Untitled document
Miscellaneous Acts (Further Omnibus
Amendments) Act 1996
Act No. 73/1996
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 1 PART 2—AGRICULTURAL AND VETERINARY CHEMICALS
(CONTROL OF USE) ACT 1992 3
3. Notification of contaminated stock 3 4. New sections 62A and 62B inserted 3
62A. Records of notices etc. 3 62B. Secrecy 5
PART 3—ASSOCIATIONS INCORPORATION ACT 1981 6
5. Principal Act 6 6. Removal of age limits 6
PART 4—BORROWING AND INVESTMENT POWERS ACT 1987 7
7. Victorian Plantations Corporation 7
PART 5—CASINO CONTROL ACT 1991 8
8. Principal Act 8 9. Premium player arrangement 8 10. Credit betting 8
PART 6—CROWN LANDS ACTS (AMENDMENT) ACT 1994 9
11. Amendment of section 20 9
PART 7—CROWN LAND (RESERVES) ACT 1978 10
12. Amendment of section 14B 10
i
Section Page PART 8—DECENTRALIZED INDUSTRY INCENTIVE PAYMENTS ACT 1972 11
13. Repeal 11 14. Savings 11
PART 9—DOCKLANDS AUTHORITY ACT 1991 12
15. Objectives of Authority 12 16. New section 57 inserted 12
57. Transitional provision 12
17. Schedule 1 substituted 12
PART 10—ETHNIC AFFAIRS COMMISSION ACT 1993 13
18. Principal Act 13 19. Change of title of Principal Act 13 20. Substitution of purpose of Principal Act 13
1. Purpose 13
21. Change in Commission's name 13 22. Construction of references 13 23. Transitional provision 14
PART 11—FINANCIAL MANAGEMENT ACT 1994 15
24. Amendment of section 40C 15 PART 12—FINANCIAL MANAGEMENT (CONSEQUENTIAL
AMENDMENTS) ACT 1994 16 25. Amendment consequential on repeal of Decentralized Industry
Incentive Payments Act 1972 16
PART 13—LAND CONSERVATION ACT 1970 17
26. Principal Act 17 27. Amendment of section 2 17 28. Amendment of section 3 17 29. Schedule inserted 17 30. Statute law revision 18
PART 14—LIVESTOCK DISEASE CONTROL ACT 1994 19
31. Livestock waste 19 32. New sections 9A and 9B inserted 19
9A. Identification of livestock 19 9B. Property identification numbers 19
33. Entry of diseased livestock products 20 34. Inspector's powers of disposal 20
ii
Section Page
35. Registered veterinary laboratories 21 36. Registration of beekeepers 21 37. Approval of payments from compensation funds 23 38. Bees compensation 23 39. Cattle Compensation Fund 24 40. Cattle and Swine Compensation Funds 24 41. Cattle or pig stamp duty 25 42. Approved agents for stamp duties 25 43. New section 94A inserted 25
94A. Records of sales 25
44. Infringement notices 26 45. Liability for offences 26 46. Regulations 26 47. New sections 107A, 107B and 107C inserted 27 107A. Information collection 27
107B. Records of notifications etc. 27
107C. Secrecy 29
48. Statute law revision 30
PART 15—LOTTERIES GAMING AND BETTING ACT 1966 32
49. Principal Act 32 50. Amendment of section 5 32 51. Insertion of new section 5AAA 32 5AAA. Calcutta Sweepstakes 32 52. Betting houses 34 53. Betting house offences 34 54. Sports betting 34 55. Publication of betting information 35 56. Amendment of section 42 35 57. Insertion of new section 42A 35
42A. Certain communications etc. exempted 36
58. Amendment of regulation-making power 36 59. Statute law revision 36 60. Saving 37
PART 16—MAGISTRATES' COURT ACT 1989 38 61. Amendment consequential on amendment of Prostitution
Control Act 1994 38
PART 17—MELBOURNE AND OLYMPIC PARKS ACT 1985 39
62. Amendment of Schedule 39 PART 18—MISCELLANEOUS ACTS (HEALTH AND JUSTICE)
AMENDMENT ACT 1995 40
iii
Section Page
63. Statute law revision affecting Prostitution Control Act 1994 40
PART 19—POLICE REGULATION ACT 1958 41
64. Amendment of section 4 41 65. New section 4AA inserted 41
4AA. Appointment of Acting Assistant Commissioner 41
66. Qualifications as to age of police reservists 42 67. Retirement of protective services offices not compulsory 42
PART 20—PROSTITUTION CONTROL ACT 1994 43
68. Principal Act 43 69. Definitions 43 70. New section 21A inserted 43
21A. Operating brothel other than in a building 43
71. Licence cancellation by Board 44 72. Declaration of non-building premises as proscribed brothel 44 73. Transitional provision 45
PART 21—RACING ACT 1958 46
74. Principal Act 46 75. Guarantee of bookmakers against betting defaults 46 76. Race-course licences 48 77. Racing-club licences 48 78. Race-course map 49 79. Insertion of new section 18 49
18. Picnic race-meetings 49
80. Amendment of section 19 50 81. Substitution of section 19A 51
19A. Restricted harness racing meetings 51
82. Substitution of section 20 52
20. Point-to-point steeplechases held by hunt clubs 52
83. Substitution of section 52A 53
52A. Plumpton coursing with mechanical quarry 53
84. Substitution of section 52B 54
52B. Greyhound racing permits 54
85. Harness races at agricultural shows 55 86. Abolition of bookmakers' course agents 55 87. Bookmaker's clerks 56 88. Issue of club bookmaker's licences 57 89. Insertion of new section 91A 58
91A. Controlling bodies may make rules 58
90. Statute law revision 59 91. Transitional 60
iv
Section Page PART 22—STAMPS ACT 1958 62
92. Bookmakers 62
PART 23—TEACHING SERVICE ACT 1981 63
93. Inquiries 63 94. Transitional provision 63 PART 24—THE DECENTRALIZATION ADVISORY
COMMITTEE ACT 1964 64
95. Repeal 64
PART 25—TRANSPORT ACCIDENT ACT 1986 65
96. New section 110A inserted 65
110A. Extension of operation of Regulations 65
97. Statute law revision 65 PART 26—TREASURY CORPORATION OF VICTORIA ACT
1992 66
98. Repeal of section 14 66 99. Transitional provisions 66 PART 27—VICTORIAN FUNDS MANAGEMENT
CORPORATION ACT 1994 67 100. New section 9A inserted 67
9A. Appointment and powers as fund manager 67
PART 28—VICTORIAN MANAGED INSURANCE AUTHORITY
ACT 1996 68 101. Amendment of section 25 68 102. Statute law revision 68
————————
SCHEDULE 1 69
═══════════════
NOTES 69
v
Victoria
No. 73 of 1996
Miscellaneous Acts (Further Omnibus
†
Amendments) Act 1996
[Assented to 17 December 1996]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to make amendments to 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 (Further Omnibus Amendments) Act 1996
s. 2
Act No. 73/1996
(2) Part 6 is deemed to have come into operation on
the day on which the Crown Lands Acts
(Amendment) Act 1994 received the Royal
Assent.
(3) Section 63 is deemed to have come into operation on 5 December 1995.
(4) Part 17 is deemed to have come into operation on
the day on which section 17 of the Melbourne and Olympic Parks (Amendment) Act 1995 came into operation.
(5) Sections 50, 51, 54(2), 55(3), 56, 57, 58, 60, 75 to 84, 86, 87 and 91 and Part 22 come into operation on a day or days to be proclaimed.
(6) If a provision referred to in sub-section (5) does
not come into operation before 1 July 1997, it
comes into operation on that day.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 3
Act No. 73/1996
PART 2—AGRICULTURAL AND VETERINARY
CHEMICALS (CONTROL OF USE) ACT 1992
No. 46/1992
3. Notification of contaminated stock
as amended
by Nos
| 31/1994 and | After section 56(3) of the Agricultural and |
| 73/1994. | Veterinary Chemicals (Control of Use) Act 1992 insert— |
| "(4) If the result of the testing of any stock, land |
or agricultural produce under this section shows that the stock, land or agricultural produce is contaminated, the person who carried out the test of that stock, land or
agricultural produce must notify the contamination within the prescribed time and in the prescribed manner.".
