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PARLIAMENT OF VICTORIA
Consumer Affairs Legislation Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1 Purposes 2
2 Commencement 3
PART 2--CONVEYANCERS ACT 2006 4
3 Annual audit of trust records 4
PART 3--ESTATE AGENTS ACT 1980 5
4 Definitions 5
5 Estate Agents Council 5
6 Eligibility to obtain licence 6
7 Eligibility for employment as an agent's representative 6
8 Application for estate agent's licence 6
9 Certain documents to be lodged by particular corporations 6
10 Section 30AB repealed 6
11 Restriction on agent purchasing property 6
12 Definitions 7
13 Trust money 7
14 Secretary's power to enter into arrangements with financial
institutions 7
15 Section 61 repealed 7
16 New section 101 substituted 8
101 Rural branch manager's licence 8
PART 4--FAIR TRADING ACT 1999 9
17 Definitions 9
18 New Part 5B inserted 9
PART 5B--DEBT COLLECTION 9
Division 1--Preliminary 9
93E Definitions 9
561335B.I-24/11/2009 i BILL LA INTRODUCTION 24/11/2009
Clause Page
Division 2--Offences 10
93F Certain persons prohibited from engaging in debt
collection 10
93G Applications by prohibited persons for permission to
engage in debt collection 12
93H Permission from the Authority 13
93I Authority may impose conditions 14
93J Application for review 14
93K Offence to charge debtor for cost of debt collection 15
93L Offence to purchase debt for the purpose of collection 16
19 Transitional provisions 17
16 Transitional--Consumer Affairs Legislation
Amendment Act 2009 17
17 Transitional--Repeal of Trade Measurement
Act 1995 18
18 Transitional--Repeal of Trade Measurement
(Administration) Act 1995 20
19 Transitional--Transfer of information for the purpose
of the National Measurement Act 1960 of the
Commonwealth 23
PART 5--OWNERS CORPORATIONS ACT 2006 24
20 Power to delegate 24
21 The common seal 24
22 When can the common seal be used? 24
23 Penalty interest on arrears 24
24 What is an insurable building? 25
25 Reinstatement and replacement insurance 25
26 Agenda for annual general meeting 26
27 Notice of annual general meeting 26
28 Who chairs the general meeting? 26
29 Owners corporation may require certain matters to be dealt
with at general meetings 26
30 New section 94 substituted 27
94 Can a lot owner vote if fees are unpaid? 27
31 Chairperson of owners corporation 27
32 Secretary 27
33 Functions and powers of the committee 28
34 Chairperson of committee 28
35 Secretary of committee 28
36 Notice of meetings 29
37 Functions of the manager where there is a committee 29
38 New section 121 inserted 29
121 Functions of the manager where there is no committee 29
39 Availability of register 30
40 Owners corporation certificate 30
561335B.I-24/11/2009 ii BILL LA INTRODUCTION 24/11/2009
Clause Page
PART 6--PROPERTY LAW ACT 1958 31
41 New Division 5A of Part II inserted 31
Division 5A--Removal of buildings and fixtures 31
154A Tenant may remove buildings and fixtures 31
PART 7--PROSTITUTION CONTROL ACT 1994 32
42 Updated references to prostitute and prostitution 32
43 New section 3B inserted 32
3B Exemptions for sex on premises venues 32
44 New section 18A inserted 34
18A Sex workers and clients must adopt safer sex
practices 34
45 Permitting sex worker infected with a disease to work in a
brothel etc. 35
46 Sex worker working while infected with a disease 35
47 Sex work service providers to be licensed 35
48 New section 24A inserted 36
24A Annual statement regarding exemption 36
49 New section 39A inserted 37
39A Licensee identity cards 37
50 Amendment of licence 37
51 Cancelled or suspended licence must be returned 37
52 Requirement for licensee to be in effective control of business 38
53 New section 46AA inserted 38
46AA Authority may conduct checks upon receipt of
information relating to change of ownership of
premises 38
54 New section 47A inserted 39
47A Death, disability etc. of licensed sex work service
provider 39
55 New section 52AAA 40
52AAA Approved manager identity cards 40
56 New sections 53A, 53B and 53C inserted 41
53A Application for permission to act as approved
manager 41
53B Permission from the Authority 41
53C Authority may impose conditions 42
57 Cancelled or suspended approval must be returned 43
58 Licence and approvals register 43
59 Application for review 43
60 New section 60A inserted 43
60A Display of prescribed signage relating to sexual
slavery 43
61 Production of licence or certificate of approval 44
62 Accounts and other documents available for inspection 44
561335B.I-24/11/2009 iii BILL LA INTRODUCTION 24/11/2009
Clause Page
63 New section 61DA inserted 45
61DA Persons to answer questions in relation to suspected
non-licensed sex work service providing businesses 45
64 Third parties to produce documents and answer questions
relating to specified business 47
65 Department Heads, police and public authorities to produce
information to inspectors 48
66 Certain other specified persons or bodies to produce
information 48
67 Order requiring the supply of information and answers to
questions 48
68 Entry to licensed premises by police 48
69 Entry to unlicensed premises--without search warrant 49
70 New section 65A inserted 50
65A Delegations by the Chief Commissioner 50
71 Restriction on certain permit applications 50
72 New section 74A inserted 50
74A Conditions on permits for licence applicants 50
73 Power to serve an infringement notice 51
74 New section 94 inserted 52
94 Saving provision concerning change of Act name 52
PART 8--SALE OF LAND ACT 1962 53
75 Deposit moneys held by legal practitioner, conveyancer or
estate agent to be held as stakeholder 53
PART 9--TRADE MEASUREMENT (ADMINISTRATION)
ACT 1995 54
76 Trade Measurement (Administration) Act 1995 54
25A Information sharing with National Measurement
Institute 54
PART 10--REPEALS AND AMENDMENTS 55
Division 1--Repeal of redundant Acts 55
77 Collusive Practices Act 1965 55
78 Fuel Prices Regulation Act 1981 55
79 Marketable Securities Act 1970 55
80 Petroleum Retail Selling Sites Act 1981 55
81 Petroleum Products (Terminal Gate Pricing) Act 2000 55
82 Private Agents Act 1966 55
83 Trade Measurement Act 1995 55
84 Trade Measurement (Administration) Act 1995 55
85 Utility Meters (Metrological Controls) Act 2002 55
561335B.I-24/11/2009 iv BILL LA INTRODUCTION 24/11/2009
Clause Page
Division 2--Repeal of redundant provisions 56
86 Carriers and Innkeepers Act 1958 56
87 Companies (Administration) Act 1981 56
88 Conveyancers Act 2006 56
89 Gambling Regulation Act 2003 56
90 Land Act 1958 56
91 Landlord and Tenant Act 1958 56
92 Owners Corporations Act 2006 56
93 Water Act 1989 56
Division 3--Repeal of spent transitional provisions 57
94 Co-operatives Act 1996 57
95 Fair Trading Act 1999 57
96 Fundraising Act 1998 57
97 Funerals Act 2006 57
98 Partnership Act 1958 57
99 Retirement Villages Act 1986 57
100 Second-Hand Dealers and Pawnbrokers Act 1989 57
101 Travel Agents Act 1986 57
Division 4--Consequential and other amendments 58
102 Corporations (Ancillary Provisions) Act 2001 58
27 Transitional--Repeal of Marketable Securities
Act 1970 58
103 County Court Act 1958 59
104 Duties Act 2000 59
105 Fair Trading Act 1999 59
106 Liquor Control Reform Amendment (Licensing) Act 2009 60
107 Police Regulation Act 1958 60
108 Private Security Act 2004 60
63A Disclosure of cancellation or suspension of private
security licence 60
118A Disclosure of cancellation or suspension of private
security registration 60
109 Residential Tenancies Act 1997 61
Division 5--Repeal of amending Act 61
110 Repeal of amending Act 61
__________________
SCHEDULE--Amendments to Prostitution Control Act 1994 62
ENDNOTES 69
561335B.I-24/11/2009 v BILL LA INTRODUCTION 24/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Consumer Affairs Legislation
Amendment Bill 2009
A Bill for an Act to amend the Conveyancers Act 2006, the Estate
Agents Act 1980, the Fair Trading Act 1999, the Owners
Corporations Act 2006, the Prostitution Control Act 1994, the Sale
of Land Act 1962 and the Trade Measurement (Administration)
Act 1995, to repeal the Collusive Practices Act 1965, the Fuel Prices
Regulation Act 1981, the Marketable Securities Act 1970, the
Petroleum Retail Selling Sites Act 1981, the Petroleum Products
(Terminal Gate Pricing) Act 2000, the Private Agents Act 1966, the
Trade Measurement Act 1995, the Trade Measurement
(Administration) Act 1995 and the Utility Meters (Metrological
Controls) Act 2002, to repeal provisions of the Landlord and
Tenant Act 1958 and re-enact a provision in the Property Law Act
1958, to repeal certain provisions of, and make consequential
amendments to, various other Acts and for other purposes.
