Statute Law Revision Act 2013
No. 70 of 2013
table of provisions
SectionPage
SectionPage
1Purpose
2Commencement
3Amendment of Acts—General amendments
4Amendment of Acts—Administrative arrangements
5Amendment of Acts—Transitional and other provisions
6Repeal of spent Acts
7Repeal of amending Act
______
SCHEDULES
SCHEDULE 1—Amendment of Acts—General Amendments
1Assisted Reproductive Treatment Act 2008
2Associations Incorporation Reform Act 2012
3Building Act 1993
4Business Names (Commonwealth Powers) Act 2011
5Casino (Management Agreement) Act 1993
6Congestion Levy Act 2005
7Constitution (Appointments) Act 2009
8Co-operatives National Law Application Act 2013
9Corporations (Commonwealth Powers) Act 2001
10County Court Act 1958
11Courts (Case Transfer) Act 1991
12Crimes at Sea Act 1999
13Crimes (Controlled Operations) Act 2004
14Dental Hospital Land Act 2011
15Duties Act 2000
16Freedom of Information Act 1982
17Gambling Regulation Act 2003
18Gas and Fuel Corporation (Heatane Gas) Act 1993
19Geographic Place Names Act 1998
20Greenhouse Gas Geological Sequestration Act 2008
21Heavy Vehicle National Law Application Act 2013
22Housing Act 1983
23Independent Broad-based Anti-corruption Commission
Act2011
24Integrity and Accountability Legislation Amendment
Act2012
25Interpretation of Legislation Act 1984
26Liquor Control Reform Act 1998
27Magistrates' Court Act 1989
47Transitional provisions—Justice Legislation Amendment Act 2012
28Major Crime (Investigative Powers) Act 2004
29Major Sporting Events Act 2009
30Major Transport Projects Facilitation Act 2009
31Marine Safety Act 2010
32Medical Research Institutes Repeal Act 2008
33Melbourne Cricket Ground Act 2009
34Mineral Resources (Sustainable Development) Act 1990
35Mineral Resources (Sustainable Development) Amendment Act 2012
36Monetary Units Act 2004
37Motor Car Traders Act 1986
38Mutual Recognition (Victoria) Act 1998
39Offshore Petroleum and Greenhouse Gas Storage Act 2010
40Parliamentary Committees Act 2003
41Prohibition of Human Cloning for Reproduction Act 2008
42Property Law Act 1958
43Public Prosecutions Act 1994
44Rail Safety National Law Application Act 2013
45Rain-making Control Act 1967
46Research Involving Human Embryos Act 2008
47Resources Legislation Amendment (General) Act 2012
48Royal Botanic Gardens Act 1991
49Sentencing Act 1991
50Serious Sex Offenders (Detention and Supervision)
Act 2009
51Sheriff Act 2009
52State Bank (Succession of Commonwealth Bank) Act 1990
53State Employees Retirement Benefits Act 1979
54Summary Offences Act 1966
55Tourist and Heritage Railways Act 2010
56Transfer of Land Act 1958
57Victorian Commission for Gambling and Liquor
Regulation Act 2011
58Victorian Funds Management Corporation Act 1994
59Victorian Inspectorate Act 2011
60Victorian Institute of Forensic Medicine Act 1985
SCHEDULE 2—Amendment of Acts—Administrative
Arrangements
1Accident Towing Services Act 2007
2Agent-General and Commissioners for Victoria Act 2007
3Agricultural Industry Development Act 1990
4Agricultural and Veterinary Chemicals (Control of Use)
Act 1992
5Broiler Chicken Industry Act 1978
6Bus Safety Act 2009
7Bus Services Act 1995
8Child Employment Act 2003
9Control of Genetically Modified Crops Act 2004
10Dairy Act 2000
11Domestic Animals Act 1994
12Drugs, Poisons and Controlled Substances Act 1981
13Duties Act 2000
14EastLink Project Act 2004
15Electricity Industry Act 2000
16Electricity Safety Act 1998
17Farm Debt Mediation Act 2011
18Fisheries Act 1995
19Flora and Fauna Guarantee Act 1988
20Forests Act 1958
21Geothermal Energy Resources Act 2005
22Graffiti Prevention Act 2007
23Greenhouse Gas Geological Sequestration Act 2008
24Impounding of Livestock Act 1994
25Land Conservation (Vehicle Control) Act 1972
26Livestock Disease Control Act 1994
27Livestock Management Act 2010
28Major Transport Projects Facilitation Act 2009
29Marine (Drug, Alcohol and Pollution Control) Act 1988
