Untitled document

Miscellaneous Acts (Omnibus Amendments) Act

1996

Act No. 22/1996

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—CORRECTIONS ACT 1986 3

3.	Definition	3
4.	Authorisation of certain staff	3

PART 3—CRIMES ACT 1958 4

5.	Principal Act	4
6.	Search warrant	4
7.	Loitering near schools etc.	6
8.	Insertion of new section 70AA	6
70AA. Forfeiture	6
9.	Transitional	8

PART 4—EQUAL OPPORTUNITY ACT 1995 9

10.	Principal Act	9
11.	Amendment of the Principal Act	9
12.	Amendment of Schedule 2	9

PART 5—LEGAL AID ACT 1978 10

13.	Principal Act	10
14.	Insertion of definition	10
15.	Insertion of new section 40H	10
40H. Grant to trust fund	10

PART 6—OFFICE OF THE REGULATOR-GENERAL ACT 1994 12

16.	New section 7A inserted	12
7A. Office represents Crown	12

i

Section	Page
PART 7—PLANNING AND ENVIRONMENT ACT 1987	13

17. Panels 13

PART 8—PREVENTION OF CRUELTY TO ANIMALS ACT 1986 14

18. Amendment of section 18 14

PART 9—SENTENCING ACT 1991 15

19.	Principal Act	15
20.	Amendment of definition	15
21.	Transitional	15

PART 10—TEACHING SERVICE ACT 1981 16

22.	Principal Act	16
23.	Fixed term appointments	16
24.	Appointment of Assistant Principals	16
25.	Advanced skills teachers	16
26.	Transfer and promotion to be for a fixed term	16
27.	Statute law revision	16

PART 11—PARLIAMENTARY SALARIES AND

SUPERANNUATION ACT 1968 19

28.	Creation of new benefits scheme	19
Division 3—New benefits scheme	19
21A. Application of this Division	19
21B. Transfer entitlement	20
21C. Benefits	21
29.	Consequential	22
14A. Application of Division	23
30.	Definition of Third Party	23

═══════════════

NOTES 24

ii

Victoria

No. 22 of 1996

Miscellaneous Acts (Omnibus

Amendments) Act 1996†

[Assented to 2 July 1996]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to make amendments to
the Corrections Act 1986, the Crimes Act 1958, the
Equal Opportunity Act 1995, the Legal Aid Act
1978, the Office of the Regulator-General Act 1994,
the Parliamentary Salaries and Superannuation Act
1968, the Planning and Environment Act 1987, the

Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 s. 2

Prevention of Cruelty to Animals Act 1986, the
Sentencing Act 1991 and the Teaching Service Act

1981.

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.

(2) Part 8 is deemed to have come into operation on 9 April 1996.

(3) Section 12 is deemed to have come into operation on 13 June 1996.

(4) Section 24 comes into operation on 1 October

1996.

_______________
Miscellaneous Acts (Omnibus Amendments) Act 1996

s. 3 Act No. 22/1996

PART 2—CORRECTIONS ACT 1986

3. Definition

No. 117/1986.

Reprinted to	In section 3 of the Corrections Act 1986 before
No. 11/1995	the definition of "Governor" insert— '"function" includes duty;'.

4. Authorisation of certain staff

(1) For section 9A(1) of the Corrections Act 1986

substitute—

"(1) The Director-General may, by instrument,

authorise a contractor under Division 1 or 2
or a sub-contractor of that contractor or a
person employed by that contractor or
sub-contractor to exercise all or any of the
functions or powers under this Act or the
regulations or under any other Act or the

regulations under that Act of—

(a) the Director-General; or

(b)	an officer within the meaning of Part 5; or
(c)	an officer within the meaning of Part 9.".

(2) In section 9A(3) of the Corrections Act 1986

for "A person" substitute "A contractor or

sub-contractor or a person".

_______________
Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 s. 5

PART 3—CRIMES ACT 1958

5. Principal Act

No. 6231.	In this Part, the Crimes Act 1958 is called the
Reprinted to
No. 43/1994	Principal Act.
and S.R. No. 75/1987 and subsequently
amended by Nos 95/1994, 102/1994,
109/1994, 48/1995, 90/1995 and 98/1995.

6. Search warrant

(1) In section 465(1) of the Principal Act—

(a)	after "there is" (where secondly occurring) insert ", or will be within the next 72 hours,";
(b)	in paragraph (a) after "committed" insert "or is being or is likely to be committed within the next 72 hours".

