Untitled document

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—CO-OPERATIVES ACT 1996 3

3.	Definitions	3
4.	New Division 7 of Part 2 substituted	3
Division 7—Reviews	3

29.	Review of refusal to approve disclosure statement	3
30.	Review of refusal to approve draft rules	3
31.	Review of refusal to register	4
32.	Time limit for applying for review	4

5. New sections 116, 117 and 118 substituted 4

116.	Review of refusal to approve alteration	5
117.	Review of refusal to register	5
118.	Time limit for applying for review	5

PART 3—DOMESTIC BUILDING CONTRACTS ACT 1995 6

6.	Orders of Tribunal	6
7.	Domestic Builders Fund	6

PART 4—MOTOR CAR TRADERS ACT 1986 8

8.	Insolvency amendments	8
9.	Offence of selling without roadworthy certificate	9

PART 5—PROSTITUTION CONTROL ACT 1994 10

10.	Definition of insolvent under administration	10
11.	Functions of Director of Fair Trading	11

i

Section	Page
PART 6—SECOND-HAND DEALERS AND PAWNBROKERS
ACT 1989	12

12.	Definitions	12
13.	New section 6 substituted	13

6. Eligibility for registration 13

14.	Tribunal review	15
15.	New section 10 substituted and new sections 10A and 10B
inserted	15

10.	Automatic cancellation of registration	15
10A.	Permission to be registered or to continue to be
registered	17
10B.	Conditions on permission	19

PART 7—SMALL CLAIMS ACT 1973 20

16.	Definitions and application	20
17.	Applications and exclusion of jurisdiction	20
18.	New section 17 inserted	21

17. More appropriate forum 21

19.	Tribunal orders	21
20.	Supreme Court—limitation of jurisdiction	22

PART 8—TRIBUNALS AND LICENSING AUTHORITIES

(MISCELLANEOUS AMENDMENTS) ACT 1998 23

21.	Miscellaneous amendments	23
22.	Amendments to Schedule 1	23

PART 9—VICTORIAN CIVIL AND ADMINISTRATIVE

TRIBUNAL ACT 1998 25

23. Miscellaneous amendments 25

PART 10—AMENDMENT OF OTHER ACTS CONSEQUENTIAL
ON ESTABLISHMENT OF VICTORIAN CIVIL AND

ADMINISTRATIVE TRIBUNAL 26

24.	Associations Incorporation Act 1981	26
25.	Chiropractors Registration Act 1996	26
26.	Landlord and Tenant Act 1958	28
27.	Planning and Environment Act 1987	31
28.	Private Agents Act 1966	31
29.	Public Sector Superannuation (Administration) Act 1993	32
30.	Rail Corporations (Amendment) Act 1997	32
31.	Proposed new section 228R substituted	33
228R. Tribunal reviews	33
32.	Residential Tenancies Act 1997	34

ii

Section Page

33.	Transport Accident Act 1986	34
34.	Veterinary Practice Act 1997	34

PART 11—AMENDMENT OF OTHER LICENSING ACTS 35

35.	Consumer Credit (Finance Brokers) Act 1998	35
36.	Consumer Credit (Victoria) Act 1995	35
37.	Estate Agents Act 1980	36
38.	Introduction Agents Act 1997	37
39.	Travel Agents Act 1986	39

═══════════════

NOTES 41

iii

Victoria

No. 101 of 1998

Licensing and Tribunal (Amendment)

Act 1998†

[Assented to 1 December 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the
Co-operatives Act 1996, the Domestic Building
Contracts Act 1995, the Motor Car Traders Act
1986, the Prostitution Control Act 1994, the
Second-Hand Dealers and Pawnbrokers Act
1989, the Small Claims Act 1973, the Tribunals
and Licensing Authorities (Miscellaneous

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 2

Amendments) Act 1998, the Victorian Civil and
Administrative Tribunal Act 1998 and other

Acts.

2. Commencement

(1) This Part and Part 2 come into operation on the
day on which this Act receives the Royal Assent.

(2) Part 8 and section 37(3) are deemed to have come

into operation on 1 July 1998.

(3) Subject to sub-section (4), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation before 1 July 1999 it
comes into operation on that day.

_______________
Licensing and Tribunal (Amendment) Act 1998

s. 3 Act No. 101/1998

PART 2—CO-OPERATIVES ACT 1996

No. 84/1996

as amended	3. Definitions
by Nos
43/1997,	(1) In section 4(1) of the Co-operatives Act 1996—
93/1997 and
46/1998.	(a) the definition of "Administrative Appeals Tribunal" is repealed;
(b)

after the definition of "trading co-operative" ' "Tribunal" means Victorian Civil and

Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.

(2) In section 4(1) of the Co-operatives Act 1996, in

the definition of "foreign co-operative" for
paragraph (a) substitute—
"(a) a body incorporated under the Corporations

Law; or".