4. New sections 62A and 62B inserted
After section 62 of the Agricultural and
Veterinary Chemicals (Control of Use) Act1992 insert—
"62A. Records of notices etc.
(1) The Secretary must keep records of notices under section 56(1) and (4).
(2) Records maintained by the Secretary under
sub-section (1) may be made available by the individuals, properties or premises to any person or body who applies in writing for the information.
(3) Records maintained by the Secretary under
sub-section (1) may be made available to—
(a)
any person, body or organisation prescribed by the regulations; or
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 4
Act No. 73/1996
(b) government department, agency or
public statutory authority of the
Commonwealth or a State or Territory
of the Commonwealth employed in the
administration of this Act, the
Livestock Disease Control Act 1994,
the Stock (Seller Liability and
Declarations) Act 1993 or any Act of
the Commonwealth or a State orany officer or employee of a prescribed by the regulations—
subject to any conditions specified by the
Secretary.(4) Records maintained by the Secretary under sub-section (1) may also be made available by the Secretary subject to any conditions
specified by the Secretary to—
(a) any person or body if the owner of the stock, land or agricultural produce referred to in the records or any other person mentioned in the records consents in writing to the release of the information; or (b) to any person or body nominated by the owner of the stock, land or agricultural produce or any person referred to in the records as carrying out services on behalf of or as agent for the owner or the person referred to in the records;
(c)
to any person or body if the Secretary is satisfied that it is in the public interest that the information should be released to that person or body.
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 4
Act No. 73/1996
(5) The Secretary may charge a fee fixed by the Secretary by notice published in the Government Gazette for access to, or copies or extracts from, any records maintained by the Secretary under this section.
62B. Secrecy
(1) A person who has at any time—
(a)
exercised a power or discharged a function under this Act or the Regulations; or
(b)
been employed for the purposes of, or in connection with, the administration of this Act or the Regulations—
must not divulge or communicate to any
person or publish any information referred to
in section 62A unless the divulgence,
communication or publication is made in
accordance with that section.
Penalty: 60 penalty units.(2) A person or body to whom information is
made available under section 62A and a
person or employee under the control of that
person or body, is subject, in respect of that
information, to the same rights, privileges,
obligations and liabilities under this section
as if that person, body or employee were a
person referred to in sub-section (1).".
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 5
Act No. 73/1996
PART 3—ASSOCIATIONS INCORPORATION ACT 1981
5. Principal Act
No. 9713.
In this Part, the Associations Incorporation Act
Reprinted to
1981 is called the Principal Act. No. 14/1995.
6. Removal of age limits
(1) In sections 4(1)(a), 10(3)(a)(iii) and 31(3)(d)(ia) of
the Principal Act, omit "but not the age of 72
years".
(2) In section 25(2)(a) of the Principal Act, omit "and, unless appointed by a resolution under sub-section (2B), has not attained the age of 72 years".
(3) In section 25 of the Principal Act, sub-sections
(2A) and (2B) are repealed.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 7
Act No. 73/1996
PART 4—BORROWING AND INVESTMENT POWERS ACT
1987
7. Victorian Plantations Corporation
No. 13/1987.
In item 23 in Schedule 1 to the Borrowing and
Reprinted to
| No. 106/1995 | Investment Powers Act 1987, after "10," insert |
| and | "11,". |
| subsequently amended by Nos 4/1996 | |
| and 11/1996. |
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 8
Act No. 73/1996
PART 5—CASINO CONTROL ACT 1991
No. 47/1991.
8. Principal Act
Reprinted to No. 93/1995
In this Part, the Casino Control Act 1991 is and called the Principal Act.
subsequently amended by
No. 17/1996.
9. Premium player arrangement
In section 3(1) of the Principal Act, in the definition of "premium player arrangement", after "casino" (where last occurring) insert "or otherwise calculated by reference to such play".
10. Credit betting
In section 68 of the Principal Act, after sub-
section (7) insert—
"(8) Despite sub-section (2), a casino operatormay provide chips on credit to a person who is not ordinarily resident in Australia for use while participating in—
(a)
a premium player arrangement with the casino operator; or
(b) a junket at the casino—
if the casino operator and the person satisfy
the requirements of any relevant controls and
procedures approved by the Authority under
section 121 in respect of a premium player ora junket player (as the case may be).".
__________________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 11
Act No. 73/1996
PART 6—CROWN LANDS ACTS (AMENDMENT) ACT 1994
11. Amendment of section 20
No. 96/1994.
In section 20 of the Crown Land Acts (Amendment) Act 1994, for "sub-divisions 1, 2, 4 and 5 are repealed" substitute "sub-divisions 1, 2 and 5 are repealed and sub-division 4 (other than section 61(2), (2A) and (3)) is repealed".
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 12
Act No. 73/1996
PART 7—CROWN LAND (RESERVES) ACT 1978
12. Amendment of section 14B
No. 9212.
In section 14B(4) of the Crown Land (Reserves)
Reprinted to
Act 1978, after "a period of" insert "up to". No. 67/1995.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 13
Act No. 73/1996
PART 8—DECENTRALIZED INDUSTRY INCENTIVE
PAYMENTS ACT 1972
13. Repeal
No. 8383.
The Decentralized Industry Incentive Payments
Reprinted to
| No. 9882 and | Act 1972 is repealed. |
| subsequently amended by | |
| Nos 10223, 45/1987 and | |
| 31/1994. |
14. Savings
(1) The repeal of the Decentralized Industry
Incentive Payments Act 1972 does not affect the operation, continuity or effect of any agreement made under section 2B of that Act and in force immediately before that repeal and that Act continues to apply in respect of any such agreement as if that Act had not been repealed.
(2) The provisions of sub-section (1) are in addition
to, and not in derogation from, the Interpretation
of Legislation Act 1984.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 15
Act No. 73/1996
PART 9—DOCKLANDS AUTHORITY ACT 1991
15. Objectives of Authority
No. 22/1991.
In section 9(1) of the Docklands Authority Act
Reprinted to
1991 after "area" insert "and to complete its No. 107/1995 involvement in that development by 31 December and
subsequently2005". amended by
No. 9/1996.
16. New section 57 inserted
After section 56 of the Docklands Authority Act
1991 insert—
"57. Transitional provision
Until the publication in the Government section 4(3), the docklands area must be taken to be the area shown hatched on the plan in Schedule 1 as amended by the Miscellaneous Acts (Further Omnibus Amendments) Act 1996.".
17. Schedule 1 substituted
For the plan in Schedule 1 to the Docklands docklands area shown in Schedule 1 to this Act.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 18
Act No. 73/1996
PART 10—ETHNIC AFFAIRS COMMISSION ACT 1993
18. Principal Act
No. 26/1993.
In this Part, the Ethnic Affairs Commission Act
1993 is called the Principal Act.
19. Change of title of Principal Act
In the title of the Principal Act, for "Ethnic
Affairs" substitute "Victorian Multicultural".
20. Substitution of purpose of Principal Act
For section 1 of the Principal Act substitute—
"1. Purpose
The purpose of this Act is to create the Victorian Multicultural Commission.".
21. Change in Commission's name
In section 3 of the Principal Act, for "Ethnic
Affairs" substitute "Victorian Multicultural".
22. Construction of references
(1) In this section "relevant document" means—
(a) an Act; or
(b)
a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984; or
(c) any document whatsoever.
(2) In relation to any period occurring on or after the
commencement of this Part and unless
inconsistent with the context or subject matter, a
reference in a relevant document—
(a)
to the Ethnic Affairs Commission Act 1993 must be taken to be a reference to the
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 23
Act No. 73/1996
Victorian Multicultural Commission Act
1993;
(b)
to the Ethnic Affairs Commission must be taken to be a reference to the Victorian Multicultural Commission.
23. Transitional provision
Despite the change in name of the Commission established by the Principal Act, the Commission continues to be the same body after as before its change in name and no act, matter or thing is affected by that change.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 24
Act No. 73/1996
PART 11—FINANCIAL MANAGEMENT ACT 1994
24. Amendment of section 40C
No. 18/1994.
