)
to make miscellaneous amendments to the Equal Opportunity Act 1995;
(g) to amend the Firearms Act 1958;
(h) to repeal Part IX of the Instruments Act 1958; (i) to amend the Interpretation of Legislation Act 1984;
(j)
to amend the Magistrates' Court Act 1989 to enable the person against whom a penalty enforcement warrant is issued to consent to have the sums named in the warrant levied against property used by that person
primarily as a means of transport that
otherwise would be exempt from the process
of execution;
Law and Justice Legislation (Further Amendment) Act 1997
| s. 2 | Act No. 84/1997 |
(k)
to amend section 42 of the Supreme Court Act 1986.
2. Commencement
(1) Subject to this section, this Act comes into
operation on the day on which it receives the
Royal Assent.
(2) Part 2 comes into operation on 1 January 1998.
(3) Section 11 is deemed to have come into operation
on 1 November 1996.
(4) Section 14 is deemed to have come into operation on 28 February 1985.
(5) Subject to sub-section (6), Part 7 comes into
operation on a day or days to be proclaimed.
(6) If a provision of Part 7 does not come into
operation before 5 January 1998, it comes into
operation on that day.
(7) Subject to sub-section (8), Parts 11 and 12 come into operation on a day to be proclaimed.
(8) If Parts 11 and 12 do not come into operation
before 1 August 1998, they come into operation
on that day.
_______________
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 3
PART 2—BAIL ACT 1977
3. Principal Act
In this Part, the Bail Act 1977 is called the No. 9008.
Reprint No. 6Principal Act. as at
1 September1997.
4. Grant of bail
In section 4(3) of the Principal Act—
(a) omit "and" at the end of paragraph (c);
(b)
after paragraph (d) insert— "(e) the attitude, if expressed to the court, of
the alleged victim of the offence to the
grant of bail.".
5. Sureties
(1) In section 9(3)(b) of the Principal Act, after "(as
the case may be)" insert "or any other court or
person authorised by section 27".
(2) In section 9 of the Principal Act, after sub-section
(3) insert—
"(3A) For the purposes of sub-section (3), a surety
may appear before a court by audio visual link or audio link in accordance with Part IIA of the Evidence Act 1958.
(3B) If a surety appears before a court by audio
visual link or audio link, the undertaking
may be constituted by the undertaking signed
by the accused person and a copy of that
document transmitted to the surety by any
means and signed by the surety.".
Law and Justice Legislation (Further Amendment) Act 1997
| s. 6 | Act No. 84/1997 |
6. Remand in custody by bail justice
(1) In section 12(1) of the Principal Act, after "court" (where twice occurring) insert "or bail justice".
(2) In section 12 of the Principal Act, after sub-
section (1) insert—
"(1A) A bail justice must not remand a person
referred to in sub-section (1) in custody for a
period of more than 8 clear days.".
7. Further application for bail
(1) In section 18(4) of the Principal Act—
(a) after "(1)" insert "or (6B)"; and
(b)
after "court" (where secondly occurring) insert "or bail justice"; and
(c)
for "him" substitute "the court hearing the application"; and
(d)
omit "that were not disclosed to the court which made that order".
(2) In section 18 of the Principal Act, after sub-
section (6A) insert—
"(6B) If a person has been released on bail but the bail is revoked under this section or section 24(3), the person may apply to—
(a) the Magistrates' Court; or
(b)
the court to which the person was required to surrender under the conditions of the revoked bail—
for an order granting bail.".
8. Revocation of bail
(1) In section 24(3) of the Principal Act, for
paragraphs (a) and (b) substitute—
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 9 "(a) if of the opinion that the person has broken
or is likely to break a condition of the undertaking on which the person was admitted to bail—may revoke the bail and
commit the person to prison with a direction
to the officer in charge of the prison—(i) if the direction is given by a court, that the person be brought before the court at the time when the person is required by the conditions of the bail to appear; or
(ii) if the direction is given by a bail justice, that the person be brought before the Magistrates' Court on a date, specified in the direction, as soon as practicable but not later than 8 clear days after the direction is given—
or release the person on his or her original
undertaking or on a new undertaking with orwithout sureties; or
(b)
if not of that opinion—shall release the person on his or her original undertaking.".
(2) In section 24 of the Principal Act, after sub-
section (4) insert—
"(5) If the bail of a person is revoked under sub-
section (3), the person may apply under
section 18(6B) for an order granting bail.".
