Untitled document
Statute Law Revision Act 2013
No. 70 of 2013
table of provisions
Section Page
1Purpose
2Commencement
3Amendment of Acts—General amendments
4Amendment of Acts—Administrative arrangements
5Amendment of Acts—Transitional and other provisions
6Repeal of spent Acts
7Repeal of amending Act
__________________
SCHEDULES
SCHEDULE 1—Amendment of Acts—General Amendments
1Assisted Reproductive Treatment Act 2008
2Associations Incorporation Reform Act 2012
3Building Act 1993
4Business Names (Commonwealth Powers) Act 2011
5Casino (Management Agreement) Act 1993
6Congestion Levy Act 2005
7Constitution (Appointments) Act 2009
8Co-operatives National Law Application Act 2013
9Corporations (Commonwealth Powers) Act 2001
10County Court Act 1958
11Courts (Case Transfer) Act 1991
12Crimes at Sea Act 1999
13Crimes (Controlled Operations) Act 2004
14Dental Hospital Land Act 2011
15Duties Act 2000
16Freedom of Information Act 1982
17Gambling Regulation Act 2003
18Gas and Fuel Corporation (Heatane Gas) Act 1993
19Geographic Place Names Act 1998
20Greenhouse Gas Geological Sequestration Act 2008
21Heavy Vehicle National Law Application Act 2013
22Housing Act 1983
23Independent Broad-based Anti-corruption Commission
Act 2011
24Integrity and Accountability Legislation Amendment
Act 201225Interpretation of Legislation Act 1984
26Liquor Control Reform Act 1998
27Magistrates' Court Act 1989
47Transitional provisions—Justice Legislation Amendment Act 2012
28Major Crime (Investigative Powers) Act 2004
29Major Sporting Events Act 2009
30Major Transport Projects Facilitation Act 2009
31Marine Safety Act 2010
32Medical Research Institutes Repeal Act 2008
33Melbourne Cricket Ground Act 2009
34Mineral Resources (Sustainable Development) Act 1990
35Mineral Resources (Sustainable Development) Amendment Act 2012
36Monetary Units Act 2004
37Motor Car Traders Act 1986
38Mutual Recognition (Victoria) Act 1998
39Offshore Petroleum and Greenhouse Gas Storage Act 2010
40Parliamentary Committees Act 2003
41Prohibition of Human Cloning for Reproduction Act 2008
42Property Law Act 1958
43Public Prosecutions Act 1994
44Rail Safety National Law Application Act 2013
45Rain-making Control Act 1967
46Research Involving Human Embryos Act 2008
47Resources Legislation Amendment (General) Act 2012
48Royal Botanic Gardens Act 1991
49Sentencing Act 1991
50Serious Sex Offenders (Detention and Supervision)
Act 200951Sheriff Act 2009
52State Bank (Succession of Commonwealth Bank) Act 1990
53State Employees Retirement Benefits Act 1979
54Summary Offences Act 1966
55Tourist and Heritage Railways Act 2010
56Transfer of Land Act 1958
57Victorian Commission for Gambling and Liquor
Regulation Act 201158Victorian Funds Management Corporation Act 1994
59Victorian Inspectorate Act 2011
60Victorian Institute of Forensic Medicine Act 1985
SCHEDULE 2—Amendment of Acts—Administrative
Arrangements1Accident Towing Services Act 2007
2Agent-General and Commissioners for Victoria Act 2007
3Agricultural Industry Development Act 1990
4Agricultural and Veterinary Chemicals (Control of Use)
Act 19925Broiler Chicken Industry Act 1978
6Bus Safety Act 2009
7Bus Services Act 1995
8Child Employment Act 2003
9Control of Genetically Modified Crops Act 2004
10Dairy Act 2000
11Domestic Animals Act 1994
12Drugs, Poisons and Controlled Substances Act 1981
13Duties Act 2000
14EastLink Project Act 2004
15Electricity Industry Act 2000
16Electricity Safety Act 1998
17Farm Debt Mediation Act 2011
18Fisheries Act 1995
19Flora and Fauna Guarantee Act 1988
20Forests Act 1958
21Geothermal Energy Resources Act 2005
22Graffiti Prevention Act 2007
23Greenhouse Gas Geological Sequestration Act 2008
24Impounding of Livestock Act 1994
25Land Conservation (Vehicle Control) Act 1972
26Livestock Disease Control Act 1994
27Livestock Management Act 2010
28Major Transport Projects Facilitation Act 2009
29Marine (Drug, Alcohol and Pollution Control) Act 1988
30Meat Industry Act 1993
31Melbourne City Link Act 1995
32Mineral Resources (Sustainable Development) Act 1990
33National Electricity (Victoria) Act 2005
34Petroleum Act 1998
35Pipelines Act 2005
36Planning and Environment Act 1987
37Plant Biosecurity Act 2010
38Port Management Act 1995
