Untitled document
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
No. 38 of 2017
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Juries amendments
3Definitions
4Empanelment of additional jurors
5Jury pools
6New section 30A inserted
7Calling of panel
8Procedure for selecting jury in civil trials
9Peremptory challenges in civil trials
10Procedure for selecting jury in criminal trials
11Crown right to stand aside jurors in criminal trials
12Peremptory challenges in criminal trials
13Offences by officials
14Schedule 6 amended
Part 3—Appeals amendments
Division 1—Appeal costs
15Certificate entitles respondent to payment of costs
16Appellant may request direct payment in certain circumstances
17Application by successful appellant for grant of indemnity certificate in certain circumstances
18Appellant ordered to pay costs of new trial entitled to be indemnified
19Respondent may request direct payment in certain circumstances
20Application for indemnity certificate if civil proceeding discontinued
21Certificate entitles plaintiff to payment of costs
22Defendant may request direct payment in certain circumstances
23Application for indemnity certificate if criminal proceeding discontinued
24Membership
25Meetings
26New section 31A inserted
27Expiry of indemnity certificates
28Section 37 amended
29Supreme Court—Limitation of jurisdiction
30New section 47 inserted
Division 2—Civil appeals from VCAT
31Appeals from the Tribunal
32New section 170 inserted
Division 3—Civil appeals from County Court
33Appeal to the Court of Appeal
Part 4—Land acquisition and compensation amendments
34Jurisdiction
35Heading to section 84 inserted
36New section 84A inserted
37Court to nominate valuer
38Valuer to make declaration
39New section 109A inserted
40New section 111 inserted
Part 5—Postal delivery amendments
41When is service effective?
42Schedule 2 amended
43Registration of interstate orders
Part 6—Court security amendments
44Definitions
45Section 2A substituted
46Identity card
47Section 2C substituted
48Matters to be included in agreement
49Powers of authorized officer
50New section 8 inserted
51Function of the Court Services Victoria
52Functions and powers
Part 7—Legal profession amendments
53Delegation
54New section 87A inserted
55Approval of clerks
56New sections 88A and 88B inserted
57Application of the Uniform Law to approved clerks
58New section 89A inserted
59Rules for approved clerks
60New Division 10 of Part 12 inserted
Part 8—Minor technical amendments of natural resources legislation
61Fisheries Act 1995—Traditional owner agreement for natural resources
62Forests Act 1958—Traditional owner agreement for natural resources
63Wildlife Act 1975—Traditional owner agreement for natural resources
Part 9—Other amendments
Division 1—Children, Youth and Families Act 2005
64Rules of court
Division 2—Courts (Case Transfer) Act 1991
65Definition of designated judicial officer
66Other transfers
Division 3—Judicial College of Victoria Act 2001
67Board of directors
Division 4—Judicial Entitlements Act 2015
68Accrued sabbatical and long service leave (Chief Magistrate)
69Accrued annual leave and long service leave—magistrates
Division 5—Magistrates' Court Act 1989
70Rules of Court
71Warrants
Division 6—Victorian Civil and Administrative Tribunal Act 1998
72Presumption of order for reimbursement of fees to successful party in certain proceedings
73New section 171 inserted
Part 10—Statute law revision and repeals
Division 1—Statute law revision
74Appeal Costs Act 1998
75Australian Consumer Law and Fair Trading Act 2012
76Confiscation Act 1997
77Co-operatives National Law Application Act 2013
78Corrections Act 1986
79County Court Act 1958
80Court Security Act 1980
81Crimes Act 1958
82Criminal Organisations Control Act 2012
83Criminal Procedure Act 2009
84Estate Agents Act 1980
85Evidence Act 2008
86Gambling Regulation Act 2003
87Imperial Acts Application Act 1980
88Interpretation of Legislation Act 1984
89Liquor Control Reform Act 1998
90Private Security Act 2004
91Residential Tenancies Act 1997
92Retirement Villages Act 1986
93Sentencing Act 1991
94Supreme Court Act 1986
95Vexatious Proceedings Act 2014
96Victoria Racing Club Act 2006
97Working with Children Act 2005
98Wrongs Act 1958
Division 2—Repeal of amending Act
99Repeal of amending Act
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Endnotes
1 General information
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
No. 38 of 2017
[Assented to 29 August 2017]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to make a range of miscellaneous amendments to various Acts in the Justice and Regulation portfolio; and
(b)to make miscellaneous minor amendments to other Acts.
2Commencement
(1)This Act (except Parts 2, 3, 4, 5 and 6 and Divisions 1, 2 and 5 of Part 9) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsections (3) and (4), Parts 2, 3, 4, 5 and 6 and Divisions 1, 2 and 5 of Part 9 come into operation on a day or days to be proclaimed.
(3)If a provision of Part 6 does not come into operation before 1 November 2017, it comes into operation on that day.
(4)If a provision of Part 2, 3, 4 or 5 or Division 1, 2 or 5 of Part 9 does not come into operation before 1 May 2018, it comes into operation on that day.
PART 2—JURIES AMENDMENTS
3Definitions
In section 3(1) of the Juries Act 2000 insert the following definition—
"identifying number, of a member of a panel, means the number contained in the document prepared under section 29(3) in respect of the member;".
4Empanelment of additional jurors
At the end of section 23 of the Juries Act 2000 insert—
"(2)In making an order under subsection (1), the court may consider—
(a)the length of the trial; and
(b)the nature of the trial; and
(c)any other factor that may result in a juror being discharged during the trial.".
5Jury pools
(1)For section 29(3) of the Juries Act 2000 substitute—
"(3)For each person called to a pool, the Juries Commissioner must cause to be prepared a document bearing—
(a)a number that identifies the person; and
(b)the occupation of the person; and
(c)the name of the person.".
(2)Section 29(3A) of the Juries Act 2000 is repealed.
(3)In section 29(5) of the Juries Act 2000 omit "whose names are".
6New section 30A inserted
After section 30 of the Juries Act 2000 insert—
"30A Panel members to be identified by number
(1)Subject to subsection (2), a panel member must be identified in court by the member's identifying number.
(2)If the court considers that it is in the interests of justice to identify members of the panel by name, the court may, either before or after the panel, or the first part of a split panel, is present in the court, direct that members of the panel be identified by name.".