30Meat Industry Act 1993
31Melbourne City Link Act 1995
32Mineral Resources (Sustainable Development) Act 1990
33National Electricity (Victoria) Act 2005
34Petroleum Act 1998
35Pipelines Act 2005
36Planning and Environment Act 1987
37Plant Biosecurity Act 2010
38Port Management Act 1995
39Prevention of Cruelty to Animals Act 1986
40Rail Safety National Law Application Act 2013
41Regional Development Victoria Act 2002
42Regional Growth Fund Act 2011
43Road Management Act 2004
44Road Safety Act 1986
45Safety on Public Land Act 2004
46Shop Trading Reform Act 1996
47Small Business Commissioner Act 2003
48Stock (Seller Liability and Declarations) Act 1993
49Sustainable Forests (Timber) Act 2004
50Tourist and Heritage Railways Act 2010
51Transport Integration Act 2010
52Transport (Compliance and Miscellaneous) Act 1983
53Very Fast Train (Route Investigation) Act 1989
54Veterinary Practice Act 1997
55Victorian Industry Participation Policy Act 2003
56Water Act 1989
SCHEDULE 3—Amendment of Acts—Transitional and Other provisions
1Crimes Act 1958
585AATransitional provisions—(Crimes (Theft) Act 1973)
585ABTransitional provisions—(Crimes (Criminal
Damage) Act 1978)
585ACTransitional provisions—(Crimes (Classification of Offences) Act 1981)
585ADTransitional provisions—(Crimes (Conspiracy and Incitement) Act 1984)
585AETransitional provisions—(Crimes (Custody and Investigation) Act 1988)
585AFTransitional provisions—(Crimes (Fingerprinting)
Act 1988)
2Credit (Administration) Act 1984
96Immunity against civil liability—Credit (Administration) (Amendment) Act 1993
SCHEDULE 4—Repeal of Acts
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Endnotes
1
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Victoria
1
SectionPage
1
SectionPage
Statute Law Revision Act 2013[†]
No. 70 of 2013
[Assented to 19 November 2013]
1
Statute Law Revision Act 2013
No. 70 of 2013
1
Statute Law Revision Act 2013
No. 70 of 2013
The Parliament of Victoriaenacts:
1
Statute Law Revision Act 2013
No. 70 of 2013
1Purpose
The purpose of this Act is to revise the statute law of Victoria.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on 1 December 2013.
(2)The following items in Schedule 1 are taken to have come into operation on the following dates—
(a) item10 on 9 May 2012;
(b) item 24 on 9 February 2013;
(c) item 35on31 January 2013;
(d) item47.1 on 30 November 2012;
(e) item47.2 on 30 November 2012;
(f)item57.2 on 5 February 2012;
(g) item59on 11 February 2013.
3Amendment of Acts—General amendments
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.
s. 3
4Amendment of Acts—Administrative arrangements
On the commencement of an item in Schedule 2, the Act specified in the heading to that item is amended as set out in that item.
5Amendment of Acts—Transitional and other provisions
On the commencement of an item in Schedule 3, the Act specified in the heading to that item is amended as set out in that item.
6Repeal of spent Acts
The Acts listed in Schedule 4(to the extent that they are not already repealed) are repealed.
7Repeal of amending Act
This Act is repealed on 1 December 2014.
Note
The repeal of this Act does not affect the repeals orthe continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
______
SCHEDULES
SCHEDULE 1
Section 3
Sch. 1
Amendment of Acts—General Amendments
1Assisted Reproductive Treatment Act 2008
Part 16 is repealed.
2Associations Incorporation Reform Act 2012
Sections 224 and 225 are repealed.
3Building Act 1993
In section 221ZZZH(2), for "Commission" substitute "Authority".
4Business Names (Commonwealth Powers) Act 2011
Part 5 is repealed.
5Casino (Management Agreement) Act 1993
Parts 3 and 4 are repealed.
6Congestion Levy Act 2005
Part 7 is repealed.
7Constitution (Appointments) Act 2009
Section 7 is repealed.
8Co-operatives National Law Application Act 2013
In the note at the foot of section 32(1), for "Cooperative" substitute "Co-operatives".