The Parliament of Victoria enacts:
561335B.I-24/11/2009 1 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to repeal the Private Agents Act 1966 and
5 insert provisions in the Fair Trading Act
1999 to regulate debt collection;
(b) to amend the Conveyancers Act 2006 to
clarify its operation;
(c) to amend the licensing and financial auditing
10 requirements in the Estate Agents Act 1980;
(d) to repeal Parts I, II and III of the Landlord
and Tenant Act 1958 and re-enact
section 28(2) in the Property Law Act
1958;
15 (e) to amend the Owners Corporations Act
2006 to clarify its operation;
(f) to amend the Prostitution Control Act 1994
to change licensing arrangements, strengthen
enforcement powers and clarify its operation;
20 (g) to amend the Sale of Land Act 1962 in
relation to the transfer of deposit moneys for
the sale of lots under that Act;
(h) to amend the Trade Measurement
(Administration) Act 1995 to enable the
25 transfer of information to the
Commonwealth and to repeal that Act, the
Trade Measurement Act 1995 and the
Utility Meters (Metrological Controls) Act
2002;
30 (i) to repeal other redundant legislation and
make consequential amendments to some of
the above and several other Acts.
561335B.I-24/11/2009 2 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 1--Preliminary
s. 2
2 Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Sections 83, 84 and 105(2) come into operation on
5 1 July 2010.
(3) Section 106 is deemed to have come into
operation on 21 October 2009.
(4) Subject to subsection (5), the remaining
provisions of this Act come into operation on a
10 day or days to be proclaimed.
(5) If a provision referred to in subsection (4) does
not come into operation before 1 January 2011, it
comes into operation on that day.
__________________
561335B.I-24/11/2009 3 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 2--Conveyancers Act 2006
s. 3
PART 2--CONVEYANCERS ACT 2006
3 Annual audit of trust records
See: (1) In section 84(1) of the Conveyancers Act 2006
Act No.
75/2006 omit "in accordance with the regulations".
and
5 amending (2) After section 84(1) of the Conveyancers Act
Act Nos
12/2007,
2006 insert--
17/2007,
12/2008 and "(1A) The regulations may make provision for the
2/2009. conduct of audits under subsection (1).".
LawToday:
www.
legislation.
vic.gov.au
__________________
561335B.I-24/11/2009 4 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 3--Estate Agents Act 1980
s. 4
PART 3--ESTATE AGENTS ACT 1980
4 Definitions
(1) In section 4(1) of the Estate Agents Act 1980 See:
Act No.
insert the following definition-- 9428.
Reprint No. 10
5 "authorised financial institution means a as at
1 July 2008
financial institution that-- and
amending
(a) was an authorised financial institution Act Nos
for the purposes of section 60 4/2008,
12/2008 and
immediately before section 30 of the 44/2008.
10 Estate Agents (Amendment) Act 1994 LawToday:
www.
came into operation; or legislation.
vic.gov.au
(b) has entered into an arrangement with
the Secretary under section 60(1);".
(2) In section 4(1) of the Estate Agents Act 1980, in
15 the definition of approved industry association
for "Stock and Station Agents' Association
Limited A.C.N. 096 142 880" substitute
"Australian Livestock & Property Agents
Association Limited ACN 096 142 880".
20 (3) In section 4(1) of the Estate Agents Act 1980, in
the definition of principal office for "under
section 34" substitute "on the register under
section 33(3)(g)".
(4) In section 4(1) of the Estate Agents Act 1980 the
25 following definitions are repealed--
(a) declared corporation;
(b) stock and station agent.
5 Estate Agents Council
In section 6(2)(b) of the Estate Agents Act 1980
30 for "Stock and Station Agents' Association
Limited A.C.N. 096 142 880" substitute
"Australian Livestock & Property Agents
Association Limited ACN 096 142 880".
561335B.I-24/11/2009 5 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 3--Estate Agents Act 1980
s. 6
6 Eligibility to obtain licence
Section 14(2) of the Estate Agents Act 1980 is
repealed.
7 Eligibility for employment as an agent's
5 representative
In section 16 of the Estate Agents Act 1980--
(a) in subsection (4)(a)--
(i) in subparagraph (i)(B), for "offence; or"
substitute "offence; and".
10 (ii) subparagraph (ii) is repealed;
(b) the note preceding subsection (4)(b) is
repealed.
8 Application for estate agent's licence
In section 17 of the Estate Agents Act 1980--
15 (a) subsection (2)(c)(i) is repealed;
(b) for subsection (4)(c) and (d) substitute--
"(c) be accompanied by the documents
referred to in section 19.".
9 Certain documents to be lodged by particular
20 corporations
In section 19(1) of the Estate Agents Act 1980
omit "other than a declared corporation".
10 Section 30AB repealed
Section 30AB of the Estate Agents Act 1980 is
25 repealed.
11 Restriction on agent purchasing property
In section 55(9)(b) of the Estate Agents Act 1980
for "a stock and station agent" substitute
"an estate agent".
561335B.I-24/11/2009 6 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 3--Estate Agents Act 1980
s. 12
12 Definitions
In section 58 of the Estate Agents Act 1980, in
the definition of financial institution, for "section
60(6)(b) of this Act" substitute "an authorised
5 financial institution".
