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Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1
2. Commencement 2

PART 2—AUDIT ACT 1994 3

3. Directors 3

PART 3—CHILDREN AND YOUNG PERSONS ACT 1989 4

4. New section 12A inserted 4

12A. Acting Children's Court Senior Magistrate 4

5. New section 13 substituted and section 13A inserted 5

13. Assignment of duties 5
13A. Delegation by the Chief Magistrate 5

PART 4—CONFISCATION ACT 1997 6

6. Principal Act 6
7. Definition 6
8. Related offences 6
9. Dealing with property 6
10. Undertaking for payment of damages or costs 6
11. Restraining order application 6
12. Exclusion from restraining order—automatic forfeiture offence 7
13. Restraining orders—further orders 7
14. Duration of restraining order 7
15. State to pay restitution and compensation 8
16. Application for civil forfeiture 8
17. Disposal of forfeited property 9
18. Notification of discharge of forfeiture order or automatic
forfeiture 10
19. Exclusion from forfeiture order 10
20. Exclusion from civil forfeiture order 10
21. Buying back interest in forfeited property 10
22. Application for pecuniary penalty order—civil forfeiture offence 11

i

Section Page

23. Pecuniary penalty order—civil forfeiture offence 11
24. Assessment of benefits 11
25. Charge on property subject to restraining order 11
26. Embargo notices 12
27. Examination orders 12
28. Production orders 12
29. Compliance with production order 13
30. Reports of suspect transactions 13
31. Registration of interstate orders and warrants 13
32. New section 133A inserted 13
133A. Costs 13
33. Section 135 substituted 15

135. Conversion costs 15

34. Appeals 15
35. Information obtained under Road Safety Act 15

155. Road Safety Act 1986 15

36. Forfeiture of property 16
37. Amendment of transitional provision 17
38. Forfeiture offences 18
39. Statute law revision 19
PART 5—CRIMES (MENTAL IMPAIRMENT AND UNFITNESS

TO BE TRIED) ACT 1997 AND OTHER ACTS 21

40. Section 71 and Schedule 3 21
41. Consequential amendment of Mental Health Act 1986 21
42. Consequential amendment of superannuation Acts 22

PART 6—GAMING MACHINE CONTROL ACT 1991 23

43. Amendment of Part 9 23

PART 7—GAMING NO. 2 ACT 1997 24

44. Bingo employees 24

PART 8—MAGISTRATES' COURT ACT 1989 25

45. New section 13 substituted and section 13A inserted 25

13. Assignment of duties 25
13A. Delegation by the Chief Magistrate 25

46. PERIN warrant issue fees 25

PART 9—PORT SERVICES ACT 1995 27

47. Increase in size of Board of Melbourne Port Corporation 27

ii

Section Page
PART 10—PUBLIC SECTOR SUPERANNUATION

(ADMINISTRATION) ACT 1993 AND OTHER ACTS 28

48. Transfer of LASF 28

68B. Provisions relating to LASF 28

49. Local Authorities Superannuation Act 1988 29
50. Borrowing and Investment Powers Act 1987 29

PART 11—WILLS ACT 1997 30

51. Principal Act 30
52. Revocation of wills 30
53. Order to be attached to will 30
54. Evidence which is admissible 30
55. Dispositions not to fail because issue have died before the
testator 30
56. Referring to a valuation 31
57. Transitional provisions 31
58. Substitution of section 60 31

60. Insertion of new Part IVA 31

═══════════════

NOTES 33

iii

Victoria

No. 43 of 1998

Miscellaneous Acts (Omnibus No. 1) Act

1998†

[Assented to 26 May 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose
The purpose of this Act is to make certain
amendments to the Audit Act 1994, the Children
and Young Persons Act 1989, the Confiscation
Act 1997, the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, the Gaming
Machine Control Act 1991, the Gaming No. 2
Act 1997, the Magistrates' Court Act 1989, the

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 2
Port Services Act 1995, the Public Sector
Superannuation (Administration) Act 1993 and
the Wills Act 1997.

2. Commencement

(1) Subject to this section, this Act comes into

operation on the day on which it receives the
Royal Assent.
(2) Part 2 is deemed to have come into operation on 16 December 1997.
(3) Part 5 is deemed to have come into operation on 18 April 1998.
(4) Part 10 comes into operation on 1 July 1998.
(5) Section 58 comes into operation on the day on
which Part 7 of the Wills Act 1997 comes into
operation.

_______________
Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 3	Act No. 43/1998

PART 2—AUDIT ACT 1994

3. Directors
(1) In section 7F of the Audit Act 1994, for sub-
section (2) substitute—
"(2) At least 75 per cent of the directors must be
persons who are members of the Australian Society of Certified Practising Accountants or the Institute of Chartered Accountants in Australia.".

(2) In section 7F of the Audit Act 1994, sub-section (5) is repealed.