9Corporations (Commonwealth Powers) Act 2001
Section 10 is repealed.
10County Court Act 1958
For section 28(1) substitute—
"(1)There shall be payable on every civil proceeding in the court to the registrar or a deputy registrar of the court at or for the place where the proceeding is to be heard such fees as are prescribed; and the fees on every proceeding shall be paid in the first instance by the party on whose behalf such proceeding is to be had on or before such proceeding; and the fees upon execution or commitment, excluding fees payable to the bailiff, shall be paid into court before or at the time of the issue of the writ or other process.".
Sch. 1
11Courts (Case Transfer) Act 1991
Parts 8 and 9 are repealed.
12Crimes at Sea Act 1999
Section 10 is repealed.
13Crimes (Controlled Operations) Act 2004
In section 45(1), for "IBAC" (where twice occurring) substitute "the IBAC".
14Dental Hospital Land Act 2011
Part 3 is repealed.
15Duties Act 2000
In section 3(1), the definition of linked entity (where secondly occurring) is repealed.
16Freedom of Information Act 1982
16.1 In section 63D(4), for "31))" substitute "31)".
16.2 In section 63D(6)(c), after "on behalf" insert "of".
17Gambling Regulation Act 2003
For the note at the foot of section 6A.3.8substitute—
"Note
The licence is also subject to the condition specified in section 6A.3.9A.".
18Gas and Fuel Corporation (Heatane Gas) Act 1993
Section 21 is repealed.
19Geographic Place Names Act 1998
Sections 22, 23 and 24 are repealed.
20Greenhouse Gas Geological Sequestration Act 2008
Division 3 of Part 18 is repealed.
Sch. 1
21Heavy Vehicle National Law Application Act 2013
In section 58, for "commencement day" substitute "the commencement day".
22Housing Act 1983
In clause 5(1) of Schedule 5, for "a infringement" substitute "an infringement".
23Independent Broad-based Anti-corruption Commission Act 2011
23.1 In section 3(1), in paragraph (c) of the definitionof detained person, for "2005;" substitute "2005; or".
23.2 In section 59(3), after "under" insert "subsection".
23.3 In section 66(1)(b), for "or a proposes" substitute "or proposes".
24Integrity and Accountability Legislation Amendment Act 2012
In section 27, for "After section 4" substitute "Insection 4".
25Interpretation of Legislation Act 1984
In section 41(1)—
(a)in paragraph (a) omit "until";
(b)in paragraph (a)(i), for "a person" substitute "until a person".
26Liquor Control Reform Act 1998
26.1 In section 6(c)(ii), for "person registered" substitute "a person registered".
26.2 In section 35(1A), for "licence" substitute "licence.".
27Magistrates' Court Act 1989
27.1 In Schedule 8, clause 47 is repealed.
27.2 In Schedule 8, after clause 46 insert—
Sch. 1
"47 Transitional provisions—Justice Legislation Amendment Act 2012
This Act as amended by section 7 of the Justice Legislation Amendment Act 2012 applies to any proceeding in the Assessment and Referral Court List, irrespective of whether the offence to which the proceeding relates was alleged to have been committed before, on or after the commencement of that section.".
28Major Crime (Investigative Powers) Act 2004
28.1 In section 3D(3)(b), for 'application."' substitute "application".
28.2 In section 10(3A), for "subsection (4)" substitute "subsection (4).".
28.3 In the note at the foot of section 51, for "11(2)(g) and (h)" substitute "section 11(2)(g) and (h)".
29Major Sporting Events Act 2009
In section 91(3)(a)—
(a)for "sections, 66(1)" substitute "sections66(1)";
(b)for "74A 85(1)" substitute "74A, 85(1)".
30Major Transport Projects Facilitation Act 2009
Section 264 and Schedule 2 arerepealed.
31Marine Safety Act 2010
Chapter 10 is repealed.
32Medical Research Institutes Repeal Act 2008
Part 4 is repealed.
33Melbourne Cricket Ground Act 2009
Section 36 is repealed.
Sch. 1
34Mineral Resources (Sustainable Development) Act 1990
Section 126(1), (2), (3) and (5) arerepealed.
35Mineral Resources (Sustainable Development) Amendment Act 2012
For section 6(1) substitute—
'(1)Insert the following heading to section 110 of the Principal Act—
"Notice requiring authority holder to take action or stop work".'.