13 Trust money
(1) At the foot of section 59(1) of the Estate Agents
Act 1980 insert--
"Penalty: 120 penalty units.".
10 (2) Section 59(2) of the Estate Agents Act 1980 is
repealed.
(3) At the foot of section 59(7) of the Estate Agents
Act 1980 insert--
"Penalty: 60 penalty units.".
15 14 Secretary's power to enter into arrangements with
financial institutions
(1) In section 60(1) of the Estate Agents Act 1980
for "with an authorised" substitute "with a".
(2) In section 60(5) of the Estate Agents Act 1980
20 for "an authorised financial institution" substitute
"a financial institution under this section".
(3) Section 60(6) of the Estate Agents Act 1980 is
repealed.
15 Section 61 repealed
25 Section 61 of the Estate Agents Act 1980 is
repealed.
561335B.I-24/11/2009 7 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 3--Estate Agents Act 1980
s. 16
16 New section 101 substituted
For section 101 of the Estate Agents Act 1980
substitute--
"101 Rural branch manager's licence
5 Despite the repeal of section 30AB of this
Act, that section continues to apply to a
person who was, immediately before the
commencement of section 10 of the
Consumer Affairs Legislation
10 Amendment Act 2009, the holder of a rural
branch manager's licence.".
__________________
561335B.I-24/11/2009 8 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 17
PART 4--FAIR TRADING ACT 1999
17 Definitions
In section 3 of the Fair Trading Act 1999 insert See:
Act No.
the following definition-- 16/1999.
Reprint No. 4
5 "Authority means the Business Licensing as at
11 June 2009
Authority established under the Business and
Licensing Authority Act 1998;". amending
Act No
45/2009.
LawToday:
www.
legislation.
vic.gov.au
18 New Part 5B inserted
After Part 5A of the Fair Trading Act 1999
10 insert--
"PART 5B--DEBT COLLECTION
Division 1--Preliminary
93E Definitions
In this Part--
15 debt collector means a person who engages
in debt collection--
(a) as a principal or agent;
(b) as an employee of a principal or
agent in exchange for salary,
20 wages or commission;
engage in debt collection means to perform
any of the following for remuneration
or reward--
(a) to find, or repossess, for another
25 person any goods or chattels that
the other person is entitled to
561335B.I-24/11/2009 9 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 18
repossess under an agreement or
goods mortgage;
(b) to collect, attempt to collect, or
request payment of, debts owed to
5 another person;
prohibited person means a person who is
prohibited from engaging in debt
collection under section 93F(1) and
who does not hold a current permission
10 given by the Authority under
section 93H.
Division 2--Offences
93F Certain persons prohibited from engaging
in debt collection
15 (1) A person is prohibited from engaging in debt
collection if that person--
(a) in the case of a natural person--
(i) is under 18 years of age; or
(ii) is a represented person within the
20 meaning of the Guardianship
and Administration Act 1986; or
(iii) is an insolvent under
administration; or
(iv) who, in the preceding 5 years,
25 held a private security licence
under the Private Security Act
2004 that was cancelled or
suspended under section 56 or 61
of that Act; or
30 (v) who, in the preceding 5 years,
held a private security registration
under the Private Security Act
2004 that has been cancelled or
561335B.I-24/11/2009 10 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 18
suspended under section 111
or 116 of that Act; or
(vi) who, in the preceding 5 years, has
been found guilty in Victoria or
5 elsewhere, of an offence involving
fraud, dishonesty, drug trafficking
or violence punishable by
imprisonment of 3 months or
more; or
10 (vii) who, in the preceding 5 years, has
been found to have been involved
in the use of physical force, undue
harassment or coercion in
contravention of--
15 (A) section 12DJ of the
Australian Securities and
Investments Commission
Act 2001 of the
Commonwealth; or
20 (B) an equivalent provision in an
Act of the Commonwealth or
Act of another State or
Territory; or
(C) this Act or the regulations;
25 (b) in the case of a corporation--
(i) is an externally administered body
corporate; or
(ii) is a corporation--
(A) one or more of the directors
30 of which is a person referred
to in paragraph (a); or
(B) managed or effectively
controlled by a natural
person who is a person
561335B.I-24/11/2009 11 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 18
referred to in paragraph (a);
or
(iii) has, in the preceding 5 years, been
found to have contravened
5 section 60 of the Trade Practices
Act 1974 of the Commonwealth.
(2) A prohibited person must not engage in debt
collection.
Penalty: In the case of a body corporate,
10 1200 penalty units;
In any other case, 240 penalty
units or 2 years imprisonment.
93G Applications by prohibited persons for
permission to engage in debt collection
15 (1) Subject to subsection (4), a prohibited person
may apply to the Authority at any time for
permission to--
(a) engage in debt collection;
(b) be a director of a corporation that
20 engages in debt collection;
(c) manage or effectively control a
corporation that engages in debt
collection.
(2) An application under this section must--
25 (a) be in the form approved by the
Authority; and
(b) contain the information required by the
Authority; and
(c) be accompanied by the documents
30 required by the Authority; and
(d) be accompanied by the prescribed fee
(if any).
561335B.I-24/11/2009 12 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 18
(3) In considering an application under this
section, the Authority may--
(a) conduct any inquiries it thinks fit;
(b) require the applicant to provide any
5 further information relating to the
application that the Authority thinks fit
in the manner required by the
Authority;
(c) seek advice and information on the
10 application from any other person or
body as it thinks fit.
(4) The Authority may refuse to give its
permission if the applicant does not provide
the further information required, or his or her
15 consent for the Authority to obtain that
information, within a reasonable time after
the requirement is made.
(5) An application may be withdrawn at any
time before the Authority determines it.
20 (6) Subsection (1) does not apply to a person
who is--
(a) under the age of 18 years; or
(b) a represented person within the
meaning of the Guardianship and
25 Administration Act 1986.
93H Permission from the Authority
The Authority may give its permission if it is
satisfied that it is not contrary to the public
interest for it to do so.
561335B.I-24/11/2009 13 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 18
93I Authority may impose conditions
(1) In giving its permission under this Division,
the Authority may impose any conditions it
considers appropriate to ensure the ongoing
5 protection of the public interest.
(2) The Authority may vary any of the
conditions it has imposed--
(a) on the application of the person given
the permission, upon the payment of
10 the prescribed fee (if any);
(b) on the application of the Director;
(c) of its own motion.
(3) The person given the permission must
comply with any conditions imposed in
15 respect of that permission.
Penalty: In the case of a body corporate,
1200 penalty units;
In any other case, 240 penalty
units or 2 years imprisonment.
20 (4) If the Authority is satisfied that any
condition imposed in respect of a permission
has been contravened or not complied with,
it may revoke the permission.
(5) Before taking any action under this section
25 the Authority may seek and use information
and advice from any person or body or other
source as it thinks fit.
93J Application for review
(1) A person whose interests are affected by a
30 decision of the Authority under sections 93H
and 93I may apply to the Tribunal for review
of the decision.