In section 40C of the Financial Management Act
Reprinted to
| No. 43/1995 | 1994— |
| and | |
| subsequently | (a) after "indemnity to" insert "a person who is |
| amended by | |
| Nos 100/1995, | or has been"; |
| 104/1995 and | |
| 106/1995. | (b) for "eligible director as an officer" substitute "person as an officer, or former officer,". |
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 25
Act No. 73/1996
PART 12—FINANCIAL MANAGEMENT (CONSEQUENTIAL
AMENDMENTS) ACT 1994
25. Amendment consequential on repeal of Decentralized Industry Incentive Payments Act 1972
No. 31/1994.
In the Financial Management (Consequential repealed.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 26
Act No. 73/1996
PART 13—LAND CONSERVATION ACT 1970
26. Principal Act
No. 8008.
In this Part, the Land Conservation Act 1970 is
Reprinted to
| No. 36/1992 | called the Principal Act. |
| and subsequently | |
| amended by Nos 18/1994, | |
| 32/1994 and 52/1994. |
27. Amendment of section 2
In section 2(1) of the Principal Act, in paragraph (a) of the definition of "public land", for "City Council or Rural City Council" substitute
"metropolitan municipal council specified in the
Schedule".
28. Amendment of section 3
In section 3(1)(h) of the Principal Act, for "whose municipal district lies wholly or partly outside the metropolis (as defined in the Melbourne and
Metropolitan Board of Works Act 1958)" substitute "other than a metropolitan municipal council specified in the Schedule".
29. Schedule inserted
At the end of the Principal Act insert—
"SCHEDULE
METROPOLITAN MUNICIPAL COUNCILS
Banyule Casey Bayside Darebin Boroondara Frankston Brimbank Glen Eira
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 30
Act No. 73/1996
Greater Dandenong Monash Hobsons Bay Moonee Valley Hume Moreland Kingston Port Phillip Knox Stonnington Manningham Whitehorse Maribyrnong Whittlesea Maroondah Wyndham Melbourne Yarra.".
30. Statute law revision
The Principal Act is amended as follows—
(a)
in sections 3(1)(b) and (d) and 4(1), (3) and (4), for "Public Service Act 1974" substitute "Public Sector Management Act 1992";
(b)
in sections 3(3) and 4(2), for "employé" substitute "employee";
(c)
in sections 4(1) and 4(4), for "employés" substitute "employees".
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 31
Act No. 73/1996
PART 14—LIVESTOCK DISEASE CONTROL ACT 1994
31. Livestock waste
No. 115/1994
In section 3 of the Livestock Disease Control Act
as amended
| by Nos | 1994, in the definition of "livestock product" after |
| 92/1995 and | |
| paragraph (e) insert— | |
| 104/1995. | |
| "(f) the secretions, excretions, manure and other wastes of livestock;". |
32. New sections 9A and 9B inserted
After section 9 of the Livestock Disease Control
Act 1994 insert—
"9A. Identification of livestock
(1) The owner of any prescribed livestock or livestock of a prescribed species or class must take reasonable steps to ensure that the
livestock is tagged, marked or branded at the times and in the circumstances prescribed by the regulations with an identification code or number allocated by the Secretary under
section 9B relating to the property where the
livestock is normally kept.
Penalty: 5 penalty units.(2) If any prescribed livestock or livestock of a prescribed species or class has been tagged, marked or branded in accordance with sub- section (1), a person must not remove that
tag from the livestock or deface, obliterate or alter the mark or brand except in accordance with the regulations.
Penalty: 5 penalty units.
9B. Property identification numbers
(1) A person who owns any prescribed livestock or any livestock of a prescribed species or
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 33
Act No. 73/1996
class must apply to the Secretary for the
allocation of a code or number which
identifies the land where that livestock is
kept or proposed to be kept.Penalty: 5 penalty units.
(2) An application under sub-section (1) must
be—
(a) made in the prescribed manner; and
(b) accompanied by the fee (if any) fixed by the Minister. (3) The Secretary must issue a property
identification code or number to a person
who has applied in accordance with this
section.
(4) A property code or identification number remains in force for any period between 1 and 3 years that is specified by the Secretary
with respect to any property identification code or number issued by the Secretary.".
33. Entry of diseased livestock products
In section 10(1) of the Livestock Disease Control livestock product".
34. Inspector's powers of disposal
(1) In section 15(1) of the Livestock Disease Control
Act 1994 for all words after paragraph (b) substitute—
"the inspector may—
(c)
dispose of, or order to be disposed of, the livestock or livestock product; or
(d)
destroy, or order to be destroyed, the livestock or livestock product.".
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 35
Act No. 73/1996
(2) In section 15(2) of the Livestock Disease Control Act 1994 after "destroy" insert "or dispose of".
35. Registered veterinary laboratories
After section 16(3) of the Livestock Disease
Control Act 1994 insert—"(4) The owner or person in charge of premises
registered as a veterinary diagnostic
laboratory must ensure that the facilities and
operational practices of the laboratory
comply with any prescribed standards of
accreditation for veterinary diagnostic
laboratories.
Penalty: 60 penalty units.
(5) The owner or person in charge of premises
registered as a veterinary diagnostic
laboratory must comply with any direction of
the Secretary to take part in any program to
test the proficiency of the facilities and
operational practices used in the laboratory
or to do so jointly or collaboratively with any
other veterinary diagnostic laboratory.
Penalty: 10 penalty units.".
36. Registration of beekeepers
(1) In section 48(1) of the Livestock Disease Control
Act 1994 for "60 penalty units" substitute "5 penalty units".
(2) After section 48(4) of the Livestock Disease Control Act 1994 insert—
"(5) A person who is registered as a beekeeper
under a corresponding provision of an Act of
another State or Territory is not required to
be registered as a beekeeper under this Act
for any period not exceeding 3 months
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
Act No. 73/1996
during which the person keeps bees in
Victoria.".
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 37
Act No. 73/1996
37. Approval of payments from compensation funds
(1) In sections 67(2), 72(2) and 81(2) of the
Livestock Disease Control Act 1994 for "The appropriate Minister, on the recommendation of the Minister," substitute "The Minister".
(2) In sections 67(3), 72(3) and 81(3) of the
Livestock Disease Control Act 1994 for "recommendation" substitute "payment".
38. Bees compensation
(1) At the end of section 69(1) of the Livestock Disease Control Act 1994 insert—
"—
in circumstances determined by Order of theGovernor in Council.".
(2) In section 69(3) of the Livestock Disease Control
Act 1994—
(a)
after paragraphs (a)(b)(c) and (d) insert "and";
(b)
after paragraph (d) insert— "(e) in the case of the destruction or
disinfection of any bees, livestock,
product of bees, fitting or other article
must not exceed the maximum amount
of compensation payable for that
destruction or disinfection determined
by Order of the Governor in Council.".
(3) After section 70(2)(a) of the Livestock Disease Control Act 1994 insert—
"(ab) the circumstances in which compensation
should be payable under this Division;
(ac) the maximum amount of compensation
which should be payable under this Division
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 39
Act No. 73/1996
for the destruction or disinfection of bees, livestock products of bees, fittings or other articles;".
39. Cattle Compensation Fund
In section 72(2)(a) of the Livestock Disease Control Act 1994 after "cattle" insert "or of any other Act administered by the Minister that requires the identification of cattle".
40. Cattle and Swine Compensation Funds
(1) In section 75 of the Livestock Disease Control Act 1994 after paragraph (d) insert—
"(e) to the owner of any cattle destroyed by, or by
order of, an inspector under this Act
because—
(a) the cattle are suffering from or suspected of suffering from a disease which is declared to be an exotic disease after their destruction; or (b) the cattle are suspected of suffering from an exotic disease but after destruction are found not to be suffering from an exotic disease.". (2) In section 83 of the Livestock Disease Control Act 1994 after paragraph (d) insert—
"(e) to the owner of any pigs destroyed by, or by
order of, an inspector under this Act
because—
(a)
the pigs are suffering from or suspected of suffering from a disease which is declared to be an exotic disease after their destruction; or
(b)
the pigs are suspected of suffering from an exotic disease but after destruction
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 41
Act No. 73/1996
are found not to be suffering from an
exotic disease.".