_______________
Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 4

PART 3—CHILDREN AND YOUNG PERSONS ACT 1989

4. New section 12A inserted

After section 12 of the Children and Young

No. 56/1989. Reprint No. 4

Persons Act 1989 insert—

as at 26 June 1997. Further

"12A. Acting Children's Court Senior Magistrate

amended by Nos 69/1992,

(1) The Governor in Council may appoint a magistrate nominated by the Chief

43/1996, 53/1996,
4/1997 and

Magistrate to be Acting Children's Court 48/1997.
Senior Magistrate during any period when—

(a)

there is a vacancy in the office of the Children's Court Senior Magistrate; or

(b)

the Children's Court Senior Magistrate is absent on leave or for any reason is temporarily unable to perform the
duties of the office of Children's Court
Senior Magistrate.

(2) The Chief Magistrate or a magistrate
nominated by the Chief Magistrate shall act
as Children's Court Senior Magistrate if
there is—

(a)

a vacancy in the office of the Children's Court Senior Magistrate; or

(b)

a period when the Children's Court Senior Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Children's Court Senior Magistrate—
and the Governor in Council has not
appointed an Acting Children's Court Senior
Magistrate under sub-section (1).
(3) The Chief Magistrate or a magistrate
nominated by the Chief Magistrate shall not act under sub-section (2) as Children's Court

Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 5	Act No. 43/1998

Senior Magistrate for a term exceeding
3 months.
(4) A magistrate who is appointed as Acting Children's Court Senior Magistrate under sub-section (1) or who acts as Children's Court Senior Magistrate under sub-section
(2) has, during the period of the appointment
or the period of acting as Children's Court
Senior Magistrate, the same powers and
duties as the Children's Court Senior
Magistrate.".

5. New section 13 substituted and section 13A inserted
For section 13 of the Children and Young
Persons Act 1989 substitute—
"13. Assignment of duties
(1) The Chief Magistrate may assign duties to a magistrate for the Court.
(2) A magistrate for the Court must carry out the

duties that are from time to time assigned to
him or her by the Chief Magistrate.

13A. Delegation by the Chief Magistrate
The Chief Magistrate, by instrument, may delegate to any magistrate for the Court any of his or her powers under sections 10 and

13. ".
_______________

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 6

PART 4—CONFISCATION ACT 1997

6. Principal Act

In this Part, the Confiscation Act 1997 is called No. 108/1997.
the Principal Act.

7. Definition
In section 3 of the Principal Act, in the definition
of "unlawful activity", after "country" insert
"punishable by imprisonment".

8. Related offences
In section 8 of the Principal Act, for "the elements of the two offences are substantially the same acts or omissions" substitute "they are founded on the same facts or form or are part of a series of
offences of the same or a similar character".

9. Dealing with property
In section 11 of the Principal Act, after paragraph
(d) insert—
"; and

(e)

using the property to obtain or extend credit; and
(f) using credit secured against the property.".

10. Undertaking for payment of damages or costs
In section 14(7) of the Principal Act, after "body" insert "on behalf of the State".

11. Restraining order application
In section 18 of the Principal Act, omit "either".

Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 12

Act No. 43/1998

12. Exclusion from restraining order—automatic
forfeiture offence
In section 22(c)(ii) of the Principal Act, for "the
applicant has a reasonable belief" substitute
"there are reasonable grounds to believe".

13. Restraining orders—further orders
In section 26(2) of the Principal Act, after
paragraph (d) insert—
"(da) a prescribed person, or a person belonging to
a prescribed class of persons; or".

14. Duration of restraining order
(1) In section 27(2) of the Principal Act, after "made"

(where first occurring) insert "for a purpose
referred to in section 15(1)(c) and".

(2) In section 27(3) of the Principal Act—

(a)

after paragraph (b) insert— "(ba) the defendant is acquitted of a charge of
a civil forfeiture offence and the restraining order (other than one referred to in sub-section (2)) ceases to be in force on the expiry of 7 days after the acquittal occurs; or";
defendant is not charged with a related
offence that is a forfeiture offence, an
automatic forfeiture offence or a civil
forfeiture offence by the time of the
acquittal, whether or not in the same

(b)

in paragraph (c), after "restraining order" insert "(other than one referred to in sub- section (2))".

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 15

15. State to pay restitution and compensation
(1) In section 31 of the Principal Act—
(a) omit paragraph (a); and

(b)

after "satisfy," insert "subject to sub-section (2),".

(2) At the end of section 31 of the Principal Act
insert—
"(2) If, in relation to an offence, the value of the
property forfeited and the amount of the
penalty paid (less conversion costs) are less
than the sum of orders for restitution,
compensation or damages, the State must
pay to each person awarded restitution,
compensation or damages an amount
calculated in accordance with the formula—
F × V/A
where— compensation and damages in respect of the offence.".
F is the value of the property forfeited and
the amount of the penalty paid (less
conversion costs);
V is a victim's award of restitution,
compensation or damages to the extent that it
has not been satisfied;

16. Application for civil forfeiture
In section 37 of the Principal Act, after sub- section (3) insert—

"(3A) If a charge has been withdrawn or finally

determined, the application under sub-
section (1) may only be made within the
period of 6 months after the day on which

Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 17

Act No. 43/1998

the charge was withdrawn or finally
determined, except with the leave of the
Supreme Court.
(3B) The Supreme Court must not grant leave

under sub-section (3A) unless it is satisfied
that—

(a)

the property to which the application relates was derived, realised or identified only after the end of the period referred to in sub-section (3A); or

(b)

necessary evidence became available only after the end of the period referred to in sub-section (3A); or

(c)

it is otherwise in the interests of justice to do so.".

