Untitled document

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	1

PART 2—ACCIDENT COMPENSATION ACT 1985 3

3. Victorian WorkCover Authority 3

PART 3—ACCIDENT COMPENSATION (FURTHER

AMENDMENT) ACT 1996 4

4. Commencement of sections 14 and 19 on proclamation 4

PART 4—BORROWING AND INVESTMENT POWERS ACT 1987 5

5.	Principal Act	5
6.	Application to Water Authorities	5
7.	New section 17B inserted	5
17B. Application to State instrumentalities	5
8.	Statute law revision	6

PART 5—CANCER ACT 1958 7

9.	Principal Act	7
10.	Amendment of section 60—reporting requirements	7
11.	Revision of penalty	7
12.	New sections 61A and 61B inserted	7
61A. Information may be released in certain circumstances	7
61B. Release of information between Council and prescribed

registers 9

13. Amendment of section 62—reporting to the Anti-Cancer Council 9

PART 6—DRIED FRUIT ACTS 1958 11

14.	Principal Act	11
15.	Appointment of Chairman of Board	11
16.	Estimate of expenditure	11
17.	Dried Fruits Fund	11

i

Section	Page
PART 7—MELBOURNE AND METROPOLITAN BOARD OF
WORKS ACT 1958	12

18. Competitive neutrality 12

PART 8—PARLIAMENTARY OFFICERS ACT 1975 14

19.	Amendment of Act	14
20.	New Part 3 inserted	15
PART 3—ELECTORATE OFFICERS	15
26. Employment of electorate officers	15
27. Termination of employment	15
28. Delegation	16
29. Electorate officers deemed to be employed under this Part	16

PART 9—PHARMACISTS ACT 1974 18

21. Operation of pharmacies in hospitals 18

PART 10—PLANT HEALTH AND PLANT PRODUCTS ACT 1995 19

22.	Principal Act	19
23.	Definitions	19
24.	Importation of plants, plant products, packages or equipment	19
25.	Infested land notice	19
26.	Importation orders	20
27.	Delegations by Minister	21
28.	Delegations by Secretary	21
29.	Fees and charges	21
30.	Protection of persons assisting inspector	21
31.	Non-compliance under order	21
32.	General powers of inspectors	22
33.	New Division inserted	22
Division 1A—Approved inspection services	22
51A. Approved inspection services	22
51B. Agreements relating to approved inspection services	23
51C. Approved inspection services and employed or appointed

inspectors	25
51D. Powers of inspection agents	26
51E. Identification of inspection agents of approved inspection

services 26

51F. Fees	27
51G. Application of FOI	27
51H. Investigation of administrative actions	28

34. Statute law revision 29

ii

Section	Page
PART 11—STATE OWNED ENTERPRISES ACT 1992	29

35.	New section 14A inserted	29
14A. Borrowing and investment powers	30
36.	Amendment of State Owned Enterprises Act 1992	30
88B. State owned enterprises to make certain payments	30

PART 12—WATER INDUSTRY ACT 1994 33

37.	Competitive neutrality-service charges	33
38.	Competitive neutrality-MPW rates	33

PART 13—ZOOLOGICAL PARKS AND GARDENS ACT 1995 36

39.	Substitution of Part 3 of Schedule 1	36
40.	Statute law revision	36

═══════════════

NOTES 37

iii

Victoria

No. 45 of 1997

Miscellaneous Acts (Omnibus No. 3) Act

1997†

[Assented to 11 June 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend various Acts.

2. Commencement

(1) Except as otherwise provided in this section, this Act comes into operation on the day on which it receives the Royal Assent.

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 2

(2) Section 40 is deemed to have come into operation on 29 April 1996.

(3) Subject to sub-section (4), the provisions of

sections 10, 11, 12 and 13 come into operation on
a day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation before 31 December
1997, it comes into operation on that day.

_______________
Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 3 Act No. 45/1997

PART 2—ACCIDENT COMPENSATION ACT 1985

3. Victorian WorkCover Authority

No. 10191.	In section 24(2)(b) of the Accident
Reprint No. 7
as at 20	Compensation Act 1985, for "6" substitute "7".
March 1997.