9. Admission to bail
(1) In section 27 of the Principal Act, for "registrar of
the Magistrates' Court" substitute "court official".
(2) At the end of section 27 of the Principal Act
insert—
'(2) In this section, "court official" means—
Law and Justice Legislation (Further Amendment) Act 1997
| s. 10 | Act No. 84/1997 |
(a)
in the case of the Supreme Court, the prothonotary or a deputy prothonotary;
(b)
in the case of the County Court, the registrar or a deputy registrar;
(c)
in the case of the Magistrates' Court, a registrar or deputy registrar.'.
10. Transitional
At the end of section 34 of the Principal Act
insert—
"(2) This Act as amended by Part 2 of the Lawand Justice Legislation (Further respect to a charge for an offence filed on or after 1 January 1998.".
_______________
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 11
PART 3—CONSUMER CREDIT (VICTORIA) ACT 1995
11. Statute law revision
For item 1 in Schedule 1 to the Consumer Credit No. 41/1995. (Victoria) Act 1995, substitute— '1. Administrative Law Act 1978 In section 4(3) after "Credit (Administration) Act
1984" insert "or the Consumer Credit (Victoria)Code".'
_______________
Law and Justice Legislation (Further Amendment) Act 1997
| s. 12 | Act No. 84/1997 |
PART 4—COUNTRY FIRE AUTHORITY ACT 1958
12. Amendment of section 9B—deputy chairman In section 9B(2)(b) of the Country Fire Authority Act 1958—
(a) at the end of sub-paragraph (ii) insert "or"; (b) at the end of sub-paragraph (iii) omit "or"; (c) omit sub-paragraph (iv).
_______________
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 13
PART 5—CREDIT (ADMINISTRATION) ACT 1984
13. Application of Consumer Credit Fund
In section 86AA of the Credit (Administration) No. 10091.
Reprint No. 2Act 1984, for sub-section (3) substitute— as at 2 June
1994. Further"(3) There shall be paid out of the Fund—
amended by No. 41/1995.
(a) such amounts as the Minister determines from time to time to be applied as grants under section 86AB; and (b) such amounts as the Minister in respect of the reasonable costs and expenses incurred by the Advisory Committee established under section 86AC in performing its functions under this Part.".
_______________
Law and Justice Legislation (Further Amendment) Act 1997
| s. 14 | Act No. 84/1997 |
PART 6—CREDIT ACT 1984
14. Certain loan contracts not to be taken to be not in accordance with section 36
| No. 10097. | In section 36 of the Credit Act 1984, after sub- |
| Reprint No. 2 | |
| as at 3 April | section (2) insert— |
| 1997. |
"(2A) Subject to sub-section (2B), a loan contract
is not to be taken to be not in accordance
with this section only because, in relation to
the whole or any part of the credit charge, it
includes a statement of an estimated credit
charge that is greater than that required or
permitted to be stated under this Part
(including section 79).
(2B) Sub-section (2A) applies only if the amount of the credit charge paid or to be paid under the contract is not greater than the amount
that would have been required to be paid had the estimated credit charge not been stated as an amount greater than that which was
required or permitted to be stated.".
15. Transitional provision
After section 167E of the Credit Act 1984 insert—
"167F. Operation of sections 36(2A) and (2B)
The amendment of this Act made by section
14 of the Law and Justice Legislation
(Further Amendment) Act 1997 does notaffect—
(a) the liability of a person to be convicted of an offence against this Act; or (b) any determination, declaration or order commencement of this section.".
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 16
16. Minor amendments
(1) In section 102(3)(b)(ii) of the Credit Act 1984, for "employé" substitute "employee".
(2) In section 115(5)(b) of the Credit Act 1984, after "paragraph (b)" insert "of".
17. Repeal
(1) Sections 168(1), 169(1), 170, 171, 172, 173 and 174 of the Credit Act 1984 are repealed.
(2) Schedule 8 to the Credit Act 1984 is repealed.