7Calling of panel
(1)In section 31(1) of the Juries Act 2000—
(a)for paragraph (a) substitute—
"(a)call out their identifying numbers or, if the court makes a direction under section 30A(2), their names, one after another; and";
(b)in paragraph (b), for "names or numbers" substitute "identifying numbers or names".
(2)In section 31(2) of the Juries Act 2000, for "dates of birth" substitute "identifying numbers".
(3)Section 31(3) of the Juries Act 2000 is repealed.
8Procedure for selecting jury in civil trials
(1)In section 33(1) of the Juries Act 2000, for "After the procedures set out in sections 31 and 32 have" substitute "After the procedure set out in section 32 has".
(2)For section 33(1)(a) of the Juries Act 2000 substitute—
"(a)select persons from the panel and call out—
(i)the identifying number and occupation of those persons; or
(ii)if a direction has been made under section 30A(2), the name and occupation of those persons and, if there are 2 or more persons with the same name and occupation, their identifying number—
until a sufficient number, after allowing for all challenges for cause that have been upheld, is selected; and".
(3)In section 33(1)(c) of the Juries Act 2000, for "name or number" substitute "identifying number or name".
(4)In section 33(2) of the Juries Act 2000, for "names or numbers" substitute "identifying numbers or names".
9Peremptory challenges in civil trials
(1)In section 35(1) of the Juries Act 2000, for "3" substitute "2".
(2)In section 35(2) of the Juries Act 2000, for "name or number" substitute "identifying number or name".
10Procedure for selecting jury in criminal trials
For section 36(1) of the Juries Act 2000 substitute—
"(1)After the procedure set out in section 32 has been completed in a criminal trial, the proper officer must select persons from the panel and call out—
(a)the identifying number and occupation of those persons; or
(b)if a direction has been made under section 30A(2), the name and occupation of those persons and, if there are 2 or more persons with the same name and occupation, their identifying number—
until the required number, after allowing for all challenges for cause that have been upheld and each arraigned person's right of challenge under section 39, is selected.".
11Crown right to stand aside jurors in criminal trials
(1)In section 38(1)(a) of the Juries Act 2000, for "6" substitute "3".
(2)For section 38(1)(b) of the Juries Act 2000 substitute—
"(b)2 potential jurors for each person arraigned in the trial, if 2 or more persons are arraigned.".
(3)Section 38(1)(c) of the Juries Act 2000 is repealed.
12Peremptory challenges in criminal trials
(1)In section 39(1)(a) of the Juries Act 2000, for "6" substitute "3".
(2)For section 39(1)(b) of the Juries Act 2000 substitute—
"(b)2 potential jurors, if 2 or more persons are arraigned in the trial.".
(3)Section 39(1)(c) of the Juries Act 2000 is repealed.
(4)For section 39(3) of the Juries Act 2000 substitute—
"(3)The court must allow a peremptory challenge to be made in the following ways—
(a)by the person arraigned;
(b)by a legal practitioner who represents the person arraigned;
(c)by a clerk of a legal practitioner who represents the person arraigned.".
13Offences by officials
In section 66(1)(e) of the Juries Act 2000 omit "the name of".
14Schedule 6 amended
At the end of Schedule 6 to the Juries Act 2000 insert—
"18 Transitional provision—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
This Act as amended by Part 2 of the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 applies to a trial in which a jury is empanelled after the commencement of that Part, irrespective of when the offence to which the trial relates is alleged to have been committed or when the cause of action arose.".
PART 3—APPEALS AMENDMENTS
Division 1—Appeal costs
15Certificate entitles respondent to payment of costs
In section 5(1)(b) of the Appeal Costs Act 1998, for "party and party" substitute "standard".
16Appellant may request direct payment in certain circumstances
In section 6(1) of the Appeal Costs Act 1998—
(a)omit "the respondent has not actually paid those costs or that part and";
(b)for paragraphs (a) and (b) substitute—
"(a)the appellant has taken reasonable steps to obtain payment from the respondent; and
(b)despite the appellant taking reasonable steps in accordance with paragraph (a), the respondent has not paid those costs or that part.".
17Application by successful appellant for grant of indemnity certificate in certain circumstances
In section 7(2)(a) of the Appeal Costs Act 1998, for "party and party" substitute "standard".
18Appellant ordered to pay costs of new trial entitled to be indemnified
In section 8(2)(b) of the Appeal Costs Act 1998, for "party and party" substitute "standard".
19Respondent may request direct payment in certain circumstances
In section 9(1) of the Appeal Costs Act 1998—
(a)omit "the appellant has not actually paid those costs or that part and";
(b)for paragraphs (a) and (b) substitute—
"(a)the respondent has taken reasonable steps to obtain payment from the appellant; and
(b)despite the respondent taking reasonable steps in accordance with paragraph (a), the appellant has not paid those costs or that part.".
20Application for indemnity certificate if civil proceeding discontinued
In section 10(3) of the Appeal Costs Act 1998, after "own costs" insert "thrown away".
21Certificate entitles plaintiff to payment of costs
In section 12(1)(b) of the Appeal Costs Act 1998, for "party and party" substitute "standard".
22Defendant may request direct payment in certain circumstances
In section 13(1) of the Appeal Costs Act 1998—
(a)omit "the plaintiff has not actually paid those costs or that part and";
(b)for paragraphs (a) and (b) substitute—
"(a)the defendant has taken reasonable steps to obtain payment from the plaintiff; and
(b)despite the defendant taking reasonable steps in accordance with paragraph (a), the plaintiff has not paid those costs or that part.".
23Application for indemnity certificate if criminal proceeding discontinued
In section 16(3) of the Appeal Costs Act 1998, after "own costs" insert "thrown away".
24Membership
After section 22(1)(a) of the Appeal Costs Act 1998 insert—
"(ab)a deputy chairperson; and".
25Meetings
(1)In section 28(1) and (4) of the Appeal Costs Act 1998, after "chairperson" insert "(or in the chairperson's absence, the deputy chairperson)".
(2)For section 28(7) of the Appeal Costs Act 1998 substitute—
"(7)Subject to this Part and the regulations, the Board may—
(a)conduct its meetings in any manner it thinks fit; and
(b)regulate its own proceedings.".