41. Cattle or pig stamp duty
In section 92 of the Livestock Disease Control
Act 1994—
(a)
in sub-section (1)(c), for "by registered post to the Commissioner of State Revenue" substitute "by post to the purchaser of the cattle or calves or the carcases of cattle";
(b)
in sub-section (2)(c) for "by registered post to the Commissioner of State Revenue" substitute "by post to the purchaser of the pigs or carcases of pigs".
42. Approved agents for stamp duties
In section 94(1) of the Livestock Disease Control an abattoir operator, a feedlot operator, a cattle scale operator, a calf dealer or any other prescribed business dealing with the buying or selling of livestock or the carcases of livestock".
43. New section 94A inserted
After section 94 of the Livestock Disease
Control Act 1994 insert—
"94A. Records of sales
A person who—
(a)
is an approved agent under section 94 or carries on business as a stock and station agent, an abattoir operator, a feedlot operator, a cattle scale operator, a calf dealer or any prescribed business dealing with the buying or selling of livestock or the carcases of livestock; and
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 44
Act No. 73/1996
(b)
sells any livestock of a prescribed species or class—
must ensure that the prescribed particulars
about the sale of that livestock are—
(c) recorded; and
(d)
supplied to the person who purchased the livestock if that person is a prescribed purchaser or of a prescribed class of purchasers; and
(e)
made available for inspection by an inspector during the period of 7 years after the date of the sale.
Penalty: 5 penalty units.".
44. Infringement notices
In section 126(1) of the Livestock Disease
Control Act 1994—
(a)
for "section 9 or 51(1) or (2)" substitute "section 9, 9A, 9B, 48(1), 51(1) or (2) or 94A";
(b)
after "this Act" insert "or an offence against the regulations prescribed for the purposes of this section".
45. Liability for offences
In section 134(3) of the Livestock Disease
Control Act 1994 for "incorporated" substitute"unincorporated".
46. Regulations
In section 139(2)(e)(i) of the Livestock Disease amended and in force from time to time".
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 47
Act No. 73/1996
47. New sections 107A, 107B and 107C inserted
After section 107 of the Livestock Disease
Control Act 1994 insert—
"107A. Information collection
The functions of the Secretary under this Act include—
(a) the establishment of an information to be kept by the Secretary under this Act, the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 and the Stock (Seller Liability and Declarations) Act 1993;
(b)
the analysis of the information and the publication of the information in accordance with this Act or the Act under which the records are required or authorised to be kept and maintained by the Secretary.
107B. Records of notifications etc.
(1) The Secretary must keep and maintain records of—
(a) notifications given to the Secretary under section 7; (b) applications for property identification Secretary under regulations made for the purposes of section 9 and the codes or numbers allocated under those provisions;
(c)
applications for property identification codes or numbers under section 9B and
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 47
Act No. 73/1996
the codes or numbers allocated under
that section;
(d) applications for registration under
section 48;(e) applications for compensation under
Part 5;(f)
records of notification under sections 11 and 12 of the Stock Diseases Act 1968 in the possession or under the
control of the Secretary immediately
before the repeal of that Act;(g)
records in the possession or under the control of the Secretary under the Bees Act 1971 immediately before its repeal;
(2) Records maintained by the Secretary under
sub-section (1) may be made available by the individuals, properties or premises to any person or body who applies in writing for the information. (3) Records maintained by the Secretary under
sub-section (1)(a) or (f) may be made
available by the Secretary subject to any
conditions specified by the Secretary to—
(a)
any person or body if the owner of the livestock, property or premises referred to in the records or any other person mentioned in the records consents in writing to the release of the information; or
(b)
to any person or body nominated by the owner of the livestock, property or premises, or any person referred to in the records as carrying out services on
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 47
Act No. 73/1996
behalf of or as agent for the owner or
the person referred to in the records; or
(c) to any person or body if the Secretary is satisfied that it is in the public interest that the information should be released to that person or body. (4) Records maintained by the Secretary under
sub-section (1)(b), (c), (d), (e) or (g) may be
made available to—
(a) any person, body or organisation prescribed by the regulations; or (b) government department, agency or
public statutory authority of the
Commonwealth or a State or Territory
of the Commonwealth employed in the
administration of this Act, the
Agricultural and Veterinary
Chemicals (Control of Use) Act 1992,
the Stock (Seller Liability and
Declarations) Act 1993 or anyany officer or employee of a or a State or Territory of the Commonwealth—
subject to any conditions specified by the
Secretary.(5) The Secretary may charge a fee fixed by the Secretary by notice published in the Government Gazette for access to, or copies or extracts from, any records maintained by the Secretary under this section.
107C. Secrecy
(1) A person who has at any time—
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 48
Act No. 73/1996
(a)
exercised a power or discharged a function under this Act or the regulations; or
(b)
been employed for the purposes of, or in connection with, the administration of this Act or the regulations—
must not divulge or communicate to any
person or publish any information referred to
in section 107B unless the divulgence,
communication or publication is made in
accordance with that section.
Penalty: 60 penalty units(2) A person or body to whom information is made available under section 107B, and a person or emloyee under the control of that
person or body, is subject, in respect of that
information, to the same rights, privileges,
obligations and liabilities under this section
as if that person, body or employee were aperson referred to in sub-section (1).".
48. Statute law revision
The Livestock Disease Control Act 1994 is amended as follows—
(a) after section 14(1)(b) insert "or";
(b)
in section 29(3)(b) after "exposure" insert "of";
(c)
in section 90(2)(a) for "a persons" substitute "a person";
(d)
in section 139(4) for "1962" substitute "1994";
(e)
in item 4(e) of Schedule 1 for "it" substitute "if";
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 48
Act No. 73/1996
(f) in item 4 of Schedule 2—
(i) for "3.1" substitute "4.1";
(ii) for "3.2" substitute "4.2";
(iii) for "3.3" substitute "4.3";
(g) in item 5 of Schedule 2—
(i) for "4.1" substitute "5.1";
(ii) for "4.2" substitute "5.2".
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 49
Act No. 73/1996
PART 15—LOTTERIES GAMING AND BETTING ACT 1966
49. Principal Act
No. 7429.
In this Part, the Lotteries Gaming and Betting
Reprinted to
Act 1966 is called the Principal Act. No. 44/1995
andsubsequently amended by
No. 17/1996.
50. Amendment of section 5
In section 5(4) of the Principal Act, for paragraph
(e) substitute—"(e) to a Calcutta Sweepstake conducted by a
club if the club is authorised by an approval
issued under section 5AAA and theconditions of the approval are observed.".
51. Insertion of new section 5AAA
After section 5 of the Principal Act insert—
"5AAA. Calcutta Sweepstakes
(1) A club may apply to the Minister for
approval to conduct Calcutta Sweepstakes.
(2) An application must be accompanied by the
prescribed fee.
(3) The Minister may issue an approval under this section and for that purpose may take into account any matter that the Minister
considers relevant.
(4) Without limiting sub-section (3), the Minister may consider—
(a)
whether the club is conducted in good faith; and
(b)
whether the club has contravened any law relating to gaming or betting; and
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 51
Act No. 73/1996
(c) the types of sporting contingency on which the club wishes to conduct Calcutta Sweepstakes. (5) An approval is subject to the following conditions—
(a) the Calcutta Sweepstakes may be contingencies;
(b) subscriptions may be canvassed or made only on the club premises; (c) participation must be limited to members and their guests; (d) not more than 5% of the proceeds of each sweepstake may be retained by the club for its expenses of conducting the sweepstake and the whole of the remainder must be distributed as prizes among the participants; (e) no written notice or advertisement of a Calcutta Sweepstake may be exhibited, distributed or published except a notice exhibited on the premises of the club and a circular to members advising of
the intention to conduct the sweepstake;(f) a Calcutta Sweepstake must be regulations;
(g) any other conditions that the Minister thinks fit. (6) An approval under this section is not transferable to any other club.
(7) The Minister may suspend or revoke an
approval for any just and reasonable cause
stated in writing.