_______________
Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 4

PART 3—ACCIDENT COMPENSATION (FURTHER
AMENDMENT) ACT 1996

4.  Commencement of sections 14 and 19 on proclamation

In section 2(4) of the Accident Compensation	No. 60/1996.
(Further Amendment) Act 1996, after "Sections" insert "14, 19,".

_______________
Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 5 Act No. 45/1997

PART 4—BORROWING AND INVESTMENT POWERS ACT

1987

5. Principal Act

No. 13/1987.	In this Part, the Borrowing and Investment
Reprint No. 3
as at 23 May	Powers Act 1987 is called the Principal Act.
1996. Further amended by Nos 4/1996, 61/1996,
71/1996, 73/1996, 79/1996 and
84/1996.

6. Application to Water Authorities

In section 17A of the Principal Act, for sub-
section (2) substitute—
"(2) The Governor in Council, by Order

published in the Government Gazette, may declare that sections of this Act specified in the Order apply to an Authority specified in the Order.".

7. New section 17B inserted

After section 17A of the Principal Act insert—

'17B. Application to State instrumentalities

(1) In this section—

"public authority" means—

(a)	an agency or instrumentality of the State established by or under an Act;
(b)	a body established by an Act a member of which, or a member of the governing body of which, is appointed by the

Governor in Council or a Minister;

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997	s. 8
(c)

a body corporate established under Enterprises Act 1992.

(2) The Governor in Council, by Order

published in the Government Gazette, may declare that sections of this Act specified in the Order apply to a public authority
specified in the Order.

(3) In addition to the powers conferred on it by

or under the Act by or under which it is
established, a public authority specified in an
Order in force under sub-section (2) has the
powers conferred on it by the sections of this
Act specified in the Order.'.

8. Statute law revision

In column 2 of items 7A, 20A and 37 of Schedule

1 to the Principal Act, omit "6,".

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Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 9 Act No. 45/1997

PART 5—CANCER ACT 1958

No. 6213.	9. Principal Act
Reprinted to No. 23/1989 and	In this Part, the Cancer Act 1958 is called the
subsequently	Principal Act.
amended by
Nos 23/1994
and 68/1996.

10. Amendment of section 60—reporting requirements

(1) After section 60(1) of the Principal Act, insert—
"(1A) The person in charge of an organisation that
maintains a prescribed register must, within

the prescribed time and in the prescribed form, report to the Council on any person whose information is included in that

prescribed register and who, to the
knowledge of the person in charge, is
suffering or commences to suffer from

cancer.".

(2) In section 60(3) of the Principal Act—

(a)	in paragraph (a), after "sub-section (1)" insert "or sub-section (1A)"; and
(b)	in paragraph (c), after "sub-section (1)" insert ", sub-section (1A)".

11. Revision of penalty

In section 61(1) of the Principal Act, for "$250" substitute "10 penalty units".

12. New sections 61A and 61B inserted

After section 61 of the Principal Act insert—

'61A. Information may be released in certain

circumstances

(1) Despite section 61, a person to whom that section applies may, for the purposes of

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 12

medical research or the administration of
cancer related public health programs, give
information acquired by the Council

pursuant to section 60 if—

(a) be put and any research methodology to
be used in the medical research or
administration of the programs has
been approved, having regard to the
NHMRC guidelines, by an ethics

the use to which that information will and

(b)

the giving of that information does not requirements.

(2) A person who receives information by

reason of the giving of information under sub-section (1) must not give to any other person, whether directly or indirectly, any information so received unless the giving of

the information—

(a)

has been approved by the ethics (1); and

(b) does not conflict with any prescribed requirements.

Penalty: 50 penalty units.

(3) In this section "NHMRC guidelines" means the document titled "Aspects of Privacy in Medical Research: An

information paper and guidelines for the
protection of privacy in the conduct of
medical research" endorsed by the National
Health and Medical Research Council
Executive Committee, June 1995 and

Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 13 Act No. 45/1997

includes any subsequent amendment to that
document or any superseding document
prepared or endorsed by the National Health
and Medical Research Council which covers
the same subject matter.