17. Disposal of forfeited property

(1) In section 44(3)(b) of the Principal Act—

(a) after "against" insert "either";

(b)

after "occurred" insert "or a refusal to make an exclusion order under section 22".

(2) In section 44(3) of the Principal Act, after

paragraph (b) insert—
"(c) in the case of a civil forfeiture order, when
an appeal may no longer be lodged against
either the civil forfeiture order or a refusal to
make an exclusion order under section 24 or,
if such an appeal is lodged, when the appeal
is abandoned or finally determined.".
(3) In section 44(4) of the Principal Act, for "(1)(b)"
substitute "(1)".

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 18
18. Notification of discharge of forfeiture order or automatic forfeiture

In section 46(2) of the Principal Act—

(a)

for "DPP" (where first occurring) substitute "person on whose application the forfeiture order was made";

(b)

for "DPP" (where secondly occurring) substitute "first-mentioned person".

19. Exclusion from forfeiture order
In section 50(1) of the Principal Act, for
paragraph (b) substitute—
"(b) if the court is satisfied that the property is
not tainted property, the court may make an
order excluding the property from the
operation of the forfeiture order.".

20. Exclusion from civil forfeiture order
In section 54(1) of the Principal Act, for
paragraph (b) substitute—
"(b) where the applicant acquired the interest
from the defendant, directly or indirectly,
that it was acquired for sufficient
consideration.".

21. Buying back interest in forfeited property
(1) In section 56(4) of the Principal Act, for "6"
substitute "2".

(2) In section 56(7) of the Principal Act, after

"section" insert "in respect of an interest in
property forfeited under Part 3 and".

Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 22

Act No. 43/1998

22. Application for pecuniary penalty order—civil forfeiture offence
(1) In section 63 of the Principal Act, after sub- section (3) insert—
"(3A) If a charge has been withdrawn or finally

determined, the application under sub-
section (1) may only be made within the
period of 6 months after the day on which
the charge was withdrawn or finally
determined, except with the leave of the
Supreme Court.".

(2) In section 63(4) of the Principal Act—

(a) after "sub-section (3)" insert "or (3A)";

(b)

in paragraph (a), for "that period of 7 days" substitute "the period referred to in sub- section (3) or (3A), as the case may be".

23. Pecuniary penalty order—civil forfeiture offence

In section 64(5) of the Principal Act, after "order" insert "under this Division".

24. Assessment of benefits
In section 67(1) of the Principal Act, before
paragraph (a) insert—
"(aa) any money actually received as a result of
the commission of the offence, regardless of
expenditures incurred in deriving that
money;".

25. Charge on property subject to restraining order

In section 72(1) of the Principal Act—

(a)

in paragraph (a), for "has made" substitute "makes";

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 26

(b)

in paragraph (b), for "subsequently" substitute ", whether before or after the making of the restraining order,";

(c)

after "on the making of the pecuniary penalty order" insert "or the restraining order, whichever is the later".

26. Embargo notices
(1) In section 93(3) of the Principal Act, for "who

sells, leases, moves, transfers or otherwise deals
with the property" substitute "who—

(a) sells; or
(b) leases; or

(c)

without the written consent of the member of the police force who issued the embargo notice, moves; or

(d) transfers; or
(e) otherwise deals with—
the property".

(2) In section 93(5) of the Principal Act, omit

"movement,".

27. Examination orders
In section 98 of the Principal Act, for sub-section
(1) substitute —
'(1) In this section, "relevant person" means the
DPP or a prescribed person or a person belonging to a prescribed class of persons.'.

28. Production orders

In section 101(6) of the Principal Act—

(a)

in paragraph (a), after "acting for" insert "or engaged on behalf of";
(b) in paragraph (b)—

Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 29

Act No. 43/1998

(i) after "contents of the order to" insert "any person other than";
(ii) for "to any other person" substitute "on whose behalf the legal practitioner has been engaged".

29. Compliance with production order
(1) In section 106(1) of the Principal Act, after paragraph (b) insert—
"; or

(c) would be in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of the document.".

(2) In section 106(2) of the Principal Act, for "sub-

section (1)(b)" substitute "paragraph (b) or (c) of
sub-section (1)".

30. Reports of suspect transactions
In section 119(6) of the Principal Act, after "further information that" insert "is related, whether directly or indirectly, to the information
communicated to the Director and".