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 52
Act No. 73/1996
(8) Without limiting sub-section (7), the
Minister may suspend or revoke an approval if the holder of the approval has contravened this Act or the regulations or a condition of
the approval.".
52. Betting houses
(1) In section 17(1) of the Principal Act, after
paragraph (a) insert—
"(ab) For the purpose of taking instructions for the
placement of bets on behalf of any person;".
(2) In section 17(1)(b) of the Principal Act, for
"contingency; or" (where last occurring)
substitute—
"contingency—
except for the purpose of paying or receiving
money in settlement of bets lawfully made under
the Racing Act 1958 or this Act by or on behalf of
a bookmaker registered under the Racing Act1958; or".
53. Betting house offences
(1) In section 18 of the Principal Act, in paragraph (a) of the penalty set out at the foot of sub-section (1), after "receiving the bets" insert "or the value of all bets instructed to be placed".
(2) In section 19 of the Principal Act, after "deposit
on any bet" insert "or any bet instructed to be
placed".
54. Sports betting
(1) In section 38(2) of the Principal Act—
(a) for "the Victorian Wheelman's League" and
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 55
Act No. 73/1996
(b)
for "that League" substitute "the League or Victorian Cycling Incorporated".
(2) After section 38(2) of the Principal Act insert—
"(2A) An application to the authorised officer forapproval under sub-section (2) of foot races
and bicycle races must be accompanied by
the prescribed fee.".
55. Publication of betting information
(1) In section 40(1)(e)(i) of the Principal Act—
(a) after "sporting contingency" (where first occurring) insert ", or on sporting contingencies generally or on any class of sporting contingency,"; and (b) after "sporting contingency" (wherever else occurring) insert "or contingencies or class of sporting contingency". (2) In paragraph (b) of the first proviso to section
40(1) of the Principal Act, omit "outside
Victoria".
(3) In section 40 of the Principal Act, after sub- section (3B) insert—
"(3BA) An application to the Minister for approval
under sub-section (3B) must be accompanied
by the prescribed fee.".
56. Amendment of section 42
In section 42 of the Principal Act, sub-section (2) is repealed.
57. Insertion of new section 42A
In Division 6 of Part IV of the Principal Act, after section 42 insert—
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 58
Act No. 73/1996
"42A. Certain communications etc. exempted
(1) Despite the provisions of this Division, a
person may communicate, publish or
transmit betting odds in accordance with an
approval under sub-section (2).
(2) The Minister may, by order published in the
Government Gazette, approve the communication or publication or transmission by any means of the betting
odds prevailing at a race-meeting.
(3) The Minister may make an approval—
(a)
either general or limited in its application; and
(b) subject to conditions.
(4) The Minister may by order published in the Government Gazette—
(a)
add, omit or vary a condition at any time; and
(b) revoke an approval.".
58. Amendment of regulation-making power
In section 86(1) of the Principal Act, after
paragraph (c) insert—"(ca) Calcutta Sweepstakes;".
59. Statute law revision
(1) In Division 1 of Part I of the Principal Act, for
"5A. Banking" substitute "5AA. Banking".
(2) In section 6(7)(a) of the Principal Act, after
"section;" insert "and".
(3) In section 6FZA(2)(a) of the Principal Act, for ", of the holder of" substitute ", or the holder of".
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 60
Act No. 73/1996
60. Saving
A permit issued under section 5(4)(e) of the Principal Act as in force immediately before the commencement of this section to conduct a Calcutta Sweepstake after that commencement continues in force as if this Act had not been enacted.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 61
Act No. 73/1996
PART 16—MAGISTRATES' COURT ACT 1989
61. Amendment consequential on amendment of Prostitution Control Act 1994
No. 51/1989.
In Schedule 4 to the Magistrates' Court Act
Reprinted to
1989, before item 48B insert— No. 99/1995.
"48AB. Operating brothel other than in a building
Offences under section 21A(1) of the Prostitution
Control Act 1994.".
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 62
Act No. 73/1996
PART 17—MELBOURNE AND OLYMPIC PARKS ACT 1985
62. Amendment of Schedule
No. 10206.
In Part 5 of the Schedule to the Melbourne and
Reprinted to
| No. 34/1995. | Olympic Parks Act 1985, omit the Column headed "Extent of Revocation". |
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 63
Act No. 73/1996
PART 18—MISCELLANEOUS ACTS (HEALTH AND
JUSTICE) AMENDMENT ACT 1995
63. Statute law revision affecting Prostitution Control Act 1994
No. 99/1995.
In section 24 of the Miscellaneous Acts (Health and Justice) Amendment Act 1995—
(a)
for "after item 48" substitute "before item 49";
(b) for "48A." substitute "48C.".
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 64
Act No. 73/1996
PART 19—POLICE REGULATION ACT 1958
64. Amendment of section 4
No. 6338.
(1) In section 4 of the Police Regulation Act 1958 for
Reprinted to
| No. 35/1993, | sub-section (3) substitute— |
| subsequently | |
| amended by | "(3) The Governor in Council may appoint a |
| Nos 23/1994, | |
| 120/1994, | member of the force to be an Acting Deputy |
| 42/1995, | Commissioner during a suspension or |
| 4/1996, | |
| 23/1996. | temporary absence of a Deputy Commissioner."; |
(2) In section 4 of the Police Regulation Act 1958—
(a)
in sub-section (4) omit "or Acting Assistant Commissioner";
(b)
in sub-section (4)(b) omit "or Assistant Commissioner";
(c) sub-section (6) is repealed.
65. New section 4AA inserted
After section 4 of the Police Regulation Act 1958 insert—
"4AA. Appointment of Acting Assistant
Commissioner
(1) The Chief Commissioner may appoint a
member of the force to be an Acting
Assistant Commissioner—
(a)
while an office of Assistant Commissioner is vacant; or
(b)
during any period when an Assistant Commissioner is suspended, sick or absent from office.
(2) An Acting Assistant Commissioner while so
acting has all the responsibilities, powers, authorities and duties and may perform all
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 66
Act No. 73/1996
the functions of the Assistant Commissioner
in whose place he or she acts.(3) The Chief Commissioner may, at any time, revoke the appointment of a member of the force as an Acting Assistant Commissioner.".
66. Qualifications as to age of police reservists
Section 104(a) of the Police Regulation Act 1958 is repealed.
67. Retirement of protective services offices not compulsory
Section 118I of the Police Regulation Act 1958 is repealed.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 68
Act No. 73/1996
PART 20—PROSTITUTION CONTROL ACT 1994
68. Principal Act
No. 102/1994.
In this Part, the Prostitution Control Act 1994 is
Reprinted to
| No. 99/1995. | called the Principal Act. |
69. Definitions
In section 3 of the Principal Act, after the definition of "brothel" insert—
' "building" means building or other structure
permanently affixed to land, other than land covered with water, but does not include—
(a) a building or structure that is of a temporary nature or that is readily capable of being moved or transported from place to place; and
(b)
a vehicle within the meaning of the Road Safety Act 1986; and
(c)
a railway locomotive or railway rolling stock; and
(d)
a vessel within the meaning of the Marine Act 1988; and
(e) an aircraft of any type;'.
70. New section 21A inserted
In Part 2 of the Principal Act, after section 21 insert—
'21A. Operating brothel other than in a building
(1) A person must not carry on business as a
prostitution service provider of a kind
referred to in the definition of "brothel" in
section 3 at premises—
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 71
Act No. 73/1996
(a)
for which there is not in force a permit granted under the Planning and Environment Act 1987 for their use or development for the purposes of the operation of a brothel; and
(b)
that are not a building or part of a building.
Penalty: 360 penalty units or imprisonment
for 3 years or both.(2) An offence against sub-section (1) is an indictable offence.'.
71. Licence cancellation by Board
In section 47(2) of the Principal Act, after paragraph (e) insert—
"; or
(f) the licensee has contravened this Act and the contravention is, in the opinion of the Board, of a serious nature.".
72. Declaration of non-building premises as proscribed brothel
(1) In section 80(1) of the Principal Act, after
paragraph (a) insert—
"(ab) on the application of an authorised member
of the police force, that a person is carrying
on business on those premises incontravention of section 21A(1)(b); or".