4. New Division 7 of Part 2 substituted

For Division 7 of Part 2 of the Co-operatives Act

1996 substitute—

"Division 7—Reviews

29.  Review of refusal to approve disclosure statement

The person who submitted a draft disclosure statement to the Registrar under this Act may apply to the Tribunal for review of—

(a)	a decision of the Registrar to refuse to approve the statement; or
(b)	a failure of the Registrar to approve the statement.

30. Review of refusal to approve draft rules

Licensing and Tribunal (Amendment) Act 1998

s. 4
s. 5

Act No. 101/1998

The person who submitted draft rules to the
Registrar under this Act may apply to the

Tribunal for review of—

(a)	a decision of the Registrar to refuse to approve the rules; or
(b)	a failure of the Registrar to approve the rules.
31.

Review of refusal to register co-operative under this Part may apply to the Tribunal for review of—

(a)	a decision of the Registrar to refuse to register the co-operative; or
(b)	a failure of the Registrar to register the co-operative.
32.

Time limit for applying for review Division must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant for review requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or they are informed under section 46(5) of that Act that a statement of reasons will not be given.".

5.  New sections 116, 117 and 118 substituted

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998

For sections 116, 117 and 118 of the

Co-operatives Act 1996 substitute—

"116. Review of refusal to approve alteration

A co-operative may apply to the Tribunal for review of—

(a)	a decision of the Registrar to refuse to approve an alteration of its rules; or
(b)	a failure of the Registrar to approve an alteration of its rules.
117.

Review of refusal to register review of—

(a)	a decision of the Registrar to refuse to register an alteration of its rules; or
(b)	a failure of the Registrar to register an alteration of its rules.
118.

Time limit for applying for review or 117 must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) Administrative Tribunal Act 1998,
the co-operative requests a statement of

if, under the Victorian Civil and which the statement of reasons is given to the co-operative or it is informed under section 46(5) of that Act that a statement of reasons will not be given.".

_______________
Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 6

PART 3—DOMESTIC BUILDING CONTRACTS ACT 1995

6. Orders of Tribunal No. 91/1995. Reprint No. 3

After section 53(2)(b) of the Domestic Building	as at 1 July
1998.
Contracts Act 1995 insert— "(ba) order the payment of a sum of money

representing a part payment under a major
domestic building contract if—

(i)  the requirement in paragraph (b) of section 42 has been met but the requirement in paragraph (a) of that section has not; and

(ii)  the Tribunal is satisfied that the work required to complete the contract (including rectifying any defects) is minor in nature and not such as would prevent the owner from occupation and quiet enjoyment of the building;

(bb) order payment of a sum of money

representing the amount of any money in
dispute (including an amount on account of
costs) to be paid into the Domestic Builders
Fund pending the resolution of the dispute;

(bc) order payment of a sum of money to be paid

out of the Domestic Builders Fund
representing the amount of any sum paid into
the Domestic Builders Fund in accordance
with an order under paragraph (bb);".

7. Domestic Builders Fund

In section 124 of the Domestic Building
Contracts Act 1995—

Licensing and Tribunal (Amendment) Act 1998

s. 7 Act No. 101/1998

(a) after sub-section (2)(d) insert— "(da) money ordered by the Tribunal to be

paid into the Fund; and";

(b) after sub-section (3)(b) insert— "(ba) money ordered by the Tribunal to be

paid out of the Fund; and".

_______________
Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 8

PART 4—MOTOR CAR TRADERS ACT 1986

8. Insolvency amendments No. 104/1986. Reprint No. 3

(1) In section 4 of the Motor Car Traders Act	as at 1 July
1998.

1986—

(a)

after the definition of "exempt vehicle" ' "externally-administered body

corporate" has the same meaning as in

the Corporations Law;';

(b)

for the definition of "insolvent under ' "insolvent under administration"

means—

(a)	a person who is an undischarged bankrupt; or
(b)	agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of

a person for whom a debt the debt agreement has not ended or has not been terminated; or

(c) of arrangement under Part X of
the Bankruptcy Act 1966 of the
Commonwealth (or the
corresponding provisions of the

a person who has executed a deed terms of the deed have not been fully complied with; or

(d) a person whose creditors have accepted a composition under

Licensing and Tribunal (Amendment) Act 1998

s. 9 Act No. 101/1998

Part X of the Bankruptcy Act
1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
a final payment has not been made

under that composition;'.

(2) In the Motor Car Traders Act 1986—

(a)

in section 13(6)(ba) for "externally "externally-administered body corporate";

(b) in sections 28(1)(b) and 33(1)(d) omit "within the meaning of the Corporations Law".

9. Offence of selling without roadworthy certificate

In section 42A of the Motor Car Traders Act
1986 for sub-section (1) substitute—

"(1) A person must not sell a motor car that is

registered under the Road Safety Act 1986

unless—

(a)	the person gives the buyer of the car a current certificate of roadworthiness in relation to the car; or
(b)

if the person is required under the Road that Act to send a current certificate of roadworthiness in relation to the car to the Roads Corporation, the person gives the buyer a copy of that certificate.