39Prevention of Cruelty to Animals Act 1986
40Rail Safety National Law Application Act 2013
41Regional Development Victoria Act 2002
42Regional Growth Fund Act 2011
43Road Management Act 2004
44Road Safety Act 1986
45Safety on Public Land Act 2004
46Shop Trading Reform Act 1996
47Small Business Commissioner Act 2003
48Stock (Seller Liability and Declarations) Act 1993
49Sustainable Forests (Timber) Act 2004
50Tourist and Heritage Railways Act 2010
51Transport Integration Act 2010
52Transport (Compliance and Miscellaneous) Act 1983
53Very Fast Train (Route Investigation) Act 1989
54Veterinary Practice Act 1997
55Victorian Industry Participation Policy Act 2003
56Water Act 1989
SCHEDULE 3—Amendment of Acts—Transitional and Other provisions
1Crimes Act 1958
585AATransitional provisions—(Crimes (Theft) Act 1973)
585ABTransitional provisions—(Crimes (Criminal
Damage) Act 1978)585ACTransitional provisions—(Crimes (Classification of Offences) Act 1981)
585ADTransitional provisions—(Crimes (Conspiracy and Incitement) Act 1984)
585AETransitional provisions—(Crimes (Custody and Investigation) Act 1988)
585AFTransitional provisions—(Crimes (Fingerprinting)
Act 1988)
2Credit (Administration) Act 1984
96Immunity against civil liability—Credit (Administration) (Amendment) Act 1993
SCHEDULE 4—Repeal of Acts
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Endnotes
Statute Law Revision Act 2013
No. 70 of 2013
[Assented to 19 November 2013]
The Parliament of Victoria enacts:
1Purpose
The purpose of this Act is to revise the statute law of Victoria.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on 1 December 2013.
(2)The following items in Schedule 1 are taken to have come into operation on the following dates—
(a)item 10 on 9 May 2012;
(b)item 24 on 9 February 2013;
(c)item 35 on 31 January 2013;
(d)item 47.1 on 30 November 2012;
(e)item 47.2 on 30 November 2012;
(f)item 57.2 on 5 February 2012;
(g)item 59 on 11 February 2013.
3Amendment of Acts—General amendments
On the commencement of an item in Schedule 1, the Act specified in the heading to that item is amended as set out in that item.
4Amendment of Acts—Administrative arrangements
On the commencement of an item in Schedule 2, the Act specified in the heading to that item is amended as set out in that item.
5Amendment of Acts—Transitional and other provisions
On the commencement of an item in Schedule 3, the Act specified in the heading to that item is amended as set out in that item.
6Repeal of spent Acts
The Acts listed in Schedule 4 (to the extent that they are not already repealed) are repealed.
7Repeal of amending Act
This Act is repealed on 1 December 2014.
Note
The repeal of this Act does not affect the repeals or the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
__________________
SCHEDULES
SCHEDULE 1
Section 3
Amendment of Acts—General Amendments
1Assisted Reproductive Treatment Act 2008
Part 16 is repealed.
2Associations Incorporation Reform Act 2012
Sections 224 and 225 are repealed.
3Building Act 1993
In section 221ZZZH(2), for "Commission" substitute "Authority".
4Business Names (Commonwealth Powers) Act 2011
Part 5 is repealed.
5Casino (Management Agreement) Act 1993
Parts 3 and 4 are repealed.
6Congestion Levy Act 2005
Part 7 is repealed.
7Constitution (Appointments) Act 2009
Section 7 is repealed.
8Co-operatives National Law Application Act 2013
In the note at the foot of section 32(1), for "Co‑operative" substitute "Co-operatives".
9Corporations (Commonwealth Powers) Act 2001
Section 10 is repealed.
10County Court Act 1958
For section 28(1) substitute—
"(1)There shall be payable on every civil proceeding in the court to the registrar or a deputy registrar of the court at or for the place where the proceeding is to be heard such fees as are prescribed; and the fees on every proceeding shall be paid in the first instance by the party on whose behalf such proceeding is to be had on or before such proceeding; and the fees upon execution or commitment, excluding fees payable to the bailiff, shall be paid into court before or at the time of the issue of the writ or other process.".
11Courts (Case Transfer) Act 1991
Parts 8 and 9 are repealed.
12Crimes at Sea Act 1999
Section 10 is repealed.