(2) In section 84(1) of the Principal Act, after
paragraph (a) insert—
"(ab) used for the purposes of the operation of a
brothel in contravention of section
21A(1)(b); or".
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 73
Act No. 73/1996
73. Transitional provision
The Principal Act as amended by section 71 applies in relation to—
(a)
contraventions of that Act irrespective of whether they occurred before or after the commencement of that section; and
(b)
licences irrespective of whether they were granted before or after the commencement of that section.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 74
Act No. 73/1996
PART 21—RACING ACT 1958
74. Principal Act
No. 6353.
In this Part, the Racing Act 1958 is called the
Reprinted to
Principal Act. No. 83/1995
andsubsequently amended by
No. 17/1996.
75. Guarantee of bookmakers against betting defaults
(1) In section 94A of the Principal Act, before sub-section (1) insert—
'(1AA) In this section—
"determined amount", in relation to a
bond, class of registered bookmaker or
class of wager, means the amount
determined by Order under sub-section
(2B) in respect of that bond, class of
registered bookmaker or class of wager;
"registered bookmaker" includes an
approved substitute of the registered
bookmaker.'.
(2) In section 94A(1) of the Principal Act, for
"amount of $200 000" substitute "determined
amount".
(3) In section 94A of the Principal Act, for sub-
section (2) substitute—
"(2) A bond remains in force, after being lodged
with the Committee, until revoked by notice
in writing by the company addressed to thechairman of the Committee.
(2A) A bond may limit the liability of the
company—
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 75
Act No. 73/1996
(a) in relation to each registered determined by Order under sub-section (2B), to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers (not being defaults to which paragraph (b) applies)—
(i) of a total amount of not less than the determined amount in respect of that class of registered
bookmaker; or
(ii) if the registered bookmaker is a member of more than one class, of a total amount of not less than the highest determined amount in respect of those classes of registered bookmaker; and
(b) in relation to each registered bookmaker, to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers of a class determined by Order under sub- section (2B), of a total amount of not less than the determined amount in respect of that class of wager. (2B) The Governor in Council may by Order
published in the Government Gazette
determine, for the purposes of this section—
(a)
the amount of a bond referred to in sub- section (1); and
(b)
classes of registered bookmaker and an amount in respect of each class; and
(c)
classes of wager and an amount in respect of each class.".
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 76
Act No. 73/1996
76. Race-course licences
(1) In section 24 of the Principal Act, sub-section (2)
is repealed.
(2) In section 24 of the Principal Act, for sub-section
(4) substitute—
"(4) Subject to sub-section (5), a licence may be
subject to any conditions that the Minister
thinks fit.".(3) In section 24 of the Principal Act, for sub-sections
(6) and (7) substitute—
"(6) A licence remains in force until it is
cancelled or surrendered.
(7) The Minister—
(a) may cancel a licence for any just and reasonable cause stated in writing; and (b) must cancel a licence if the Minister is satisfied that the race-course in respect of which the licence is issued is no longer required by any club licensed under section 24A for the purpose of holding race-meetings.".
(4) In section 24(8) of the Principal Act, after paragraph (b) insert—
" ; or
(c)
the licence is no longer correct in its details.".
77. Racing-club licences
(1) In section 24A of the Principal Act, sub-section (5) is repealed.
(2) In section 24A of the Principal Act, for sub- section (7) substitute—
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 78
Act No. 73/1996
"(7) Subject to sub-section (8), a licence may be
subject to any conditions that the Minister
thinks fit.".
(3) In section 24A of the Principal Act, for sub-
sections (9) and (10) substitute—
"(9) A licence remains in force until it is
cancelled or surrendered.
(10) The Minister—
(a) may cancel a licence for any just and reasonable cause stated in writing; and (b) must cancel a licence if The Victoria Racing Club or the Harness Racing Board or the Greyhound Racing Control Board (as the case may be) notifies the Minister in writing that the licensee is no longer registered in accordance with the relevant rules referred to in sub- section (1).". (4) In section 24A(11) of the Principal Act, after paragraph (c) insert—
" ; or
(d)
the licence is no longer correct in its details.".
78. Race-course map
In section 25 of the Principal Act, omit "on such scale as is prescribed by the regulations and".
79. Insertion of new section 18
After section 14B of the Principal Act insert—
"18. Picnic race-meetings
(1) Despite anything to the contrary in this Part, a club may apply to the Minister for the issue of a permit authorising the club to hold
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 80
Act No. 73/1996
picnic race-meetings registered in accordance
with the rules of The Victoria Racing Club
on specified land 32 kilometres or more from
the General Post Office Melbourne on any
day permitted by this Act and approved by
The Victoria Racing Club.(2) The Minister may, after consultation with
The Victoria Racing Club, issue such a
permit, subject to any conditions that the
Minister thinks fit.
(3) A permit remains in force until it is cancelled
or surrendered.
(4) The Minister—
(a)
may cancel a permit for any just and reasonable cause stated in writing; and
(b)
must cancel a permit issued to a club if The Victoria Racing Club notifies the Minister in writing that the club has no picnic race-meetings registered in accordance with its rules.
(5) Without limiting sub-section (4), the
Minister may cancel a permit if the permit is no longer correct in its details.
(6) A picnic race-meeting authorised by a permit
under this section must be conducted under
the rules of The Victoria Racing Club.".
80. Amendment of section 19
In section 19 of the Principal Act—
(a) in sub-section (1)—
(i) omit "a picnic race-meeting (if the same is registered by and under the rules for the time being in force of The
Victoria Racing Club) or"; and
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 81
Act No. 73/1996
(ii) omit "meeting or";
(b)
in sub-section (2) omit "or picnic race- meeting" (wherever occurring).
81. Substitution of section 19A
For section 19A of the Principal Act substitute—
"19A. Restricted harness racing meetings
(1) Despite anything to the contrary in this Part, a club may apply to the Minister for the issue of a permit authorising the club to hold
restricted harness racing meetings approved in accordance with the rules of the Harness Racing Board on specified land 32
kilometres or more from the General Post
Office Melbourne on any day permitted by
this Act and approved by the Harness RacingBoard.
(2) The Minister may, after consultation with the
Harness Racing Board, issue such a permit, subject to any conditions that the Minister thinks fit.
(3) A permit remains in force until it is cancelled
or surrendered.
(4) The Minister—
(a)
may cancel a permit for any just and reasonable cause stated in writing; and
(b)
must cancel a permit issued to a club if the Harness Racing Board notifies the Minister in writing that the club has no restricted harness racing meetings approved in accordance with its rules.
(5) Without limiting sub-section (4), the
Minister may cancel a permit if the permit is no longer correct in its details.
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 82
Act No. 73/1996
(6) A restricted harness racing meeting
authorised by a permit under this section must be conducted under the rules of the Harness Racing Board.".
82. Substitution of section 20
For section 20 of the Principal Act substitute—
"20. Point-to-point steeplechases held by hunt
clubs
(1) Despite anything to the contrary in this Part, a hunt club may apply to the Minister for the issue of a permit authorising the hunt club to hold point-to-point steeplechase races
registered in accordance with the rules of on any day permitted by this Act and approved by The Victoria Racing Club.
(2) The Minister may, after consultation with
The Victoria Racing Club, issue such a
permit, subject to any conditions that the
Minister thinks fit.
(3) A permit remains in force until it is cancelled
or surrendered.
(4) The Minister—
(a)
may cancel a permit for any just and reasonable cause stated in writing; and
(b)
must cancel a permit issued to a hunt club if The Victoria Racing Club notifies the Minister in writing that the hunt club has no point-to-point steeplechase races registered in accordance with its rules.
(5) Without limiting sub-section (4), the
Minister may cancel a permit if the permit is no longer correct in its details.
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 83
Act No. 73/1996
(6) Point-to-point steeplechase races authorised
by a permit under this section must be
conducted under the rules of The Victoria
Racing Club.
(7) Nothing done or omitted to be done in
accordance with a permit shall be taken to be
an offence under this Part.
(8) Nothing in this section relieves a person
concerned in holding point-to-point
steeplechase races in accordance with a
permit from any civil liability which the
person has incurred by reason of having been
so concerned.".