561335B.I-24/11/2009 14 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 18
(2) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
or
5 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
10 to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be given.
93K Offence to charge debtor for cost of debt
collection
15 (1) A debt collector must not recover, or attempt
to recover, from a debtor any remuneration
or payment in connection with the collection
of a debt including the costs and expenses of
a debt collector for--
20 (a) finding or attempting to find goods or
chattels of the debtor;
(b) repossessing or attempting to repossess
goods or chattels from the debtor;
(c) collecting or attempting to collect a
25 debt owed by the debtor.
Penalty: 120 penalty units.
(2) Subsection (1)(b) does not apply to a debt
collector appointed by a person to repossess
goods or chattels from a debtor if that person
30 has a right under a goods mortgage or other
agreement with the debtor to recover the
costs or expenses for the repossession of
goods.
561335B.I-24/11/2009 15 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 18
(3) Any costs or expenses recovered in
contravention of subsection (1)--
(a) may be recovered by the debtor as a
debt; and
5 (b) if the debt collector is the creditor--
(i) may be set off against the debt; or
(ii) may be recovered by the debtor
from the debt collector or the
creditor.
10 (4) In this section--
costs do not include--
(a) stamp duty; or
(b) legal costs fixed by, or payable
under, rules of court or a court
15 order;
creditor includes a partner, employer,
employee, principal or agent of the
creditor or a person who is in any way
acting in collusion with the creditor;
20 debtor includes a person from whom goods
or chattels may be lawfully
repossessed.
(5) This section applies subject to the Consumer
Credit Code.
25 93L Offence to purchase debt for the purpose
of collection
A prohibited person must not
knowingly purchase, or accept
assignment of, a debt from a creditor
30 for the purpose of collecting that debt
if--
561335B.I-24/11/2009 16 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 19
(a) the debtor is a natural person; and
(b) the debt is wholly or
predominantly accrued in
connection with personal,
5 domestic or household purposes.
Penalty: In the case of a body corporate,
1200 penalty units;
In any other case, 240 penalty
units or 2 years imprisonment.
10 __________________".
19 Transitional provisions
In Schedule 3 to the Fair Trading Act 1999, after
clause 15 insert--
"16 Transitional--Consumer Affairs
15 Legislation Amendment Act 2009
(1) As soon as practicable after 1 January 2011,
the Director must take possession, and have
custody, control and use of the register
within the meaning of section 7 of the
20 Private Agents Act 1966.
(2) As soon as practicable after 1 January 2011,
the Director must send a notice to every
person who, immediately before that date,
held a licence in respect of any category of
25 private agent under the Private Agents Act
1966, requiring that person to give or send
their licence to the Director.
(3) A person must within 14 days of receipt of
the notice under subsection (2) give or send
30 their licence to the Director.
Penalty: 30 penalty units.
561335B.I-24/11/2009 17 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 19
17 Transitional--Repeal of Trade
Measurement Act 1995
(1) On and from the commencement of
section 83 of the Consumer Affairs
5 Legislation Amendment Act 2009, the
Director may bring proceedings for an
offence under the Trade Measurement Act
1995 if the alleged offence was committed
before the commencement of that section.
10 (2) On and from the commencement of
section 83 of the Consumer Affairs
Legislation Amendment Act 2009, any
proceeding commenced by the Director,
Trade Measurement Victoria in relation to a
15 contravention of the Trade Measurement
Act 1995 before that date, may be continued
by the Director of Consumer Affairs
Victoria.
(3) Despite section 83 of the Consumer Affairs
20 Legislation Amendment Act 2009,
Division 3 of Part 6 of the Trade
Measurement Act 1995, as in force
immediately before its repeal, continues to
apply in relation to any matter for which a
25 notice has been served under section 57 of
that Act before 1 July 2010.
(4) Despite section 83 of the Consumer Affairs
Legislation Amendment Act 2009,
Division 4 of Part 6 of the Trade
30 Measurement Act 1995, as in force
immediately before its repeal, continues to
apply in relation to any person who is the
subject of disciplinary action taken by the
licensing authority under section 58 of that
35 Act.
561335B.I-24/11/2009 18 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 19
(5) Any reference to the licensing authority in
Divisions 3 and 4 of Part 6 of the Trade
Measurement Act 1995, as in force
immediately before the repeal of that Act and
5 that continues to apply by virtue of this
clause, is taken to be a reference to the
Director of Consumer Affairs Victoria and
any disciplinary action commenced by the
Director, Trade Measurement Victoria may
10 be continued by the Director of Consumer
Affairs Victoria.
(6) On and from the commencement of
section 83 of the Consumer Affairs
Legislation Amendment Act 2009, any fees
15 that were due and payable under the Trade
Measurement Act 1995 or the regulations
on that date, continue to be due and payable
and, despite anything to the contrary in that
Act or the regulations immediately before its
20 repeal, may be collected by the Director of
Consumer Affairs Victoria.
(7) Despite the repeal of the Trade
Measurement Act 1995, the powers of an
inspector to investigate an offence against
25 that Act under Part 7 of that Act--
(a) continue to apply where the alleged
offence occurred before 1 July 2010;
and
(b) despite anything to the contrary in that
30 Act as in force immediately before its
repeal, may be exercised by an
inspector appointed by the Director of
Consumer Affairs Victoria for that
purpose in accordance with section 114
35 of this Act.
561335B.I-24/11/2009 19 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 19
(8) On and from the commencement of
section 83 of the Consumer Affairs
Legislation Amendment Act 2009, any
item seized by an inspector under section 61
5 or 62 of the Trade Measurement Act 1995
as in force immediately before its repeal and
held by the administering authority under
that Act--
(a) must be transferred to the custody of
10 the Director of Consumer Affairs
Victoria; and
(b) may be returnable to the person from
whom it was seized on application,
within the time limits specified in
15 section 64 of that Act, to the Director of
Consumer Affairs Victoria.
(9) In this clause, regulations includes
regulations made under either the Trade
Measurement Act 1995 or the Trade
20 Measurement (Administration) Act 1995,
or both.
18 Transitional--Repeal of Trade
Measurement (Administration) Act 1995
(1) On and from the commencement of
25 section 84 of the Consumer Affairs
Legislation Amendment Act 2009, the
Director may bring proceedings for an
offence under the Trade Measurement
(Administration) Act 1995 or the
30 regulations if the alleged offence was
committed before the commencement of that
section.
(2) On and from the commencement of
section 84 of the Consumer Affairs
35 Legislation Amendment Act 2009, any
proceeding commenced by the Director in
561335B.I-24/11/2009 20 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 19
relation to a contravention of the Trade
Measurement (Administration) Act 1995
or the regulations before that date, may be
continued by the Director.