61B. Release of information between Council and prescribed registers

(1) Despite section 61, for the purposes of clarifying the accuracy of information provided from the Council to an organisation

that maintains a prescribed register under section 61A, a person to whom section 61 applies may provide information to that
organisation in respect of a person who,
according to reports submitted to the Council
pursuant to section 60, is suffering or
commences to suffer from cancer.

(2) Despite section 62(6), for the purposes of

clarifying the accuracy of information
provided to the Council from an organisation
that maintains a prescribed register under
section 60(1A), a person to whom section
62(6) applies may provide information on
that register to the Council in respect of a
person who, to the knowledge of the person
in charge of that organisation, is suffering or
commences to suffer from cancer.'.

13.  Amendment of section 62—reporting to the Anti- Cancer Council

(1) In section 62(5) of the Principal Act, after

paragraph (c) insert—

"(ca) to report to the Council in accordance with

section 60(1A); and".

(2) In section 62(6)(c) of the Principal Act, for "(a) or (b)" substitute "(a), (b) or (ca)".

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997

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Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 14 Act No. 45/1997

PART 6—DRIED FRUIT ACTS 1958

No. 6239.	14. Principal Act
Reprinted to 72/1989 and subsequently	In this Part, the Dried Fruits Act 1958 is called
amended by	the Principal Act.
Nos 31/1994, 65/1994 and 43/1995

15. Appointment of Chairman of Board

In section 5(3)(a) of the Principal Act, omit "an officer of the Department of Agriculture,".

16. Estimate of expenditure

In section 15(1) of the Principal Act—

(a) for "February" substitute "August";

(b) for "that year" substitute "that financial year".

17. Dried Fruits Fund

(1) In section 16 of the Principal Act, for sub-sections

(1), (2) and (3) substitute—
"(1) The Board must maintain a Fund to be called

the Dried Fruits Fund.

(2) There is to be paid into the Fund all money received by or paid to the Board.

(3) Money in the Fund may be applied only in

payment or discharge of the debts or
liabilities of the Board or in connection with
the performance of the functions and
exercise of the powers of the Board.".

(2) In section 16(4) of the Principal Act, for

"securities" substitute "manner".

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Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 18

PART 7—MELBOURNE AND METROPOLITAN BOARD OF

WORKS ACT 1958

18. Competitive neutrality

(1) In section 239 of the Melbourne and No. 6310.
Reprinted to

Metropolitan Board of Works Act 1958, after	No. 48/1991.
"purposes" insert ", other than any land, tenement	Subsequently amended by
or property vested in or owned by a declared	Nos 50/1992,
public statutory authority (within the meaning of	54/1992, 25/1993,
section 239A(1B)) that is not used exclusively as	130/1993,
public open space or as a park".	53/1994, 104/1994,

(2) In section 239A of the Melbourne and	110/1994,
121/1994,

Metropolitan Board of Works Act 1958, after	41/1995,
sub-section (1) insert—	65/1995,
82/1995,
4/1996 and

"(1A) For the purposes of this section lands and

tenements vested in or owned by a declared
public statutory authority (within the
meaning of sub-section (1B)) that are not
used exclusively as public open space or as a
park are rateable property even if they are
not rateable within the meaning of the Local
Government Act 1989.

12/1996.

(1B) The Governor in Council, by Order

published in the Government Gazette, may
declare a public statutory authority
constituted under the laws of Victoria to be a
declared public statutory authority for the
purposes of this section and section 239.

(1C) Despite anything to the contrary in section 239B or in any other provision of this Act, the Treasurer, after consultation with the

Minister responsible for a declared public statutory authority, may give his or her approval to the Board levying an amount in lieu of a rate under this Act in respect of a financial year on lands and tenements vested

Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 18 Act No. 45/1997

in or owned by the authority that, by virtue of sub-section (1A), are rateable property.

(1D) The amount to be levied in lieu of a rate in

amount agreed between the authority and the

accordance with sub-section (1C) is the determined by the Treasurer.

(1E) An approval may only be given by the

Treasurer under sub-section (1C) on the application of the Board.".