13Crimes (Controlled Operations) Act 2004
In section 45(1), for "IBAC" (where twice occurring) substitute "the IBAC".
14Dental Hospital Land Act 2011
Part 3 is repealed.
15Duties Act 2000
In section 3(1), the definition of linked entity (where secondly occurring) is repealed.
16Freedom of Information Act 1982
16.1In section 63D(4), for "31))" substitute "31)".
16.2In section 63D(6)(c), after "on behalf" insert "of".
17Gambling Regulation Act 2003
For the note at the foot of section 6A.3.8 substitute—
"Note
The licence is also subject to the condition specified in section 6A.3.9A.".
18Gas and Fuel Corporation (Heatane Gas) Act 1993
Section 21 is repealed.
19Geographic Place Names Act 1998
Sections 22, 23 and 24 are repealed.
20Greenhouse Gas Geological Sequestration Act 2008
Division 3 of Part 18 is repealed.
21Heavy Vehicle National Law Application Act 2013
In section 58, for "commencement day" substitute "the commencement day".
22Housing Act 1983
In clause 5(1) of Schedule 5, for "a infringement" substitute "an infringement".
23Independent Broad-based Anti-corruption Commission Act 2011
23.1In section 3(1), in paragraph (c) of the definition of detained person, for "2005;" substitute "2005; or".
23.2In section 59(3), after "under" insert "subsection".
23.3In section 66(1)(b), for "or a proposes" substitute "or proposes".
24Integrity and Accountability Legislation Amendment Act 2012
In section 27, for "After section 4" substitute "In section 4".
25Interpretation of Legislation Act 1984
In section 41(1)—
(a)in paragraph (a) omit "until";
(b)in paragraph (a)(i), for "a person" substitute "until a person".
26Liquor Control Reform Act 1998
26.1In section 6(c)(ii), for "person registered" substitute "a person registered".
26.2In section 35(1A), for "licence" substitute "licence.".
27Magistrates' Court Act 1989
27.1In Schedule 8, clause 47 is repealed.
27.2In Schedule 8, after clause 46 insert—
"47 Transitional provisions—Justice Legislation Amendment Act 2012
This Act as amended by section 7 of the Justice Legislation Amendment Act 2012 applies to any proceeding in the Assessment and Referral Court List, irrespective of whether the offence to which the proceeding relates was alleged to have been committed before, on or after the commencement of that section.".
28Major Crime (Investigative Powers) Act 2004
28.1In section 3D(3)(b), for 'application." ' substitute "application".
28.2In section 10(3A), for "subsection (4)" substitute "subsection (4).".
28.3In the note at the foot of section 51, for "11(2)(g) and (h)" substitute "section 11(2)(g) and (h)".
29Major Sporting Events Act 2009
In section 91(3)(a)—
(a)for "sections, 66(1)" substitute "sections 66(1)";
(b)for "74A 85(1)" substitute "74A, 85(1)".
30Major Transport Projects Facilitation Act 2009
Section 264 and Schedule 2 are repealed.
31Marine Safety Act 2010
Chapter 10 is repealed.
32Medical Research Institutes Repeal Act 2008
Part 4 is repealed.
33Melbourne Cricket Ground Act 2009
Section 36 is repealed.
34Mineral Resources (Sustainable Development) Act 1990
Section 126(1), (2), (3) and (5) are repealed.
35Mineral Resources (Sustainable Development) Amendment Act 2012
For section 6(1) substitute—
'(1)Insert the following heading to section 110 of the Principal Act—
"Notice requiring authority holder to take action or stop work".'.
36Monetary Units Act 2004
Sections 13, 14, 15 and 16 and Schedules 1 and 2 are repealed.
37Motor Car Traders Act 1986
In section 76(4)(a), for "Commonwealth." substitute "Commonwealth".
38Mutual Recognition (Victoria) Act 1998
Part 3 is repealed.
39Offshore Petroleum and Greenhouse Gas Storage Act 2010
39.1In the table in section 16—
(a)in item 9, for "expired—" substitute "expired";
(b)in item 10, for "expired—" substitute "expired";
(c)in item 16, for "expired—" substitute "expired".
39.2Section 800 and Schedule 6 are repealed.
39.3In clause 3 of Schedule 3, in the definition of reviewing authority, for "the Fair Work Australia" substitute "Fair Work Australia".
40Parliamentary Committees Act 2003
In section 3, in the definition of sub-committee, for "Committee." substitute "Committee;".
41Prohibition of Human Cloning for Reproduction Act 2008
Division 2 of Part 5 is repealed.
42Property Law Act 1958
42.1After section 160 the heading "Perpetuities" is repealed.