26New section 31A inserted
Before section 32 of the Appeal Costs Act 1998 insert—
"31A Scope of indemnity certificate
(1)An indemnity certificate granted under this Act may be expressed as applying, subject to the court's discretion, to limited or specific costs of an appeal or trial.
(2)Without limiting subsection (1), a certificate expressed as applying to limited or specific costs of an appeal may be expressed as—
(a)applying or not applying to a stated part of an appeal or a trial; or
(b)applying or not applying in respect of the fees of a particular Australian legal practitioner or law practice (within the meaning of the Legal Profession Uniform Law (Victoria)); or
(c)applying or not applying to specified items in a scale of costs; or
(d)applying to a limited time period; or
(e)as provided in any combination of paragraphs (a), (b), (c) and (d).
(3)A certificate that contains no written limitation or specifications under subsection (1) is taken to apply without limitation, subject to this Act.
Note
See also section 37.".
27Expiry of indemnity certificates
After section 35E(2) of the Appeal Costs Act 1998 insert—
"(3)In considering whether it is in the interests of justice to determine an application as if the indemnity certificate has not expired under subsection (2), the Board must have regard to the following—
(a)whether any negotiations with the other party regarding the settlement, taxation or payment of costs were progressed with reasonable expedition;
(b)the actions of the applicant and the applicant's legal practitioner;
(c)the consequences of granting or not granting the extension, including any financial implications;
(d)whether it is fair and equitable in the circumstances to consider an application made beyond the time limit specified in section 35D.".
28Section 37 amended
(1)Insert the following heading to section 37 of the Appeal Costs Act 1998—
"No appeal against grant or refusal of, or limitation on, indemnity certificate".
(2)After section 37(2) of the Appeal Costs Act 1998 insert—
"(3)No appeal lies against a grant by a court of an indemnity certificate that is limited in accordance with section 31A.".
29Supreme Court—Limitation of jurisdiction
At the end of section 40 of the Appeal Costs Act 1998 insert—
"(2)It is the intention of section 37(3) to alter or vary section 85 of the Constitution Act 1975.".
30New section 47 inserted
After section 46 of the Appeal Costs Act 1998 insert—
"47 Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
The amendments made to this Act by sections 15, 16, 17, 18, 19, 21, 22 and 27 of the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 apply in relation to an application made to the Board after the commencement of the applicable section or sections, whether the relevant indemnity certificate was granted before, on or after the commencement of the applicable section or sections.".
Division 2—Civil appeals from VCAT
31Appeals from the Tribunal
(1)At the foot of section 148(1)(a) of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"Note
See sections 14A to 14D of the Supreme Court Act 1986.".
(2)In section 148(2) of the Victorian Civil and Administrative Tribunal Act 1998—
(a)after "appeal" insert "to the Trial Division of the Supreme Court";
(b)for paragraph (a) substitute—
"(a)within 28 days after the day of the order of the Tribunal, unless the rules of the Supreme Court otherwise provide; and".
(3)After section 148(2) of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"(2A)The Trial Division of the Supreme Court may grant an application for leave to appeal under this section only if it is satisfied that the appeal has a real prospect of success.".
(4)In section 148(5) of the Victorian Civil and Administrative Tribunal Act 1998, for "Court of Appeal or the Trial Division, as the case requires," substitute "Trial Division of the Supreme Court".
32New section 170 inserted
After section 169 of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"170 Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
Section 148(2A) as inserted by the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 applies in respect of an application for leave to appeal made after that subsection commences.".
Division 3—Civil appeals from County Court
33Appeal to the Court of Appeal
(1)At the foot of section 74(1) of the County Court Act 1958 insert—
"Note
See sections 14A to 14D of the Supreme Court Act 1986.".
(2)Section 74(2), (2A), (2C), (4) and (5) of the County Court Act 1958 are repealed.
PART 4—LAND ACQUISITION AND COMPENSATION AMENDMENTS
34Jurisdiction
(1)In section 81(1) of the Land Acquisition and Compensation Act 1986—
(a)for "A disputed" substitute "Subject to section 84A, a disputed";
(b)in paragraph (a), for "$50 000" substitute "$400 000";
(c)in paragraph (b)—
(i)for "$50 000" substitute "$400 000";
(ii)for "Authority; or" substitute "Authority.".
(2)Section 81(1)(c) of the Land Acquisition and Compensation Act 1986 is repealed.
35Heading to section 84 inserted
Insert the following heading to section 84 of the Land Acquisition and Compensation Act 1986—
"Adjournment or withdrawal application".
36New section 84A inserted
After section 84 of the Land Acquisition and Compensation Act 1986 insert—
"84A Discretionary transfer of proceeding
(1)The Supreme Court may order that a proceeding or part of a proceeding under this Part—
(a)pending in the Court be transferred to the Tribunal; or
(b)pending in the Tribunal be transferred to the Court.
(2)Subject to subsection (3), the Tribunal may order that a proceeding or part of a proceeding under this Part pending in the Tribunal be transferred to the Supreme Court.
(3)For the purposes of making a transfer order under subsection (2), the Tribunal must be constituted by—
(a)the President of VCAT; or
(b)a member nominated by the President.
(4)A transfer order under subsection (1) or (2) may be made—
(a)on the application of a party to the proceeding pending in the Supreme Court or the Tribunal, as the case requires; or
(b)on the own motion of the Court or Tribunal, as the case requires.
(5)In making a transfer order under subsection (1) or (2), the Court or Tribunal, as the case requires, must consider the following—
(a)the views of the parties in relation to the transfer;
(b)whether any proceeding in relation to an associated matter is pending in the Court or Tribunal to which it is proposed to transfer the proceeding;
(c)whether the resources and capacity of the Court or Tribunal to which it is proposed to transfer the proceeding are sufficient to hear and determine the proceeding;
(d)whether the transfer would facilitate the just, efficient, timely and cost-effective resolution of the issues in dispute in the proceeding;
(e)whether the proceeding involves questions of general importance;
(f)whether it is desirable to make the transfer order.
(6)If the Supreme Court or the Tribunal makes a transfer order under this section, it may make any other order it considers necessary pending the hearing and determination of the transferred proceeding by the Court or Tribunal to which it is transferred.
(7)No appeal lies on a decision to transfer a proceeding under subsection (1) or (2).".