31. Registration of interstate orders and warrants
In section 126(2) of the Principal Act, omit "28,".

32. New section 133A inserted
After section 133 of the Principal Act insert—

"133A. Costs
(1) Costs may only be awarded in accordance with this section.
(2) If—

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 32

(a)

a person brings, or appears at, proceedings under this Act before a court in order—

(i)
to prevent a forfeiture order or against property of the person; or

(ii)
to have property of the person or restraining order; and

(b)

the person is successful in those proceedings; and

(c)

the court is satisfied that the person was not involved in any way in the commission of the offence in respect of which the forfeiture order or restraining order was sought or made—
the court may order the applicant for the
forfeiture order or restraining order to pay all
costs incurred by the person in connection
with the proceedings or any part of those
costs that is determined by the court.
(3) If a person brings, or appears at, proceedings

under this Act before the Supreme Court in
order—

(a)
restraining order for the purpose of
to prevent a civil forfeiture order or a property of the person; or

(b)
to have property of the person excluded restraining order for the purpose of civil forfeiture—

the Supreme Court may order the applicant
for the civil forfeiture order or restraining
order to pay all costs incurred by the person

Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 33

Act No. 43/1998

in connection with the proceedings or any
part of those costs that is determined by the
Court if—

(c) the Supreme Court refuses to make a civil forfeiture order under section 38; or
(d) the person (other than the defendant) is successful in those proceedings.
(4) The amount of costs referred to in sub-

sections (2) and (3) is in the discretion of the
court.".

33. Section 135 substituted
For section 135 of the Principal Act substitute—

"135. Conversion costs
Conversion costs are the reasonable costs and expenses incurred in locating, storing, maintaining or disposing of, or otherwise in

connection with the conversion into money
of, property to which a forfeiture order, a
civil forfeiture order or a pecuniary penalty
order or automatic forfeiture under section
35 applies.".

34. Appeals
(1) In section 142(1)(b) of the Principal Act, for

"order excluding the interest from the operation of
section 35" substitute "exclusion order under
section 22 or 52(1)".

(2) In section 142(4) of the Principal Act, after
"section" (wherever occurring) insert "22,".

35. Information obtained under Road Safety Act
For section 155 of the Principal Act substitute—

"155. Road Safety Act 1986

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 36
In section 92(3)(g) of the Road Safety Act
1986, after "1986" insert "or the
Confiscation Act 1997".

36. Forfeiture of property
In the Principal Act—

(a) in section 27(7)(b)(iii), for "State" substitute "Minister";
(b) in section 33(1), for "State" substitute "Minister";
(c) in section 34(2), for "State" substitute "Minister";
(d) in section 35, for "State" (wherever occurring) substitute "Minister";
(e) in section 36, for "State" (wherever occurring) substitute "Minister";
(f) in section 38(1), for "State" substitute "Minister";
(g) in section 39(2), for "State" substitute "Minister";
(h) in section 41(3)(c) and 41(4), omit ", on behalf of the State,";
(i) in section 41, for "State" (wherever occurring) substitute "Minister";

(j)

in section 44, for "State" (wherever occurring) substitute "Minister";

(k)

in section 44(6), for "State's" substitute "Minister's";

(l)

in section 49(1), for "State" substitute "Minister";

(m)

in section 51, for "State" (wherever occurring) substitute "Minister";

Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 37

Act No. 43/1998

(n) in section 53, for "State" (wherever occurring) substitute "Minister";
(o) in section 55(3)(b), 55(5) and 55(6), for "State" substitute "Minister";
(p) in section 55(8), omit ", on behalf of the State,";
(q) in section 56(1) and 56(3)(b), for "State" substitute "Minister";
(r) in section 56(5), omit ", on behalf of the State,";
(s) in section 57(1), 57(2)(a) and 57(3)(b), for "State" substitute "Minister";
(t) in section 57(5), omit ", on behalf of the State,";
(u) in section 60(2), after "State" insert "or the Minister";
(v) in section 65(2), after "State" insert "or the Minister";

(w) in section 67(1), for "State" substitute "Minister";
(x) in section 68(3), for "State" substitute "Minister";

(y)

in section 73, for "State" (wherever occurring) substitute "Minister";

(z)

in section 73(6), for "State's" substitute "Minister's";
(za) in section 143(6), after "forfeited" insert "to
the Minister".

37. Amendment of transitional provision
In section 157(1) of the Principal Act, before
"proceeding" (where first occurring) insert
"criminal".