42.2After section 163 the heading "Accumulations" is repealed.
42.3In the Fifth Schedule, for "19" substitute "20".
42.4In the Sixth Schedule, for "19" substitute "20".
42.5In the Seventh Schedule, for "19" (wherever occurring) substitute "20".
42.6In the Eighth Schedule, for "19" (wherever occurring) substitute "20".
42.7In the Ninth Schedule, for "A.D. 19" substitute "20".
43Public Prosecutions Act 1994
In section 45F(1), for "as soon practicable" substitute "as soon as practicable".
44Rail Safety National Law Application Act 2013
44.1In section 114(1), for "pursuant section 111(1)" substitute "pursuant to section 111(1)".
44.2In section 114(2), for "pursuant section 111(2)" substitute "pursuant to section 111(2)".
44.3In section 126(3), for "to be to be" substitute "to be".
44.4In section 137(1)(a), for "to accredited" substitute "to be accredited".
45Rain-making Control Act 1967
In section 5(3), for "forwarded to Minister" substitute "forwarded to the Minister".
46Research Involving Human Embryos Act 2008
Division 2 of Part 6 is repealed.
47Resources Legislation Amendment (General) Act 2012
47.1In section 16, for "or mining licence" substitute "or a mining licence".
47.2In section 38(2), for "or holder" substitute "or a holder".
48Royal Botanic Gardens Act 1991
Division 1 of Part 5 is repealed.
49Sentencing Act 1991
In section 10A(1)(d), for "autism" substitute "an autism".
50Serious Sex Offenders (Detention and Supervision) Act 2009
Divisions 2 and 3 of Part 15 and Schedule 3 are repealed.
51Sheriff Act 2009
Divisions 1, 2, 3 and 4 of Part 6 are repealed.
52State Bank (Succession of Commonwealth Bank) Act 1990
Section 40 is repealed.
53State Employees Retirement Benefits Act 1979
Section 37(2) is repealed.
54Summary Offences Act 1966
After section 11 repeal the following heading—
"False Alarms of Fire".
55Tourist and Heritage Railways Act 2010
Section 32 is repealed.
56Transfer of Land Act 1958
In section 4(1)—
(a)the definition of service company is repealed;
(b)insert the following definition—
"service company, in respect of a building subdivision, means a company or other body corporate which was or is formed or incorporated or which operates or is intended to operate for the purpose of carrying out the common purposes of the proprietors of the several stratum estates in the subdivision including, without limiting the generality of the foregoing, the provision of common services, the maintenance repair and insurance against fire of the building or buildings as a whole and the control and maintenance of the residual land but does not include an owners corporation within the meaning of the Owners Corporations Act 2006;".
57Victorian Commission for Gambling and Liquor Regulation Act 2011
57.1Parts 7, 8 and 9 are repealed.
57.2In item 4.99 of the Schedule, for "Insert the following heading to Division 7 of Part 2" substitute "For the heading to Division 7 of Part 2 substitute".
58Victorian Funds Management Corporation Act 1994
Part 6 is repealed.
59Victorian Inspectorate Act 2011
In item 7(4) of the Schedule, for "82S" substitute "134".
60Victorian Institute of Forensic Medicine Act 1985
In section 66(1)(m), for "the Coroners Act 2008" substitute "of the Coroners Act 2008".
__________________
SCHEDULE 2
Section 4
Amendment of Acts—Administrative Arrangements
1Accident Towing Services Act 2007
1.1In section 3(1), in the definition of Department, for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".
1.2In section 3(5), for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".
2Agent-General and Commissioners for Victoria Act 2007
2.1In section 3, in the definition of Secretary, for "Department of Innovation, Industry and Regional Development" substitute "Department of State Development, Business and Innovation".
2.2In section 10(2), for "Department of Innovation, Industry and Regional Development" substitute "Department of State Development, Business and Innovation".
2.3In section 13(2), for "Department of Innovation, Industry and Regional Development" substitute "Department of State Development, Business and Innovation".
3Agricultural Industry Development Act 1990
In section 3, in the definition of Department Head, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
4Agricultural and Veterinary Chemicals (Control of Use) Act 1992
4.1In section 4(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
4.2In section 4(6), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
5Broiler Chicken Industry Act 1978
5.1In section 2, in the definition of Department Head, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
5.2In section 5, for "Department of Primary Industries" (where twice occurring) substitute "Department of Environment and Primary Industries".
6Bus Safety Act 2009
In section 3(1), in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
7Bus Services Act 1995
In section 3(1), in the definition of Secretary, for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".
8Child Employment Act 2003
8.1In section 3, in the definition of Department, for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".