_______________
Law and Justice Legislation (Further Amendment) Act 1997
| s. 18 | Act No. 84/1997 |
PART 7—EQUAL OPPORTUNITY ACT 1995
| No. 42/1995. | 18. Principal Act |
| Reprint No. 1 as at 10 April 1997. | In this Part, the Equal Opportunity Act 1995 is called the Principal Act. |
19. Definitions
In section 4 of the Principal Act—
(a) in the definition of "employee" for paragraph "(a) a person employed under a contract of
service, whether or not under an
Australian Workplace Agreement,
certified agreement, employment
agreement or award within the meaning
of the Workplace Relations Act 1996 ofthe Commonwealth;";
(b) in the definition of "employer" for paragraph "(a) a person who employs another person
under a contract of service, whether or
not under an Australian Workplace
Agreement, certified agreement,
employment agreement or award within
the meaning of the Workplace
Relations Act 1996 of theCommonwealth;";
(c) in the definition of "employment" for "(a) employment under a contract of
service, whether or not under an
Australian Workplace Agreement,
certified agreement, employment
agreement or award within the meaning
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 20 of the Workplace Relations Act 1996 of
the Commonwealth;".
20. Status as a non-parent is an attribute
(1) In section 4 of the Principal Act after the
definition of "parent" insert—
' "parental status" means the status of being a
parent or not being a parent;'.
(2) In section 6 of the Principal Act for paragraph (l)
substitute—
"(l) parental status or status as a carer;".
21. Domestic or personal services exception
In section 16 of the Principal Act for "his or her" substitute "any person's".
22. Exemptions by Tribunal
In section 83 of the Principal Act, for sub-section
(5) substitute—"(5) For the purposes of granting, reviewing or
revoking an exemption under this section,
the procedure of the Tribunal is at the
discretion of the person constituting orpresiding over the Tribunal.".
23. Dismissal of certain complaints
(1) In section 108(1) of the Principal Act—
(a)
after paragraph (b) insert— "(ba) involves subject matter that has been
adequately dealt with by a tribunal or
court; or";
(b)
after "complainant" insert "and the respondent".
Law and Justice Legislation (Further Amendment) Act 1997
| s. 24 | Act No. 84/1997 |
(2) After section 108(1) of the Principal Act insert—
"(1A) Before declining to entertain a complaint, theCommission may, by written notice, invite any person—
(a) to attend before the Commission, or a member or member of staff of the Commission, for the purpose of discussing the subject matter of the complaint; (b) to produce any documents specified in the notice. (1B) The period of 60 days referred to in sub-
section (1) is suspended while any
application to the Tribunal under section 109
in relation to the complaint is pending.".
(3) After section 108(4) of the Principal Act insert— "(5) As soon as possible after a dismissal under
sub-section (4), the Commission must, by written notice, notify the complainant and the respondent of the dismissal.
(6) The Commission may, by notice in writing
given to the complainant and the respondent,
extend the period of 60 days referred to in
sub-section (1) by a period not exceeding 10
days if the Commission considers it
necessary or desirable to do so in the
interests of justice or fairness.".
24. Application to strike out complaint
(1) In section 109(1) of the Principal Act after
"complaint" insert "or any part of it".
(2) In section 109 of the Principal Act, for sub-section
(2) substitute—
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 25 "(2) The application may be made at any time—
(a) before the respondent has been given a notice to attend under section 114(2)(a) or has otherwise been notified by the Commission or the Chief Conciliator of a date for conciliation; or
(b) after the conciliation has been commences to hear the complaint.".
(3) In section 109 of the Principal Act, for sub-section
(5) substitute—
"(5) The Tribunal must, by written notice, notify
the Commission as soon as practicable of the
result of an application under this section.".
25. Dismissal of stale complaint
After section 110(1) of the Principal Act insert—
"(1A) As soon as possible after a dismissal under
sub-section (1), the Commission must, by written notice, notify the complainant and the respondent of the dismissal.".
26. Notification if conciliation is inappropriate
(1) In section 113(1) of the Principal Act after
"complainant" insert "and the respondent".(2) After section 113(4) of the Principal Act insert— "(5) As soon as possible after a dismissal under
sub-section (4), the Commission must, by written notice, notify the complainant and the respondent of the dismissal.".
27. Conciliation agreements
(1) In section 115(1)(a) of the Principal Act after
"party" insert "made within 30 days after
agreement is reached".
Law and Justice Legislation (Further Amendment) Act 1997
| s. 28 | Act No. 84/1997 |
(2) In section 115 of the Principal Act, for sub-
sections (2) and (3) substitute—
"(2) Any party, after notifying in writing the
other party, may lodge a copy of the signed
and certified record with the President for
registration.(3) Subject to sub-section (4), the President must
register the record and give a certified copy
of the registered record to each party.