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 38

38. Forfeiture offences

In Schedule 1 to the Principal Act—

(a)

in item 15(a), after "wildlife)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";

(b)

in item 15(b), after "wildlife)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";

(c)

in item 15(c), after "wildlife)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";

(d)

in item 15(d), after "wildlife)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";

(e)

in item 15(e), after "wildlife)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";

(f)

in item 15(f), after "duck etc)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";

(g)

in item 15(g), after "season)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";

(h)

in item 15(h), after "game)" insert "as in force immediately before the commencement

Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 39

Act No. 43/1998

of section 15 of the Wildlife (Amendment)
Act 1997";
(i) after item 15(h) insert— "(ha) section 41 (hunting, taking or
destroying endangered wildlife); (hb) section 42 (hunting, taking or destroying notable wildlife); (hc) section 43 (hunting, taking or destroying protected wildlife);
(hd) section 45 (acquiring etc. endangered

wildlife);

(he) section 46 (acquiring etc. notable

wildlife);

(hf) section 47 (acquiring etc. protected

wildlife);

(hg) section 47D (wildlife unlawfully
taken);";

(j) after item 15 insert— "16. An offence against section 70 of the
Crimes Act 1958 (possession of child pornography).".

39. Statute law revision
In the Principal Act—

(a)

in section 22, at the end of paragraph (a) insert "or";

(b)

in section 24, at the end of paragraph (a) insert "or";

(c)

in section 62(2), for "1901" substitute "1992";

(d)

in section 66(2), for "1901" substitute "1992";

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 39
(e) in section 73(4), omit "(b)";

(f)

in section 120(1)(a)(ii), for "for Victoria" substitute "in Victoria";

(g)

in section 120(1)(b)(i), for "of Victoria" substitute "in Victoria";
(h) in section 143(6), for "(2)" substitute "(3)".

_______________
Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 40

Act No. 43/1998

PART 5—CRIMES (MENTAL IMPAIRMENT AND

UNFITNESS TO BE TRIED) ACT 1997 AND OTHER ACTS

40. Section 71 and Schedule 3
In the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997—

(a)

in section 71(3) for "sub-section (3)" substitute "sub-section (2)";
(b) in Schedule 3—
(i) in clause 2(5) for "3 months" substitute "6 months";
(ii) in clause 3(2) for "6 months" substitute "12 months".

41. Consequential amendment of Mental Health Act 1986
(1) In section 20(1) of the Mental Health Act 1986

for "a patient who is not a security patient"
substitute "an involuntary patient".

(2) After section 20(2) of the Mental Health Act
1986 insert—
"(3) A letter written to or by a forensic patient
must, subject to any security conditions
imposed under section 17B, be forwarded
without being opened to the person to whom
it is addressed.".

(3) In section 73(3) of the Mental Health Act

1986—

(a)

for "an involuntary patient or a security patient" substitute "a person who is a patient";

(b)

in paragraph (b) for "person's" substitute "patient's".

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 42
(4) In section 85(1) of the Mental Health Act 1986

for "an involuntary patient or security patient"
substitute "a patient".

(5) After section 120A(3)(h) of the Mental Health
Act 1986 insert—
"(ha) to the giving of any information required in
connection with proceedings before the
Panel; or".

42. Consequential amendment of superannuation Acts
(1) In section 28A(b) of the Emergency Services
Superannuation Act 1986 for "an involuntary
patient or a security patient" substitute "a
patient".

(2) In section 55(b) of the Hospitals Superannuation
Act 1988 for "an involuntary patient or a security patient" substitute "a patient".

(3) In section 49(b) of the Local Authorities

Superannuation Act 1988 for "an involuntary patient or a security patient" substitute "a patient".

(4) In section 47(b) of the Public Sector

Superannuation (Administration) Act 1993 for
"an involuntary patient or a security patient"
substitute "a patient".
(5) In section 80(b) of the State Superannuation Act

1988 for "an involuntary patient or a security
patient" substitute "a patient".

(6) In section 48(b) of the Transport
Superannuation Act 1988 for "an involuntary patient or a security patient" substitute "a patient".

_______________
Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 43

Act No. 43/1998

PART 6—GAMING MACHINE CONTROL ACT 1991
43. Amendment of Part 9
(1) In the Gaming Machine Control Act 1991—

(a)

in section 136(3)(c), omit "for payment to the Community Support Fund";

(b)

in section 138(2), for "An amount" substitute "Subject to sub-section (2A), an amount".

(2) After section 138(2) of the Gaming Machine
Control Act 1991 insert—

"(2A) In respect of the financial year commencing

on 1 July 1998 and each of the following 5
financial years, the total annual amount paid
into the Community Support Fund under
sub-section (2) is to be the amount paid to
the Consolidated Fund under section
136(3)(c) in respect of that financial year
less $25 000 000".

_______________
Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 44

PART 7—GAMING NO. 2 ACT 1997

44. Bingo employees
(1) In section 52 of the Gaming No. 2 Act 1997—

(a) in sub-section (1), after "person" (where first occurring) insert ", other than a person referred to in sub-section (4),";
(b) in paragraph (b) of sub-section (2), after "person" insert ", other than a person referred to in sub-section (4),".

(2) In section 52 of the Gaming No. 2 Act 1997, after

sub-section (3) insert—
"(4) A person who does not hold an employee's

licence may, within any period of 7 days,
exercise or perform any of the functions of a
bingo employee in a bingo centre as a
volunteer acting in good faith for only one
holder of a minor gaming permit authorising
the conduct of a session or sessions of bingo
games.
(5) The holder of a minor gaming permit
authorising the conduct of a session or
sessions of bingo games—

(a)

not less than 7 days before a person referred to in sub-section (4) commences duties, must notify the Authority of the commencement of the exercise of those functions; and

(b)

not more than 28 days after a person referred to in sub-section (4) ceases his or her duties, must notify the Authority of the cessation of the exercise of those functions.".