8.2In section 19A(2)(o), for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".
9Control of Genetically Modified Crops Act 2004
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
10Dairy Act 2000
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
11Domestic Animals Act 1994
11.1In section 3(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
11.2In section 3(2), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
12Drugs, Poisons and Controlled Substances Act 1981
In section 61(1), in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
13Duties Act 2000
In section 47A(1)(b), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
14EastLink Project Act 2004
14.1In section 3(1)—
(a)in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure";
(b)the definition of Secretary to the Department of Sustainability and Environment is repealed;
(c)insert the following definition—
"Secretary to the Department of Environment and Primary Industries means the Department Head of the Department of Environment and Primary Industries".
14.2In section 40(1), for "Secretary to the Department of Sustainability and Environment" substitute "Secretary to the Department of Environment and Primary Industries".
14.3In section 221, for "Department of Infrastructure" (where twice occurring) substitute "Department of Transport, Planning and Local Infrastructure".
15Electricity Industry Act 2000
15.1In section 40FJ(3), for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
15.2In section 40NC(2), for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
16Electricity Safety Act 1998
In section 87(5)(e), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
17Farm Debt Mediation Act 2011
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
18Fisheries Act 1995
18.1In section 4(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
18.2In section 4(1), in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
19Flora and Fauna Guarantee Act 1988
19.1In section 3(1), in the definition of Department, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
19.2In section 3(3), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
20Forests Act 1958
20.1In section 3(1), in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
20.2In section 3A(2)(b), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
20.3In section 61A, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
20.4In section 61B, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
20.5In section 61C, for "Department of Sustainability and Environment" (where twice occurring) substitute "Department of Environment and Primary Industries".
21Geothermal Energy Resources Act 2005
In section 4(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
22Graffiti Prevention Act 2007
In section 25(2A)(a), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
23Greenhouse Gas Geological Sequestration Act 2008
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
24Impounding of Livestock Act 1994
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
25Land Conservation (Vehicle Control) Act 1972
In section 5(3), for "Department of Natural Resources and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
26Livestock Disease Control Act 1994
26.1In section 3(1), in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
26.2In section 3(2), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
26.3In section 87(3)(b), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
26.4In section 102(2), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
26.5In section 107B(4A)(a), for "Department of Primary Industries or the Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
26.6In section 107B(4A)(c), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
27Livestock Management Act 2010
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
28Major Transport Projects Facilitation Act 2009
In section 3, in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
29Marine (Drug, Alcohol and Pollution Control) Act 1988
In section 3(1), in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
30Meat Industry Act 1993
30.1In section 3(1), in the definition of chief veterinary officer, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
30.2In section 3(1), in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
30.3In section 3(1A), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
30.4In section 30(6), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
31Melbourne City Link Act 1995
31.1In section 3, in the definition of Central Plan Office, for "Department of Natural Resources and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
31.2In section 89, for "Department of Infrastructure" (where twice occurring) substitute "Department of Transport, Planning and Local Infrastructure".
31.3In section 93AA, in the definition of Secretary, for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".
32Mineral Resources (Sustainable Development) Act 1990
32.1In section 4(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
32.2In section 4(2), for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
32.3In Schedule 3, in clause 6, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
33National Electricity (Victoria) Act 2005
In section 13, in the definition of relevant entity, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
34Petroleum Act 1998
In section 4, in the definition of Department, for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
35Pipelines Act 2005
In section 5, in the definition of Department, for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
36Planning and Environment Act 1987
36.1In section 3(1), in the definition of Department, for "Department of Planning and Community Development" substitute "Department of Transport, Planning and Local Infrastructure".
36.2In section 3(2), for "Department of Planning and Community Development" substitute "Department of Transport, Planning and Local Infrastructure".
36.3In section 46ZB(1), for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
36.4In section 201R—
(a)in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure";
(b)the definition of Secretary to the Department of Transport is repealed;
(c)insert the following definition—
"Secretary to the Department of Transport, Planning and Local Infrastructure means the Secretary within the meaning of section 3 of the Transport Integration Act 2010;".
36.5In section 201TC(1)(b), for "Department of Transport" (wherever occurring) substitute "Department of Transport, Planning and Local Infrastructure".
36.6In section 201TF(6), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
37Plant Biosecurity Act 2010
37.1In section 3(1), in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
37.2In section 140, for "Department of Primary Industries" (where twice occurring) substitute "Department of Environment and Primary Industries".
38Port Management Act 1995
38.1In section 3(1), in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
38.2In section 3(1), in the definition of Secretary, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
38.3In section 5(7), for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
38.4In section 93, for "Secretary to the Department of Natural Resources and Environment" (wherever occurring) substitute "Secretary to the Department of Environment and Primary Industries".