Penalty: 50 penalty units.".

_______________
Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 10

PART 5—PROSTITUTION CONTROL ACT 1994

10. Definition of insolvent under administration No. 102/1994. Reprint No. 3

(1) In section 3 of the Prostitution Control Act	as at 1 July
1998.

1994, after the definition of "hospital" insert— ' "insolvent under administration" means—

(a)	a person who is an undischarged bankrupt; or
(b)	a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated; or
(c)	a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or
(d)	a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding

a person whose creditors have accepted jurisdiction) if a final payment has not been made under that composition;'.

(2) After section 37(3) of the Prostitution Control

Act 1994 insert—
'(4) Sub-section (1)(f) applies to a person who is

an insolvent under administration within the

Licensing and Tribunal (Amendment) Act 1998

s. 11 Act No. 101/1998

meaning of paragraph (b) of the definition of "insolvent under administration" in section 3 only if the person became an insolvent under administration within the meaning of that

paragraph on or after the commencement of
section 10 of the Licensing and Tribunal

(Amendment) Act 1998.'.

11. Functions of Director of Fair Trading

(1) After section 26(c) of the Prostitution Control

Act 1994 insert—
"(d) any other functions conferred on him or her

by or under this Act.".

(2) In section 36 of the Prostitution Control Act

1994 for sub-section (5) substitute—

"(5) The Director of Fair Trading may report to

the Authority on any matter he or she
considers relevant in respect of an
application for a licence.

(6) A report under sub-section (4) or (5) may include recommendations.".

(3) In the Prostitution Control Act 1994—

(a)	in section 40(2)(c) after "police force" insert "or the Director of Fair Trading";
(b)	in sections 47(3) and 48(1) before "Chief Commissioner" insert "Director of Fair Trading, the";
(c)

in section 53(3) before "Chief Trading or the";

(d)

in sections 54(1) before "Chief Trading, the".

_______________
Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 12

PART 6—SECOND-HAND DEALERS AND PAWNBROKERS

ACT 1989

12. Definitions No. 54/1989. Reprint No. 3

In section 3(1) of the Second-Hand Dealers and	as at 1 July
1998.
Pawnbrokers Act 1989—
(a)

for paragraph (a) of the definition of "(a) a spouse or de facto spouse of the

person, other than a spouse or de facto

spouse—

(i) involved in the person's business

who is not, and has never been, pawnbroker; or

(ii)  who will not be involved in the person's proposed business as a second-hand dealer or

pawnbroker; or";

(b)

for the definition of "externally-administered ' "externally-administered body

corporate" has the same meaning as in

the Corporations Law;';

(c)

for the definition of "insolvent under ' "insolvent under administration"

means—

(a)	a person who is an undischarged bankrupt; or
(b)

a person for whom a debt Part IX of the Bankruptcy Act

Licensing and Tribunal (Amendment) Act 1998

s. 13 Act No. 101/1998

1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if

the debt agreement has not ended

or has not been terminated; or

(c) of arrangement under Part X of
the Bankruptcy Act 1966 of the
Commonwealth (or the
corresponding provisions of the

a person who has executed a deed terms of the deed have not been fully complied with; or

(d)	a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or
the corresponding provisions of the law of another jurisdiction) if a final payment has not been made under that composition;'.

13. New section 6 substituted

For section 6 of the Second-Hand Dealers and
Pawnbrokers Act 1989 substitute—
"6. Eligibility for registration

(1) A person is not eligible to be registered

under this Part if—

(a)	the person or, if the person is a body corporate, a director of the person, is a represented person within the meaning of the Guardianship and Administration Act 1986; or
(b)	the person is an insolvent under administration or an externally- administered body corporate.

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 13

(2) Unless a person obtains the Authority's

permission under section 10A, the person is
not eligible to be registered under this Part
if—

(a) or, if the person is a body corporate, a
director or an associate of a director of
the person has, within the preceding

the person or an associate of the person convicted or found guilty of a disqualifying offence; or

(b) the person or an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person has carried on any occupation, profession or business that is regulated under any enactment of Victoria or of the Commonwealth or of another State or a Territory of Australia and under that enactment—

(i)	the person's licence, registration or permission to carry on that occupation, profession or business is suspended; or
(ii)	or permission to carry on that occupation, profession or business

the person's licence, registration the preceding 5 years; or

(iii) carrying on that occupation,

the person is disqualified from so disqualified at any time in the preceding 5 years; or

(c) an associate of the person or, if the person is a body corporate, a director or

Licensing and Tribunal (Amendment) Act 1998

s. 14	Act No. 101/1998
an associate of a director of the person is an insolvent under administration or an externally-administered body
corporate.".

