Untitled document

Owner Drivers and Forestry Contractors Amendment Act 2017

No. 46 of 2017

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Principal Act

4Membership of the Transport Industry Council

5Membership of the Forestry Industry Council

6Repeal of amending Act

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Endnotes

1      General information

Owner Drivers and Forestry Contractors Amendment Act 2017

No. 46 of 2017

[Assented to 26 September 2017]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Owner Drivers and Forestry Contractors Act 2005 in relation to certain industry councils and their membership.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day to be proclaimed.

(2)If this Act does not come into operation before 1 March 2018, it comes into operation on that day.

3Principal Act

In this Act, the Owner Drivers and Forestry Contractors Act 2005 is called the Principal Act.

4Membership of the Transport Industry Council

(1)In section 56(2) of the Principal Act, for "section (1)(b) or (c)" substitute "subsection (1)(b) or (c) or (2A)".

(2)After section 56(2) of the Principal Act insert—

"(2A)If a nominating body referred to in subsection (1) ceases to exist, the Minister may—

(a)select an alternative body that, in the Minister's opinion, is suitably representative of the former nominating body; and

(b)call for a nomination from that alternative body; and

(c)appoint to the Transport Industry Council a person nominated by the alternative body in the place of a person nominated by the former body.

(2B)If the Minister appoints a person nominated by an alternative body under subsection (2A), the Minister, as soon as practicable after that appointment, must publish in the Government Gazette a notice setting out—

(a)the name of that alternative body; and

(b)the name of the former body that ceased to exist.

(2C)A notice published under subsection (2B) only needs to be published once in respect of a particular alternative body.

(2D)On the publication of a notice under subsection (2B), the alternative body specified in the notice is taken for the purposes of subsection (2A) to be a nominating body referred to in subsection (1).".

5Membership of the Forestry Industry Council

(1)In section 59(1) of the Principal Act—

(a)in paragraph (b), for "Department of Primary Industries" substitute "Department of Economic Development, Jobs, Transport and Resources";

(b)in paragraph (c)—

(i)in subparagraph (ii) , for "Australian Plantation Products and Paper Industry Council Ltd (A.C.N. 005 904 898)" substitute "Australian Forest Products Association Limited (ACN 008 621 510);

(c)in subparagraph (iv), for "Victorian Harvesting and Cartage Council" substitute "Australian Forest Contractors Association Limited (ACN 102 865 430)".

(2)In section 59(2) of the Principal Act, for "section (1)(b) or (c)" substitute
"subsection (1)(b) or (c) or (2A)".

(3)After section 59(2) of the Principal Act insert—

"(2A)If a nominating body referred to in subsection (1) ceases to exist, the Minister may—

(a)select an alternative body that, in the Minister's opinion, is suitably representative of the former nominating body; and

(b)call for a nomination from that alternative body; and

(c)appoint to the Forestry Industry Council a person nominated by the alternative body in the place of a person nominated by the former body.

(2B)If the Minister appoints a person nominated by an alternative body under subsection (2A), the Minister, as soon as practicable after that appointment, must publish in the Government Gazette a notice setting out—

(a)the name of that alternative body; and

(b)the name of the former body that ceased to exist.

(2C)A notice published under subsection (2B) only needs to be published once in respect of a particular alternative body.

(2D)On the publication of a notice under subsection (2B), the alternative body specified in the notice is taken for the purposes of subsection (2A) to be a nominating body referred to in subsection (1).".

6Repeal of amending Act

This Act is repealed on 1 September 2018.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 November 2016

Legislative Council: 7 February 2017

The long title for the Bill for this Act was "A Bill for an Act to amend the Owner Drivers and Forestry Contractors Act 2005 in relation to certain industry councils and their membership and for other purposes."