(4) If the President considers that it may not be
practicable to enforce, or to supervise
compliance with, a conciliation agreement,
the President may refuse to register the
record of agreement.
(5) On registration, the record must be taken to
be an order of the Tribunal in accordance
with its terms and may be enforced
accordingly.
(6) The refusal of the President to register the
record does not affect the validity of the
agreement.".
28. Notification of unsuccessful conciliation
(1) In section 117(1) of the Principal Act after
"complainant" insert "and the respondent".(2) After section 117(4) of the Principal Act insert— "(5) As soon as possible after a dismissal under
sub-section (4), the Commission must, by written notice, notify the complainant and the respondent of the dismissal.".
29. Extension of time to determine if complaint should be expedited
In section 119(2) of the Principal Act for "7 days" substitute "10 days".
Law and Justice Legislation (Further Amendment) Act 1997
s. 30
s. 36
Act No. 84/1997
30. Constitution of Tribunal for certain proceedings
In the Principal Act sections 121(5), 124(5) and
131(5) are repealed.
31. Dismissal of complaint
After section 123(3) of the Principal Act insert—
"(4) As soon as possible after a dismissal undersub-section (3), the Commission must, by written notice, notify the complainant and the respondent of the dismissal.".
32. Amendment of section 137
In section 137 of the Principal Act, omit ", or, if he or she thinks fit, the presiding member of the Tribunal,".
33. Enforcement of monetary orders
In section 140(1) of the Principal Act—
(a) before "136(a)(ii)" insert "132(4) or";
(b) for "lodged" substitute "registered".34. Power to dismiss complaint if directions are not followed
After section 154(2) of the Principal Act insert—
"(3) The Tribunal, by order, may dismiss a
complaint if the complainant fails to comply
with a direction of the Tribunal or thePresident under this section.".
35. Functions of Commission
In section 161(1)(b) of the Principal Act for
"should be conducted" substitute "have been orare being conducted".
36. New section 182 substituted
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997
For section 182 of the Principal Act substitute—
"182. Constitution of Tribunal
(1) The Tribunal is to be constituted for the
purposes set out in sub-section (2) by—
(a) a single member of the Tribunal, who is or
(b)
a panel consisting of 2 or 3 members of the Tribunal nominated by the President, of whom at least one is a lawyer.
(2) The purposes referred to in sub-section (1)
are—
(a) granting, reviewing or revoking
exemptions under section 83;(b) hearing and determining proceedings
under Part 7 (except section 132);(c)
referring matters to the Commission under section 156(1);
(d)
holding inquiries and making orders under section 159.
(3) If the Tribunal is constituted by a panel—
(a)
the President must preside over its affairs, if he or she is a member of the panel;
(b)
if the President is not a member but a Deputy President is, the Deputy President (or, if more than one Deputy President is a member, the Deputy President nominated by the President to preside) must preside over the affairs of the panel;
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 37 (c)
if neither the President nor a Deputy President is a member of the panel, the President must nominate a member of the panel to preside over its affairs.".
37. Deputy registrars
(1) In section 191 of the Principal Act after "staff"
insert ", including deputy registrars,".
(2) At the end of section 191 of the Principal Act
insert—
"(2) A deputy registrar may exercise any of the
powers or perform any of the functions of
the Registrar.".
38. Compliance with conciliation agreements
In section 198 of the Principal Act—
(a)
in paragraph (b) for "lodged with the Registrar" substitute "registered by the President";
(b)
in the penalty provision for "lodgement" substitute "registration".
39. New section 222A inserted
After section 222 of the Principal Act insert—
"222A. Transitional
(1) Section 108(1) of the Principal Act, as amended by section 23 of the Law and Justice Legislation (Further Amendment)
Act 1997, applies to complaints lodged on or after the commencement of that section 23.
(2) Section 109 of the Principal Act, as amended
by section 24(2) of the Law and Justice Legislation (Further Amendment) Act 1997, applies to applications made on or after the commencement of that section 24(2).
Law and Justice Legislation (Further Amendment) Act 1997
| s. 40 | Act No. 84/1997 |
(3) A conciliation agreement lodged with the
Registrar before the commencement of
section 27 of the Law and Justice
Legislation (Further Amendment) Act
1997 is deemed, unless the conciliation was
completed before that commencement, to
have been registered by the President.