14. Tribunal review

In section 9B of the Second-Hand Dealers and
Pawnbrokers Act 1989 for sub-section (1)
substitute—

"(1) A person whose interests are affected by a

decision of the Authority—

(a)	in respect of an application for registration under this Part; or
(b)	in respect of an application for permission under section 10A; or
(c)	to impose, vary or revoke a condition of a permission—

may apply to the Tribunal for review of the
decision.".

15.  New section 10 substituted and new sections 10A and 10B inserted

For section 10 of the Second-Hand Dealers and
Pawnbrokers Act 1989 substitute—
"10. Automatic cancellation of registration

(1) A person's registration under this Part is automatically cancelled if—

(a)	the person or, if the person is a body corporate, a director of the person, becomes a represented person within the meaning of the Guardianship and Administration Act 1986; or
(b)

the person becomes an insolvent under administered body corporate.

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 15

(2) Subject to sub-section (4), a person's

registration under this Part is automatically
cancelled 30 days after—

(a)	the person or an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person is convicted or found guilty of a disqualifying offence; or
(b)	the person or an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person—

(i) profession or business that is
regulated under any enactment of

carries on any occupation, or of another State or a Territory of Australia; and

(ii) licence, registration or permission
to carry on that occupation,
profession or business suspended
or cancelled or is otherwise
disqualified from carrying on that

under that enactment has a business; or

(c) an associate of the person or, if the person is a body corporate, a director or an associate of a director of the person becomes an insolvent under administration or an externally- administered body corporate.

(3) For the purposes of sub-section (2)(a), a

conviction or finding of guilt takes effect at the conclusion of the proceedings, whether

Licensing and Tribunal (Amendment) Act 1998

s. 15 Act No. 101/1998

on appeal or otherwise, or at the end of any

appeal period, whichever is the later.

(4) If a person whose registration would

otherwise be cancelled by sub-section (2) applies for permission under section 10A within the 30 day period referred to in that

sub-section, the person's registration is only automatically cancelled if the application is withdrawn or refused by the Authority.

10A. Permission to be registered or to continue

to be registered

(1) A person who would otherwise be ineligible to be registered because of section 6(2) may apply to the Authority for permission to be

registered.

(2) A person whose registration would otherwise

be cancelled by section 10(2) may apply to the Authority for permission to continue to be registered.

(3) An application for permission must be—

(a)	in a form approved by the Authority; and
(b)	accompanied by a fee of $150 or any other fee that is prescribed.

(4) The Authority may give its permission if it is

satisfied—

(a)	that it is not contrary to the public interest for it to do so; and
(b)	registration, or would have their registration cancelled, by reason of a suspension, cancellation or

if the person is ineligible for occupation, profession or business, that

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998	s. 15
special circumstances led to the suspension, cancellation or disqualification; and
(c)	if the person is ineligible for registration, or would have their registration cancelled, by reason of a conviction or finding of guilt of a disqualifying offence, that—
(i)	conduct carried out by the

the offence was not related to (A) while engaging in the

business of a second-hand

dealer or pawnbroker; or

(B) as a director of a body

corporate that engages in the
business of a second-hand
dealer or pawnbroker; and

(ii)  special circumstances led to the offence.

(5) In considering an application under this section, the Authority may—

(a) conduct any inquiries it thinks fit;

(b)	require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;
(c)	seek advice and information on the application from any other person or body as it thinks fit.

(6) The Authority may refuse to give permission

if the applicant does not provide the further
information required within a reasonable
time of the requirement being made.

Licensing and Tribunal (Amendment) Act 1998

s. 15 Act No. 101/1998

(7) The Authority is not required to conduct a

hearing to determine whether or not to give
permission.

10B. Conditions on permission

(1) In giving permission under section 10A, the Authority may impose any conditions it considers appropriate to ensure the ongoing protection of the public interest.

(2) The Authority may at any time impose

conditions in respect of the permission or vary or revoke any conditions previously imposed.

(3) A person to whom permission has been given must comply with any conditions imposed in respect of the permission.

Penalty: 100 penalty units.".

_______________
Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 16

PART 7—SMALL CLAIMS ACT 1973

16. Definitions and application No. 8486.
Reprint No. 5

(1) In section 2(1) of the Small Claims Act 1973—	as at 1 July
1998.

(a)

in the definitions of "applicant" and "small "customer";

(b)

after the definition of "contract of insurance" ' "customer" means a person—

(a) who buys or hires goods; or

(b)	to whom services are provided for fee or reward; or
(c)	who enters a contract of insurance as the insured party;';

(c) the definitions of "consumer" and "residential corporation" are repealed.

(2) In section 2(3B) of the Small Claims Act 1973 after "Tribunal" insert "or the Tribunal".

