Justice Legislation (Further Amendment) Act 2006

Justice Legislation (Further Amendment) Act 2006

Act No. 79/2006

table of provisions

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Part 1—Preliminary

1.Purposes

2.Commencement

Part 2—Amendment of Attorney-General and Solicitor-General Act 1972

3.Pensions

Part 3—Amendment of Casino Control Act 1991

4.Compulsory training for special employees

5.Amendment of transitional provisions

Part 4—Amendment of Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

6.New power to exempt certain organisations

7.Approval of organisation

8.New section 66A inserted

66A.Approval of organisation in relation to activities or functions

9.Application procedure

Part 5—Amendment of Confiscation Act 1997

10.Applications for restraining orders

11.Application for exclusion from civil forfeiture order

12.Stay of execution of disposal order

13.New section 144A inserted

144A.Validation

14.New section 175 inserted

175.Transitional—Justice Legislation (Further Amendment) Act 2006

Part 6—Amendment of Corrections and Sentencing Acts (Home Detention) Act 2003

15.Repeal of sunset provisions

Part 7—Amendment of Council of Law Reporting in Victoria Act 1967

16.Constitution of Council

17.Savings provision

Part 8—Amendment of Equal Opportunity Act 1995

18.Definitions

19.Who may complain?

20.Delegation by Commission

21.New section 226 inserted

226.Transitional provision—Justice Legislation (Further Amendment) Act2006

Part 9—Amendment of Gambling Regulation Act2003

22.Training courses

23.Amendment of transitional provisions

Part 10—Amendment of Infringements Act 2006

24.Extended period for lodgement

25.New section 209A inserted

209A.Period for lodgement

Part 11—Amendment of Judicial College of Victoria Act 2001

26.Definition of "judicial officer"

Part 12—Amendment of Juries Act 2000

27.Canvassing availability of prospective jurors

28.Selection of panel from more than one pool

29.Jury panel may be split

30.Calling of panel by numbers

31.Transitional provision

14.Justice Legislation (Further Amendment) Act 2006

Part 13—Amendment of Legal Profession Act 2004

32.Definitions

33.Local practising certificates

34.Supervised legal practice

35.Interstate legal practitioners

36.Trust money and trust accounts

37.Costs disclosure

38.Billing and costs review

39.New section 3.4.48A inserted

3.4.48A.Contracting out of Division by sophisticated clients

40.Lodgement of disputed legal costs with Commissioner

41.Distribution Account

42.New section 6.7.11A inserted

6.7.11A.Further legal aid funding

43.Transitional provisions

44.New Part 11 inserted in Schedule 2

Part 11—Justice Legislation (Further Amendment) Act 2006

11.1Law firms

11.2Conditions on local practising certificates

11.3Supervised legal practice

Part 14—Amendment of magistrates' Court Act1989

45.Persons who may witness statements to be tendered at committal proceedings

Part 15—Amendment of Professional Standards Act 2003

46.Definitions

47.New section 23 substituted

23.Limitation of liability by insurance arrangements

48.Limitation of liability by reference to amount of business assets

49.Limitation of liability by multiple of charges

50.New section 28A inserted

28A.Liability in damages not reduced to below relevant
limit

51.Limit of occupational liability by schemes

52.New section 59 inserted

59.Transitional provisions—Justice Legislation (Further Amendment) Act 2006

Part 16—Amendment of Sex Offenders Registration Act 2004

53.Definitions

54.Consequential amendments

55.New section 73B inserted

73B.Transitional provision—Justice Legislation (Further Amendment) Act 2006

Part 17—Amendment of Victorian Civil and Administrative Tribunal Act 1998

56.Summary dismissal of unjustified proceedings

57.Injunctions and declarations

58.Failing to comply with summons

59.Contempt

60.New section 163 inserted

163.Transitional provision—Justice Legislation (Further Amendment) Act 2006

Part 18—Amendment of Victorian Law Reform Commission Act 2000

61.Appointment of acting chairperson

Part 19—Amendment of Working with Children Act 2005

62.What is child-related work?