37Court to nominate valuer
(1)Insert the following heading to section 96 of the Land Acquisition and Compensation Act 1986—
"Tribunal or Court to nominate valuer".
(2)In section 96(1) of the Land Acquisition and Compensation Act 1986 before "the Court" (where twice occurring) insert "the Tribunal or".
38Valuer to make declaration
In section 97(1) of the Land Acquisition and Compensation Act 1986, before "the Court" insert "the Tribunal or".
39New section 109A inserted
After section 109 of the Land Acquisition and Compensation Act 1986 insert—
"109A Supreme Court—Limitation of jurisdiction
(1)It is the intention of section 81, as amended by section 34 of the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, to alter or vary section 85 of the Constitution Act 1975.
(2)It is the intention of section 84A to alter or vary section 85 of the Constitution Act 1975.".
40New section 111 inserted
After section 110 of the Land Acquisition and Compensation Act 1986 insert—
"111 Transitional provisions—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
(1)Subject to subsection (2), section 81 as in force immediately before its amendment by the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 continues to apply, on and after that amendment, to the hearing and determination by the Tribunal or the Court, as the case requires, of any disputed claim commenced but not determined under section 81 before that amendment.
(2)Section 84A applies to any disputed claim commenced but not determined under section 81 irrespective of whether the claim was commenced before, on or after the commencement of that section.".
PART 5—POSTAL DELIVERY AMENDMENTS
41When is service effective?
(1)For section 141(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—
"(b)in the case of posting—in the ordinary course of post, unless the rules provide otherwise;".
(2)At the foot of section 141(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"Note
See section 49 of the Interpretation of Legislation Act 1984.".
42Schedule 2 amended
In Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998, after the entry relating to "Service of documents" insert—
"Service by post, including time periods for presumed service under this Act.".
43Registration of interstate orders
In section 125(5) of the Confiscation Act 1997, for "5 days" substitute "14 days".
PART 6—COURT SECURITY AMENDMENTS
44Definitions
In section 2(1) of the Court Security Act 1980—
(a)in the definition of authorized officer omit "by the chief executive officer of the court or the clerk of the court";
(b)in the definition of contractor, after "with" insert "Court Services Victoria or";
(c)in the definition of scanning search, for "otherwise." substitute "otherwise;";
(d)insert the following definitions—
"Chief Executive Officer of Court Services Victoria means the person appointed under section 22 of the Court Services Victoria Act 2014;
Victims of Crime Assistance Tribunal means the Victims of Crime Assistance Tribunal established by Part 3 of the Victims of Crime Assistance Act 1996.".
45Section 2A substituted
For section 2A of the Court Security Act 1980 substitute—
"2A Appointment of authorized officers
(1)The Chief Executive Officer of Court Services Victoria may appoint, in accordance with this section, a person as an authorized officer in relation to any of the following courts—
(a)the Supreme Court;
(b)the County Court;
(c)the Magistrates' Court;
(d)the Children's Court;
(e)the Coroners Court;
(f)VCAT;
(g)the Victims of Crime Assistance Tribunal.
(2)The chief executive officer or a clerk of a tribunal, body or person prescribed for the purposes of paragraph (h) of the definition of court in section 2(1) may appoint, in accordance with this section, a person as an authorized officer in relation to that tribunal, body or person.
(3)Before appointing a person under subsection (1) or (2), the relevant decision maker must be satisfied that the person—
(a)is competent to exercise the functions conferred on an authorized officer by or under this Act; and
(b)is of good repute, having regard to character, honesty and integrity; and
(c)has agreed in writing to exercise the functions conferred on an authorized officer by or under this Act.
(4)In this section—
relevant decision maker means—
(a)the Chief Executive Officer of Court Services Victoria in relation to a court referred to in subsection (1); or
(b)the chief executive officer or a clerk in relation to a tribunal, body or person referred to in subsection (2).".
46Identity card
(1)In section 2B(1) of the Court Security Act 1980, after "The" insert "Chief Executive Officer of Court Services Victoria or the".
(2)For section 2B(2)(c) of the Court Security Act 1980 substitute—
"(c)be signed by the person who issued it.".
47Section 2C substituted
For section 2C of the Court Security Act 1980 substitute—
"2C Who may enter into court security agreement
(1)Subject to the Financial Management Act 1994 and the regulations made under that Act, Court Services Victoria may enter into an agreement for and on behalf of the Crown with a person or body for the provision by that person or body of court security services to any of the following courts—
(a)the Supreme Court;
(b)the County Court;
(c)the Magistrates' Court;
(d)the Children's Court;
(e)the Coroners Court;
(f)VCAT;
(g)the Victims of Crime Assistance Tribunal.
(2)Subject to the Financial Management Act 1994 and the regulations made under that Act, the chief executive officer of a tribunal, body or person prescribed for the purposes of paragraph (h) of the definition of court in section 2(1) may enter into an agreement for and on behalf of the Crown with a person or body for the provision by that person or body of court security services to that tribunal, body or person.".
48Matters to be included in agreement
In section 2D(d) of the Court Security Act 1980, for "the chief executive officer" substitute "Court Services Victoria or the chief executive officer, as the case may be,".
49Powers of authorized officer
(1)After section 3(2) of the Court Security Act 1980 insert—
"(2A)Subject to any limitations or restrictions provided by the rules, an authorized officer—
(a)may give to a person who wishes to enter court premises, or is on the court premises, a reasonable direction to do or not do a thing, for the purpose of maintaining or restoring the security, good order or management of the court premises; and
(b)may escort a person to or from court premises if that person has consented to being escorted by the authorized officer; and
(c)may, in the course of escorting a person to or from court premises, give a reasonable direction to another person to do or not do a thing, for the purpose of maintaining the safety of the person or the authorized officer; and
(d)may, if the authorized officer reasonably suspects that a recording, transmission or publication made or being made of a proceeding is not permitted by or under this Act or any other law, direct a person to do one or more than one of the following—
(i)stop making the recording, transmission or publication;
(ii)permit an authorized officer to view the recording, transmission or publication on a device;
(iii)delete the recording.
Note
Sections 4A, 4B and 4C of this Act, sections 3 and 4 of the Judicial Proceedings Reports Act 1958, Part 8 of the Family Violence Protection Act 2008 and section 20 of the Supreme Court Act 1986 place restrictions on the recording, publication and transmission of court proceedings. An order made under the Open Courts Act 2013 may restrict the publication of proceedings and that Act refers to other Acts that restrict the publication of proceedings.