39Prevention of Cruelty to Animals Act 1986
39.1In section 3(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
39.2In section 3(2), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
40Rail Safety National Law Application Act 2013
40.1In section 3(1), in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
40.2In section 155(2), in paragraph (d) of the definition of Regional Rail Link entity, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
41Regional Development Victoria Act 2002
In section 7(4), for "Secretary of the Department of Planning and Community Development" substitute "Secretary to the Department of State Development, Business and Innovation".
42Regional Growth Fund Act 2011
In section 3(1), in the definition of Secretary, for "Department of Planning and Community Development" substitute "Department of State Development, Business and Innovation".
43Road Management Act 2004
43.1In section 14(6), for "Secretary to the Department of Sustainability and Environment" substitute "Secretary to the Department of Environment and Primary Industries".
43.2In section 31(2)(n), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
43.3In section 48H, in the definition of Secretary, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
43.4In clause 1 of Schedule 5A, in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
43.5In clause 15(2)(d) of Schedule 5A, for "Secretary to the Department of Sustainability and Environment" substitute "Secretary to the Department of Environment and Primary Industries".
44Road Safety Act 1986
44.1In section 3(1), in the definition of Secretary, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
44.2In section 13(6)(b), for "Department of Transport" (where twice occurring) substitute "Department of Transport, Planning and Local Infrastructure".
44.3In section 16(2)(b), for "Department of Transport" (where twice occurring) substitute "Department of Transport, Planning and Local Infrastructure".
44.4In section 33(1), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
44.5In section 53—
(a)in subsection (2), for "Department of Transport" (where first occurring) substitute "Department of Transport, Planning and Local Infrastructure";
(b)in subsection (2), for "Secretary of the Department of Transport" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure";
(c)in subsection (3), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
44.6In section 55(1)—
(a)for "Department of Transport" (where first, second, third and fourth occurring) substitute "Department of Transport, Planning and Local Infrastructure";
(b)for "Secretary of the Department of Transport" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".
44.7In section 55D(2), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
44.8In section 55E, for "Department of Transport" (wherever occurring) substitute "Department of Transport, Planning and Local Infrastructure".
44.9In section 59—
(a)in subsection (1)(a)(i), for "Department of Transport" (where first occurring) substitute "Department of Transport, Planning and Local Infrastructure";
(b)in subsection (1)(a)(i), for "Secretary of the Department of Transport" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure";
(c)in subsection (4)(b)(i), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
44.10In section 74(2)—
(a)for "Department of Transport" (where first occurring) substitute "Department of Transport, Planning and Local Infrastructure";
(b)for "Secretary of the Department of Transport" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".
44.11In section 77, for "Department of Transport" (wherever occurring) substitute "Department of Transport, Planning and Local Infrastructure".
44.12In section 84, for "Department of Transport" (wherever occurring) substitute "Department of Transport, Planning and Local Infrastructure".
44.13In section 112(1), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
45Safety on Public Land Act 2004
In section 7(1C)(a), for "Department of Sustainability and Environment" (where twice occurring) substitute "Department of Environment and Primary Industries".
46Shop Trading Reform Act 1996
In section 3(1), in the definition of Secretary, for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".
47Small Business Commissioner Act 2003
In section 5, for "Secretary to the Department of Business and Innovation" (where twice occurring) substitute "Secretary to the Department of State Development, Business and Innovation".
48Stock (Seller Liability and Declarations) Act 1993
In section 3(1), in the definition of Secretary and Secretary of the Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
49Sustainable Forests (Timber) Act 2004
49.1In section 49(1), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
49.2In section 64(2), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
50Tourist and Heritage Railways Act 2010
In section 3, in paragraph (b) of the definition of State entity, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
51Transport Integration Act 2010
51.1In section 3, in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
51.2In section 35, for "Secretary to the Department of Transport" (wherever occurring) substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".
52Transport (Compliance and Miscellaneous) Act 1983
52.1In section 2(1), in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
52.2In section 2(3) for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
53Very Fast Train (Route Investigation) Act 1989
53.1In section 7(3)(b), for "Secretary to the Department of Infrastructure" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".
53.2In section 12(1), for "Secretary to the Department of Infrastructure" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".
53.3In section 21(a), for "Secretary to the Department of Infrastructure" substitute "Secretary to the Department of Transport, Planning and Local Infrastructure".
54Veterinary Practice Act 1997
In section 3, in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
55Victorian Industry Participation Policy Act 2003
55.1In section 3(1), in the definition of Department, for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".