63.Part 6 substituted

Part 6—Transitional Provisions

50.Transitional provision—Justice Legislation (Further Amendment) Act 2006

Part 20—Amendment of Fair Trading Act 1999 and Other Consumer Acts

64.Fair Trading Act 1999—entry or search with consent

65.Fair Trading Act 1999—emergency entry

66.Fair Trading Act 1999—new section 121A inserted

121A.Entry without consent or warrant

67.Fair Trading Act 1999—search warrants

68.Fair Trading Act 1999—new section 126A inserted

126A.Use or seizure of electronic equipment at premises

69.Associations Incorporation Act 1981—section 37C
substituted

37C.Production of identity card

70.Associations Incorporation Act 1981—new section 37EA inserted

37EA.Entry without consent or warrant

71.Associations Incorporation Act 1981—section 37M
substituted

37M.Protection against self-incrimination

72.Associations Incorporation Act 1981—section 37P
substituted

37P.Entry to be reported to the Director

37PA.Register of exercise of powers of entry

37PB.Complaints

73.Credit (Administration) Act 1984—section 27 substituted

27.Entry without consent or warrant

74.Credit (Administration) Act 1984—section 38 substituted

38.Protection against self-incrimination

75.Credit (Administration) Act 1984—application of Fair Trading Act 1999

76.Estate Agents Act 1980—section 70U substituted

70U.Protection against self-incrimination

77.Estate Agents Act 1980—application of Fair Trading
Act 1999

78.Introduction Agents Act 1997—section 42 substituted

42.Production of identity card

79.Introduction Agents Act 1997—new section 44A inserted

44A.Entry without consent or warrant

80.Introduction Agents Act 1997—sections 55 and 56
substituted

55.Requirement to assist inspector during entry

56.Refusal or failure to comply with requirement

56A.Protection against self-incrimination

56B.Entry to be reported to the Director

56C.Register of exercise of powers of entry

56D.Complaints

81.Motor Car Traders Act 1986—section 82AH substituted

82AH.Entry without consent or warrant

82.Motor Car Traders Act 1986—section 82AS substituted

82AS.Protection against self-incrimination

83.Second-Hand Dealers and Pawnbrokers Act 1989—amendment of inspection powers

84.Travel Agents Act 1986—amendment of inspection powers

Part 21—Statute Law Revision

85.City of Melbourne Act 2001

86.Confiscation Act 1997

87.Drugs, Poisons and Controlled Substances (Amendment) Act2006

88.Professional Standards Act 2003

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Endnotes

1

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Victoria

No. 79 of 2006

1

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1

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Justice Legislation (Further Amendment) Act 2006[†]

[Assented to 10 October 2006]

1

Act No. 79/2006

Justice Legislation (Further Amendment) Act 2006

1

Act No. 79/2006

Justice Legislation (Further Amendment) Act 2006

The Parliament of Victoria enacts as follows:

1

Part 21—Statute Law Revision

Justice Legislation (Further Amendment) Act 2006

Act No. 79/2006

Part 1—Preliminary

1.Purposes

The main purposes of this Act are—

(a)to amend the Attorney-General and Solicitor-General Act 1972 with respect to pension entitlements;

(b) to amend the Gambling Regulation Act 2003 and the Casino Control Act 1991 in relation to training courses for licensed gaming industry employees and licensed casino employees;

(c)to amend the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 to enable the Director of the Classification Board to exempt certain organisations from the operation of that Act;

(d) to amend the Confiscation Act 1997 to provide further for applications for restraining orders, applications for exclusion from civil forfeiture orders and execution of disposal orders and to make an amendment of a statute law revision nature;

s. 1

(e)to amend the Corrections and Sentencing Acts (Home Detention) Act 2003 so as to allow the home detention program to continue indefinitely;

(f) to amend the Council of Law Reporting in Victoria Act 1967 to increase the number of members appointed by professional associations;

(g) to amend the Equal Opportunity Act1995—

(i)to add to and update a number of definitions relating to workplace relations;

(ii)to provide a mechanism for representative complaints;

(iii)to allow the Commission to delegate certain powers or functions to staff members;

(h) to amend the Infringements Act 2006 with respect to the period for lodgement of details of an infringement penalty and prescribed costs in respect of an infringement offence under certain Acts;

s. 1

(i) to amend the Judicial College of Victoria Act 2001 to include judicial registrars of the Magistrates' Court as judicial officers for the purposes of that Act;

(j) to amend the Juries Act 2000 with respect to jury pools and panels;

(k) to amend the Legal Profession Act 2004—

(i)to reflect amendments to the national model provisions for the regulation of the legal profession;

(ii)generally to improve the operation of the Act;

(l) to amend the Magistrates' Court Act 1989 to include additional classes of person who may witness statements to be tendered at committal proceedings;

(m) to amend the Professional Standards Act 2003 in relation to professional indemnity insurance;

(n)to amend the Sex Offenders Registration Act 2004 to clarify its application in relation to certain kinds of offender;

(o) to amend the Victorian Civil and Administrative Tribunal Act 1998 with respect to—

(i)the issue of injunctions and declarations;

(ii)the summary dismissal of proceedings;

(iii)the granting of bail to persons arrested and brought before VCAT;

(iv)the power to impose sentences of imprisonment for contempt of VCAT;

(p) to amend the Victorian Law Reform Commission Act 2000 with respect to the appointment of an acting chairperson;

(q) to amend the Working with Children Act 2005 to apply the complete definition of "child-related work" for the purposes of the whole Act subject to certain exceptions;

(r) to amend the Fair Trading Act 1999 and other Consumer Acts to allow inspectors to monitor compliance with those Acts;

(s)to make amendments of a statute law revision nature to certain Acts.

