Untitled document
Statute Law (Further Revision) Act 2006
Act No. 29/2006
table of provisions
Section Page
1.Purpose
2.Commencement
3.Amendment of Acts
4.Repeal of Acts
5.Saving of references
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SCHEDULES
SCHEDULE 1—Amendment of Acts
SCHEDULE 2—Repeal of Acts
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Endnotes
Statute Law (Further Revision) Act 2006
[Assented to 6 June 2006]
The Parliament of Victoria enacts as follows:
1.Purpose
The purpose of this Act is to revise further the Statute Law of Victoria.
2.Commencement
(1)Subject to sub-section (2), this Act comes into operation on the day after the day on which it receives the Royal Assent.
(2)The following items in Schedule 1 are deemed to have come into operation on the following dates—
(a)item 1 on 5 August 2004;
(b)item 2 on 22 June 2004;
(c)item 3 on 30 November 2005;
(d)item 4 on 8 December 2005;
(e)item 10 on 10 August 2005;
(f)item 14.5 on 7 December 2005;
(g)item 17 on 14 December 2004;
(h)item 21 on 12 October 2004;
(i)item 27 on 20 September 2005;
(j)item 31 on 13 May 2003;
(k)item 35 on 22 November 2005;
(l)item 40 on 13 September 2005.
3.Amendment of Acts
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.
4.Repeal of Acts
The Acts listed in Schedule 2 are repealed.
5.Saving of references
(1)If a provision of an Act that is repealed by this Act required a reference in an Act, subordinate instrument or other instrument or document to a person or body to be construed as a reference to another person or body, the repeal of that provision does not affect the construction of that reference in that Act, instrument or document, unless the contrary intention appears.
(2)This section does not affect or take away from the Interpretation of Legislation Act 1984.
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SCHEDULES
SCHEDULE 1
Section 3
Amendment of Acts
1.Ambulance Services Act 1986
In section 22(2), for "ambulance attaches" substitute "ambulance service attaches".
2.Ambulance Services (Amendment) Act 2004
In section 15(7), after "23(11)" insert "of the Principal Act".
3.Charities Act 1978
In section 7A, after "commencement" insert "of".
4.Children and Young Persons Act 1989
In section 184(2)(a), for "order, the youth attendance order;" substitute "order;".
5.Children, Youth and Families Act 2005
5.1In section 155, after "returned" insert "to".
5.2In section 326(2)(c) omit "in".
6.Co-operative Housing Societies Act 1958
6.1In section 3(2) in paragraph (iii) of the proviso, for "an appraiser appointed by the Board of Land and Works" substitute "the Minister administering Division 11 of Part 1 of the Land Act 1958".
6.2In section 3(3) in paragraph (iii) of the proviso, for "an appraiser to be appointed by the Board of Land and Works" substitute "the Minister administering section 138 of the Land Act 1958".
7.Commonwealth Arrangements Act 1958
In section 7—
(a)omit "the railway service";
(b)omit "the Mental Hygiene Department";
(c)for "Country Roads Act 1958" substitute "Transport Act 1983".
8.Commonwealth Games Arrangements Act 2001
In section 50(1)(b), for "event.." substitute "event.".
9.Dandenong Development Board Act 2003
In section 10(1)(g), for "chief executive officer of the Urban and Regional Land Corporation" substitute "chief executive of the Victorian Urban Development Authority".
10.Electricity Safety Act 1998
In section 101(1), for "section 7" substitute "section 6".
11.Firearms Act 1996
In section 15(2)(a)(ii), for "a a general" substitute
"a general".
12.Freedom of Information Act 1982
12.1In section 38A(1)(a), for "other" substitute "(other".
12.2In section 66(1)(a), for "Act; and" substitute "Act.".
13.Gas Industry Act 2001
13.1In section 3 the definition of "appeal tribunal" is repealed.
13.2In section 3 the definition of "GFCV" is repealed.
13.3Section 236(1)(c) is repealed.
14.Health Professions Registration Act 2005
14.1In section 68(3), for "hearing panel" substitute "health panel".