17. Applications and exclusion of jurisdiction

In the Small Claims Act 1973—

(a) in sections 14 and 16(1) for "consumer" (wherever occurring) substitute "customer";

(b) at the end of section 16(1)(b) insert—

"; or

(c) the Tribunal refers the proceeding to that court or tribunal under section 77 of the Victorian Civil and Administrative Tribunal Act 1998.".

Licensing and Tribunal (Amendment) Act 1998

s. 18 Act No. 101/1998

18. New section 17 inserted

After section 16 of the Small Claims Act 1973
insert—
"17. More appropriate forum

(1) If a proceeding in respect of a small claim is

brought in a court, the court may stay the
proceeding on application by the defendant,
if—

(a) matter of the proceeding would be more

the court is satisfied that the subject Tribunal; and

(b) having regard to the likely costs and duration of the proceeding and any other matters the court considers relevant, the court is satisfied that the interests of the plaintiff would not be materially disadvantaged by granting the stay.

(2) An application under sub-section (1) must be made before the defendant files a defence in the proceeding.".

19. Tribunal orders

(1) In section 18(a) and (b) of the Small Claims Act 1973 omit "(other than the applicant)".

(2) At the end of section 19 of the Small Claims Act

1973 insert—
"(2) Sub-section (1) does not apply to an order of

the Tribunal in a proceeding if the parties to
the proceeding otherwise consent in
writing.".

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 20

20. Supreme Court—limitation of jurisdiction

Section 39A of the Small Claims Act 1973 is repealed.

_______________
Licensing and Tribunal (Amendment) Act 1998

s. 21 Act No. 101/1998

PART 8—TRIBUNALS AND LICENSING AUTHORITIES

(MISCELLANEOUS AMENDMENTS) ACT 1998

No. 52/1998. 21. Miscellaneous amendments

In the Tribunals and Licensing Authorities

(Miscellaneous Amendments) Act 1998—

(a) in section 12, in new section 27(2) omit "licence";

(b) in section 15—

(i)  in new section 30(3)(d) after "1984" insert "or an undertaking given by a credit provider under section 26 of this

Act";

(c) in section 218, sub-section (2) is repealed; in new section 30(4)(b) for "Credit Fund";

(ii) 

(d) in section 309, in new section 22(2)(b) for "made" substitute "lodged".

22. Amendments to Schedule 1

(1) In Schedule 1 to the Tribunals and Licensing

Authorities (Miscellaneous Amendments) Act
1998—

(a) in item 1.12 for "paragraph" substitute "sub- sections";

(b) in item 2.3—

(i) for "(6)" substitute "(5)"; (ii) for "(7)" substitute "(6)";

(c) in item 16.2 for "(5)" (where first occurring) substitute "(4A)";

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 22

(d)	in item 26, in paragraph (a), for "After section 2(3B)" substitute "At the end of section 2";
(e)	in item 29.5 for "(5)" (where first occurring) substitute "(4A)";

(f) in item 38.3 for "(6)" substitute "(5A)";

(g)	in item 47.6 for "dispute" substitute "disputed";
(h)	in item 47.9, in new section 85(1) omit "that";

(i) item 56 is repealed;

(j) in item 64.10 for "(5)" (where first occurring) substitute "(4A)";

(k) in item 73.4 for "(3)" substitute "(4)"; (l) in item 80.3 for "33" substitute "32";

(m) for item 88.1 substitute—

"88.1 In section 112(3) for "tax" substitute "assess";

(n)	in item 95.5(c) after ' "under this section" ' insert "(where twice occurring)";
(o)	in item 96.15 for "sections 162(2)(g) and 166(3)(f)" substitute "section 162(2)(g)";

(p) in item 105.4 for paragraph (a) substitute—

'(a) in sub-section (1)—

(i) for "Administrative Appeals Tribunal"
substitute "Tribunal";

(ii) omit "and section 74(1) of the Water Industry Act 1994";';

(q) in item 105.45 omit "in accordance with Part III".

_______________
Licensing and Tribunal (Amendment) Act 1998

s. 23 Act No. 101/1998

PART 9—VICTORIAN CIVIL AND ADMINISTRATIVE

TRIBUNAL ACT 1998

No. 53/1998. 23. Miscellaneous amendments

In the Victorian Civil and Administrative

Tribunal Act 1998—

(a) in section 72—

(i) in sub-section (2)(b) omit
"presidential";

(ii) (iii) in sub-section (4) omit "presidential"; in sub-section (3) for "presidential legal practitioner";

(b) in Schedule 1—

(i)  in clause 2, in paragraph (g) of the definition of "planning enactment", after "sections" insert "36,";

(ii)  in clause 31(1) for "Section 64(2)" substitute "Section 64(2)(a)".

_______________
Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 24

PART 10—AMENDMENT OF OTHER ACTS
CONSEQUENTIAL ON ESTABLISHMENT OF VICTORIAN

CIVIL AND ADMINISTRATIVE TRIBUNAL

24. Associations Incorporation Act 1981 No. 9713.
Reprint No. 4

(1) In section 3(1) of the Associations Incorporation	as at 1 July
1998.