(4) Section 115 of the Principal Act, as amended
by section 27 of the Law and Justice
Legislation (Further Amendment) Act
1997, applies to agreements entered into on
or after the commencement of that section
27.
(5) Section 182 of the Principal Act, as in force before the commencement of section 36 of the Law and Justice Legislation (Further Amendment) Act 1997, continues to apply, despite its substitution by that section 36—
(a)
to a referral made, or purported to have been made, by the Tribunal under section 156 of the Principal Act before that commencement; and
(b)
to appeals or remittals under the Principal Act in relation to such a referral.".
40. Statute law revision
In the Principal Act—
(a) in section 2, sub-section (2) is repealed;
(b)
in section 120(1), for "sucessfully" substitute "successfully";
(c)
sections 214, 220, 223, 224 and 225, Part 13 and Schedules 1 and 2 are repealed.
_______________
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 41
PART 8—FIREARMS ACT 1996
41. Principal Act
In this Part, the Firearms Act 1996 is called the
Principal Act.
42. Amendment of section 3—definitions
In section 3(1) of the Principal Act—
(a) insert the following definitions—
' "inter-State permit to acquire" means apermit (however described) to acquire a firearm issued in a prescribed State or a prescribed Territory which corresponds with a permit to acquire;
"prescribed State" means a State which has
been prescribed for the purposes of the
definition of inter-State permit to
acquire;
"prescribed Territory" means a Territory
which has been prescribed for the
purposes of the definition of inter-State
permit to acquire;';
(b) in the definition of "prohibited person", for "(d) in relation to a person, not more than 12
months have expired since that person
was found guilty by a court of—(i) an offence against this Act, in relation to which it was open to the court to impose a term of imprisonment; or
(ii) an offence against any other Act involving the possession or use of firearms and in relation to which it
Law and Justice Legislation (Further Amendment) Act 1997
| s. 43 | Act No. 84/1997 |
was open to the court to impose a
term of imprisonment; or
(iii) an indictable offence; or
(e)
any person who is of a prescribed class of persons;".
43. Amendment of section 53—insertion of penalty
At the end of section 53(4) of the Principal Act
insert—"Penalty: 60 penalty units or 12 months
imprisonment.".
44. Amendment of section 94—disposal of firearms by dealer to inter-State permit holder
After section 94(4)(d) of the Principal Act
insert—"(e) a person who is the holder of an inter-State
permit to acquire a category A or B longarm
where—(i) that person is acquiring a category A or B longarm in accordance with the permit; and
(ii) the permit has been issued not more than 28 days before the acquisition of the longarm; and
(iii) in order to acquire the longarm, the permit holder personally attends at the premises where the dealer from whom the longarm is being acquired carries on business;
(f)
a person who is the holder of an inter-State permit to acquire a category C longarm or a handgun where—
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 45 (i) that person is acquiring a category C longarm or a handgun in accordance with the permit; and
(ii) the permit has been issued not more than 28 days before the acquisition of the firearm; and
(iii) in order to acquire the firearm, the permit holder personally attends at the premises where the dealer from whom the firearm is being acquired carries on business.".
45. Amendment of section 102—holder of inter-State permit excepted from offence
After section 102(4) of the Principal Act insert— "(5) Sub-section (1) does not apply to a person—
(a) who is the holder of an inter-State permit to acquire a category A or B longarm which has been issued not more than 28 days before the acquisition of the longarm; and (b) who is acquiring a category A or B longarm in accordance with the permit; and (c) who, in order to acquire the longarm, personally attends at the premises where the dealer— (i) from whom the longarm is being acquired; or
(ii) who is acting as agent in the transaction—
(as the case requires) carries on
business.
Law and Justice Legislation (Further Amendment) Act 1997
| s. 46 | Act No. 84/1997 |
(6) Sub-section (2) does not apply to a person—
(a) who is the holder of an inter-State permit to acquire a category C longarm or a handgun which has been issued not more than 28 days before the acquisition of the firearm; and (b) who is acquiring a category C longarm or a handgun in accordance with the permit; and (c) who, in order to acquire the firearm, personally attends at the premises where the dealer— (i) from whom the firearm is being acquired; or
(ii) who is acting as agent in the transaction—
(as the case requires) carries on
business.".
46. Amendment of section 116—notice of removal of firearm from the State
After section 116(2) of the Principal Act insert— "(3) This section does not apply to a person who
removes a firearm from the State for the
purpose of no longer keeping it in the State
where that firearm has been acquired in
accordance with an inter-State permit to
acquire and that firearm has been acquired in
circumstances to which section 102(5) or (6)
applies."