14.2In section 75—
(a)in sub-section (2)(b), before "the Secretary" insert "to";
(b)in sub-section (3)(e), before "that authority" insert "to".
14.3In section 136(1)(b), for "the persons appointed are" substitute "each is".
14.4In section 144(2), for "88, 90" substitute "88 or 90".
14.5In section 179(6) for "20A(3A)(a)" substitute "20(3A)(a)".
15.Interpretation of Legislation Act 1984
15.1In section 38, the definition of "Children's Court" is repealed.
15.2In section 38 insert the following definition—
' "Children's Court" means The Children's Court of Victoria;'.
16.Labour and Industry Act 1958
The heading to Division 1 of Part VII is repealed.
17.Legal Profession Act 2004
17.1In section 1.2.1 in the definition of "admission rules" for "Division 3" substitute "Division 5".
17.2In section 3.3.52(1), for "maintain" substitute "keep".
18.Local Government Act 1989
In clause 2(5) of Schedule 3, for "polling booth" substitute "voting centre".
19.Long Service Leave Act 1992
In the heading to section 158A, after "Conduct" insert "of".
20.Major Crime (Investigative Powers) Act 2004
In section 3 in the definition of "coercive powers order" for "approving" substitute "authorising".
21.Major Crime Legislation (Office of Police Integrity) Act 2004
In section 12, for "paragraph (a)" substitute "paragraph (c)".
22.Major Events (Crowd Management) Act 2003
In section 3(1) in paragraph (b) of the definition of "managed venue", for "under made" substitute "made under".
23.Mineral Resources Development Act 1990
23.1Item 17 in Schedule 1 is repealed.
23.2In Schedule 3—
(a)in clause 1, for "(1)" substitute "1."
(b)in clause 1A, for "(1A)" substitute "1A."
(c)in clause 1B, for "(1B)" substitute "1B."
(d)in clause 1B(a), for "sub-clause (1A)" substitute "clause 1A" .
24.Monash University Act 1958
In section 22 for "University" (where secondly occurring) substitute "University.".
25.Ombudsman Act 1973
In the Schedule omit "The office of lay observer under section 14Q or 32F of the Legal Profession Practice Act 1958.".
26.Petroleum Products (Terminal Gate Pricing) Act 2000
In section 3 in the definition of "GST", after "Services" insert "Tax".
27.Pipelines Act 2005
In section 194(2), after "deemed to" insert "be".
28.Plant Health and Plant Products Act 1995
In section 12(2), for "package" substitute "package,".
29.Police Assistance Compensation Act 1968
In section 3, for "2(4)" substitute "2(4))".
30.Police Regulation Act 1958
In section 86VD(2)—
(a)for "(a) divert" substitute "(i) divert";
(b)for "(b) interfere" substitute "(ii) interfere".
31.Port Services (Port of Melbourne Reform) Act 2003
In section 28(2), for 'Corporation" established' substitute "Corporation established".
32.Public Administration Act 2004
In section 22(2)(e), before "virtue" insert "by".
33.Radiation Act 2005
33.1In section 3(1) in the note at the foot of the definition of "radiation practice", after "referred to" insert "in".
33.2In section 3(2), after "referred to" insert "in".
34.Rail Corporations Act 1996
34.1In section 3(1) the definition of "freight service" is repealed.
34.2In section 3(1), insert the following definition—
' "freight service" means a service for the carrying of freight by railway;'.
35.Retail Leases (Amendment) Act 2005
In section 48, in proposed section 23(6), for "not to apply" substitute "not apply".
36.Surveillance Devices Act 1999
36.1In section 3(1) the definition of "Australian Crime Commission" is repealed.
36.2In section 3(1) insert the following definition—
' "Australian Crime Commission" means Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;'.
37.Treasury Corporation of Victoria Act 1992
In section 18 omit "(1)".
38.University of Ballarat Act 1993
38.1In section 17(4)—
(a)for "section 7(2)(j)" substitute "section 7(2)(i)";
(b)for "(h) (i) or (j)" substitute "(h) or (i)".