55.2In section 3(2), for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".
56Water Act 1989
56.1In section 3(1), in the definition of central plan office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
56.2In section 3(1), in the definition of Department, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
56.3In section 3(1A), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
__________________
SCHEDULE 3
Section 5
Amendment of Acts—Transitional and Other provisions
1Crimes Act 1958
After section 585 insert—
'585AA Transitional provisions—(Crimes (Theft) Act 1973)
(1)Section 3(1) of the Crimes (Theft) Act 1973 continues in effect despite its repeal.
Note
Section 3(1) of the Crimes (Theft) Act 1973 abolished the common law offences of larceny, robbery, burglary, receiving stolen property, obtaining property by threats, extortion by colour of office or franchise, false accounting by public officers, concealment of treasure trove, and except in regard to offences relating to public revenue, cheating, for all purposes not related to offences committed before the commencement of the 1973 Act.
(2)Except as regards offences committed before the commencement of the Crimes (Theft) Act 1973 and except insofar as the context otherwise requires—
(a)references in any enactment passed before the commencement of the Crimes (Theft) Act 1973 to an offence abolished by that 1973 Act shall, subject to any express amendment or repeal made by that 1973 Act, have effect as references to the corresponding offence under Division 2 of Part I of this Act and in any such enactment the expression "receive" (when it relates to an offence of receiving) shall mean handle, and "receiver" shall be construed accordingly; and
(b)without prejudice to paragraph (a), references in any enactment, whenever passed, to theft or stealing (including references to stolen goods), and references to robbery, blackmail, burglary, aggravated burglary or handling stolen goods shall be construed in accordance with the provisions of Division 2 of Part I of this Act.
(3)Division 2 of Part I of this Act as re-enacted by the Crimes (Theft) Act 1973, shall, save as otherwise provided by that 1973 Act, have effect only in relation to offences wholly or partly committed on or after the commencement of that 1973 Act.
(4)The re-enactment by this section of sections 3(2) and 4 of the Crimes (Theft) Act 1973 does not affect the operation of any Act enacted after that 1973 Act.
585ABTransitional provisions—(Crimes (Criminal Damage) Act 1978)
(1)The provisions of this Act as in force immediately before the commencement of the Crimes (Criminal Damage) Act 1978 shall apply to and with respect to offences against this Act as so in force committed or alleged to have been committed before the commencement of that 1978 Act.
(2)The provisions of this Act as amended by the Crimes (Criminal Damage) Act 1978 shall apply to and with respect to offences against this Act as so amended committed or alleged to have been committed on or after the commencement of that 1978 Act.
(3)Section 3 of the Crimes (Criminal Damage) Act 1978 continues in effect despite its repeal.
Note
Section 3 of the Crimes (Criminal Damage) Act 1978 abolished the common law offence of arson for all purposes not related to offences committed before the commencement of that 1978 Act.
(4)The re-enactment by this section of section 1(4) and (5) of the Crimes (Criminal Damage) Act 1978 does not affect the operation of any Act enacted after that 1978 Act.
585ACTransitional provisions—(Crimes (Classification of Offences) Act 1981)
(1)Notwithstanding section 3A(1) of this Act as amended by the Crimes (Classification of Offences) Act 1981, the provisions of that subsection shall apply only in relation to acts of violence occurring after the commencement of the Crimes (Classification of Offences) Act 1981.
(2)Notwithstanding sections 3A(2) and 322D of this Act as amended by the Crimes (Classification of Offences) Act 1981, the felony-murder rule referred to in section 3A(2) shall continue to have full force and effect in relation to acts of violence which occurred before the commencement of the Crimes (Classification of Offences) Act 1981.
(3)Section 9 of the Crimes (Classification of Offences) Act 1981 continues in effect despite its repeal.
Note
Section 9 of the Crimes (Classification of Offences) Act 1981 abolished any power to bring proceedings for an indictable offence by criminal information in the Supreme Court or in the County Court.
(4)The re-enactment by this section of section 3(2) and (3) of the Crimes (Classification of Offences) Act 1981 does not affect the operation of any Act enacted after that 1981 Act.
585ADTransitional provisions—(Crimes (Conspiracy and Incitement) Act 1984)
(1)The abolition of the offence of conspiracy at common law effected by section 321F of this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall not affect—
(a)any proceedings commenced before the commencement of the Crimes (Conspiracy and Incitement) Act 1984; or
(b)any proceedings commenced after the commencement of the Crimes (Conspiracy and Incitement) Act 1984 in respect of an agreement which is alleged to have been made at a time prior to the commencement of that 1984 Act.