(2) In section 465 of the Principal Act, after

sub-section (1) insert—

"(1A) This section applies to and in respect of an

offence against section 68 or 70 as if it were
an indictable offence.".

(3) In section 465 of the Principal Act, after

sub-section (4) insert—
"(5) Despite anything to the contrary in the

Drugs, Poisons and Controlled Substances Act 1981 and without limiting the circumstances in which a warrant may be issued under section 81 of that Act, a warrant

Miscellaneous Acts (Omnibus Amendments) Act 1996

s. 6 Act No. 22/1996

may be issued under that section if a
magistrate is satisfied by evidence on oath or
by affidavit of any member of the police
force of or above the rank of sergeant or for
the time being in charge of a police station
that there is reasonable ground for believing
that there is, or will be within the next 72

hours, on or in any land or premises—

(a)	any thing in respect of which an offence under that Act or the regulations made under that Act has been or is reasonably suspected to have been committed or is being or is likely to be committed within the next 72 hours; or
(b)	any thing which there is reasonable ground to believe will afford evidence of the commission of an offence under that Act or those regulations; or
(c)	relating to or concerning a transaction or dealing which is or would be, if carried out, an offence under that Act or

any document directly or indirectly of a law in force in a place outside Victoria corresponding to Part V of that Act—

and Schedule 10 to that Act has effect

accordingly."

(4) The Principal Act as amended by

sub-sections (1) and (3) applies only with
respect to applications for warrants made on
or after the commencement of this section
under section 465 of the Principal Act or
section 81 of the Drugs, Poisons and
Controlled Substances Act 1981.

Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 s. 7

7. Loitering near schools etc.

In section 60B(2)(a) of the Principal Act, for
sub-paragraph (iv) substitute—

"(iv) an offence against section 68, 69 or 70 or an

offence of attempting to commit an offence

against section 69; or

(v) an offence against—
(A) section 60A of the Classification of

Films and Publications Act 1990; or (B) section 168A, 168B or 168C of the

Police Offences Act 1958—

as in force at any time before its repeal;

and".

8. Insertion of new section 70AA

In Subdivision (13) of Division 1 of Part 1 of the

Principal Act, after section 70 insert—

"70AA. Forfeiture

(1) If a person is charged with an offence against section 68, 69 or 70 and the court is satisfied that the person committed the offence, the

court may order that the child pornography
in respect of which the offence was

committed is forfeited to the Crown.

(2) If, despite the acquittal of a person charged

with an offence against section 68, 69 or 70, the court is satisfied that an offence has been committed in respect of the child
pornography, the court may order that the

child pornography is forfeited to the Crown.

(3) If a film, photograph, publication or

computer game has been lawfully seized
under this Subdivision by a member of the
police force but at the expiration of 6 months

Miscellaneous Acts (Omnibus Amendments) Act 1996

s. 8 Act No. 22/1996

after the seizure no person has been charged with an offence in relation to the seized item, a member of the police force may apply to

the Magistrates' Court for an order that the film, photograph, publication or computer game is child pornography and is forfeited to

the Crown.

(4) The owner of a film, photograph, publication

seized by a member of the police force may
apply within 28 days after the seizure to the

or computer game that has been lawfully photograph, publication or computer game.

(5) An application under sub-section (4) may be

made after 28 days after the seizure if the applicant has a reasonable excuse for failing to make the application within the period referred to in sub-section (4).

(6) On an application under sub-section (4), if

the Magistrates' Court is satisfied that—

(a)	the applicant is the owner of the film, photograph, publication or computer game; and
(b)

the film, photograph, publication or pornography—

the Court must order that, at the expiration of
6 months, after the seizure, the film,
photograph, publication or computer game
be returned to the applicant unless the
applicant or another person has been charged
with an offence in relation to the film,
photograph, publication or computer game.

Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 s. 9

(7) Subject to sub-section (8), child pornography which is forfeited under this section may be destroyed or otherwise dealt with as directed by the Minister.

(8) The Minister must not direct the destruction

of child pornography before the expiration of
the time allowed for instituting an appeal
against the order or, if an appeal is lodged
within that time, before the determination of
the appeal.

(9) Nothing in this section limits the right of the Director of Public Prosecutions or any other person to apply for an order under the

Crimes (Confiscation of Profits) Act

1986.".

9. Transitional

(1) The Principal Act as amended by section 8 of this Act applies to any child pornography, film, photograph, publication or computer game seized, whether before or after the commencement of section 8.

(2) The expressions used in sub-section (1) have the same meaning as in section 67A of the Principal Act.