5 (3) On and from the commencement of
section 84 of the Consumer Affairs
Legislation Amendment Act 2009, any fees
that were due and payable under the Trade
Measurement (Administration) Act 1995
10 or any regulations made under that Act on
that date, continue to be due and payable
and, despite anything to the contrary in that
Act or the regulations immediately before its
repeal, are to be paid to the Director of
15 Consumer Affairs Victoria.
(4) Despite the repeal of the Trade
Measurement (Administration) Act 1995,
for the purposes of exercising the transitional
powers conferred by clause 17 and this
20 clause of this Schedule, the Director of
Consumer Affairs Victoria may exercise the
power of the Director, Trade Measurement
Victoria to appoint a person as an inspector
under section 9(1)(a) of that Act.
25 (5) On and from the commencement of
section 84 of the Consumer Affairs
Legislation Amendment Act 2009, a
certification fee that would be payable on or
after 1 July 2010 under section 10 of the
30 Trade Measurement (Administration) Act
1995 or the regulations as in force
immediately before its repeal, that relates to
a certification carried out before that date--
(a) continues to be due and payable despite
35 the repeal of the Trade Measurement
(Administration) Act 1995; and
561335B.I-24/11/2009 21 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 19
(b) despite anything to the contrary in that
Act, is to be paid to the Director of
Consumer Affairs Victoria.
(6) Despite the repeal of the Trade
5 Measurement (Administration) Act 1995,
the power of an inspector to apply for a
search warrant under section 16 of that Act
as in force immediately before its repeal--
(a) continues to apply if the application
10 relates to premises which may contain
evidence of an alleged offence that
occurred before 1 July 2010; and
(b) despite anything to the contrary in the
Trade Measurement
15 (Administration) Act 1995 as in force
immediately before its repeal, may be
exercised within the time limits
specified in section 24 of that Act by an
inspector appointed by the Director of
20 Consumer Affairs Victoria for that
purpose in accordance with section 114
of this Act.
(7) Despite the repeal of the Trade
Measurement (Administration) Act 1995,
25 section 18 of that Act as in force
immediately before its repeal--
(a) continues to apply in relation to an
offence committed prior to 1 July 2010;
and
30 (b) any reference in that section to an
authorised officer is taken to be a
reference to a person authorised by the
Director of Consumer Affairs Victoria
for the purpose of this clause.
561335B.I-24/11/2009 22 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 4--Fair Trading Act 1999
s. 19
(8) In this clause, regulations includes
regulations made under either the Trade
Measurement Act 1995 or the Trade
Measurement (Administration) Act 1995,
5 or both.
19 Transitional--Transfer of information for
the purpose of the National Measurement
Act 1960 of the Commonwealth
(1) On and from the commencement of
10 section 83 of the Consumer Affairs
Legislation Amendment Act 2009, the
following information must be transferred to
the custody of the Director of Consumer
Affairs Victoria--
15 (a) the register of the prescribed particulars
relating to licences kept under
section 47 of the Trade Measurement
Act 1995;
(b) information obtained by the Director,
20 Trade Measurement Victoria as the
administering authority or licensing
authority.
(2) On and from the commencement of
section 83 of the Consumer Affairs
25 Legislation Amendment Act 2009, the
Director of Consumer Affairs Victoria may
provide any information transferred to it
under this clause to the National
Measurement Institute for the purpose of the
30 administration and enforcement of the
National Measurement Act 1960 of the
Commonwealth.".
__________________
561335B.I-24/11/2009 23 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 5--Owners Corporations Act 2006
s. 20
PART 5--OWNERS CORPORATIONS ACT 2006
20 Power to delegate
See: At the end of section 11 of the Owners
Act No.
69/2006 Corporations Act 2006 insert--
and
5 amending "(2) The instrument of delegation must be made
Act No.
2/2008.
at a general meeting.
LawToday:
www. (3) A delegation to the committee of the owners
legislation. corporation ceases to have effect at the next
vic.gov.au
annual general meeting after the instrument
10 is made if not sooner revoked.".
21 The common seal
(1) In section 19(1) of the Owners Corporations Act
2006 after "the name of the owners corporation"
insert "and the plan of subdivision number of the
15 plan that created the owners corporation".
(2) After section 19(2) of the Owners Corporations
Act 2006 insert--
"(3) Despite subsection (1), a common seal that
existed prior to the commencement of
20 section 21 of the Consumer Affairs
Legislation Amendment Act 2009 is not
invalid solely because it does not include the
subdivision plan number.".
22 When can the common seal be used?
25 In section 20(1) of the Owners Corporations Act
2006 after "authorised by" insert "this Act,
regulations made under this Act or".
23 Penalty interest on arrears
(1) In section 29(1) of the Owners Corporations Act
30 2006 for "An owners corporation" substitute
"If authorised by a resolution at a general meeting,
an owners corporation".
561335B.I-24/11/2009 24 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 5--Owners Corporations Act 2006
s. 24
(2) After section 29(3) of the Owners Corporations
Act 2006 insert--
"(4) The owners corporation must report to the
annual general meeting on any decision
5 under subsection (3) to waive or not to waive
the payment of interest in a particular case
and the reasons for that decision.".
24 What is an insurable building?
(1) In section 54 of the Owners Corporations Act
10 2006 after paragraph (a) of the definition of
building insert--
"(ab) any shared services; and".
(2) In section 54 of the Owners Corporations Act
2006 in paragraph (e) of the definition of building
15 for "a building." substitute "a building;".
(3) In section 54 of the Owners Corporations Act
2006, after the definition of building insert the
following definition--
"shared services includes any pipes or cables used
20 to provide services including water,
electricity, gas and telecommunications to
the building that are shared with a person
other than the owners corporation or any of
its members.".
25 25 Reinstatement and replacement insurance
After section 59(2) of the Owners Corporations
Act 2006 insert--
"(2A) The insurance required under subsection (1)
includes reinstatement and replacement
30 insurance for the owners corporation's
portion of any shared services.".
561335B.I-24/11/2009 25 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 5--Owners Corporations Act 2006
s. 26
26 Agenda for annual general meeting
In section 71(2) of the Owners Corporations Act
2006--
(a) in paragraph (h)--
5 (i) after "report under section" insert
"29(4),";
(ii) for "Part 10." substitute "Part 10;";
(b) after paragraph (h) insert--
"(i) the tabling and consideration of the
10 minutes of the previous annual general
meeting.".
27 Notice of annual general meeting
(1) In section 72(2)(f) of the Owners Corporations
Act 2006 for "proxy." substitute "proxy;".
15 (2) After section 72(2)(f) of the Owners
Corporations Act 2006 insert--
"(g) any report to be considered at the meeting
under section 71(2)(h); and
(h) the minutes of the previous annual general
20 meeting.".
28 Who chairs the general meeting?
At the foot of section 79(2) of the Owners
Corporations Act 2006 insert--
"Note
25 See sections 98, 105 and 106.".
29 Owners corporation may require certain matters to
be dealt with at general meetings
At the foot of section 82 of the Owners
Corporations Act 2006 insert--
30 "Note
See section 90(a).".
561335B.I-24/11/2009 26 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 5--Owners Corporations Act 2006
s. 30
30 New section 94 substituted
For section 94 of the Owners Corporations Act
2006 substitute--
"94 Can a lot owner vote if fees are unpaid?