(2B)Subject to subsection (2C), a person must not refuse to comply with a direction under subsection (2A).
Penalty:10 penalty units.
(2C)A person does not contravene subsection (2B) in relation to a direction under subsection (2A)(d) if the recording, transmission or publication is permitted by or under this Act or any other law.".
(2)For section 3(4) of the Court Security Act 1980 substitute—
"(4)An authorized officer may use reasonable force to do any of the following—
(a)conduct a frisk search or scanning search under subsection (3);
(b)enforce a direction given to the person under subsection (2A);
(c)prohibit a person from entering, or remove a person from, court premises under subsection (5) or (9);
(d)seize prohibited items under subsection (6);
(e)ensure the safety of a person being escorted, or the safety of an authorized officer when escorting a person, under subsection (2A)(b).
(4A)An authorized officer who conducts a search under this section must not subject a person to greater indignity than is reasonably necessary to conduct the search.".
(3)In section 3(5) of the Court Security Act 1980—
(a)after "subsection (1)" insert ", comply with a direction under subsection (2A)";
(b)omit "by reasonable force".
(4)After section 3(10) of the Court Security Act 1980 insert—
"(11)An authorized officer who gives a direction to a person or demands or requires a person to do a thing under this section must advise the person before or immediately after giving
the direction or making the demand or requirement that the person may commit an offence by refusing to comply with the direction, demand or requirement.".
50New section 8 inserted
After section 7 of the Court Security Act 1980 insert—
"8 Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
(1)A person who was an authorized officer immediately before the commencement of section 45 of the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 is, on the commencement of that section, taken to be an authorized officer appointed by the relevant decision maker within the meaning of section 2A.
(2)A court security agreement under section 2C that was in force immediately before the commencement of section 47 of the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 continues in force for the remainder of its term unless sooner terminated.".
51Function of the Court Services Victoria
After section 8(a)(vi) of the Court Services Victoria Act 2014 insert—
"(vii)the Victims of Crime Assistance Tribunal; and".
52Functions and powers
In section 25(1) of the Court Services Victoria Act 2014—
(a)in paragraph (b), for "Officers." substitute "Officers;";
(b)after paragraph (b) insert—
"(c)any function conferred by or under any other Act.".
PART 7—LEGAL PROFESSION AMENDMENTS
53Delegation
(1)In section 44(1) of the Legal Profession Uniform Law Application Act 2014, for "subsection (2)" substitute "subsections (1A) and (2)".
(2)After section 44(1) of the LegalProfession Uniform Law Application Act 2014 insert—
"(1A)The Victorian Legal Services Board, by instrument, may delegate to the Victorian Bar the function of approving, under section 88(1), a natural person to receive trust money as described in that provision.".
(3)After section 44(2)(b) of the Legal Profession Uniform Law Application Act 2014 insert—
"(ba)suspending or revoking, under section 88A, an approval under section 88(1);".
(4)In section 44(2)(i) of the Legal Profession Uniform Law Application Act 2014, for "(1)." substitute "(1) or (1A).".
54New section 87A inserted
After the heading to Division 3 of Part 5 of the Legal Profession Uniform Law Application Act 2014 insert—
"87A Person not to act as approved clerk without approval
(1)A person who is not an approved clerk must not receive money on account of the legal costs of one or more barristers in advance of the provision of the legal services to which those costs relate.
(2)Subsection (1) does not apply in relation to—
(a)an ADI receiving trust money deposited into an approved clerk's general trust account in accordance with section 137 or 143(1) of the Legal Profession Uniform Law (Victoria) as applied in relation to approved clerks by section 89(1); or
(b)a law practice receiving trust money in accordance with section 150 of the Legal Profession Uniform Law (Victoria); or
(c)a supervisor of trust money of an approved clerk receiving trust money in accordance with section 331 of the Legal Profession Uniform Law (Victoria) as applied in relation to approved clerks by section 89(2A).
(3)Division 2 of Part 9.7 of the Legal Profession Uniform Law (Victoria) applies to a contravention of subsection (1).
(4)For the purposes of subsection (3)—
(a)subsection (1) is taken to be a civil penalty provision; and
(b)a contravention of subsection (1) is punishable by an amount not exceeding 100 penalty units.".
55Approval of clerks
(1)In section 88(1) of the Legal Profession Uniform Law Application Act 2014, for "Victorian Bar" substitute "Victorian Legal Services Board, in accordance with this section,".
(2)After section 88(1) of the Legal Profession Uniform Law Application Act 2014 insert—
"(1A)The Victorian Legal Services Board must not approve a natural person under subsection (1) unless the Board is satisfied that the person is a fit and proper person to receive trust money as described in that subsection.
(1B)In considering whether a person is or is not a fit and proper person to receive trust money as described in subsection (1), the Victorian Legal Services Board may have regard to whether—
(a)a bankruptcy-related event has occurred in relation to the person; or
(b)the person has been convicted of a serious offence or a tax offence; or
(c)the person has contravened any of the following—
(i)this Act;
(ii)the Legal Profession Uniform Law (Victoria);
(iii)the Uniform Rules;
(iv)the rules made under section 90 of this Act;
(v)any other law or rule of any other State or a Territory, or of a foreign country, relating to trust accounts or trust money.
(1C)The Victorian Legal Services Board may consider that a person is a fit and proper person to receive trust money as described in subsection (1) despite an event, conviction or contravention referred to in subsection (1B) if the Board is satisfied that the decision is warranted in the circumstances.".
(3)In section 88(2) of the Legal Profession Uniform Law Application Act 2014 omit "and notified to the Victorian Legal Services Board as soon as practicable after it is given".
(4)After section 88(2) of the Legal Profession Uniform Law Application Act 2014 insert—
"(3)If the Victorian Legal Services Board delegates to the Victorian Bar the function of approving a natural person under subsection (1), the Victorian Bar must notify the Board in writing of an approval as soon as practicable after giving it.".
56New sections 88A and 88B inserted
After section 88 of the Legal Profession Uniform Law Application Act 2014 insert—
"88A Suspension or revocation of approval of clerk on request
(1)The Victorian Legal Services Board may revoke, or suspend for a specified period, an approval of a natural person under section 88(1) if the person requests the revocation or suspension in writing.