_______________
Miscellaneous Acts (Omnibus Amendments) Act 1996

s. 10 Act No. 22/1996

PART 4—EQUAL OPPORTUNITY ACT 1995

10. Principal Act

No. 42/1995

as amended	In this Part the Equal Opportunity Act 1995 is
by No.	called the Principal Act.
79/1995.

11. Amendment of the Principal Act

(1) In section 4 of the Principal Act—

(a)	in the definition of "employee" in paragraph (c) for "employed" substitute "engaged";
(b)	in the definition of "employer" in paragraph (b) for "employs" substitute "engages";
(c)

in the definition of "employment" in "engagement".

(2) In section 84 of the Principal Act omit "(1)".
(3) In Section 104 of the Principal Act—

(a) for "(3)" substitute "(2)"; (b) for "(4)" substitute "(3)"; (c) for "(5)" substitute "(4)".

12. Amendment of Schedule 2

For item 14.1 of Schedule 2 to the Principal Act
substitute—

'14.1 In Schedule 3—

(a) in item 4(1) paragraph (a) is repealed;

(b)

in item 4(3) for paragraph (b) "(b) he or she resigns—".'.

Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 s. 13

PART 5—LEGAL AID ACT 1978

13. Principal Act

No. 9245.

In this Part, the Legal Aid Act 1978 is called the	Reprinted to
Principal Act.	No. 61/1989 and subsequently amended by Nos 61/1989 (as amended by No. 48/1995), 38/1992, 14/1994, 31/1994 and 48/1995.

14. Insertion of definition

In section 40A of the Principal Act, after the
definition of "committee" insert—

'"funding agreement" means the Law Aid

Funding Agreement entered or to be entered of the Law Aid Scheme;'.

into by the Attorney-General, the Law
Institute of Victoria and the Victorian Bar

15. Insertion of new section 40H

After section 40G of the Principal Act insert—

"40H. Grant to trust fund

In accordance with the funding agreement, there shall be granted to the Law Institute of

Miscellaneous Acts (Omnibus Amendments) Act 1996
Act No. 22/1996

Victoria and the Victorian Bar Council an amount determined by the Attorney-General, to be applied in accordance with the funding agreement.".

_______________
Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 s. 16

PART 6—OFFICE OF THE REGULATOR-GENERAL ACT

1994

16. New section 7A inserted

No. 42/1994.

After section 7 of the Office of the Regulator-	Reprinted to
General Act 1994 insert—	No. 79/1995
"7A. Office represents Crown

The Office represents the Crown.".

_______________
Miscellaneous Acts (Omnibus Amendments) Act 1996

s. 17 Act No. 22/1996

PART 7—PLANNING AND ENVIRONMENT ACT 1987

17. Panels

No. 45/1987.

Reprinted to	(1) After section 156(2) of the Planning and
No. 93/1995.	Environment Act 1987 insert—

"(2A) If any member of a panel is a person

employed by or on behalf of the Crown, the relevant planning authority must pay to the Crown the amount fixed by the Minister in respect of the costs of remuneration and
expenses of that person for the period he or

she is a member of the panel.".

(2) For section 156(3) of the Planning and

Environment Act 1987 substitute—

"(3) A planning authority required to pay an

amount under sub-section (2) or (2A) may
ask any person who has requested the
amendment of the planning scheme to agree

to contribute to that amount.".

(3) In section 156(4) of the Planning and

Environment Act 1987 for "fees and allowances" substitute "amount required to be paid by the planning authority".

_______________
Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 s. 18

PART 8—PREVENTION OF CRUELTY TO ANIMALS ACT

1986

No. 46/1986.

18. Amendment of section 18 Reprinted to No. 40/1993

In section 18(1)(c) of the Prevention of Cruelty	and
to Animals Act 1986—	subsequently amended by
(a) for "a proper officer appointed under section 27 of the Dog Act 1970" substitute "an	Nos 52/1994, 65/1994,
115/1994 and
authorised officer under section 72 of the	77/1995.
Domestic (Feral and Nuisance) Animals Act 1994";
(b)	for "the proper officer" substitute "an authorised officer".

_______________
Miscellaneous Acts (Omnibus Amendments) Act 1996

s. 19 Act No. 22/1996

PART 9—SENTENCING ACT 1991

19. Principal Act

No. 49/1991.

Reprinted to	In this Part, the Sentencing Act 1991 is called the
No. 60/1993	Principal Act.
and subsequently amended by Nos 23/1994, 24/1994, 43/1994 , 109/1994, 36/1995 and 98/1995.