2.Commencement

s. 2

(1)This Part and Parts 3, 5, 6, 8 (other than section18(1) and (5)), 9, 13, 15, 19, 20 and 21 (other than section 85) come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Part 16 is deemed to have come into operation on 1 October 2004.

(3) Section 18(1) and (5) are deemed to have come into operation on 27 March 2006.

(4) Part 10 and section 85 are deemed to have come into operation on 1 July 2006.

(5) Subject to sub-section (6), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(6) If a provision referred to in sub-section (5) does not come into operation before 1 July 2007, it comes into operation on that day.

s. 2

______

See:
Act No.
8305.
Reprint No. 2
as at
17 June 2003.
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Part 2—Amendment of Attorney-General and Solicitor-General Act 1972

3.Pensions

s. 3

After section 6(2) of the Attorney-General and Solicitor-General Act 1972 insert—

"(3)If, on the expiration of his or her term of office as Solicitor-General, a person who served as Solicitor-General for not less than 10 years is not under sub-section (1) entitled to a pension only because he or she has not attained the age of 65 years—

(a)on that person attaining the age of 65years he or she, and his or her spouse and children, become entitled to pensions under that sub-section in the circumstances, at the rates and on the terms and conditions set out in that sub-section as if he or she had only retired from the office of Solicitor-General on attaining that age; and

(b)any such pension is liable to be suspended or determined in the circumstances and to the extent set out in that sub-section.

(3A) Without limiting or otherwise affecting section 83 of the Constitution Act 1975, the entitlement of a former Solicitor-General to a pension under this section arising by force of sub-section (3) is suspended while he or she holds the office of Judge of the Supreme Court, having been appointed to that office after having attained the age of 65 years.".

______

See:
Act No.
47/1991.
Reprint No. 7
as at
5 April 2006
and amending
Act No
24/2006.
LawToday:

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Part 3—Amendment of Casino Control Act 1991

4.Compulsory training for special employees

s. 4

(1)For section 58A(1) of the Casino Control Act 1991 substitute—

"(1)Subject to sub-section (1B), a licensee who is employed by a casino operator, regardless of when that employment commenced, and who performs any of the functions of a special employee in relation to gaming machines must complete—

(a)an appropriate approved training course within the period specified in sub-section (1A); and

(b)an approved refresher course within the period of 3 years following completion of an approved training course and every period of 3 years thereafter.

(1A)An approved training course must be completed—

(a)in the case of a licensee who is in the employment of a casino operator immediately before the commencement of section 4(1) of the Justice Legislation (Further Amendment) Act 2006, within 12 months after the approval of that course by the Commission;

(b)in the case of a licensee who is employed by a casino operator on or after the commencement of section 4(1) of the Justice Legislation (Further Amendment) Act 2006—

(i)within 6 months after the licensee commences to perform any of the functions of a special employee in relation to gaming machines; or

(ii)within 12 months after the approval of that course by the Commission—

whichever period expires later.

(1B)Sub-section (1)(a) does not apply to a licensee who has completed an approved training course—

(a)after the commencement of section 4(1) of the Justice Legislation (Further Amendment) Act 2006; and

(b)within the period of 3 years immediately before the commencement of employment with a casino operator.".

5.Amendment of transitional provisions

s. 5

In Schedule 3 to the Casino Control Act 1991, clause 5(15) is repealed.

______

See:
Act No.
90/1995.
Reprint No. 1
as at
1 January 1999
and amending
Act Nos
69/2001 and 6/2005.
LawToday:

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Part 4—Amendment of Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

6.New power to exempt certain organisations

s. 6

At the end of section 64 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 insert—

"(2)The Director may, on application under section 67, direct in writing that this Act does not apply, to the extent and subject to any condition specified in the direction, to an organisation approved under section 66A in respect of all or any of its activities or functions that relate to films or computer games.".

7.Approval of organisation

(1)Insert the following heading to section 66 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995—

"Approval of organisation in relation to event".