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 47 47. Amendment of Schedule 3—inter-State permit holders exempt from requirement to hold licence
In Schedule 3 to the Principal Act, after item 11 insert—
"
12. Any person who is the When possessing or holder of an inter-State carrying the firearm permit to acquire a for the purposes of category A, B or C returning to the State longarm or a handgun, or Territory in which who has acquired a the permit was issued, firearm in accordance when carrying the with this Act and who is licence and when the holder of a licence acting in accordance issued in the State or with the licence. Territory in which the
permit was issued which
authorises the possession
and carriage of the
firearm.
".
_______________
Law and Justice Legislation (Further Amendment) Act 1997
| s. 48 | Act No. 84/1997 |
PART 9—INSTRUMENTS ACT 1958
48. Repeal of Part IX and related provisions
| No. 6279. | (1) Part IX of the Instruments Act 1958 is repealed. |
| Reprint No. 8 | |
| as at 17 | |
| August 1995. | (2) The Ninth Schedule, the Tenth Schedule and the |
| Further | Eleventh Schedule to the Instruments Act 1958 |
| amended by | |
| No. 35/1996. | are repealed. |
49. New section 138A inserted
After section 138 of the Instruments Act 1958 insert—
"138A. Transitional provision
Despite section 14 of the Interpretation of Legislation Act 1984, any assignment or transfer of book debts existing at the commencement of Part 9 of the Law and Justice Legislation (Further Amendment) Act 1997 which, before that commencement, was invalid only because it was not registered in accordance with Part IX of the Instruments Act 1958 is deemed to have been registered under Part IX of that Act immediately before that commencement.".
50. Statute law revision
In the Second Schedule to the Instruments Act 1958, for "THIS WRIT is to be served within one year form" substitute "THIS WRIT is to be served within one year from".
_______________
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 51
PART 10—INTERPRETATION OF LEGISLATION ACT 1984
51. New sections 41 and 41AA substituted
For section 41 of the Interpretation of
Legislation Act 1984 substitute—
'41. Power to appoint(1) If an Act or subordinate instrument confers
on a person or body ("the appointer") a
power to appoint a person to an office, the
power, unless the contrary intention appears,includes a power—
(a) to appoint a person to act in the office until— (i) a person is appointed to the office; or
(ii) during a vacancy in the office;
(b) to remove a person appointed to the office; (c) to suspend a person appointed to the office and to appoint another person temporarily in the place of the person so suspended;
(d) if the holder of the office is absent or, for any other reason, unable to perform the functions and duties of the office, to appoint a person to act in place of the holder; (e) reason, unable to perform a particular
function or duty on a particularif the holder of the office is, for any matter, to appoint a person to perform that function or duty on that occasion or in relation to that matter.
Law and Justice Legislation (Further Amendment) Act 1997
| s. 51 | Act No. 84/1997 |
(2) The following paragraphs apply in relation to
an appointment of a person ("the
appointee") made under sub-section (1)—
(a) the appointer—
(i) conditions of the appointment,
may determine the terms and allowances (if any);
(ii) may terminate the appointment at any time;
(b)
the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer;
(c)
while the appointee is acting in the office under sub-section (1) (except paragraph (e)), then, subject to the
terms and conditions of the
appointment—
(i) the appointee has and may perform all the functions and duties, of the holder of the office; and
(ii) this or any other Act applies in relation to the appointment as if the appointee were the holder of the office;
(d) while the appointee is appointed to perform a function or duty on a particular occasion or in relation to a particular matter, then, subject to the terms and conditions of the appointment— (i) the appointee has and may exercise all the powers of the
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 51 holder of the office necessary for performing that function or duty; and
(ii) this or any other Act applies in relation to the appointment as if the appointee were the holder of the office.
(3) If the power of a person or body to make an appointment to an office is exercisable only on the recommendation, or subject to the
approval or consent, of some other person or
body, the power to make an appointment to
act in the office, or to remove or suspend, is
only exercisable on the recommendation, or
subject to the approval or consent, of that
other person or body, unless the contraryintention appears.
(4) Despite the substitution of section 41 of this
Act by section 51 of the Law and Justice 1997, that section 41, as in force immediately before the commencement of that section 51, continues to apply to and in respect to anything done under that section 41 before that commencement.