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Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 19

PART 8—PARLIAMENTARY OFFICERS ACT 1975

19. Amendment of Act

No. 8730.

(1) In the Parliamentary Officers Act 1975— Reprinted
as at 19

(a) before section 1, insert "PART 1—	September
PRELIMINARY";	1996. Further amended by
(b) section 2 is repealed;	No. 59/1996.
(c)	in section 3, in the definition of "officers of the Parliament"—

(i) after "employed" insert "under Part 2";

(ii)

in paragraph (e), for "the House Services";

(d)	before section 4 insert "PART 2— OFFICERS OF THE PARLIAMENT";
(e)

in section 6(1), for paragraph (e) "(e) the person for the time being holding

the office of Secretary of the
department of Parliamentary Services is
the department head of that

department;";

(f)

in section 6A(2)(a), for "the House Services";

(g)	in section 7(2), for "the House Committee" substitute "Parliamentary Services";
(h)	in section 13A(1)(d)(ii), for "the House Committee" substitute "Parliamentary Services".

Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 20 Act No. 45/1997

(2) After section 25(3) of the Parliamentary

Officers Act 1975 insert—
"(4) Despite its change of name by Part 8 of the

Miscellaneous Acts (Omnibus No. 3) Act 1997, the department of Parliamentary Services is the same body as the department of the House Committee as existing immediately before the commencement of that Part.".

20. New Part 3 inserted

At the end of the Parliamentary Officers Act

1975 insert—

"PART 3—ELECTORATE OFFICERS

26. Employment of electorate officers
(1) The President and the Speaker, acting

jointly, may, on behalf of the State, employ, as an electorate officer to assist a member of Parliament, a person nominated by that

member.

(2) The employment of a person under sub-

section (1) must be under an agreement in
writing and is subject to such terms and
conditions as are determined for the time
being by the President and the Speaker.

(3) The Public Sector Management Act 1992 does not apply to a person employed under this Part.

27. Termination of employment

(1) The employment of a person under this

Part—

(a) terminates if the member of Parliament whom the person was appointed to assist dies or ceases to be a member;

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 20

(b) may be terminated in accordance with the agreement under which the person is employed in accordance with this

Part.

(2) The employment of a person as an electorate

officer is deemed not to have terminated
upon the death or cessation of membership
of a member of Parliament if—

(a) the term of the employment is extended by the President and the Speaker, acting jointly, from the date of death or

cessation for a specified period; or

(b)	within 4 weeks, or such longer period as the President and Speaker acting jointly determine, after the date of death or cessation the person is employed under this Part as an electorate officer to assist another member of Parliament.
28.	The President and the Speaker, acting

Delegation Secretary of the department of Parliamentary Services any function or power of the President and the Speaker under this Part, other than this power of delegation.

29.  Electorate officers deemed to be employed under this Part

A person who, immediately before the commencement of Part 8 of the Miscellaneous Acts (Omnibus No. 3) Act 1997, was employed as an electorate officer to assist a member of Parliament is deemed to

Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 20 Act No. 45/1997

be employed under this Part with effect from
that commencement on the same terms and
conditions, and with an entitlement to the
same accrued benefits, as those that applied
to the person immediately before that

commencement but subject to section 27.".

_______________
Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 21

PART 9—PHARMACISTS ACT 1974

21. Operation of pharmacies in hospitals No. 8593.
Reprinted to

In the Pharmacists Act 1974—	No. 23/1994 and subsequently
(a) in section 21(5), after "registered funded agency" insert ", private hospital or	amended by
Nos 43/1996
privately-operated hospital"; and	and 68/1996.
(b)	in section 24(2), after "registered funded agency" insert ", private hospital or privately-operated hospital".

_______________
Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 22 Act No. 45/1997

PART 10—PLANT HEALTH AND PLANT PRODUCTS ACT

1995

No. 51/1995. 22. Principal Act

In this Part, the Plant Health and Plant Products

Act 1995 is called the Principal Act.