(2)A revocation or suspension under subsection (1) is to be made by giving the person who requested the revocation or suspension a notice in writing.
88BSuspension or revocation of approval of clerk for other reasons
(1)The Victorian Legal Services Board may, in accordance with this section, revoke, or suspend for a specified period, an approval of a natural person under section 88(1) if—
(a)the person—
(i)is convicted of a serious offence or a tax offence; or
(ii)contravenes a law or rule referred to in section 88(1B)(c); or
(b)a bankruptcy-related event occurs in relation to the person; or
(c)the Board reasonably believes that the person is no longer a fit and proper person to receive trust money as described in section 88(1).
(2)If the Victorian Legal Services Board considers that an approval of a natural person under section 88(1) should be revoked or suspended, the Board must give the person notice in writing—
(a)stating—
(i)that the Board proposes to take that action; and
(ii)the ground or grounds for the proposed action; and
(b)if the Board proposes to suspend the approval, stating the proposed period of suspension; and
(c)inviting the person to respond in writing to the Board within a specified period (not being less than 7 days nor more than 28 days after the notice is given) as to why the proposed action should not be taken.
(3)The Victorian Legal Services Board must not revoke or suspend an approval of a natural person under section 88(1) unless—
(a)the Board has given the approved person a notice under subsection (2); and
(b)the time specified in the notice for a response from the person has expired; and
(c)the Board has considered the person's response (if any).
(4)The Victorian Legal Services Board must not revoke an approval of a natural person under section 88(1) unless the notice given under subsection (2) states that the Board proposes to revoke the approval.
(5)The Victorian Legal Services Board must not suspend an approval of a natural person under section 88(1) for a specified period unless the notice given under subsection (2) states that the Board proposes—
(a)to suspend the approval for that period or for a longer period; or
(b)to revoke the approval.
(6)A revocation or suspension under subsection (1) is to be made by giving the person a further notice in writing.".
57Application of the Uniform Law to approved clerks
After section 89(2) of the Legal Profession Uniform Law Application Act 2014 insert—
'(2A)Parts 6.1, 6.2, 6.3 and 6.6 of the Legal Profession Uniform Law (Victoria) apply to, and in relation to, an approved clerk as if—
(a)the following definitions apply for the purposes of those Parts—
affairs of an approved clerk means all accounts and records that—
(a)relate to trust money received by the approved clerk; and
(b)are required by or under this law or the Uniform Rules as modified by rules made under section 90 of this Act to be maintained by the approved clerk;
associate of an approved clerk means a person who is authorised by the approved clerk to cause money to be withdrawn from the clerk's general trust account (whether by signing a cheque or otherwise);
ceasing to be an approved clerk includes—
(a)being suspended from being an approved clerk; and
(b)ceasing to undertake the functions of an approved clerk;
general trust account means an account maintained by an approved clerk with an authorised ADI for the holding of trust money received by the clerk;
trust account means an account maintained by an approved clerk with an authorised ADI to hold trust money;
trust money means money received by an approved clerk on account of the legal costs of one or more barristers in advance of the provision of the legal services to which those costs relate; and
(b)a reference in those Parts to a law practice, or to a principal of a law practice, were a reference to an approved clerk; and
(c)a reference in those Parts to the designated local regulatory authority, or to the appropriate authority, were a reference to the Victorian Legal Services Board; and
(d)a reference in those Parts to a law practice's trust account were a reference to an approved clerk's trust account; and
(e)a reference in those Parts to a law practice's trust money were a reference to trust money entrusted to an approved clerk; and
(f)every reference in those Parts to trust property or a transfer of trust property were omitted; and
(g)a reference in those Parts to a client of a law practice were a reference to the clients of a barrister on behalf of whom an approved clerk receives money; and
(h)a reference in those Parts (excluding section 367) to the Uniform Rules were a reference to the Uniform Rules as modified by rules made under section 90 of this Act; and
(i)section 323 were omitted; and
(j)for section 324 there were substituted—
"324 Further application of this Chapter
This Chapter applies, with any necessary adaptations, to a former approved clerk in the same way as it applies to an approved clerk."; and
(k)section 325 were omitted; and
(l)for section 326(a) there were substituted—
"(a)where an approved clerk has died, ceases to be an approved clerk, has become an insolvent under administration or is in prison;"; and
(m)section 326(b), (c) and (d)(vii) were omitted; and
(n)for section 326(d)(ix) there were substituted—
"(ix)has ceased to be an approved clerk without making provision for properly dealing with trust money received by the approved clerk;"; and
(o)for section 327(2) there were substituted—
"(2)The Victorian Legal Services Board may determine to initiate the appointment under this Chapter of a supervisor of trust money of the approved clerk if the Board is of the opinion that external intervention is required because of issues relating to the approved clerk's trust accounts."; and
(p)in section 328, for the words "a particular legal practitioner associate or to matters connected with a particular office" there were substituted "a particular associate of the approved clerk"; and
(q)in section 329(3)(b), for the words "law practices' trust accounts" there were substituted "trust accounting"; and
(r)in section 331(2)(a), for the words "its engaging in legal practice" there were substituted "the approved clerk engaging in the business of being an approved clerk"; and
(s)in section 331(2)(b), for the words "the law practice or an associate or former associate of the law practice" there were substituted "the approved clerk"; and
(t)for section 331(5) there were substituted—
"(5)The supervisor does not have a role in the management of the approved clerk except in relation to the management of the affairs of the approved clerk."; and
(u)a reference in section 332(1)(b) to a law practice were a reference to either a law practice or an approved clerk; and
(v)section 333(1)(c) and (d) were omitted; and
(w)section 356(4) were omitted; and
(x)after section 357(2) there were inserted—
"(3)Nothing in this section subjects an approved clerk to any personal liability.
(4)Any liability resulting from an act or omission that, but for subsection (3), would attach to an approved clerk attaches instead to the Victorian Legal Services Board."; and
(y)for section 358(2)(d) there were substituted—
"(d)a barrister who has an interest in trust money held by the approved clerk; or"; and
(z)section 358(6) were omitted; and
(za)section 360 were omitted; and
(zb)in section 361, each reference to an associate of the law practice were omitted; and
(zc)for section 362(2)(e) and (f) there were substituted—
"(e)the approved clerk concerned;
(f)a barrister—
(i)for whom the approved clerk has held money on account of legal costs in advance of the provision of the legal services to which those costs relate; and
(ii)to whom the information relates;
(fa)a client or former client of a barrister referred to in paragraph (f) if the information relates to the client or former client;".'.