_______________
Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 45

Act No. 43/1998

PART 8—MAGISTRATES' COURT ACT 1989

45. New section 13 substituted and section 13A inserted

No. 51/1989.	For section 13 of the Magistrates' Court Act
Reprint No. 4
as at 1 August	1989 substitute—
1997. Further
amended by	"13. Assignment of duties
Nos 63/1995,
66/1996,	(1) The Chief Magistrate may assign duties to a
4/1997,
26/1997,	magistrate or acting magistrate.
48/1997,
69/1997,	(2) A magistrate or acting magistrate must carry
81/1997,	out the duties that are from time to time
84/1997,
107/1997 and	assigned to him or her by the Chief
108/1997.	Magistrate.

13A. Delegation by the Chief Magistrate
The Chief Magistrate, by instrument, may delegate to any magistrate any of his or her powers under sections 6(1) and 13.".

46. PERIN warrant issue fees
(1) In the definition of "fine" in clause 2 of Schedule
7 to the Magistrates' Court Act 1989, after "served" insert "and any fee included under clause 7(3)".

(2) In clause 7 of Schedule 7 to the Magistrates'
Court Act 1989, after sub-clause (2) insert—

"(3) If at any time after the issue of a warrant under clause 8(1) the registrar makes an order of a kind referred to in sub-clause (1) in respect of the fine and recalls and cancels the warrant, the registrar must include in the
amount of the fine the fee payable under clause 8(1A)
in respect of the cancelled warrant.
(3A) Despite anything to the contrary in this Act, the

registrar, if satisfied that there are sufficient grounds
for doing so, may determine not to include the fee

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 46
referred to in sub-clause (3) in the amount of the
fine.".

_______________
Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 47

Act No. 43/1998

PART 9—PORT SERVICES ACT 1995

47. Increase in size of Board of Melbourne Port Corporation
In clause 1(1) of Schedule 1 to the Port Services
Act 1995, after "5" insert "(or, in the case of
Melbourne Port Corporation, 7)".

_______________
Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 48

PART 10—PUBLIC SECTOR SUPERANNUATION (ADMINISTRATION) ACT 1993 AND OTHER ACTS
48. Transfer of LASF
After section 68A of the Public Sector
Superannuation (Administration) Act 1993
insert—

"68B. Provisions relating to LASF
(1) The Local Authorities Superannuation Fund
as constituted under and governed by the Local Authorities Superannuation Act 1988 immediately before 1 July 1998
continues, on and after 1 July 1998, as the
Local Authorities Superannuation Fund
continued in force and governed by the Trust
Deed made before 1 July 1998 by Local
Authorities Super Pty Ltd, Trustee of the
Local Authorities Superannuation Fund.
(2) All assets and liabilities of the Local
Authorities Superannuation Fund
immediately before 1 July 1998 are
transferred on 1 July 1998 to Local
Authorities Super Pty Ltd, as Trustee of the
Local Authorities Superannuation Fund
under the Trust Deed.
(3) Except as in the Trust Deed expressly or by necessary implication provided, all persons, things and circumstances appointed or
created by or under the Local Authorities
Superannuation Act 1988 or existing or
continuing under that Act immediately
before 1 July 1998 (including benefit
accruals and benefit entitlements) shall under
and subject to the Trust Deed continue to
have the same status, operation and effect as

Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 49

Act No. 43/1998

they respectively would have had if that Act
had not been repealed.
(4) Without limiting the operation of the Trust Deed, any entity which immediately before 1 July 1998 was making, or was liable to
make, contributions to the Local Authorities
Superannuation Fund—

(a) is on 1 July 1998 deemed to be a participating employer in the Local Authorities Superannuation Fund as governed by the Trust Deed; and
(b) must not later than 31 December 1998 provide or execute such documents as the Trustee of the Local Authorities
Superannuation Fund may require for
the purposes of administering the Local
Authorities Superannuation Fund.
(5) No stamp duty or other tax is payable under

any Act in respect of anything done under
this section.".

49. Local Authorities Superannuation Act 1988
The Local Authorities Superannuation Act
1988 is repealed.

50. Borrowing and Investment Powers Act 1987
In Schedule 1 of the Borrowing and Investment
Powers Act 1987 item 7 is repealed.

_______________
Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 51

PART 11—WILLS ACT 1997

51. Principal Act
In this Part, the Wills Act 1997 is called the
Principal Act.

52. Revocation of wills
(1) In section 12 of the Principal Act, sub-section (1)
is repealed.

(2) In section 12(2) of the Principal Act—

(a) paragraph (a) is repealed;

(b)
after "may not be revoked except—" "(da) by a later will; or".