23. Definitions

In section 3(1) of the Principal Act insert— ' "approved inspection service" means an

inspection service for the time being
approved under section 51A;

"inspection agent" means a principal or an employee of an approved inspection service;

"plant health certificate" means a certificate in the prescribed form issued by an inspector, inspection agent or officer of a department responsible for agriculture of another State or Territory;

"plant health declaration" means a declaration

in the prescribed form made by a person
authorised by the Secretary to make plant
health declarations;'.

24.  Importation of plants, plant products, packages or equipment

Section 6(3) of the Principal Act is repealed.

25. Infested land notice

(1) After section 12(1)(b) of the Principal Act

insert—

"; or

(c) requiring that the owner or occupier control or eradicate, or cause the control or

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 26

eradication of, the disease or pest affecting

those plants or plant products.".

(2) After section 12(3) of the Principal Act insert—

"(4) If a notice is given under sub-section (1)(c),

the owner or occupier must control or
eradicate, or cause the control or eradication
of, the disease or pest affecting the plant or
plant products specified in the notice.

Penalty: 100 penalty units.".

26. Importation orders

(1) In section 24(1) of the Principal Act, after

"prohibit absolutely," insert "restrict,".

(2) For section 24(2)(a) of the Principal Act

substitute—

"(a) may prohibit or restrict the entry or

importation into Victoria of plants, plant
products, used agricultural equipment, used
packages or soil from a State or Territory, or
part of a State or Territory, that the Secretary
reasonably suspects is affected by an exotic

disease or pest;".

(3) After section 24(2)(b) of the Principal Act

insert—

"(c) may require a plant health declaration or

plant health certificate—

(i)  stating that the plants, plant products, used agricultural equipment, used packages or soil have been tested or treated in the manner required by the order; and

(ii)  providing a description of the tests or treatment—

Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 27 Act No. 45/1997

to accompany the plants, plant products,
used agricultural equipment, used packages

or soil referred to in the order.".

27. Delegations by Minister

In section 44(1) of the Principal Act, after
"administration of this Act" insert "(other than an

inspection agent)".

28. Delegations by Secretary

In section 45 of the Principal Act, after
"administration of this Act" insert "(other than an

inspection agent)".

29. Fees and charges

In section 46(1) of the Principal Act, after "this an approved inspection service".

30. Protection of persons assisting inspector

After section 47(2) of the Principal Act insert— "(3) This section does not apply to an inspection

agent.".

31. Non-compliance under order

(1) In section 49(1) of the Principal Act—

(a) for "or any other" substitute "or any notice or other";

(b) after "order, direction" insert ", notice".

(2) In section 49(2) of the Principal Act—

(a)	after "order, direction" (where first occurring) insert ", notice";
(b)	in paragraph (a), for "or direction" substitute ", direction or notice";
(c)	in paragraph (b), after "direction" insert ", notice".

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 32

32. General powers of inspectors

In section 52(1) of the Principal Act, for
paragraph (h) substitute—

"(h) take and remove for examination samples of

or from, or specimens of—

(i)  any plant or plant product, any used package or used agricultural equipment or soil which the inspector reasonably believes to be affected by a pest or disease;

(ii)  any pest found in or on a plant or plant product, used package or used agricultural equipment or soil;".

33. New Division inserted

After section 51 of the Principal Act insert—

"Division 1A—Approved inspection services

51A. Approved inspection services

(1) The Secretary may, by instrument, approve a person or body to be an approved inspection service—

(a) treatment services for monitoring,

to provide examination, inspection and and diseases;

(b) products, packages and used

to ascertain whether plants, plant Act;

(c) to verify any documents relating to plant, plant products, packages and used agricultural equipment, and any

Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 33	Act No. 45/1997
marking and labelling on packages containing plants and plant products;

(d) to issue plant health certificates;

(e) to monitor proper observance of compliance agreements under Part 6.

(2) The Secretary must not give approval under sub-section (1) unless—

(a) body can provide an adequate,
appropriate and efficient inspection
service and that the service will be

he or she is satisfied that the person or persons; and

(b) he or she has entered into an agreement under section 51B with the person or body.