20. Amendment of definition

In section 3(1) of the Principal Act, in the
definition of "sexual offences", for paragraph

(a)(vii) substitute—

"(vii) section 47 (indecent act with child under the

age of 16);".

21. Transitional

(1) The Principal Act as amended by section 20 of

this Act applies to a proceeding for an offence that is commenced after the commencement of section 20, irrespective of when the offence was
committed.

(2) In sentencing an offender in such a proceeding, the amendment made by section 20 of this Act applies for the purposes of the definition of

"serious sexual offender" in section 3(1) of the
Principal Act, irrespective of when the conviction
for an offence against section 47 of the Crimes

Act 1958 was recorded.

_______________
Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 s. 22

PART 10—TEACHING SERVICE ACT 1981

22. Principal Act

No. 9714.

In this Part, the Teaching Service Act 1981 is	Reprinted to
called the Principal Act.	119/1993 and subsequently amended by Nos 82/1994, 120/1994 and 42/1995.

23. Fixed term appointments

In section 8A(1) of the Principal Act, omit "(other than an appointment to an office of teacher or member of the Principal Class)".

24. Appointment of Assistant Principals

(1) In section 61(1) of the Principal Act, for "member of the Principal Class" substitute "principal".

(2) Despite sub-section (1), if a vacancy in an office of Assistant Principal in a school was advertised before 1 October 1996, the school council or a

committee referred to in section 61(1) of the a recommendation to fill that vacancy.

25. Advanced skills teachers

Section 61A of the Principal Act is repealed.

26. Transfer and promotion to be for a fixed term

In section 62A(1) of the Principal Act, omit
"(other than an office of teacher or member of the

Principal Class)".

27. Statute law revision

In the Principal Act—

Miscellaneous Acts (Omnibus Amendments) Act 1996

s. 27 Act No. 22/1996

(a) in section 2—

(i) Board", "Technical and Further
Education Board", and "technical and
further education" and "technical and

the definitions of "State Training repealed;

(ii) "employé" and "officer", for "employé"

in the definitions of "classification", "employee";

(iii)  in the definition of "teachers", for "employés" substitute "employees";

(b)	in section 5(4), for "it is the interests" substitute "it is in the interests";
(c)	in section 12, omit "or the technical and further education teaching service";

(d) in section 13(1)—

(i)  omit "or the technical and further education teaching service";

(ii)  omit "or the General Manager of the State Training Board (as the case requires)";

(e) in section 13(2)—

(i) omit "or General Manager";

in section 27(1)(b), after "his or" insert "her"; omit "or the Technical and Further Board (as the case requires)";

(ii)

(f)

(g) in section 40(1), for "Director-General" substitute "Chief General Manager";

Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 s. 27

(h) in section 54, for "Public Service Board" substitute "Public Service Commissioner";

(i)  in section 64AG(2), omit "of School Education";

(j) in section 64A(2)(a), (3)(a) and (4), for "the the Director" substitute "the Director";

(k) in section 76—

(i) sub-section (1A) is repealed;
(ii) in sub-section (2), omit "or (1A)";

(iii) in sub-section (5) omit "or (1A)";

(l)	in sections 9(7), 34(1), 34(3), 36(1), 37(1), (2), (3), (5), (6), (10) and (11), 38, 39(1), (3), (4) and (5), 40, 41 and 42, for "employé" (wherever occurring) substitute "employee";
(m)	in sections 9(2) and (7) and 37(4) and (9), for "employés" (wherever occurring) substitute "employees";
(n)	in section 40(3), for "employés" substitute "employee's".

_______________
Miscellaneous Acts (Omnibus Amendments) Act 1996

s. 28 Act No. 22/1996

PART 11—PARLIAMENTARY SALARIES AND

SUPERANNUATION ACT 1968

28. Creation of new benefits scheme

After section 21 of the Parliamentary Salaries and Superannuation Act 1968 insert—

'Division 3—New benefits scheme

21A. Application of this Division

(1) This Division applies to—

(a)	a person who becomes a member of the Parliament after the commencement of section 28 of the Miscellaneous Acts
(Omnibus Amendments) Act 1996; and
(b)	a person who is a member of the Parliament as at the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 and who at any time elects by notice in writing served on the Parliamentary Trustee to be subject to the provisions of this Division.

(2) For the purposes of this Division, the

Division must be read as one with Part V of the Commonwealth Parliamentary Contributory Superannuation Act 1948 as in force as at the commencement of section 28 of the Miscellaneous Acts (Omnibus Amendments) Act 1996 but the provisions of this Act prevail over the provisions of that Part to the extent of any inconsistency.