53. Order to be attached to will
In section 32 of the Principal Act, for "this section" substitute "section 31".

54. Evidence which is admissible
In section 36 of the Principal Act, after sub-
section (2) insert—
"(3) Nothing in this section prevents the
admission of evidence which would
otherwise be admissible at law in any
proceedings to construe a will.".

55. Dispositions not to fail because issue have died before the testator
In section 45(4)(c) of the Principal Act, omit
"(other than a requirement to survive the testator
or attain a certain age)".

Miscellaneous Acts (Omnibus No. 1) Act 1998

s. 56

Act No. 43/1998

56. Referring to a valuation
At the end of section 49 of the Principal Act
insert—
"(2) Sub-section (1) does not apply if a contrary

intention appears in the will.".

57. Transitional provisions
(1) In section 52(1) of the Principal Act, after "10"
insert ", 12".

(2) In section 52(2) of the Principal Act, after "sub- section (3)" insert "or (5)".
(3) After section 52(4) of the Principal Act insert— "(5) Section 12 applies to the revocation, after the
commencement of this section, of a will,
whether made before, on or after that
commencement.".

58. Substitution of section 60
For section 60 of the Principal Act substitute—
'60. Insertion of new Part IVA
After Part IV of the Principal Act insert—
"PART IVA—TRANSITIONAL
99AA. Transitional provision—Wills
Act 1997
Despite the amendment of this Act
by Part 7 of the Wills Act 1997,
Part IV of this Act, as in force
immediately before the
commencement of Part 7 of the
Wills Act 1997, continues to
apply to the estate of a person who
has died before that
commencement.

Miscellaneous Acts (Omnibus No. 1) Act 1998

Act No. 43/1998 s. 58
99AB. Further transitional provision—
Wills Act 1997
Despite the amendment of this Act by section 61 of the Wills Act 1997, Part V of this Act, as in force immediately before the commencement of that section, continues to apply to wills made before the commencement of Part 2 of the Wills Act 1997."

61. Repeal of Part V
Part V of the Principal Act is repealed.'.

═══════════════
Miscellaneous Acts (Omnibus No. 1) Act 1998

Notes

Act No. 43/1998

NOTES

†
Minister's second reading speech—
Legislative Assembly: 23 April 1998
Legislative Council: 19 May 1998
The long title for the Bill for this Act was "to amend the Audit Act 1994, the Children and Young Persons Act 1989, the Confiscation Act 1997, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Gaming Machine Control Act 1991, the Gaming No. 2 Act 1997,
the Magistrates' Court Act 1989, the Port Services Act 1995, the purposes."
Public Sector Superannuation (Administration) Act 1993 and the

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13.	Assignment of duties	5
13A.	Delegation by the Chief Magistrate	5

6.	Principal Act	6
7.	Definition	6
8.	Related offences	6
9.	Dealing with property	6
10.	Undertaking for payment of damages or costs	6
11.	Restraining order application	6
12.	Exclusion from restraining order—automatic forfeiture offence	7
13.	Restraining orders—further orders	7
14.	Duration of restraining order	7
15.	State to pay restitution and compensation	8
16.	Application for civil forfeiture	8
17.	Disposal of forfeited property	9
18.	Notification of discharge of forfeiture order or automatic
forfeiture	10
19.	Exclusion from forfeiture order	10
20.	Exclusion from civil forfeiture order	10
21.	Buying back interest in forfeited property	10
22.	Application for pecuniary penalty order—civil forfeiture offence 11

23.	Pecuniary penalty order—civil forfeiture offence	11
24.	Assessment of benefits	11
25.	Charge on property subject to restraining order	11
26.	Embargo notices	12
27.	Examination orders	12
28.	Production orders	12
29.	Compliance with production order	13
30.	Reports of suspect transactions	13
31.	Registration of interstate orders and warrants	13
32.	New section 133A inserted	13
133A. Costs	13
33.	Section 135 substituted	15

36.	Forfeiture of property	16
37.	Amendment of transitional provision	17
38.	Forfeiture offences	18
39.	Statute law revision	19

40.	Section 71 and Schedule 3	21
41.	Consequential amendment of Mental Health Act 1986	21
42.	Consequential amendment of superannuation Acts	22

Section	Page
PART 10—PUBLIC SECTOR SUPERANNUATION
(ADMINISTRATION) ACT 1993 AND OTHER ACTS	28

49.	Local Authorities Superannuation Act 1988	29
50.	Borrowing and Investment Powers Act 1987	29

51.	Principal Act	30
52.	Revocation of wills	30
53.	Order to be attached to will	30
54.	Evidence which is admissible	30
55.	Dispositions not to fail because issue have died before the
testator	30
56.	Referring to a valuation	31
57.	Transitional provisions	31
58.	Substitution of section 60	31

After section 12 of the Children and Young	No. 56/1989. Reprint No. 4
Persons Act 1989 insert—	as at 26 June 1997. Further

(1) The Governor in Council may appoint a magistrate nominated by the Chief	43/1996, 53/1996,
4/1997 and
Magistrate to be Acting Children's Court	48/1997.
Senior Magistrate during any period when—

(a)	there is a vacancy in the office of the Children's Court Senior Magistrate; or
(b)	the Children's Court Senior Magistrate is absent on leave or for any reason is temporarily unable to perform the
duties of the office of Children's Court Senior Magistrate.