38.2Sections 44 and 45 are repealed.
39.Workers Compensation Act 1958
39.1In section 63(3), for "of his" substitute "or his".
39.2In the heading to Part IVA omit "TRIBUNAL".
39.3In section 103B(1)(b), for "employer's" substitute "employers' ".
40.Working with Children Act 2005
In section 50(5), for "After clause 4(b)" substitute "At the end of clause 4".
41.Workplace Rights Advocate Act 2005
In section 14(1), for "its functions" substitute "his or her functions".
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SCHEDULE 2
Section 4
Repeal of Acts
| Act No. | Title of Act |
| 1900 | |
| 1703 | Inscribed Stock Judgments Act 1900 |
| 1905 | |
| 2001 | Stock and Debentures Registers Act 1905 |
| 1915 | |
| 2803 | River Murray Waters Act 1915 (No. 2) |
| 1923 | |
| 3287 | River Murray Waters Act 1923 |
| 1934 | |
| 4246 | Commonwealth and States Financial Agreement Act 1934 |
| 4268 | River Murray Waters Act 1934 |
| 1944 | |
| 5051 | Commonwealth and States Financial Agreement Act 1944 |
| 1954 | |
| 5833 | River Murray Waters Act 1954 |
| 1963 | |
| 7061 | River Murray Waters (Menindee Lakes Storage) Act 1963 |
| 1970 | |
| 7949 | River Murray Waters (Dartmouth Reservoir) Act 1970 |
| 1974 | |
| 8541 | Morwell and Mirboo Railway Removal Act 1974 |
| 8613 | Municipalities Assistance (Amendment) Act 1974 |
| Act No. | Title of Act |
| 1975 | |
| 8773 | Horse Breeding (Repeal) Act 1975 |
| 1977 | |
| 9072 | Rural Finance and Settlement Commission (Amendment) Act 1977 |
| 1978 | |
| 9248 | Community Welfare Services Act 1978 |
| 1979 | |
| 9263 | Exhibition (Amendment) Act 1979 |
| 1990 | |
| 2 | Education (Amendment) Act 1990 |
| 37 | Private Agents (Amendment) Act 1990 |
| 1991 | |
| 34 | Credit (Further Amendment) Act 1991 |
| 1993 | |
| 24 | Docklands Authority (Amendment) Act 1993 |
| 1994 | |
| 9 | Small Business Development Corporation (Amendment) Act 1994 |
| 29 | Arts Institutions (Amendment) Act 1994 |
| 98 | Gaming and Betting (Amendment) Act 1994 |
| 2000 | |
| 22 | Federal Courts (Consequential Amendments) Act 2000 |
| 45 | Appropriation (2000/2001) Act 2000 |
| 46 | Appropriation (Parliament 2000/2001) Act 2000 |
| 81 | Melbourne City Link (Miscellaneous Amendments) Act 2000 |
| Act No. | Title of Act |
| 2001 | |
| 37 | Appropriation (2001/2002) Act 2001 |
| 38 | Appropriation (Parliament 2001/2002) Act 2001 |
| 86 | Fair Trading (Unconscionable Conduct) Act 2001 |
| 2002 | |
| 1 | Road Safety (Alcohol Interlocks) Act 2002 |
| 2 | Sentencing (Amendment) Act 2002 |
| 3 | Wildlife (Amendment) Act 2002 |
| 4 | Judicial Remuneration Tribunal (Amendment) Act 2002 |
| 5 | Water (Irrigation Farm Dams) Act 2002 |
| 6 | Water (Irrigation Farm Dams) (Amendment) Act 2002 |
| 7 | Forensic Health Legislation (Amendment) Act 2002 |
| 8 | Constitution (Governor's Salary) Act 2002 |
| 9 | Corporations (Financial Services Reform Amendments) Act 2002 |
| 10 | Electricity Industry (Amendment) Act 2002 |
| 11 | Statute Law (Further Revision) Act 2002 |
| 13 | Melbourne City Link (Further Miscellaneous Amendments) Act 2002 |
| 14 | Health Practitioner Acts (Further Amendments) Act 2002 |
| 16 | Crimes (DNA Database) Act 2002 |