58New section 89A inserted
After section 89 of the Legal Profession Uniform Law Application Act 2014 insert—
"89A Review of decision to refuse, suspend or revoke approval
(1)A person who has applied for an approval under section 88(1) may apply to VCAT for review of a decision not to grant that approval.
(2)An approved clerk whose approval under section 88(1) is suspended or revoked may apply to VCAT for review of the decision to suspend or revoke that approval.
(3)An application for review must be made within 28 days after the day on which the person is notified of the decision.".
59Rules for approved clerks
(1)In section 90(1) of the Legal Profession Uniform Law Application Act 2014, for "Victorian Bar" substitute "Victorian Legal Services Board".
(2)After section 90(2) of the Legal Profession Uniform Law Application Act 2014 insert—
"(2A)Rules made under this section may modify the application of the Uniform Rules for the purposes of the application of Parts 6.2, 6.3 and 6.6 of the Legal Profession Uniform Law (Victoria) to, and in relation to, an approved clerk.
Note
See section 89(2A).".
60New Division 10 of Part 12 inserted
After Division 9 of Part 12 of the Legal Profession Uniform Law Application Act 2014 insert—
"Division 10—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
183Approval of clerks
On and after the day on which section 55 of the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 comes into operation, an approval by the Victorian Bar under section 88(1) that was in force immediately before that day is taken to be an approval by the Victorian Legal Services Board under that section as amended by section 55 of that Act.
184Rules for approved clerks
On and after the day on which section 59 of the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 comes into operation, rules made by the Victorian Bar under section 90(1) that were in force immediately before that day are taken to be rules made by the Victorian Legal Services Board under that section as amended by section 59 of that Act.".
PART 8—MINOR TECHNICAL AMENDMENTS OF NATURAL RESOURCES LEGISLATION
61Fisheries Act 1995—Traditional owner agreement for natural resources
After section 11AA(2) of the Fisheries Act 1995 insert—
"(3)For the purposes of this section—
(a)a reference in subsection (1) to this Act does not include a reference to the regulations; and
(b)to avoid doubt, subsection (1) does not prevent a provision of the regulations from providing for an offence for carrying out an agreed activity.".
62Forests Act 1958—Traditional owner agreement for natural resources
After section 3D(2) of the Forests Act 1958 insert—
"(3)For the purposes of this section—
(a)a reference in subsection (1) to this Act does not include a reference to the regulations; and
(b)to avoid doubt, subsection (1) does not prevent a provision of the regulations from providing for an offence for carrying out an agreed activity.".
63Wildlife Act 1975—Traditional owner agreement for natural resources
After section 4C(2) of the Wildlife Act 1975 insert—
"(3)For the purposes of this section—
(a)a reference in subsection (1) to this Act does not include a reference to the regulations; and
(b)to avoid doubt, subsection (1) does not prevent a provision of the regulations from providing for an offence for carrying out an agreed activity.".
PART 9—OTHER AMENDMENTS
Division 1—Children, Youth and Families Act 2005
64Rules of court
After section 589(c) of the Children, Youth and Families Act 2005 insert—
"(ca)the return to the Court of warrants issued under this Act or issued by the Court under section 57 of the Magistrates' Court Act 1989 as applied by this Act;".
Division 2—Courts (Case Transfer) Act 1991
65Definition of designated judicial officer
In section 3(1) of the Courts (Case Transfer) Act 1991, for the definition of Designated judicial officer substitute—
"designated judicial officer—
(a)in relation to the Supreme Court, means an Associate Judge or a judicial registrar of the Supreme Court designated by the Chief Justice for the purposes of this Act;
(b)in relation to the County Court, means a judge, an associate judge or a judicial registrar of the County Court designated by the Chief Judge for the purposes of this Act;
(c)in relation to the Magistrates' Court, means a magistrate or a judicial registrar of the Magistrates' Court designated by the Chief Magistrate for the purposes of this Act;".
66Other transfers
In section 30(1) of the Courts (Case Transfer) Act 1991 omit "(constituted by a judge)" (where twice occurring).
Division 3—Judicial College of Victoria Act 2001
67Board of directors
In section 8(1) of the Judicial College of Victoria Act 2001—
(a)for "6" substitute "8";
(b)after paragraph (d) insert—
"(da)one is the President of the Children's Court of Victoria or another magistrate of that Court nominated by the President; and
(db)one is the State Coroner or another coroner nominated by the State Coroner; and".
Division 4—Judicial Entitlements Act 2015
68Accrued sabbatical and long service leave (Chief Magistrate)
In section 12(1) of the Judicial Entitlements Act 2015—
(a)in paragraph (d) for "Court." substitute "Court;";
(b)after paragraph (d) insert—
"(e)the Chief Magistrate.".
69Accrued annual leave and long service leave—magistrates
In section 13 of the Judicial Entitlements Act2015, after "than" insert "the Chief Magistrate or".
Division 5—Magistrates' Court Act 1989
70Rules of Court
After section 16(1A)(j) of the Magistrates' Court Act 1989 insert—
"(k)the return to the Court of warrants issued under section 57;".
71Warrants
Section 57(10) of the Magistrates' Court Act 1989 is repealed.
Division 6—Victorian Civil and Administrative Tribunal Act 1998
72Presumption of order for reimbursement of fees to successful party in certain proceedings
After section 115C(1)(c) of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"(d)a proceeding under section 114, 120 or 149A of the Planning and Environment Act 1987;".
73New section 171 inserted
At the end of Part 7 of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"171 Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
The amendment made to section 115C by the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017 applies, on and after the commencement of that amendment, in relation to all proceedings in the Tribunal, whether those proceedings were commenced before, on or after that amendment.".
PART 10—STATUTE LAW REVISION AND REPEALS
Division 1—Statute law revision
74Appeal Costs Act 1998
In section 39(b) of the Appeal Costs Act 1998, for "not be" substitute "not to be".