83. Substitution of section 52A
For section 52A of the Principal Act substitute—
"52A. Plumpton coursing with mechanical quarry
(1) Despite anything to the contrary in this
Division, a club may apply to the Minister for the issue of a permit authorising the club to hold plumpton coursing matches conducted by the use of a mechanical quarry, being matches approved in accordance with the rules of the Greyhound Racing Control Board.
(2) The Minister may, after consultation with the Greyhound Racing Control Board, issue such a permit, subject to any conditions that the
Minister thinks fit.
(3) A permit remains in force until it is cancelled
or surrendered.
(4) The Minister—
(a)
may cancel a permit for any just and reasonable cause stated in writing; and
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 84
Act No. 73/1996
(b)
must cancel a permit issued to a club if the Greyhound Racing Control Board notifies the Minister in writing that the club has no plumpton coursing matches approved in accordance with its rules.
(5) Without limiting sub-section (4), the
Minister may cancel a permit if the permit is no longer correct in its details.
(6) Plumpton coursing matches authorised by a permit under this section must be conducted under the rules of the Greyhound Racing
Control Board.
(7) Plumpton coursing matches so permitted and conducted by the use of a mechanical quarry are deemed to be sports within the meaning of Division 4 of Part IV of the Lotteries
Gaming and Betting Act 1966.".
84. Substitution of section 52B
For section 52B of the Principal Act substitute—
"52B. Greyhound racing permits
(1) Despite anything to the contrary in this
Division, a club may apply to the Minister
for the issue of a permit authorising the club
to hold greyhound races approved in
accordance with the rules of the Greyhound
Racing Control Board on a specified ground
32 kilometres or more from the General Post
Office Melbourne.
(2) The Minister may, after consultation with the Greyhound Racing Control Board, issue such a permit, subject to any conditions that the
Minister thinks fit.
(3) A permit remains in force until it is cancelled or surrendered.
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 85
Act No. 73/1996
(4) The Minister—
(a)
may cancel a permit for any just and reasonable cause stated in writing; and
(b)
must cancel a permit issued to a club if the Greyhound Racing Control Board notifies the Minister in writing that the club has no greyhound races approved in accordance with its rules.
(5) Without limiting sub-section (4), the
Minister may cancel a permit if the permit is no longer correct in its details.
(6) Greyhound races authorised by a permit
under this section must be conducted under the rules of the Greyhound Racing Control Board.".
85. Harness races at agricultural shows
In section 22(a) of the Principal Act—
(a)
omit "approved for the purpose by the Minister"; and
(b) omit sub-paragraph (i).
86. Abolition of bookmakers' course agents
The Principal Act is amended as follows—
(a) in section 84—
(i) in the definition of "bookmaker", omit "but does not include a bookmaker's course agent";
(ii) omit the definition of "bookmaker's course agent";
(b)
clerk or bookmaker's course agent"
in section 85A, for "bookmaker, bookmaker's or bookmaker's clerk";
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 87
Act No. 73/1996
(c) section 87A is repealed;
(d) in section 88, omit "or bookmaker's course agent's certificate"; (e) in section 89, omit "or replacement (wherever occurring);
(f) bookmaker's clerk or bookmaker's course
in section 90(2), for "bookmaker bookmaker's clerk";
(g) in section 91—
(i) sub-section (3) is repealed;
(ii) in sub-section (4), for "bookmaker, bookmaker's clerk or bookmaker's course agent" substitute "bookmaker or
bookmaker's clerk";
(iii) sub-section (5) is repealed;
(h) clerk or bookmaker's course agent"
in section 92, for "bookmaker bookmaker's clerk";
(i) section 93A is repealed.
87. Bookmaker's clerks
In section 87 of the Principal Act, for sub-section
(4) substitute—"(4) The holder of a certificate of registration as a
bookmaker's clerk for the time being in force
may—
(a)
in the presence of the bookmaker by whom he or she is employed, write out and cancel any betting-ticket in respect of any bet made by the bookmaker; or
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 88
Act No. 73/1996
(b) subject to any conditions that the Committee thinks fit, carry on the business of the bookmaker by whom he or she is employed, if the bookmaker is at the same time carrying on business as a bookmaker on another part of the
same race-course or sports ground.".
88. Issue of club bookmaker's licences
(1) In section 84 of the Principal Act—
(a) in the definition of "club bookmaker's licence", after "permitted by" insert "The Victoria Racing Club or the Harness Racing Board or the Greyhound Racing Control Board or by"; and (b) in the definition of "racing club", after "harness racing" insert "or greyhound racing".
(2) In section 91(1)(b) of the Principal Act, after
"required by" insert "The Victoria Racing Club or
the Harness Racing Board or the Greyhound
Racing Control Board or by".
(3) In section 91 of the Principal Act, after sub- section (1) insert—
"(1A) If The Victoria Racing Club requires a bookmaker to hold a club bookmaker's licence for race-meetings for horse racing at
a race-course, then the bookmaker is not
required to obtain a club bookmaker's licence
from any other racing club in respect of those
race-meetings.(1B) If the Harness Racing Board requires a bookmaker to hold a club bookmaker's licence for race-meetings for harness racing
at a race-course, then the bookmaker is not
required to obtain a club bookmaker's licence
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 89
Act No. 73/1996
from any other racing club in respect of those
race-meetings.(1C) If the Greyhound Racing Control Board
requires a bookmaker to hold a club
bookmaker's licence for race-meetings for
greyhound racing at a race-course, then the
bookmaker is not required to obtain a club
bookmaker's licence from any other racing
club in respect of those race-meetings.".
89. Insertion of new section 91A
After section 91 of the Principal Act insert—
"91A. Controlling bodies may make rules
(1) For the purposes of section 91, the
Committee of The Victoria Racing Club may make rules for or with respect to—
(a) the issue of club bookmaker's licences by The Victoria Racing Club on payment of the fees fixed by the rules; and (b) fixing the terms and conditions of club bookmaker's licences issued by The Victoria Racing Club; and (c) excluding or removing from a race- bookmakers who are not so licensed.
(2) For the purposes of section 91 and without
limiting section 49, the Harness Racing to—
(a)
the issue of club bookmaker's licences by the Harness Racing Board on payment of the fees fixed by the rules; and
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 90
Act No. 73/1996
(b) fixing the terms and conditions of club bookmaker's licences issued by the Harness Racing Board; and (c) excluding or removing from a race- bookmakers who are not so licensed.
(3) For the purposes of section 91 and without limiting section 82, the Greyhound Racing Control Board may make rules for or with respect to—
(a) the issue of club bookmaker's licences by the Greyhound Racing Control Board on payment of the fees fixed by the rules; and (b) fixing the terms and conditions of club bookmaker's licences issued by the Greyhound Racing Control Board; and (c) excluding or removing from a race- bookmakers who are not so licensed.".
90. Statute law revision
(1) In section 43 of the Principal Act, for sub-section (5) substitute—
"(5) The Public Sector Management Act 1992 does not apply to a person appointed under this section in respect of the office to which the person is appointed.".
(2) In section 73 of the Principal Act, for sub-section (3) substitute—
"(3) The Public Sector Management Act 1992
(including Part 9) does not apply to the
executive director in respect of the office of
executive director.".
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 91
Act No. 73/1996
(3) In section 83H(1)(f) of the Principal Act, for "provisions of the Public Service Act 1974" substitute "Public Sector Management Act 1992 (including Part 9)".
(4) In section 83I(2)(f) of the Principal Act, for
"provisions of the Public Service Act 1974" substitute "Public Sector Management Act 1992 (including Part 9)".
(5) In section 83J(1) of the Principal Act, for "Public
Service Act 1974" substitute "Public Sector
Management Act 1992".
91. Transitional
(1) The Principal Act as amended by section 75 of this Act applies—
(a)
to a bond lodged after the commencement of section 75; and
(b)
in respect of a default made by a registered bookmaker or his or her approved substitute in the payment of a wager placed at a race- meeting or sports held after the commencement of section 75.
(2) A consent given under section 19 of the Principal
Act as in force immediately before the commencement of this sub-section to hold a picnic race-meeting after that commencement continues to have force and effect as if this Act had not been enacted.