(3) An approval—

(a)	may authorise the person or body to carry out all of the powers, functions and duties referred to in this section and
section 51D or be limited to powers, functions and duties of a particular kind;
(b)	may apply to the whole of Victoria or be limited to particular areas of Victoria;
(c)	may be subject to any condition or restriction that the Secretary thinks fit.

51B. Agreements relating to approved inspection

services

(1) The Secretary, on behalf of the Crown, may enter into an agreement under this section.

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 33

(2) An agreement must provide for—

(a)	compliance by the inspection service with all relevant provisions of this Act or of any other Act or instrument of a legislative character; and
(b)

objectives and performance standards services;

(c)	the circumstances in which services may be provided;
(d)	the fees, costs and charges to be paid for services provided by the inspection service;
(e)

the submission of periodic reports in operations under the agreement;

(f)	an indemnity by the inspection service in favour of the Crown and the Secretary;
(g)	the office the holder of which is to be the principal officer for the purposes of the application of the Freedom of Information Act 1982 to the inspection service;
(h)	the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the inspection service;

(i)  the termination of the agreement if the Secretary withdraws approval of the service;

(j) the prohibition of sub-contracting of services.

Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 33 Act No. 45/1997

(3) An agreement under this section may—

(a)	provide for consideration to be paid to or received by the Secretary in respect of the giving of the right to provide the services;
(b)

provide for any matter to be by the Secretary;

(c)

provide for the Secretary to delegate agreement;

(d)	require the provision by the inspection service of a performance bond;
(e)

provide for the suspension of specified circumstances;

(f) between the Secretary and the

contain any other provisions agreed inconsistent with this Act.

(4) The Secretary and an approved inspection

service may, by agreement, vary or terminate
an agreement under this section.

(5) The Secretary may, by instrument given to an approved inspection service, withdraw approval of the service if satisfied that the service is in breach of a condition or

restriction of the approval or of the
agreement under this section.

51C. Approved inspection services and employed or appointed inspectors

Sections 51A and 51B, and any agreement entered into under those sections, do not

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 33

prevent the performance of a function or

duty or the exercise of a power—

(a)	by an inspector authorised by the Secretary under section 51; or
(b)	by a person having the functions, duties and powers of an inspector (other than an inspection agent).

51D. Powers of inspection agents

(1) An inspection agent carrying out any of the functions set out in section 51A(1) has any of the powers and duties of an inspector

under sections 52(1)(c) to (j), 53, 54, 55 and 56 that are reasonably required for carrying out those functions.

(2) In addition to the powers and duties set out in sub-section (1), an inspection agent may carry out any other powers and duties

conferred on him or her under this Act.

(3) If an inspection agent is carrying out any

functions under section 51A(1)(a) to (d), the provisions of section 71(a), (f) and (g) apply in relation to the inspection agent as if the
inspection agent were an inspector.

(4) If an inspection agent is monitoring the

proper observance of compliance agreements
in accordance with section 51A(1)(e), all of
the provisions of section 71 apply in relation
to the inspection agent as if the inspection
agent were an inspector.

51E. Identification of inspection agents of

approved inspection services

(1) The Secretary must issue an identification certificate to each inspection agent.

Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 33 Act No. 45/1997

(2) An identification certificate must—

(a) state the inspection agent's name; and

(b)	include a photograph of the inspection agent; and
(c)	set out the provisions of this Act and the plants and plant products in respect of which the inspection agent is authorised to carry out powers, functions or duties under this Act.

(3) An inspection agent must, in the course of

performing functions or duties or exercising
powers under this Act, produce his or her
identification certificate to any person who
requests its production.

51F. Fees

(1) An approved inspection service may enter into an agreement or an arrangement with any person who requires services that the inspection service is authorised to provide under an agreement with the Secretary under

section 51B.

(2) An agreement or arrangement under this

section may require payment of fees in accordance with an agreement with the Secretary under section 51B.

(3) If the person liable to pay the fee does not

pay, or cause to be paid, the fee on or before the date on which it is required to be paid, it is recoverable as a debt to the approved

inspection service.