Act 1981—

(a)	the definition of "Administrative Appeals Tribunal" is repealed;
(b)

after the definition of "transparency" ' "Tribunal" means Victorian Civil and

Administrative Tribunal established by
the Victorian Civil and

Administrative Tribunal Act 1998;'.

(2) In the Associations Incorporation Act 1981—

(a) in sections 7(4) and 10(4C), for "appeal to the Administrative Appeals Tribunal against the decision" substitute "apply to the Tribunal for review of the decision";

(b) in section 31AB—

(i) Administrative Appeals Tribunal

in sub-section (4) for "appeal to the Tribunal for review of";

(ii) (iii) sub-section (6) is repealed. in sub-section (5) for "appeal must be review must be made";

No. 63/1996

25. Chiropractors Registration Act 1996 as amended
by Nos

(1) In the Chiropractors Registration Act 1996— 12/1998 and
46/1998.

(a) in section 3 the definition of "Administrative

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998

Appeals Tribunal" is repealed;

(b) "ADMINISTRATIVE APPEALS
TRIBUNAL" substitute "VICTORIAN

in the heading to Part 4 for TRIBUNAL";

(c) in section 56—

(i) section 27 of the Administrative
Appeals Tribunal Act 1984 a person
may apply to the Administrative
Appeals Tribunal" substitute "A

in sub-section (1) for "Without limiting and Administrative Tribunal";

(ii)  in sub-section (2) after "decision" insert ", finding".

(2) In section 56 of the Chiropractors Registration

Act 1996 for sub-section (3) substitute—
"(3) If a finding has been made at a formal

hearing under Part 3 but no final
determination has been made at that hearing,
an application for review under this section
can only be made with the leave of the

Tribunal.".

(3) In section 57 of the Chiropractors Registration

Act 1996—

(a)	for "Administrative Appeals Tribunal" (where first occurring) substitute "Victorian Civil and Administrative Tribunal";
(b)	for "Administrative Appeals Tribunal" (where secondly occurring) substitute "Tribunal".

Licensing and Tribunal (Amendment) Act 1998

s. 26
s. 26

Act No. 101/1998

26. Landlord and Tenant Act 1958 No. 6285.
Reprint No. 7

(1) In section 43(1) of the Landlord and Tenant Act as at 14 July

1958—

1997. Further amended by Nos 109/1997

(a) in the definition of "Board" omit "and

includes the Residential Tenancies
Tribunal";

and 46/1998.

(b)

after the definition of "tax" insert— ' "Tribunal" means Victorian Civil and

Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.

(2) In section 51A of the Landlord and Tenant Act

1958 for sub-section (1) substitute—
"(1) A function or power of a Board under this

Division may be performed or exercised by the Tribunal.".

(3) In section 51A(2) of the Landlord and Tenant Act 1958 for "Residential Tenancies Tribunal" substitute "Tribunal".

(4) In section 82(3) of the Landlord and Tenant Act

1958—

(a)	for "take proceedings in any court of competent jurisdiction" substitute "apply to the Tribunal";
(b)	for "taking the proceedings" substitute "making the application";

(5) In section 82 of the Landlord and Tenant Act 1958 for sub-section (3A) substitute—

"(3A) For the purposes of an application under sub-

section (3), the Tribunal may exercise any
powers conferred on it by Part 11 of the
Residential Tenancies Act 1997 to the

Licensing and Tribunal (Amendment) Act 1998

s. 26 Act No. 101/1998

extent that those powers are consistent with

this Division.".

(6) In the Landlord and Tenant Act 1958—

(a)	in section 82 sub-sections (3B) and (5) are repealed;
(b)

in section 82(4) for paragraph (c) "(c) by substituted service in accordance

with an order of the Tribunal—";

(c) in section 86(2) and 87(2) for "court" (wherever occurring) substitute "Tribunal";

(d) in section 88(1)—

(i)  after "any court" insert "or in the Tribunal";

(ii)  after "the court" (where twice occurring) insert "or the Tribunal";

(iii)  for "a court of competent jurisdiction" substitute "the Tribunal".

(e) in section 88(2) for "a court" substitute "the Tribunal";

(f) after section 88 omit "Competent Courts";
(g) section 89 is repealed;

(h) in section 92—

(i) for "proceedings" substitute
"application";

(ii)  for "the court" (wherever occurring) substitute "the Tribunal";

(i)  in section 93 for "the court" (wherever occurring) substitute "the Tribunal";

(j) section 94 is repealed;

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 26

(k) in section 95 for "the court" (wherever occurring) substitute "the Tribunal";

(l) in section 96—

(i)

in sub-section (1) for "proper officer of registrar of the Tribunal";

(ii)

in sub-section (1) for "the court" (where Tribunal";

(iii)

in sub-sections (2) and (3) for "the "the Tribunal";