36Monetary Units Act 2004
Sections 13, 14, 15 and 16 and Schedules 1 and 2 are repealed.
37Motor Car Traders Act 1986
In section 76(4)(a), for "Commonwealth." substitute "Commonwealth".
38Mutual Recognition (Victoria) Act 1998
Part 3 is repealed.
39Offshore Petroleum and Greenhouse Gas Storage Act 2010
39.1 In the table in section 16—
(a)in item 9, for "expired—" substitute "expired";
(b)in item 10, for "expired—" substitute "expired";
(c)in item 16, for "expired—" substitute "expired".
39.2 Section 800 and Schedule 6 are repealed.
39.3 In clause 3 of Schedule 3, in the definition of reviewing authority, for "the Fair Work Australia" substitute "Fair Work Australia".
40Parliamentary Committees Act 2003
In section 3, in the definition of sub-committee, for "Committee." substitute"Committee;".
Sch. 1
41Prohibition of Human Cloning for Reproduction Act 2008
Division 2 of Part 5 is repealed.
42Property Law Act 1958
42.1 After section 160 the heading "Perpetuities" is repealed.
42.2 After section 163 the heading "Accumulations" is repealed.
42.3 In the Fifth Schedule, for "19" substitute "20".
42.4 In the Sixth Schedule, for "19" substitute "20".
42.5 In the Seventh Schedule, for "19" (wherever occurring) substitute "20".
42.6 In the Eighth Schedule, for "19" (wherever occurring) substitute "20".
42.7 In the Ninth Schedule, for "A.D. 19" substitute "20".
43Public Prosecutions Act 1994
In section 45F(1), for "as soon practicable" substitute "as soon as practicable".
44Rail Safety National Law Application Act 2013
44.1 In section 114(1), for "pursuant section 111(1)" substitute "pursuant to section 111(1)".
44.2 In section 114(2), for "pursuant section 111(2)" substitute "pursuant to section 111(2)".
44.3 In section 126(3), for "to be to be" substitute "tobe".
44.4 In section 137(1)(a), for "to accredited" substitute "to be accredited".
45Rain-making Control Act 1967
In section 5(3), for "forwarded to Minister" substitute "forwarded to the Minister".
Sch. 1
46Research Involving Human Embryos Act 2008
Division 2 of Part 6 is repealed.
47Resources Legislation Amendment (General) Act2012
47.1 In section 16, for "or mining licence" substitute "or a mining licence".
47.2 In section 38(2), for "or holder" substitute "oraholder".
48Royal Botanic Gardens Act 1991
Division 1 of Part 5 is repealed.
49Sentencing Act 1991
In section 10A(1)(d), for "autism" substitute "anautism".
50Serious Sex Offenders (Detention and Supervision) Act 2009
Divisions 2 and 3 of Part 15 and Schedule 3 arerepealed.
51Sheriff Act 2009
Divisions 1, 2, 3 and 4 of Part 6 are repealed.
52State Bank (Succession of Commonwealth Bank) Act 1990
Section 40 is repealed.
53State Employees Retirement Benefits Act 1979
Section 37(2) is repealed.
Sch. 1
54Summary Offences Act 1966
After section 11 repeal the following heading—
"False Alarms of Fire".
55Tourist and Heritage Railways Act 2010
Section 32isrepealed.
56Transfer of Land Act 1958
In section 4(1)—
(a)the definition of service company is repealed;
(b)insertthe following definition—
"service company, in respect of a building subdivision, means a company or other body corporate which was or is formed or incorporated or which operates or is intended to operate for the purpose of carrying out the common purposes of the proprietors of the several stratum estates in the subdivision including, without limiting the generality of the foregoing, the provision of common services, the maintenance repair and insurance against fire of the building or buildings as a whole and the control and maintenance of the residual land but does not include an owners corporation within the meaning of the Owners Corporations Act 2006;".
57Victorian Commission for Gambling and Liquor Regulation Act 2011
57.1 Parts 7, 8 and 9 are repealed.
57.2 In item 4.99 of the Schedule, for "Insert the following heading to Division 7 of Part 2" substitute "For the heading to Division 7 of Part 2 substitute".
Sch. 1
58Victorian Funds Management Corporation Act 1994
Part 6 is repealed.
59Victorian Inspectorate Act 2011
In item 7(4) of the Schedule, for "82S" substitute "134".