(2)In section 66 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995—

(a) in sub-section (1), for "this Part" substitute "section 64(1)";

(b)in sub-section (2), after "organisation" (where first occurring) insert "under this section".

8.New section 66A inserted

s. 8

After section 66 of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 insert—

'66A. Approval of organisation in relation to activities or functions

(1)The Director, by notice published in the Commonwealth Gazette, may, on application, approve an organisation for the purposes of section 64(2) if the organisation—

(a)is established by or under an Act; and

(b)carries on activities of an educational, cultural or artistic nature.

(2)In considering whether to approve an organisation under this section, the Director must have regard to—

(a)the purpose for which the organisation was established; and

(b)the extent to which the organisation carries on activities of an educational, cultural or artistic nature; and

(c)the reputation of the organisation in relation to—

(i)the screening of films; or

(ii)the possession or demonstration of computer games—

as the case may be; and

(d)the conditions as to admission of persons to—

(i)the screening of films by the organisation; or

(ii)the demonstration of computer games by the organisation—

as the case may be.

Note:Section 3 contains a definition of "demonstrate".

(3)An approval takes effect on the date of publication of the notice referred to in sub-section (1).

(4)The Director—

(a)must revoke an approval if the organisation no longer satisfies the requirements of sub-sections (1)(a) and (1)(b); and

(b)may revoke an approval if, because of a change in any matter referred to in sub-section (2), the Director considers that it is no longer appropriate that the organisation be approved.

s. 8

(5)The Director must notify an organisation in writing of a decision—

(a)to refuse an application for approval; or

(b)to revoke an approval—

within 30 days after the date of the decision and must give reasons for the decision.

(6)Revocation of an approval takes effect on the date of the decision to revoke or on a later date specified in the notice.'.

9.Application procedure

s. 9

(1)In section 67(2) of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995—

(a)after "application" insert "for an exemption under section 64(1)"; and

(b)in paragraph (c)(ii), after "prescribed fee" insert ", if any".

(2)After section 67(2) of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 insert—

"(2A)An application for an exemption under section 64(2) must—

(a)be in the approved form; and

(b)specify the extent of the exemption sought; and

(c)be accompanied by the prescribed fee, if any.".

______

See:
Act No.
108/1997.
Reprint No. 4
as at
10 March 2005
and amending
Act Nos
108/2004, 6/2005, 18/2005 and 16/2006.
LawToday:

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gov.au

Part 5—Amendment of Confiscation Act 1997

10. Applications for restraining orders

s. 10

For section 17(1) of the Confiscation Act 1997 substitute—

"(1)If, having regard to the matters referred to in sub-section (1A), the court is satisfied that the circumstances of the case justify the giving of notice to a person affected, the court may direct an applicant under section 16(1) or 16(2) to give notice of the application to any person whom the court has reason to believe has an interest in the property that is the subject of the application.

(1A)In determining whether the circumstances of the case justify the giving of notice, the court must have regard to—

(a)the aim of preserving the property that is the subject of the application so as to ensure its availability for the purpose for which the restraining order is sought; and

(b)any jeopardy to an investigation by a law enforcement agency into criminal activity that could result from the giving of notice; and

(c)any risk to the safety or security of a person, including a potential witness in any criminal proceeding, that could result from the giving of notice; and

(d)the provision made by this Act to enable a person claiming an interest in property the subject of a restraining order to apply for an exclusion order to protect that interestfrom the operation of the restraining order; and

(e)the limited duration of a restraining order; and

(f) the submissions, if any, made by the applicant in relation to the giving of notice.

(1B)In determining whether to direct an applicant to give notice of an application under section 16(1) or 16(2), the court may have regard to any other matter that the court considers relevant.

(1C) If the court does not require notice of an application under section 16(1) or 16(2) to be given under sub-section (1), it may hear and determine the application in the absence of any person who has an interest in the property that is the subject of the application.".

11. Application for exclusion from civil forfeiture order

s. 11

(1)In section 53(1) of the Confiscation Act 1997, omit "(other than a person referred to in sub-section (1A))".

(2)Section 53(1A) of the Confiscation Act 1997 is repealed.

12. Stay of execution of disposal order

After section 78(2) of the Confiscation Act 1997 insert—

"(3)A disposal order made in reliance on a person's conviction of a Schedule 1 offence—

(a)is stayed pending the expiry of the appeal period in relation to the conviction; and

(b)ceases to have effect if on appeal the conviction is quashed.".

13. New section 144A inserted

s. 13

After section 144 of the Confiscation Act 1997 insert—