51G. Application of FOI

(1) The Freedom of Information Act 1982

applies to an approved inspection service in
its capacity as a provider of services in

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Act No. 45/1997 s. 33

accordance with an agreement under section

51B as if—

(a)	the approved inspection service were an agency within the meaning of that Act; and
(b)	the holder of the office specified in the agreement under section 51B for the purposes of the application of the Freedom of Information Act 1982 were the principal officer of that agency; and
(c)	the Minister were the responsible Minister of that agency; and
(d)	the persons employed by the approved inspection service were officers of that agency.

(2) Nothing in this section applies the Freedom

of Information Act 1982 to an approved
inspection service—

(a)	in any capacity other than that mentioned in sub-section (1); or
(b)	services under an agreement under section 51B were not actually being

with respect to any period during which service.

51H. Investigation of administrative actions

(1) The Ombudsman Act 1973 applies to an

approved inspection service in its capacity as
a provider of services in accordance with an
agreement under section 51B as if—

(a)

the approved inspection service were a meaning of that Act; and

Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 34

s. 35 Act No. 45/1997

(b)	the holder of the office specified in the agreement under section 51B for the purposes of the application of the Ombudsman Act 1973 were the principal officer of that public statutory body; and
(c)

the persons employed by the approved that public statutory body.

(2) Nothing in this section applies the

Ombudsman Act 1973 to an approved inspection service—

(a)	in any capacity other than that mentioned in sub-section (1); or
(b)	services under an agreement under section 51B were not actually being

with respect to any period during which service.".

34. Statute law revision

In the Principal Act—

(a)	in section 9(4), for "plants products" substitute "plant products";
(b)	in section 13(1), for "that that the inspector" substitute "that the inspector";

(c) in section 43(5)—

(i) for "complies" substitute "applies";

(ii) after "refers" omit "to";

(d) in section 71(1)(e), after "do" insert "so".

____________________

PART 11—STATE OWNED ENTERPRISES ACT 1992

35.  New section 14A inserted

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 36

After section 14 of the State Owned Enterprises	No. 90/1992.
Act 1992 insert—	Reprint No. 2 as at 3

"14A. Borrowing and investment powers October 1996.

A State body has such powers under the
Borrowing and Investment Powers Act
1987 as are conferred on it by Order under

section 17B of that Act.".

36. Amendment of State Owned Enterprises Act 1992

After section 88A of the State Owned

Enterprises Act 1992 insert—

'88B. State owned enterprises to make certain

payments

(1) A declared business enterprise which is the law is not rateable land, must pay to the Treasurer, in such manner and at such times as the Treasurer determines, for payment into the Consolidated Fund, an amount determined by the Treasurer as an annual charge in respect of that land. owner of land (not being land that is used exclusively as a public open space or a park)
that, by reason of section 154 of the Local

(2) The annual charge payable in respect of land

by a declared business enterprise under this
section must not exceed the amount that
would be payable by the declared business
enterprise under the Local Government Act
1989 if the land were rateable land.

(3) A declared business enterprise may request

the Treasurer to review a determination made in respect of it under this section.

(4) A declared business enterprise that makes a request under sub-section (3)—

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997

(a)	must pay to the Treasurer such fee (if any) as is determined by the Treasurer in respect of the review; and
(b)	must pay to the Treasurer an amount equal to the cost of the review, including the cost of obtaining advice from other persons, or such part of those costs as the Treasurer determines.

(5) If, as a result of the review of a

determination, the Treasurer amends the
determination, the Treasurer may refund to
the declared business enterprise such part of
any fee and amounts paid by it under sub-
section (4).

(6) The Treasurer may, by instrument, delegate to any person or class of persons employed in the administration of this Act any power of the Treasurer under this section, other

than this power of delegation.

(7) The Consolidated Fund is hereby

appropriated to the extent necessary to
enable the Treasurer to make refunds in
accordance with this section.

(8) The Governor in Council, by Order

published in the Government Gazette, may
declare a statutory corporation to be a
declared business enterprise for the purposes
of this section.

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 36

(9) In this section, "declared business

enterprise" means a statutory corporation in
respect of which a declaration under sub-
section (8) is in force.'.