60Victorian Institute of Forensic Medicine Act 1985
In section 66(1)(m), for "the Coroners Act 2008" substitute "of the Coroners Act 2008".
______
SCHEDULE 2
Section 4
Amendment of Acts—Administrative Arrangements
1Accident Towing Services Act 2007
1.1 In section 3(1), in the definition of Department, for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".
1.2 In section 3(5), for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".
Sch. 2
2Agent-General and Commissioners for Victoria Act2007
2.1 In section 3, in the definition of Secretary, for "Department of Innovation, Industry and Regional Development" substitute "Department of State Development, Business and Innovation".
2.2 In section 10(2), for "Department of Innovation, Industry and Regional Development" substitute "Department of State Development, Business and Innovation".
2.3 In section 13(2), for "Department of Innovation, Industry and Regional Development" substitute "Department of State Development, Business and Innovation".
3Agricultural Industry Development Act 1990
In section 3, in the definition of Department Head, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
4Agricultural and Veterinary Chemicals (Control of Use) Act 1992
4.1 In section 4(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
4.2 In section 4(6), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
5Broiler Chicken Industry Act 1978
5.1 In section 2, in the definition of Department Head, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
Sch. 2
5.2 In section 5, for "Department of Primary Industries" (where twice occurring) substitute "Department of Environment and Primary Industries".
6Bus Safety Act 2009
In section 3(1), in the definition of Department, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
7Bus Services Act 1995
In section 3(1), in the definition of Secretary, for "Department of Infrastructure" substitute "Department of Transport, Planning and Local Infrastructure".
8Child Employment Act 2003
8.1 In section 3, in the definition of Department, for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".
8.2 In section 19A(2)(o), for "Department of Business and Innovation" substitute "Department of State Development, Business and Innovation".
9Control of Genetically Modified Crops Act 2004
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
10Dairy Act 2000
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
Sch. 2
11Domestic Animals Act 1994
11.1 In section 3(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
11.2 In section 3(2), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
12Drugs, Poisons and Controlled Substances Act 1981
In section 61(1), in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
13Duties Act 2000
In section 47A(1)(b), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
14EastLink Project Act 2004
14.1 In section 3(1)—
(a)in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure";
(b)the definition of Secretary to the Department of Sustainability and Environmentis repealed;
(c)insert the following definition—
"Secretary to the Department of Environment and Primary Industries means the Department Head of the Department of Environment and Primary Industries".
14.2 In section 40(1), for "Secretary to the Department of Sustainability and Environment" substitute "Secretary to the Department of Environment and Primary Industries".
Sch. 2
14.3 In section 221, for "Department of Infrastructure" (where twice occurring) substitute "Department of Transport, Planning and Local Infrastructure".
15Electricity Industry Act 2000
15.1 In section 40FJ(3), for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
15.2 In section 40NC(2), for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
16Electricity Safety Act 1998
In section 87(5)(e), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
17Farm Debt Mediation Act 2011
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
18Fisheries Act 1995
18.1 In section 4(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
18.2 In section 4(1), in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
19Flora and Fauna Guarantee Act 1988
19.1 In section 3(1), in the definition of Department, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
Sch. 2
19.2 In section 3(3), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
20Forests Act 1958
20.1 In section 3(1), in the definition of Central Plan Office, for "Department of Sustainability and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
20.2 In section 3A(2)(b), for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
20.3 In section 61A, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
20.4 In section 61B, for "Department of Sustainability and Environment" substitute "Department of Environment and Primary Industries".
20.5 In section 61C, for "Department of Sustainability and Environment" (where twice occurring) substitute "Department of Environment and Primary Industries".
Sch. 2
21Geothermal Energy Resources Act 2005
In section 4(1), in the definition of Department, for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
22Graffiti Prevention Act 2007
In section 25(2A)(a), for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
23Greenhouse Gas Geological Sequestration Act 2008
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of State Development, Business and Innovation".
24Impounding of Livestock Act 1994
In section 3, in the definition of Department, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
25Land Conservation (Vehicle Control) Act 1972
In section 5(3), for "Department of Natural Resources and Environment" substitute "Department of Transport, Planning and Local Infrastructure".
26Livestock Disease Control Act 1994
26.1 In section 3(1), in the definition of Secretary, for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
26.2 In section 3(2), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
26.3 In section 87(3)(b), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".
26.4 In section 102(2), for "Department of Primary Industries" substitute "Department of Environment and Primary Industries".