75Australian Consumer Law and Fair Trading Act 2012
In section 184(2) of the Australian Consumer Law and Fair Trading Act 2012—
(a)in paragraph (j), for "land." substitute "land;";
(b)in paragraph (k), for "something;" substitute "something.".
76Confiscation Act 1997
In section 3(1) of the Confiscation Act 1997, in the definition of tainted property—
(a)in paragraph (a)(iiia), for "(iii);" substitute "(iii); or";
(b)in paragraph (b)(iv), for "(iii);" substitute "(iii); or".
77Co-operatives National Law Application Act 2013
In section 32(2)(b) of the Co-operatives National Law Application Act 2013, for "the the" substitute "the".
78Corrections Act 1986
In section 47(1)(m)(vii) and (3)(b) of the Corrections Act 1986, for "Commission 2011" substitute "Commission Act 2011".
79County Court Act 1958
(1)In sections 3AA(1A) and 14(9A) of the County Court Act 1958, for "Commonwealth Family Law Act 1975" substitute "Family Law Act 1975 of the Commonwealth".
(2)In section 49A(3) of the County Court Act 1958, for "employé" (wherever occurring) substitute "employee".
(3)In section 89 of the County Court Act 1958, after "(Amendment)" insert "Act".
80Court Security Act 1980
In section 6(1) of the Court Security Act 1980, for "authorized" substitute "authorised".
81Crimes Act 1958
(1)In section 31(2A) of the Crimes Act 1958, in the definitions of custodial officer on duty and custodial officer, for "1991." substitute "1991;".
(2)In the heading to section 621A of the Crimes Act 1958, for "Bill" substitute "Act".
82Criminal Organisations Control Act 2012
(1)In section 3(1) of the Criminal Organisations Control Act 2012, in the definition of family member, for "has meaning" substitute "has the meaning".
(2)In section 124J(3) of the Criminal Organisations Control Act 2012, for "124F" substitute "section 124F".
83Criminal Procedure Act 2009
In sections 302A and 308(1)(b) of the Criminal Procedure Act 2009, for "if Magistrates' Court" substitute "if the Magistrates' Court".
84Estate Agents Act 1980
In section 12(3)(b) of the Estate Agents Act 1980 omit ", 45".
85Evidence Act 2008
In section 117(1) of the Evidence Act 2008, in paragraph (b) of the definition of lawyer, for "an non-participant" substitute
"a non-participant".86Gambling Regulation Act 2003
(1)In section 1.3(1) of the Gambling Regulation Act 2003, the definition of related body corporate is repealed.
(2)In section 1.3(1) of the Gambling Regulation Act 2003 insert the following definition—
"related body corporate, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;".
(3)In section 3.8A.16(1) of the Gambling Regulation Act 2003, for "a a venue" substitute "a venue".
(4)In Form 3 of Schedule 4 to the Gambling Regulation Act 2003, for "leaving a the" substitute "leaving a".
87Imperial Acts Application Act 1980
In section 1 of the Imperial Acts Application Act 1980—
(a)for "Monopolies" substitute "Monopolies.";
(b)omit "Division 5—Royal marriages.".
88Interpretation of Legislation Act 1984
In section 20 of the Interpretation of Legislation Act 1984, for "law subregulation" substitute "law, subregulation".
89Liquor Control Reform Act 1998
In section 66AD(3)(c) of the Liquor Control Reform Act 1998, after "wholesale liquor" insert "supply".
90Private Security Act 2004
In sections 63A and 118A of the Private Security Act 2004, for "section 93F of the Fair Trading Act 1999" substitute "section 47 of the Australian Consumer Law and Fair Trading Act 2012".
91Residential Tenancies Act 1997
(1)In section 516(f) of the Residential Tenancies Act 1997, for "department, council" substitute "department, Council".
(2)In section 522(1) of the Residential Tenancies Act 1997, for "Minister or council" substitute "Minister or Council".
(3)In section 524(2) of the Residential Tenancies Act 1997, for "in, the council" substitute "in, the Council".
92Retirement Villages Act 1986
In section 42B(4) of the Retirement Villages Act 1986, in paragraph (a) of the definition of authorised officer, for "section 114 of the Fair Trading Act 1999" substitute "section 142 of the Australian Consumer Law and Fair Trading Act 2012".
93Sentencing Act 1991
In the heading to Subdivision (2) of Division 2 of Part 4 of the Sentencing Act 1991, for "loss." substitute "loss".
94Supreme Court Act 1986
In section 139A of the Supreme Court
Act 1986, for "(Amendment) 1999" substitute "(Amendment) Act 1999".95Vexatious Proceedings Act 2014
(1)In section 3 of the Vexatious Proceedings Act 2014, in the definition of legal practitioner omit "within the meaning of the Legal Profession Act 2004".
(2)In section 9 of the Vexatious Proceedings Act 2014 omit "within the meaning of the Legal Profession Act 2004".
96Victoria Racing Club Act 2006
In section 20(5) of the Victoria Racing Club Act 2006, for "in consistent" substitute "inconsistent".
97Working with Children Act 2005
In the note at the foot of section 30(1) of the Working with Children Act 2005, for "section" substitute "Section".
98Wrongs Act 1958
In section 28LI(1), (2)(a) and (3)(a) of the Wrongs Act 1958, for "A.M.A Guides" substitute "A.M.A. Guides".
Division 2—Repeal of amending Act
99Repeal of amending Act
This Act is repealed on 1 May 2019.
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: 25 May 2017
Legislative Council: 23 June 2017
The long title for the Bill for this Act was "A Bill for an Act to amend the Appeal Costs Act 1998, the Children, Youth and Families Act2005, the Confiscation Act 1997, the County Court Act 1958, the Court Security Act 1980, the Court Services Victoria Act 2014, the Courts (Case Transfer) Act 1991, the Judicial College of VictoriaAct 2001, the Judicial Entitlements Act 2015, the Juries Act2000, the Land Acquisition and Compensation Act 1986, the Legal Profession Uniform Law Application Act 2014, the Magistrates' Court Act 1989 and the Victorian Civil and Administrative Tribunal Act 1998, to make miscellaneous minor amendments to other Acts and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 25 May 2017
Legislative Council: 23 June 2017
Absolute majorities:
Legislative Assembly: 22 June 2017
Legislative Council: 22 August 2017
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