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

═══════════════

Endnotes

1

SectionPage

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".