41AA. Acting appointments
If a provision of an Act (other than section
41 of this Act) or of a subordinate instrument
confers on a person or body ("the
appointer") a power to appoint a person
("the appointee") to act in a particular
office, then, except so far as the Act orsubordinate instrument otherwise provides—
(a)
the appointment may be expressed to have effect only in the circumstances specified in the instrument of
Law and Justice Legislation (Further Amendment) Act 1997
| s. 51 | Act No. 84/1997 |
| appointment or in relation to a particular function or duty or on a particular occasion or in relation to a particular matter; |
(b) the appointer—
(i) conditions of the appointment,
may determine the terms and allowances (if any);
(ii) may terminate the appointment at any time;
(c)
if the office is, or becomes, vacant while the appointee is acting, the appointee may, subject to paragraph
(a) , continue to act until— (i) the appointer otherwise directs; or
(ii) a person is appointed to the office or the vacancy is filled—
whichever first occurs;
(e)
the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer;
(f)
while the appointee is acting in the office, then, subject to the terms and conditions of the appointment—
(i) the appointee has and may (A) all the powers, and shall
perform all the functions and
duties, of the holder of theoffice; or
(B) all the powers of the holder
of the office necessary for
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 51 performing the particular
function or duty for whichthe appointment is made—
as the case requires; and
(ii) this or any other Act applies in relation to the appointment as if the appointee were the holder of the office.'.
_______________
Law and Justice Legislation (Further Amendment) Act 1997
| s. 52 | Act No. 84/1997 |
PART 11—MAGISTRATES' COURT ACT 1989
52. Amendment of Magistrates' Court Act 1989
| No. 51/1989. | At the end of section 82F of the Magistrates' |
| Reprint No. 4 | |
| as at 1 August | Court Act 1989 insert— |
| 1997. Further | |
| amended by | "(2) Despite anything to the contrary in section |
| Nos 63/1995, | |
| 66/1996, | 42 of the Supreme Court Act 1986, the |
| 4/1997, | person executing in accordance with section |
| 26/1997, and | |
| 48/1997. | 82D(1)(b) a penalty enforcement warrant or warrants in respect of which the period referred to in clause 8(3) of Schedule 7 has expired may, with the signed written consent of the person against whom the warrant is or warrants are issued, seize or take in the execution of it or them personal property that is used by that person primarily as a means of transport and that could not, but for this sub-section, be seized or taken because of section 42 of the Supreme Court Act 1986. |
(3) A consent given by a person under sub- section (2) is only effective if—
(a)
it is given after the delivery to the person by a person authorised to execute the warrant or warrants of a statement in writing in the prescribed form setting out the effect of giving the consent; and
(b)
a copy of the signed written consent has been delivered to the person giving the consent.
(4) If personal property referred to in sub-
section (2) is seized or taken in execution of a penalty enforcement warrant or warrants in accordance with that sub-section, the
proceeds of sale of the property must be
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 s. 52
applied towards the sums named in the
warrant or warrants together with all lawful
costs of execution and any amount remaining
after those sums and costs have been paid
must be paid to the person against whom the
warrant was, or warrants were, issued and
not applied to satisfy any other unexecuted
warrant issued against that person
irrespective of when, and of the purpose forwhich, it was issued.".
_______________
Law and Justice Legislation (Further Amendment) Act 1997
| s. 53 | Act No. 84/1997 |
PART 12—SUPREME COURT ACT 1986
53. Amendment of Supreme Court Act 1986
| No. 110/1986. | In section 42(1) and (2)(b) of the Supreme Court |
| Reprint No. 2 | |
| as at | Act 1986, for "and (c)" substitute ", (c) and (ca)". |
| 1 February | |
| 1997. | |
| Subsequently amended by No. 4/1997. |
═══════════════
Law and Justice Legislation (Further Amendment) Act 1997
Act No. 84/1997 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 9 October 1997
Legislative Council: 12 November 1997
The long title for the Bill for this Act was "to amend the Bail Act 1977,
the Consumer Credit (Victoria) Act 1995, the Country Fire Authority
Act 1958, the Credit (Administration) Act 1984, the Credit Act 1984,
the Equal Opportunity Act 1995, the Firearms Act 1996, the
Instruments Act 1958, the Interpretation of Legislation Act 1984, the
Magistrates' Court Act 1989, the Supreme Court Act 1986 and for
other purposes."
0
0
0