(a)	a vacancy in the office of the Children's Court Senior Magistrate; or
(b)	a period when the Children's Court Senior Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Children's Court Senior Magistrate—

In this Part, the Confiscation Act 1997 is called	No. 108/1997.
the Principal Act.

(a)	the property to which the application relates was derived, realised or identified only after the end of the period referred to in sub-section (3A); or
(b)	necessary evidence became available only after the end of the period referred to in sub-section (3A); or
(c)	it is otherwise in the interests of justice to do so.".

(a)	for "DPP" (where first occurring) substitute "person on whose application the forfeiture order was made";
(b)	for "DPP" (where secondly occurring) substitute "first-mentioned person".

(b)	in paragraph (b), for "subsequently" substitute ", whether before or after the making of the restraining order,";
(c)	after "on the making of the pecuniary penalty order" insert "or the restraining order, whichever is the later".

Act No. 43/1998	s. 32
(a)	a person brings, or appears at, proceedings under this Act before a court in order—
(i)

(b)	the person is successful in those proceedings; and
(c)	the court is satisfied that the person was not involved in any way in the commission of the offence in respect of which the forfeiture order or restraining order was sought or made—

(c)	the Supreme Court refuses to make a civil forfeiture order under section 38; or
(d)	the person (other than the defendant) is successful in those proceedings.

(a)	in section 27(7)(b)(iii), for "State" substitute "Minister";
(b)	in section 33(1), for "State" substitute "Minister";
(c)	in section 34(2), for "State" substitute "Minister";
(d)	in section 35, for "State" (wherever occurring) substitute "Minister";
(e)	in section 36, for "State" (wherever occurring) substitute "Minister";
(f)	in section 38(1), for "State" substitute "Minister";
(g)	in section 39(2), for "State" substitute "Minister";
(h)	in section 41(3)(c) and 41(4), omit ", on behalf of the State,";

(j)	in section 44, for "State" (wherever occurring) substitute "Minister";
(k)	in section 44(6), for "State's" substitute "Minister's";
(l)	in section 49(1), for "State" substitute "Minister";
(m)	in section 51, for "State" (wherever occurring) substitute "Minister";

(n)	in section 53, for "State" (wherever occurring) substitute "Minister";
(o)	in section 55(3)(b), 55(5) and 55(6), for "State" substitute "Minister";
(p)	in section 55(8), omit ", on behalf of the State,";
(q)	in section 56(1) and 56(3)(b), for "State" substitute "Minister";
(r)	in section 56(5), omit ", on behalf of the State,";
(s)	in section 57(1), 57(2)(a) and 57(3)(b), for "State" substitute "Minister";
(t)	in section 57(5), omit ", on behalf of the State,";
(u)	in section 60(2), after "State" insert "or the Minister";

(y)	in section 73, for "State" (wherever occurring) substitute "Minister";
(z)	in section 73(6), for "State's" substitute "Minister's";

(a)	in item 15(a), after "wildlife)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";
(b)	in item 15(b), after "wildlife)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";
(c)	in item 15(c), after "wildlife)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";
(d)	in item 15(d), after "wildlife)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";
(e)	in item 15(e), after "wildlife)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";
(f)	in item 15(f), after "duck etc)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";
(g)	in item 15(g), after "season)" insert "as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997";
(h)	in item 15(h), after "game)" insert "as in force immediately before the commencement

(a)	in section 22, at the end of paragraph (a) insert "or";
(b)	in section 24, at the end of paragraph (a) insert "or";
(c)	in section 62(2), for "1901" substitute "1992";
(d)	in section 66(2), for "1901" substitute "1992";

(f)	in section 120(1)(a)(ii), for "for Victoria" substitute "in Victoria";
(g)	in section 120(1)(b)(i), for "of Victoria" substitute "in Victoria";

(a)	for "an involuntary patient or a security patient" substitute "a person who is a patient";
(b)	in paragraph (b) for "person's" substitute "patient's".

(a)	in section 136(3)(c), omit "for payment to the Community Support Fund";
(b)	in section 138(2), for "An amount" substitute "Subject to sub-section (2A), an amount".

(a)	in sub-section (1), after "person" (where first occurring) insert ", other than a person referred to in sub-section (4),";
(b)	in paragraph (b) of sub-section (2), after "person" insert ", other than a person referred to in sub-section (4),".

(a)	not less than 7 days before a person referred to in sub-section (4) commences duties, must notify the Authority of the commencement of the exercise of those functions; and
(b)	not more than 28 days after a person referred to in sub-section (4) ceases his or her duties, must notify the Authority of the cessation of the exercise of those functions.".