(2)The abolition of the offence of incitement at common law effected by section 321L of this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall not affect—
(a)any proceedings commenced before the commencement of the Crimes (Conspiracy and Incitement) Act 1984; or
(b)any proceedings commenced after the commencement of the Crimes (Conspiracy and Incitement) Act 1984 in respect of an offence of incitement alleged to have been committed at a time prior to the commencement of that 1984 Act.
(3)Subject to subsections (1) and (2), this Act as amended by the Crimes (Conspiracy and Incitement) Act 1984 shall apply to acts done before as well as to acts done after the commencement of that 1984 Act.
(4)The re-enactment by this section of sections 4, 5 and 6 of the Crimes (Conspiracy and Incitement) Act 1984 does not affect the operation of any Act enacted after that 1984 Act.
585AETransitional provisions—(Crimes (Custody and Investigation) Act 1988)
(1)This Act as amended by sections 4 and 5 of the Crimes (Custody and Investigation) Act 1988 applies to—
(a)persons taken into custody; or
(b)persons questioned; or
(c)persons in respect of whom an application is made under section 464B(1) to a court—
in a proclaimed region after the commencement of the Crimes (Custody and Investigation) Act 1988.
Note
The whole of Victoria was proclaimed to be a proclaimed region on the same day that the Crimes (Custody and Investigation) Act 1988 commenced.
(2)The re-enactment by this section of section 6(2) of the Crimes (Custody and Investigation) Act 1988 does not affect the operation of any Act enacted after that 1988 Act.
585AFTransitional provisions—(Crimes (Fingerprinting) Act 1988)
(1)This Act as amended by a section of the Crimes (Fingerprinting) Act 1988 or section 11, 12, 13 or 14 of the Crimes Legislation (Miscellaneous Amendments) Act 1989 applies only with respect to fingerprints taken after the commencement of section 9 of the Crimes (Fingerprinting) Act 1988.
(2)The re-enactment by this section of section 9 of the Crimes (Fingerprinting) Act 1988 does not affect the operation of any Act enacted after that 1988 Act.'.
2Credit (Administration) Act 1984
After section 95 insert—
"96 Immunity against civil liability—Credit (Administration) (Amendment) Act 1993
Despite the repeal of the Credit (Administration) (Amendment) Act 1993 by the Statute Law Revision Act 2013, section 17 of that 1993 Act continues to apply as if that 1993 Act had not been repealed.".
__________________
SCHEDULE 4
Section 6
Repeal of Acts
| Act No. | Title of Act |
| 1942 | |
| 4885 | The Limbless Soldiers Trust Act 1942 |
| 1964 | |
| 7115 | R.S.L. Widows and Widowed Mothers' Trust Patriotic Fund Act 1964 |
| 1973 | |
| 8425 | Crimes (Theft) Act 1973 |
| 1978 | |
| 9228 | Crimes (Criminal Damage) Act 1978 |
| 1980 | |
| 9424 | Post-Secondary Education (Amendment) Act 1980 |
| 1981 | |
| 9576 | Crimes (Classification of Offences) Act 1981 |
| 1984 | |
| 10079 | Crimes (Conspiracy and Incitement) Act 1984 |
| 10165 | Chinatown Historic Precinct Act 1984 |
| 1986 | |
| 51/1986 | Road Construction Authority (Lands) Act 1986 |
| 1988 | |
| 37/1988 | Crimes (Custody and Investigation) Act 1988 |
| 38/1988 | Crimes (Fingerprinting) Act 1988 |
| 1990 | |
| 38/1990 | Footscray Land (Amendment) Act 1990 |
| 1993 | |
| 72/1993 | Credit (Administration) (Amendment) Act 1993 |
| 1994 | |
| 92/1994 | Victorian Plantations Corporation (Amendment) Act 1994 |
| 1997 | |
| 97/1997 | Epworth Hospital (Amendment) Act 1997 |
| 2004 | |
| 64/2004 | National Parks (Additions and Other Amendments) Act 2004 |
| 2007 | |
| 41/2007 | Parliamentary Salaries and Superannuation Amendment Act 2007 |
| 2009 | |
| 31/2009 | Appropriation (2009/2010) Act 2009 |
| 32/2009 | Appropriation (Parliament 2009/2010) Act 2009 |
| 2011 | |
| 39/2011 | Domestic Animals Amendment (Restricted Breeds) Act 2011 |
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Endnotes
Minister's second reading speech—
Legislative Assembly: 4 September 2013
Legislative Council: 31 October 2013
The long title for the Bill for this Act was "A Bill for an Act to revise the statute law of Victoria."
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