5 (1) Subject to subsection (2), a lot owner who is
in arrears for any amount owed to the owners
corporation is not entitled to vote, either in
person, by ballot or by proxy, unless the
amount in arrears is paid in full.
10 (2) A lot owner who is in arrears for any amount
owed to the owners corporation is always
entitled to vote in a case where a special
resolution or unanimous resolution is
required.
15 (3) For the purposes of subsection (1), except in
the case of a payment by cheque, an amount
is only taken to paid in full if it is paid not
less than four business days before the vote
in question.".
20 31 Chairperson of owners corporation
After section 98(2) of the Owners Corporations
Act 2006 insert--
"(3) A chairperson elected by the lot owners of an
owners corporation under subsection (1) may
25 be removed by resolution at a general
meeting.".
32 Secretary
(1) At the foot of section 99(2) of the Owners
Corporations Act 2006 insert--
30 "Note
See section 107.".
561335B.I-24/11/2009 27 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 5--Owners Corporations Act 2006
s. 33
(2) After section 99(2) of the Owners Corporations
Act 2006 insert--
"(2A) A secretary elected by the lot owners of an
owners corporation under subsection (1) may
5 be removed by resolution at a general
meeting.".
33 Functions and powers of the committee
In section 101(1) of the Owners Corporations
Act 2006 for "all the powers and functions that
10 may be delegated" substitute "only the powers
and functions that are delegated to it".
34 Chairperson of committee
At the end of section 105 of the Owners
Corporations Act 2006 insert--
15 "(2) An appointment as chairperson under
subsection (1)--
(a) is to be conducted by means of a
majority vote;
(b) may be revoked by means of a majority
20 vote.
(3) If a person's appointment as chairperson of a
committee is revoked under subsection
(2)(b), that revocation does not affect the
person's membership of the committee.".
25 35 Secretary of committee
At the end of section 107 of the Owners
Corporations Act 2006 insert--
"(2) An appointment as secretary of the
committee under subsection (1)--
30 (a) is to be conducted by means of a
majority vote;
(b) may be revoked by means of a majority
vote.
561335B.I-24/11/2009 28 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 5--Owners Corporations Act 2006
s. 36
(3) If a person's appointment as secretary of the
committee is revoked under subsection (2)(b)
and that person is a lot owner, that
revocation does not affect the person's
5 membership of the committee.".
36 Notice of meetings
In section 109 of the Owners Corporations Act
2006--
(a) in subsection (2)(a) for "3 days (excluding
10 public holidays)" substitute "3 business
days";
(b) in subsection (3)(b), for "meeting."
substitute "meeting; and";
(c) after subsection (3)(b) insert--
15 "(c) the minutes of the previous meeting;
and
(d) a statement that a member of the
committee may appoint a proxy for the
purpose of the meeting.".
20 37 Functions of the manager where there is a
committee
In section 120(1)(c) of the Owners Corporations
Act 2006 omit "at a general meeting".
38 New section 121 inserted
25 For section 121 of the Owners Corporations Act
2006 substitute--
"121 Functions of the manager where there is
no committee
If there is no committee of the owners
30 corporation, the manager has the functions
and powers that are conferred on the
manager by--
561335B.I-24/11/2009 29 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 5--Owners Corporations Act 2006
s. 39
(a) this Act and any regulations made
under this Act;
(b) the rules of the owners corporation;
(c) the owners corporation by resolution;
5 (d) delegation by the owners corporation.".
39 Availability of register
In section 150(2) of the Owners Corporations
Act 2006 for "corporation may" substitute
"corporation must".
10 40 Owners corporation certificate
(1) In section 151(4)(b)(v) of the Owners
Corporations Act 2006 for "register." substitute
"register; and".
(2) After section 151(4)(b) of the Owners
15 Corporations Act 2006 insert--
"(c) be sealed with the owners corporation's
common seal.".
__________________
561335B.I-24/11/2009 30 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 6--Property Law Act 1958
s. 41
PART 6--PROPERTY LAW ACT 1958
41 New Division 5A of Part II inserted
After Division 5 of Part II of the Property Law See:
Act No.
Act 1958 insert-- 6344.
Reprint No. 12
as at
5 "Division 5A--Removal of buildings and 10 May 2007
fixtures and
amending
Act Nos
154A Tenant may remove buildings and fixtures 75/2006,
12/2008 and
(1) A tenant who at his or her own cost or 24/2008.
LawToday:
expense has installed fixtures on, or www.
10 renovated, altered or added to, a rented legislation.
vic.gov.au
premises owns those fixtures, renovations,
alterations or additions and may remove
them before the relevant agreement
terminates or during any extended period of
15 possession of the premises, but not
afterwards.
(2) A tenant who removes any fixtures,
renovations, alterations or additions under
subsection (1) must--
20 (a) restore the premises to the condition
they were in immediately before the
installation, renovation, alteration or
addition, fair wear and tear excepted; or
(b) pay the landlord an amount equal to the
25 reasonable cost of restoring the
premises to that condition.
(3) This section does not apply to the extent
that--
(a) the lease otherwise provides; or
30 (b) the landlord and the tenant otherwise
agree.".
__________________
561335B.I-24/11/2009 31 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 42
PART 7--PROSTITUTION CONTROL ACT 1994
42 Updated references to prostitute and prostitution
See: (1) In the title of the Prostitution Control Act 1994,
Act No.
102/1994. for "Prostitution Control" substitute
5 Reprint No. 6 "Sex Work".
as at
1 May 2008
and
(2) The Prostitution Control Act 1994 is amended
amending as set out in Schedule 1.
Act Nos
16/2004,
4/2008,
12/2008,
24/2008,
46/2008,
82/2008 and
25/2009.
LawToday:
www.
legislation.
vic.gov.au
43 New section 3B inserted
After section 3A of the Prostitution Control Act
10 1994 insert--
"3B Exemptions for sex on premises venues
(1) The Secretary may exempt a sex on premises
venue from the operation of this Act if the
Secretary is satisfied that--
15 (a) the operator has agreed in writing to
operate the venue in accordance with a
statement of principles and procedures
for the promotion of sexual health that
has been endorsed by the Secretary; and
20 (b) if the venue has commenced operation,
the operator is operating the venue in
accordance with that statement of
principles and procedures.
561335B.I-24/11/2009 32 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 43
(2) In granting an exemption, the Secretary--
(a) must issue the exemption in writing;
and
(b) may specify the period for which it is to
5 apply; and
(c) may impose any condition that the
Secretary considers to be appropriate
for the purposes of protecting public
health.
10 (3) The Secretary, at any time by notice in
writing to the operator of a sex on premises
venue, may vary, suspend or revoke an
exemption granted under subsection (1) in
respect of the venue if the Secretary is
15 satisfied that the operator has failed to
comply with--
(a) the statement of principles and
procedures referred to in subsection (1);
or
20 (b) a condition imposed under
subsection (2)(c).
(4) The Secretary must notify the Director, the
Authority and the Chief Commissioner of
Police of--
25 (a) any exemption granted under
subsection (1); or
(b) the suspension, variation or revocation
of an exemption under subsection (3).