(m) section 98 is repealed;

(n) in section 99 omit "an order made under this Division or";

(o) in section 100—

(i)  for "the court which made the order" substitute "the Tribunal";

(ii)  for "the court" (where secondly occurring) substitute "the Tribunal";

(iii)  for "judgment of the court" substitute "order of the Tribunal";

(p) in section 101—

(i)  in sub-section (1) after "appropriate court" insert "or tribunal";

(ii)

in sub-section (4) for "the appropriate court or tribunal";

(iii)  in sub-section (4)(a) for "a court" substitute "the Tribunal";

(iv)  in sub-section (4)(a) for "that court" substitute "the Tribunal";

Licensing and Tribunal (Amendment) Act 1998

s. 27 Act No. 101/1998

(q) section 102 is repealed;

(r) in section 107(1) for "the court" substitute "the Tribunal".

No. 45/1987.	27. Planning and Environment Act 1987
Reprint No. 5
as at 1 July

1998. In section 82B(4) of the Planning and Environment Act 1987 for "appeal" substitute "apply for review".

No. 7494.	28. Private Agents Act 1966
Reprint No. 7
as at
19 February	(1) In section 42A of the Private Agents Act 1966
1998. Further	for sub-section (1) substitute—
amended by
No. 46/1998.	"(1) A person whose interests are affected by a 19K may apply to the Victorian Civil and decision of the registrar under section 19G or decision.
(1A) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.".

(2) In section 42A(2) of the Private Agents Act 1966 for "Administrative Appeals Tribunal" substitute "Victorian Civil and Administrative Tribunal".

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 30

29. Public Sector Superannuation (Administration) Act No. 110/1993.

1993 Reprint No. 1
as at

In section 45 of the Public Sector

20 February 1998. Further

Superannuation (Administration) Act 1993 for

amended by

sub-section (2) substitute—

Nos 50/1997,

43/1998,

46/1998 and

"(2) A person whose interests are affected by a

decision of the Board may apply to the
Victorian Civil and Administrative Tribunal
for review of the decision.

52/1998.

(3) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.".

30. Rail Corporations (Amendment) Act 1997 No. 104/1997.

In section 36 of the Rail Corporations
(Amendment) Act 1997, in proposed new section
221A for sub-section (9) substitute—

"(9) An authorized person may apply to the

Tribunal for review of a decision of the or her authorisation.

(10) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998,

Licensing and Tribunal (Amendment) Act 1998

s. 31	Act No. 101/1998
statement of reasons for the decision, the day on which the statement of reasons is given to the authorized person or the authorized person is informed under section 46(5) of that
the authorized person requests a be given.".

31. Proposed new section 228R substituted

In section 37 of the Rail Corporations
(Amendment) Act 1997, for proposed new

section 228R substitute—

"228R. Tribunal reviews

(1) A passenger transport company may apply to

the Tribunal for review of a decision of the
Secretary under this Division in relation to—

(a) an application for accreditation or renewal of accreditation; or

(b) an accreditation; or

(c) a passenger transport company that is, or has been, accredited under this Division.

(2) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) Administrative Tribunal Act 1998,

if, under the Victorian Civil and requests a statement of reasons for the decision, the day on which the statement of reasons is given to the passenger transport company or it is informed under section 46(5) of that

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998	s. 33
Act that a statement of reasons will not be given.".

32. Residential Tenancies Act 1997 No. 109/1997. Reprint No. 1

In section 330(1)(c) of the Residential Tenancies	as at 1 July
1998.
Act 1997 for "section 327" substitute "section 72 of the Victorian Civil and Administrative Tribunal Act 1998".

33. Transport Accident Act 1986 No. 111/1986. Reprint No. 5

In section 77 of the Transport Accident Act	as at 19 May 1998. Further
1986 sub-section (2A) is repealed.	amended by Nos 46/1998
and 52/1998.
No. 58/1997

34. Veterinary Practice Act 1997 as amended
by Nos

In the Veterinary Practice Act 1997—	46/1998 and 52/1998.
(a)	in section 3 the definition of "Administrative Appeals Tribunal" is repealed;
(b)	"ADMINISTRATIVE APPEALS TRIBUNAL" substitute "VICTORIAN

in the heading to Part 4 for TRIBUNAL".

_______________
Licensing and Tribunal (Amendment) Act 1998

s. 35 Act No. 101/1998

PART 11—AMENDMENT OF OTHER LICENSING ACTS

35. Consumer Credit (Finance Brokers) Act 1998

Section 5 of the Consumer Credit (Finance

Brokers) Act 1998 is repealed.

No. 41/1995.	36. Consumer Credit (Victoria) Act 1995
Reprint No. 1
as at 1 July

1998.   (1) In section 3(1) of the Consumer Credit

(Victoria) Act 1995 after the definition of
"exempt credit provider" insert—

' "externally-administered body corporate" has

the same meaning as in the Corporations

Law;

"insolvent under administration" means—

(a)	a person who is an undischarged bankrupt; or
(b)	a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated; or
(c)	a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or
(d)	a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998	s. 37
provisions of the law of another jurisdiction) if a final payment has not been made under that composition;'.