| 17 | Fisheries (Further Amendment) Act 2002 |
| 18 | National Crime Authority (State Provisions) (Amendment) Act 2002 |
| 19 | Racing Acts (Amendment) Act 2002 |
| 20 | Rail Corporations (Amendment) Act 2002 |
| 22 | Casino (Management Agreement) (Amendment) Act 2002 |
| 24 | Energy Legislation (Further Miscellaneous Amendments) Act 2002 |
| 25 | House Contracts Guarantee (HIH Further Amendment) Act 2002 |
| Act No. | Title of Act |
| 26 | Magistrates' Court (Amendment) Act 2002 |
| 27 | Magistrates' Court (Koori Court) Act 2002 |
| 28 | Pathology Services Accreditation (Amendment) Act 2002 |
| 29 | State Taxation Acts (Further Tax Reform) Act 2002 |
| 30 | State Taxation Legislation (Further Amendment) Act 2002 |
| 31 | Tobacco (Miscellaneous Amendments) Act 2002 |
| 32 | Transport (Further Miscellaneous Amendments) Act 2002 |
| 35 | Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 |
| 36 | Domestic Building Contracts (Conciliation and Dispute Resolution) Act 2002 |
| 37 | Environment Protection (Resource Efficiency) Act 2002 |
| 38 | Gaming Legislation (Amendment) Act 2002 |
| 39 | Liquor Control Reform (Packaged Liquor Licences) Act 2002 |
| 40 | National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 |
| 41 | Guardianship and Administration (Amendment) Act 2002 |
| 42 | Agricultural Industry Development (Further Amendment) Act 2002 |
| 43 | Juries (Amendment) Act 2002 |
| 44 | Agriculture Legislation (Amendments and Repeals) Act 2002 |
| 45 | Residential Tenancies (Amendment) Act 2002 |
| 46 | Road Safety (Responsible Driving) Act 2002 |
| 49 | Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002 |
| 50 | National Parks (Box-Ironbark and Other Parks) Act 2002 |
| 51 | Gas Industry (Residual Provisions) (Amendment) Act 2002 |
| 52 | Limitation of Actions (Amendment) Act 2002 |
| 54 | Transport (Highway Rule) Act 2002 |
| Act No. | Title of Act |
| 2003 | |
| 1 | Public Holidays and Shop Trading Reform Acts (Amendment) Act 2003 |
| 3 | Parliamentary Committees and Parliamentary Salaries and Superannuation Acts (Amendment) Act 2003 |
| 5 | Shop Trading Reform (Essential Goods Amendment) Act 2003 |
| 8 | Business Licensing Legislation (Amendment) Act 2003 |
| 9 | Control of Weapons and Firearms Acts (Search Powers) Act 2003 |
| 10 | Crimes (Property Damage and Computer Offences) Act 2003 |
| 12 | Pay-roll Tax (Maternity and Adoption Leave Exemption) Act 2003 |
| 13 | Sentencing (Amendment) Act 2003 |
| 17 | Country Fire Authority (Volunteer Protection and Community Safety) Act 2003 |
| 20 | Melbourne Cricket Ground (Amendment) Act 2003 |
| 21 | Murray-Darling Basin (Amendment) Act 2003 |
| 26 | University Acts (Amendment) Act 2003 |
| 27 | Vocational Education and Training (TAFE Qualifications) Act 2003 |
| 28 | Firearms (Trafficking and Handgun Control) Act 2003 |
| 30 | Fair Trading (Amendment) Act 2003 |
| 32 | Regional Infrastructure Development Fund (Amendment) Act 2003 |
| 33 | Summary Offences (Offensive Behaviour) Act 2003 |
| 34 | Transport (Miscellaneous Amendments) Act 2003 |
| 35 | Water (Victorian Water Trust Advisory Council) Act 2003 |
| 36 | Audit (Amendment) Act 2003 |
| 37 | Constitution (Water Authorities) Act 2003 |