(5) In this section--
30 operator means the owner of the sex on
premises venue business;
Secretary means the Secretary to the
Department of Health;
561335B.I-24/11/2009 33 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 44
sex on premises venue means any venue
where a person is required to pay an
admission fee or charge to enter the
venue for the purpose of engaging in
5 sexual activities with another person
who has also entered the venue on the
same terms and who did not receive
any form of payment or reward,
whether directly or indirectly, for
10 engaging in sexual activities.".
44 New section 18A inserted
After section 18 of the Prostitution Control Act
1994 insert--
"18A Sex workers and clients must adopt safer
15 sex practices
(1) A person must not provide or receive sexual
services unless he or she has taken all
reasonable steps to ensure a condom or other
appropriate barrier is used if that sex work
20 involves vaginal, anal, or oral penetration or
another activity with a similar or greater risk
of acquiring or transmitting sexually
transmitted diseases.
Penalty: 20 penalty units.
25 (2) A person who provides or receives sex work
services must take all reasonable steps to
minimise the risk of acquiring or
transmitting sexually transmitted diseases
while providing or receiving those services.
30 Penalty: 20 penalty units.".
561335B.I-24/11/2009 34 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 45
45 Permitting sex worker infected with a disease to
work in a brothel etc.
(1) In section 19(2)(a)(ii) of the Prostitution Control
Act 1994 for "on at least a monthly basis"
5 substitute "at the time periods determined by the
Health Minister by Order published in the
Government Gazette".
(2) After section 19(2) of the Prostitution Control
Act 1994 insert--
10 "(3) In this section, Health Minister means the
person for the time being administering the
Public Health and Wellbeing Act 2008.".
46 Sex worker working while infected with a disease
(1) In section 20(2)(a)(ii) of the Prostitution Control
15 Act 1994 for "on at least a monthly basis"
substitute "at the time periods determined by the
Health Minister by Order published in the
Government Gazette".
(2) After section 20(2) of the Prostitution Control
20 Act 1994 insert--
"(3) In this section, Health Minister means the
person for the time being administering the
Public Health and Wellbeing Act 2008.".
47 Sex work service providers to be licensed
25 In section 22(1) of the Prostitution Control Act
1994, in the penalty at the foot of that section, for
"level 6 fine (600 penalty units maximum)"
substitute "level 5 fine (1200 penalty units
maximum)".
561335B.I-24/11/2009 35 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 48
48 New section 24A inserted
After section 24 of the Prostitution Control Act
1994 insert--
"24A Annual statement regarding exemption
5 (1) A person who carries on a sex work service
providing business that has been entered on
the register must provide to the Authority,
within 6 weeks after the anniversary of his or
her date of notification of prescribed
10 particulars under section 24 or this section, a
statement that sets out--
(a) whether or not he or she continues to
rely on the exemption in section 23;
and
15 (b) if so, the prescribed particulars in
relation to the business.
(2) The Authority must record the information
provided under subsection (1) in the register.
(3) If a person does not provide an annual
20 statement in accordance with subsection (1),
the Authority must send a written notice to
the person at the address recorded in the
register for that person, requesting that the
annual statement be provided within 14 days
25 of the date of the notice.
(4) A person must comply with a notice issued
under subsection (3).
Penalty: 30 penalty units.
(5) If a person fails to comply with a notice
30 under subsection (3), the Registrar must
record in the register that the annual
statement has not been provided and the
information recorded is not current.
561335B.I-24/11/2009 36 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 49
(6) In this section register means the register
created by the Registrar under section 24.".
49 New section 39A inserted
After section 39 of the Prostitution Control Act
5 1994 insert--
"39A Licensee identity cards
(1) The Authority must issue an identity card to
a person who is granted a licence under
section 39.
10 (2) An identity card issued under subsection (1)
must be in the form approved by the
Authority (which may require a photograph
of the person) and is valid for the period
specified by the Authority.
15 (3) A licensee must carry his or her identity card
at all times while at the brothel to which the
licence applies.
Penalty: 10 penalty units.".
50 Amendment of licence
20 After section 40(2) of the Prostitution Control
Act 1994 Act insert--
"(3) An application by a licensee referred to in
subsection (2) must be accompanied by the
prescribed fee (if any).".
25 51 Cancelled or suspended licence must be returned
In section 41 of the Prostitution Control Act
1994 for "to the Authority within 7 days of
becoming aware of the suspension or
cancellation" substitute "and any identity card
30 issued under section 39A to the Authority within
7 days of receiving notification of the suspension
or cancellation of the licence".
561335B.I-24/11/2009 37 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 52
52 Requirement for licensee to be in effective control of
business
After section 42(7) of the Prostitution Control
Act 1994 insert--
5 "(8) The nomination of a person as the licensee in
effective control of the business under
subsection (7) does not affect the duties and
obligations of any other licensee under this
Act.".
10 53 New section 46AA inserted
After section 46 of the Prostitution Control Act
1994 insert--
"46AA Authority may conduct checks upon
receipt of information relating to change
15 of ownership of premises
(1) This section applies if information provided
under section 46 relates to a change in the
information that was provided under section
33(2)(b)(i)(B).
20 (2) The Authority may request, by notice in
writing, any new owner of a premises from
which a brothel is operated (or if that owner
is a body corporate, each director of that
body corporate) to furnish to the Authority
25 any authorities and consents that it requires
for the purpose of enabling it to determine if
that person is of good repute, having regard
to character, honesty and integrity.
(3) A person must comply with a request made
30 under subsection (2).
Penalty: 60 penalty units.".
561335B.I-24/11/2009 38 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 54
54 New section 47A inserted
After section 47 of the Prostitution Control Act
1994 insert--
"47A Death, disability etc. of licensed sex work
5 service provider
(1) The following persons may carry on the sex
work service providing business of a person
who was a licensed sex work service
provider under this Part for 30 days after the
10 person ceases to be licensed--
(a) if the person dies, the executor named
in the person's will or the administrator
of the person's estate or any person who
intends applying for letters of
15 administration in relation to the
person's estate;
(b) if the person becomes an insolvent
under administration, the assignee,
trustee or receiver of the person;
20 (c) if the person becomes a represented
person within the meaning of the
Guardianship and Administration
Act 1986, the guardian or administrator
of the person or any person nominated
25 by the guardian or administrator.
(2) If a person authorised to carry on the
business applies to the Authority within the
30-day period for permission to carry on the
business for a longer period, the person may
30 continue to carry on the business until the
Authority makes a decision on the
application.
(3) The Authority may grant an application if it
is satisfied that it is not contrary to the public
35 interest to do so.
561335B.I-24/11/2009 39 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 55
(4) In granting its permission, the Authority may
limit it in any way it thinks appropriate and
may impose any conditions it thinks
appropriate to ensure the ongoing protection
5 of the public interest.
(5) The Authority may at any time withdraw any
permission it has granted under this section
or limit, or impose, revoke or vary conditions
on, any such permission.
10 (6) A person who has been granted permission
under this section must comply with any
limitation or condition that applies to the
permission.
Penalty: 50 penalty units.