(2) In section 30(3) of the Consumer Credit

(Victoria) Act 1995 for paragraph (h)
substitute—

"(h) has become an externally-administered body

corporate; or".

37. Estate Agents Act 1980 No. 9428.
Reprint No. 6

(1) In section 4 of the Estate Agents Act 1980—	as at 1 July
1998.

(a)

for the definition of "externally-administered ' "externally-administered body

corporate" has the same meaning as in

the Corporations Law;';

(b)

for the definition of "insolvent under ' "insolvent under administration"

means—

(a)	a person who is an undischarged bankrupt; or
(b)	agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of

a person for whom a debt the debt agreement has not ended or has not been terminated; or

(c) of arrangement under Part X of
the Bankruptcy Act 1966 of the

a person who has executed a deed corresponding provisions of the

Licensing and Tribunal (Amendment) Act 1998

s. 38 Act No. 101/1998

law of another jurisdiction) if the
terms of the deed have not been

fully complied with; or

(d) accepted a composition under Part
X of the Bankruptcy Act 1966 of
the Commonwealth (or the
corresponding provisions of the

a person whose creditors have final payment has not been made under that composition;'.

(2) In sections 14(5)(d), 22(1)(b) and 31E(1)(d) of the

Estate Agents Act 1980 for "externally-
administered corporation" substitute "externally-
administered body corporate".

(3) In section 22(3) of the Estate Agents Act 1980 for "Tribunal" substitute "Authority".

No. 75/1997.	38. Introduction Agents Act 1997
Reprint No. 1
as at
1 July 1998.	(1) In section 14 of the Introduction Agents Act

1997—

(a)

in sub-section (2)(c) for "externally "externally-administered body corporate";

(b) "externally administered corporation" and
"insolvent under administration"

in sub-section (3) for the definitions of ' "externally-administered body

corporate" has the same meaning as in

the Corporations Law;

"insolvent under administration" means—

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998	s. 38
(a)	a person who is an undischarged bankrupt; or
(b)	agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of

a person for whom a debt the debt agreement has not ended or has not been terminated; or

(c) of arrangement under Part X of
the Bankruptcy Act 1966 of the
Commonwealth (or the
corresponding provisions of the

a person who has executed a deed terms of the deed have not been fully complied with; or

(d)	a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or
the corresponding provisions of the law of another jurisdiction) if a final payment has not been made under that composition;'.

(2) After section 14(3) of the Introduction Agents

Act 1997 insert—
"(4) Sub-section (1)(b) applies to a person who is

an insolvent under administration within the meaning of paragraph (b) of the definition of "insolvent under administration" in sub-
section (3) only if the person became an
insolvent under administration within the
meaning of that paragraph on or after the
commencement of section 38 of the

Licensing and Tribunal (Amendment) Act 1998

s. 39 Act No. 101/1998

Licensing and Tribunal (Amendment) Act
1998.".

(3) In section 15(1)(c) of the Introduction Agents

Act 1997 for "the regulations" substitute "the
Authority".

No. 52/1986.	39. Travel Agents Act 1986
Reprint No. 2
as at 1 July

1998. In the Travel Agents Act 1986—

(a)

in section 3(1) after the definition of ' "insolvent under administration"

means—

(a)	a person who is an undischarged bankrupt; or
(b)	agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of

a person for whom a debt the debt agreement has not ended or has not been terminated; or

(c) of arrangement under Part X of
the Bankruptcy Act 1966 of the
Commonwealth (or the
corresponding provisions of the

a person who has executed a deed terms of the deed have not been fully complied with; or

(d)	a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or
the corresponding provisions of the law of another jurisdiction) if

Licensing and Tribunal (Amendment) Act 1998

Act No. 101/1998 s. 39

a final payment has not been made

under that composition;';

(b)	in section 8(2)(b) after "body corporate" (where secondly occurring) insert "or, if the body corporate has only one director, by that director";
(c)	in section 13(1)(a) for "Minister" substitute "Authority";
(d)	administered corporation" substitute "externally-administered body corporate

in section 16A(b) for "externally Law".

═══════════════
Licensing and Tribunal (Amendment) Act 1998

Notes Act No. 101/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 22 October 1998

Legislative Council: 12 November 1998

The long title for the Bill for this Act was "to amend the Co-operatives Act 1996, the Domestic Building Contracts Act 1995, the Motor Car Traders Act 1986, the Prostitution Control Act 1994, the Second-

Hand Dealers and Pawnbrokers Act 1989, the Small Claims Act 1973,
the Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998, the Victorian Civil and Administrative
Tribunal Act 1998 and other Acts and for other purposes."