(3) An authorisation given under section 19A of the Principal Act as in force immediately before the commencement of this sub-section to hold a
restricted harness racing meeting after that
commencement continues to have force and effect
as if this Act had not been enacted.
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 91
Act No. 73/1996
(4) A consent given under section 20 of the Principal Act as in force immediately before the commencement of this sub-section to hold point- to-point steeplechase races for horses after that commencement continues to have force and effect as if this Act had not been enacted.
(5) A licence in force under section 24 or 24A of the
Principal Act immediately before the
commencement of this sub-section is deemed to
be issued under section 24 or 24A, as the case may
be, of the Principal Act as amended by this Act.
(6) A permit issued under section 52A of the Principal Act as in force immediately before the commencement of this sub-section to hold plumpton coursing matches after that commencement continues to have force and effect as if this Act had not been enacted.
(7) A permit issued under section 52B of the Principal
Act as in force immediately before the commencement of this sub-section to hold greyhound races after that commencement continues to have force and effect as if this Act had not been enacted.
(8) All bets made and all betting-tickets issued by a
bookmaker's course agent in accordance with
section 87A of the Principal Act as in force
immediately before the commencement of this
sub-section continue to be valid and effectual for
all purposes as if this Act had not been enacted.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 92
Act No. 73/1996
PART 22—STAMPS ACT 1958
92. Bookmakers
No. 6375.
The Stamps Act 1958 is amended as follows—
Reprinted to No. 10/1996.
(a) in section 112—
(i) in the definition of "bookmaker", omit "but does not include a bookmaker's course agent";
(ii) omit the definition of "bookmaker's course agent's certificate";
(b)
in section 120(1A), omit "or has made on his behalf by a bookmaker's course agent".
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 93
Act No. 73/1996
PART 23—TEACHING SERVICE ACT 1981
93. Inquiries
No. 9714
In section 45 of the Teaching Service Act 1981,
Reprinted to
| No. 119/1993. | after sub-section (1) insert— |
| Subsequently | |
| amended by | "(1A) In considering on an inquiry under this |
| Nos 82/1994, | |
| 120/1994, | section the fitness of an officer to discharge |
| 42/1995 and | duties, consideration is not limited to his or |
| 22/1996. | |
| any other relevant matters including his or | |
| her physical fitness but may also be given to this section to fitness must be construed accordingly.". |
94. Transitional provision
The Teaching Service Act 1981, as amended by section 93 of this Act, applies in relation to inquiries under section 45 of that Act, whether the inquiry commenced before or after the commencement of Part 23 of this Act.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 95
Act No. 73/1996
PART 24—THE DECENTRALIZATION ADVISORY
COMMITTEE ACT 1964
95. Repeal
No. 7232 as
The The Decentralization Advisory Committee
amended by
Act 1964 is repealed. Nos 9567 and
45/1987.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 96
Act No. 73/1996
PART 25—TRANSPORT ACCIDENT ACT 1986
96. New section 110A inserted
No. 111/1986.
After section 110 of the Transport Accident Act
Reprinted to
| No. 42/1995 | 1986 insert— |
| and | |
| subsequently | "110A. Extension of operation of Regulations |
| amended by | |
| Nos 98/1995 | (1) Unless sooner revoked, the Transport Accident (Charges) Regulations 1986 are |
| and 100/1995. | |
| (2) Section 5 of the Subordinate Legislation Act 1994 does not apply to the Transport Accident (Charges) Regulations 1986.". |
97. Statute law revision
In the Transport Accident Act 1986—
(a)
in section 3(3)(c), for "a resulting" substitute "resulting";
(b)
in section 4(1C) for "Victorian" substitute "Victoria";
(c)
in section 41(1A)(a), after "accordance" insert "with";
(d)
in section 41B(1), for "transport" substitute "a transport";
(e)
in section 127(2) for "specified is" substitute "specified in".
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 98
Act No. 73/1996
PART 26—TREASURY CORPORATION OF VICTORIA ACT
1992
98. Repeal of section 14
No. 80/1992.
(1) Section 14 of the Treasury Corporation of Victoria Act 1992 is repealed.
Reprinted to
No. 100/1995. (2) In the Treasury Corporation of Victoria Act 1992—
(a)
in section 8(1)(f), omit "under" (where first occurring);
(b)
in section 10(4) for "directions" substitute "direction";
(c)
in section 10(5) for "of operations under section 37" substitute "under the Financial Management Act 1994".
99. Transitional provisions
(1) An indemnity given under section 14 of the
Treasury Corporation of Victoria Act 1992 before the commencement of this Act continues to have the same force and effect as it would have if that section has not been repealed.
(2) Sub-section (1) is in addition to and not in
derogation from, the provisions of the
Interpretation of Legislation Act 1984.
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 100
Act No. 73/1996
PART 27—VICTORIAN FUNDS MANAGEMENT
CORPORATION ACT 1994
100. New section 9A inserted
No. 61/1994
After section 9 of the Victorian Funds
as amended
| by No. | Management Corporation Act 1994 insert— |
| 100/1995. | |
| "9A. Appointment and powers as fund manager |
(1) Despite anything to the contrary in this or
any other Act or in any law, a participating
body—
(a) may appoint the Corporation to carry out, subject to the terms of the appointment, in respect of the funds of, or the assets of a fund administered by, the participating body, all or any of the functions and powers that the Corporation is authorised by this Act to carry out; and (b) paragraph (a), may authorise the
Corporation to delegate, in accordanceif it appoints the Corporation under another person any function or power that the Corporation, under the appointment, may carry out.
(2) If the Corporation is appointed by a
participating body under sub-section (1), the Corporation, in accordance with the terms of the appointment, may invest funds of, or
assets of a fund administered by, the
participating body in any manner in which
the participating body is authorised to investthose funds or assets.".
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
s. 101
Act No. 73/1996
PART 28—VICTORIAN MANAGED INSURANCE
AUTHORITY ACT 1996
101. Amendment of section 25
No. 11/1996.
In section 25(1) of the Victorian Managed
Insurance Authority Act 1996—
(a)
after "indemnity to" insert "a person who is or has been";
(b)
for "officer as such an officer" substitute "person as such an officer or former officer".
102. Statute law revision
In the Victorian Managed Insurance Authority
Act 1996—
(a)
in section 31(3), for "sub-section (3)" substitute "sub-section (2)";
(b)
in section 33, for "Corporation" (wherever occurring) substitute "Authority".
_______________
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
Sch. 1
Act No. 73/1996
SCHEDULE 1
PLAN OF DOCKLANDS AREA
═══════════════
Miscellaneous Acts (Further Omnibus Amendments) Act 1996
Notes
Act No. 73/1996
NOTES
†
Minister's second reading speech—
Legislative Assembly: 17 October 1996
Legislative Council: 19 November 1996
The long title for the Bill for this Act was "to amend the Agricultural
and Veterinary Chemicals (Control of Use) Act 1992, the Associations
Incorporation Act 1981, the Borrowing and Investment Powers Act
1987, the Casino Control Act 1991, the Crown Lands Acts
(Amendment) Act 1994, the Crown Land (Reserves) Act 1978, the
Docklands Authority Act 1991, the Ethnic Affairs Commission Act
1993, the Financial Management Act 1994, the Financial Management
(Consequential Amendments) Act 1994, the Land Conservation Act
1970, the Livestock Disease Control Act 1994, the Lotteries Gaming
and Betting Act 1966, the Magistrates' Court Act 1989, the
Melbourne and Olympic Parks Act 1985, the Miscellaneous Acts
(Health and Justice) Amendment Act 1995, the Police Regulation Act
1958, the Prostitution Control Act 1994, the Racing Act 1958, the
Stamps Act 1958, the Teaching Service Act 1981, the Transport
Accident Act 1986, the Treasury Corporation of Victoria Act 1992,
the Victorian Funds Management Corporation Act 1994 and the
Victorian Managed Insurance Authority Act 1996 and to repeal the
Decentralized Industry Incentive Payments Act 1972 and the The
Decentralization Advisory Committee Act 1964 and for other
purposes."
0
0
0