| 38 | Corrections (Amendment) Act 2003 |
| Act No. | Title of Act |
| 39 | Courts Legislation (Amendment) Act 2003 |
| 41 | Estate Agents and Sale of Land Acts (Amendment) Act 2003 |
| 42 | Legal Practice (Validations) Act 2003 |
| 43 | Planning and Environment (Metropolitan Green Wedge Protection) Act 2003 |
| 44 | Road Safety (Heavy Vehicle Safety) Act 2003 |
| 47 | Victims of Crime Assistance (Miscellaneous Amendments) Act 2003 |
| 48 | Water Legislation (Essential Services Commission and Other Amendments) Act 2003 |
| 51 | Attorney-General and Solicitor-General (Amendment) Act 2003 |
| 54 | Crimes (Family Violence) (Amendment) Act 2003 |
| 56 | Fisheries (Amendment) Act 2003 |
| 57 | Livestock Disease Control (Amendment) Act 2003 |
| 58 | State Taxation Acts (Miscellaneous Amendments) Act 2003 |
| 60 | Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003 |
| 61 | Catchment and Land Protection (Amendment) Act 2003 |
| 63 | Confiscation (Amendment) Act 2003 |
| 65 | National Environment Protection Council (Victoria) (Amendment) Act 2003 |
| 66 | Constitution (Supreme Court) Act 2003 |
| 67 | Health Legislation (Amendment) Act 2003 |
| 70 | Superannuation Acts (Family Law) Act 2003 |
| 71 | Supreme Court (Vexatious Litigants) Act 2003 |
| 73 | Grain Handling and Storage (Amendment) Act 2003 |
| 74 | Heritage (Amendment) Act 2003 |
| 75 | Instruments (Enduring Powers of Attorney) Act 2003 |
| 76 | Mental Health (Amendment) Act 2003 |
| Act No. | Title of Act |
| 77 | Planning and Environment (Port of Melbourne) Act 2003 |
| 78 | Travel Agents (Amendment) Act 2003 |
| 82 | Education (Workplace Learning) Act 2003 |
| 83 | Education Legislation (Miscellaneous Amendments) Act 2003 |
| 85 | Port Services (Port Management Reform) Act 2003 |
| 86 | Royal Botanic Gardens (Amendment) Act 2003 |
| 88 | Victorian Curriculum and Assessment Authority (Amendment) Act 2003 |
| 89 | Victorian Qualifications Authority (Amendment) Act 2003 |
| 90 | Water Legislation (Amendment) Act 2003 |
| 91 | Electoral (Amendment) Act 2003 |
| 92 | Emerald Tourist Railway (Amendment) Act 2003 |
| 93 | Residential Tenancies (Amendment) Act 2003 |
| 94 | Road Safety (Amendment) Act 2003 |
| 96 | ANZAC Day (Amendment) Act 2003 |
| 97 | Forests and National Parks Acts (Amendment) Act 2003 |
| 99 | Partnership (Venture Capital Funds) Act 2003 |
| 101 | Transport (Rights and Responsibilities) Act 2003 |
| 102 | Wrongs and Other Acts (Law of Negligence) Act 2003 |
| 104 | Crimes (Money Laundering) Act 2003 |
| 105 | Crimes (Stalking) Act 2003 |
| 106 | Fair Trading (Further Amendment) Act 2003 |
| 107 | Firearms (Amendment) Act 2003 |
| 108 | Fisheries (Further Amendment) Act 2003 |
| 109 | Local Government (Democratic Reform) Act 2003 |
| 112 | Shop Trading Reform (Simplification) Act 2003 |
| 113 | State Taxation Acts (Further Miscellaneous Amendments) Act 2003 |
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Endnotes
Minister's second reading speech—
Legislative Assembly: 1 March 2006
Legislative Council: 30 May 2006
The long title for the Bill for this Act was "to revise further the Statute Law of Victoria."
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