_______________
Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 37 Act No. 45/1997

PART 12—WATER INDUSTRY ACT 1994

37. Competitive neutrality-service charges

No. 121/1994.	(1) In section 25(2)(a) of the Water Industry Act
Reprinted to
No. 65/1995.	1994, after "Schedule 1" insert ", other than land
Subsequently	referred to in item 1, 2 or 3 of that Schedule
amended by
Nos 86/1995,	vested in or owned by a declared public statutory
4/1996,	authority (within the meaning of sub-section (2A))
12/1996,
39/1996 and	that is not used exclusively as public open space
51/1996.	or as a park".

(2) In section 25 of the Water Industry Act 1994, after sub-section (2) insert—

" (2A) The Governor in Council, by Order

published in the Government Gazette, may
declare a public statutory authority
constituted under the laws of Victoria to be a
declared public statutory authority for the
purposes of sub-section (2)(a).".

38. Competitive neutrality-MPW rates

(1) In section 139(2) of the Water Industry Act

1994, after "Schedule 1" insert ", other than land
referred to in item 1, 2 or 3 of that Schedule
vested in or owned by a declared public statutory
authority (within the meaning of sub-section (2A))
that is not used exclusively as public open space
or as a park".

(2) In section 139 of the Water Industry Act 1994, after sub-section (2) insert—

" (2A) The Governor in Council, by Order

published in the Government Gazette, may
declare a public statutory authority
constituted under the laws of Victoria to be a
declared public statutory authority for the
purposes of sub-section (2).".

Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 38

(3) In section 139 of the Water Industry Act 1994, after sub-section (3C) insert—

"(3D) Despite sub-section (3), (3A) or (3B), a rate levied by Melbourne Parks and Waterways under this section on any land may be levied

on the basis of a value determined by to time in respect of that land.

(3E) The value determined by Melbourne Parks and Waterways under sub-section (3D) in respect of any land must not be greater than

the value on which rates would have been made a determination under sub-section (3D) in respect of that land.".

levied on that land under this section if

(4) In section 139 of the Water Industry Act 1994, after sub-section (4) insert—

"(4A) Despite anything to the contrary in this

the Treasurer, after consultation with the

section or in any other provision of this Act, statutory authority, may give his or her approval to Melbourne Parks and Waterways levying an amount in lieu of a rate under this section in respect of a financial year, or any quarter or half of a financial year, in relation to land vested in or owned by the authority.

(4B) The amount to be levied in lieu of a rate in

accordance with sub-section (4A) is the
amount agreed between the authority and
Melbourne Parks and Waterways or, in the
absence of agreement, determined by the
Treasurer.

(4C) An approval may only be given by the

Treasurer under sub-section (4A) on the

Miscellaneous Acts (Omnibus No. 3) Act 1997

s. 38 Act No. 45/1997

application of Melbourne Parks and

Waterways.".

__________________
Miscellaneous Acts (Omnibus No. 3) Act 1997

Act No. 45/1997 s. 39

PART 13—ZOOLOGICAL PARKS AND GARDENS ACT 1995

39. Substitution of Part 3 of Schedule 1 No. 106/1995.

In Schedule 1 to the Zoological Parks and Gardens Act 1995, for Part 3 substitute—

"Part 3—Land at Healesville

".

40. Statute law revision

In section 52 of the Zoological Parks and Gardens Act 1995, for "75(7)" substitute "75(5)".

═══════════════
Miscellaneous Acts (Omnibus No. 3) Act 1997

Notes Act No. 45/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 23 April 1997

Legislative Council: 27 May 1997

The long title for the Bill for this Act was "to amend the Accident
Compensation Act 1985, the Accident Compensation Act (Further
Amendment) Act 1996, the Borrowing and Investment Powers Act
1987, the Cancer Act 1958, the Dried Fruit Acts 1958, the Melbourne

and Metropolitan Board of Works Act 1958, the Parliamentary
Officers Act 1975, the Pharmacists Act 1974, the Plant Health and
Plant Products Act 1995, the State Owned Enterprises Act 1992, the
Water Industry Act 1994 and the Zoological Parks and Gardens Act
1995 and for other purposes."