(3) Subject to sub-section (4), unless

inconsistent with the context or subject-
matter, words and expressions defined in the

Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 s. 28

Commonwealth Parliamentary Contributory meaning for the purposes of this Division.

(4) For the purposes of this Division—

(a) determination as to the meaning of
"office", "office holder",
"parliamentary allowance", and
"salary" having regard to the meaning
of those terms in the Commonwealth
Parliamentary Contributory
Superannuation Act 1948 and the

the Parliamentary Trustee must make a Act;

(b) Commonwealth Parliamentary

a reference in Part V of the 1948—

(i)  to the "Trust" is to be construed as a reference to the "Parliamentary Trustee";

(ii) Representatives" is to be

to the "House" or the "House of "Assembly".

21B. Transfer entitlement

The Parliamentary Trustee must in respect of
each member who has made an election
under section 21A(1)(b) recognise the total
period of service (calculated in years,
months and days) during which the member
contributed to the Fund until the date of the
election.

Miscellaneous Acts (Omnibus Amendments) Act 1996

s. 28 Act No. 22/1996

21C. Benefits

(1) Subject to this section, the entitlement to

benefits of, or in respect of, a person to
whom this Division applies, is to be
determined in accordance with Part V of the
Commonwealth Parliamentary Contributory
Superannuation Act 1948 as in force as at the
commencement of section 28 of the
Miscellaneous Acts (Omnibus
Amendments) Act 1996.

(2) For the purposes of this Division, Part V of

the Commonwealth Parliamentary
Contributory Superannuation Act 1948
applies with the following modifications—

(a)	as if sections 14A, 15, 15A(5), 15B(9), 16(1A), 16(2), 16(3), 16(4), 17(3), 17(4), 17(5), 18(3), 19A, 20, 20A, 21, 21AA(5)(a), 21B and 22 were repealed;
(b)	as if in section 15A(1) for paragraphs (b), (c) and (d) there were substituted— "(b) immediately before retirement

from the Council or the Assembly not a candidate for election to the Council or the Assembly at the next ensuing election;";

by effluxion of time or the
dissolution of the Council or the
Assembly, was a member of the

(c) as if in section 15C(11)—

(i)

for "by the Commonwealth" there Consolidated Fund";

Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996	s. 29
(ii)	for "Consolidated Revenue Fund" there were substituted "Consolidated Fund";

(d) as if for section 18(2A) there were substituted—

"(2A) For the purposes of sub-section (1B) and paragraphs (2)(aa) and (2AA)(b), the term of office of a member of the Council is deemed

to have expired on the day on which the term of office of a member of the Assembly

expires.";

(e)	as if in section 18(9) "of a person who became entitled to a retiring allowance after 30 June 1980" were omitted;
(f)	as if in section 18B(1) "on or after 12 June 1978" were omitted;
(g)	as if in section 18B(3) for "Secretary to the Department of Finance" there were substituted "Parliamentary Trustee";
(h)	as if in section 18B(3) "(not exceeding 50%)" were omitted;

(i)  as if in section 19AB(2) "on or after 12 June 1978" were omitted.'.

29. Consequential

In the Parliamentary Salaries and

Superannuation Act 1968—

(a) before section 10 insert—

"Division 1—Preliminary";

(b) after section 14 insert—

Miscellaneous Acts (Omnibus Amendments) Act 1996

s. 30 Act No. 22/1996

"Division 2—Existing benefits scheme

14A. Application of Division

This Division does not apply to, or in respect of, a member to which Division 3 applies.";

(c) before section 22 insert—

"Division 4—General provisions".

30. Definition of Third Party

In section 3 of the Parliamentary Salaries and Superannuation Act 1968, in the definition of "third party" omit "of which party no person is a

responsible Minister of the Crown".

═══════════════
Miscellaneous Acts (Omnibus Amendments) Act 1996

Act No. 22/1996 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 30 May 1996

Legislative Council: 20 June 1996

The long title for the Bill for this Act was "to amend the Corrections Act 1986, the Crimes Act 1958, the Equal Opportunity Act 1995, the Legal Aid Act 1978, the Office of the Regulator-General Act 1994,

Parliamentary Salaries and Superannuation Act 1968, the Planning and Environment Act 1987, the Prevention of Cruelty to Animals Act 1986, the Sentencing Act 1991 and the Teaching Service Act 1981 and for other purposes."