15 (7) A person who carries on a sex work service
providing business under this section is
deemed, for the purposes of this Act, to be a
licensed sex work service provider on the
same terms and conditions as applied to the
20 person who has ceased to be licensed.".
55 New section 52AAA
After section 52 of the Prostitution Control Act
1994 insert--
"52AAA Approved manager identity cards
25 (1) The Authority must issue an identity card to
a person who is approved as a manager of a
brothel under section 52.
(2) An identity card issued under subsection (1)
must be in the form approved by the
30 Authority and is valid for the duration
specified by the Authority.
561335B.I-24/11/2009 40 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 56
(3) An approved manager must carry his or her
identity card at all times while at the brothel
for which he or she is approved as manager.
Penalty: 10 penalty units.".
5 56 New sections 53A, 53B and 53C inserted
After section 53 of the Prostitution Control Act
1994 insert--
"53A Application for permission to act as
approved manager
10 (1) An approved manager who has his or her
approval cancelled under section 53(1)(e)
may apply to the Authority at any time for
permission to manage a sex work service
providing business.
15 (2) An application under this section must--
(a) be in the form approved by the
Authority;
(b) contain the information required by the
Authority;
20 (c) be accompanied by the documents
required by the Authority;
(d) be accompanied by the prescribed fee
(if any).
53B Permission from the Authority
25 (1) The Authority may give its permission if it is
satisfied that it is not contrary to the public
interest to do so.
(2) In determining whether to give its
permission, the Authority may--
30 (a) conduct any inquiries it thinks fit;
561335B.I-24/11/2009 41 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 56
(b) require the applicant to provide any
further information relating to the
application that the Authority considers
necessary in the form required by the
5 Authority;
(c) seek and use information and advice on
the application from any person or body
or other source as it thinks fit.
(3) The Authority may refuse to give its
10 permission if the applicant refuses or fails to
provide any information requested by the
Authority under subsection (2)(b) within a
reasonable time after the requirement is
made.
15 53C Authority may impose conditions
(1) In giving its permission under section 53B,
the Authority may impose any conditions it
considers appropriate to ensure the ongoing
protection of the public interest.
20 (2) The person given the permission, or the
Director, may apply to the Authority for a
variation or revocation of any conditions the
Authority has imposed.
(3) A person given permission must comply
25 with any conditions imposed in respect of
that permission.
Penalty: 25 penalty units.
(4) If the Authority is satisfied that any
condition imposed in respect of a permission
30 has been contravened or not complied with,
it may revoke the permission.
(5) Before taking any action under this section,
the Authority may seek and use information
and advice from any person or body or other
35 source as it thinks fit.".
561335B.I-24/11/2009 42 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 57
57 Cancelled or suspended approval must be returned
In section 54B of the Prostitution Control Act
1994, for "to the Authority within 7 days of
becoming aware of the suspension or
5 cancellation" substitute "and any identity card
issued under section 52AAA to the Authority
within 7 days of receiving notification of the
suspension or cancellation".
58 Licence and approvals register
10 In section 55(1) of the Prostitution Control Act
1994 after paragraph (b) insert--
"(ba) the name of any licensee who is nominated,
approved or permitted to be the licensee in
effective control of the business under
15 section 42;".
59 Application for review
(1) In section 56(1) of the Prostitution Control Act
1994 for "39, 40, 52 or 52AA" substitute
"36A(4), 39, 40, 47A, 52, 52AA, 53B or 53C".
20 (2) After section 56(1) of the Prostitution Control
Act 1994 insert--
"(1A) A person whose interests are affected by a
decision of the Secretary to the Department
of Health under section 3B(1) or (3) may
25 apply to the Tribunal for a review of that
decision.".
60 New section 60A inserted
After section 60 of the Prostitution Control Act
1994 insert--
30 "60A Display of prescribed signage relating to
sexual slavery
(1) A licensee must keep the prescribed signage
relating to sexual slavery displayed on the
premises of the sex work service providing
561335B.I-24/11/2009 43 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 61
business in such place or places that it may
be read by any person on the premises.
Penalty: 10 penalty units.
(2) The Governor in Council may make
5 regulations prescribing--
(a) signage in relation to sexual slavery for
the purposes of subsection (1); and
(b) the locations where that signage is to be
displayed.".
10 61 Production of licence or certificate of approval
(1) Insert the following heading to section 61 of the
Prostitution Control Act 1994--
"Production of licence, certificate of approval
or identity card".
15 (2) At the end of section 61 of the Prostitution
Control Act 1994 insert--
"(2) A licensee or approved manager must not,
without reasonable excuse, refuse or fail to
produce his or her identity card to an
20 authorised member of the police force or an
inspector if that member or inspector
demands him or her to do so.
Penalty: Level 10 fine (10 penalty units
maximum).".
25 62 Accounts and other documents available for
inspection
(1) In section 61C(1) of the Prostitution Control Act
1994--
(a) for "prostitution" substitute "sex work";
30 (b) for "in which they can be readily and
expeditiously" substitute "that can be
immediately and easily".
561335B.I-24/11/2009 44 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 63
(2) In section 61C(2) of the Prostitution Control Act
1994--
(a) for "last 7 years" substitute "7 years
preceding the date of the surrender or
5 cancellation of the licence";
(b) for "readily and expeditiously" substitute
"immediately and easily".
(3) In section 61C(3) of the Prostitution Control Act
1994--
10 (a) for "last 7 years" substitute "7 years
preceding the date of the suspension of the
licence";
(b) for "readily and expeditiously" substitute
"immediately and easily".
15 63 New section 61DA inserted
After section 61D of the Prostitution Control
Act 1994 insert--
"61DA Persons to answer questions in relation to
suspected non-licensed sex work service
20 providing businesses
(1) If an inspector believes on reasonable
grounds that premises are being used as a
brothel in respect of which there is not in
force any licence required under Part 3, the
25 inspector may request any person who is
entering or leaving those premises to--
(a) provide his or her name and address;
and
(b) answer orally any questions put by the
30 inspector in relation to the use of the
premises as a brothel; and
561335B.I-24/11/2009 45 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 63
(c) provide a written statement to the
inspector in relation to any questions
put by the inspector under
paragraph (b).
5 (2) An inspector who makes a request under
subsection (1) must--
(a) inform the person that he or she is an
inspector; and
(b) state his or her name; and
10 (c) produce for inspection by the person
proof that he or she is an inspector; and
(d) inform the person that the following are
offences--
(i) a failure to comply with the
15 request;
(ii) the provision of a false name or
address;
(iii) making a false or misleading
statement.
20 (3) A person must not, in response to a request
made under subsection (1) by an inspector in
accordance with this section refuse or fail to
comply with the request.
Penalty: Level 10 fine (10 penalty units
25 maximum).
(4) Despite subsection (3), it is not an offence
for a person to fail to comply with a request
made under subsection (1) if the inspector
did not fully comply with subsection (2) in
30 making the request.
(5) If a person states a name and address in
response to a request made under subsection
(1), the inspector may request the person to
561335B.I-24/11/2009 46 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 64
provide evidence of the correctness of the
name and address.
(6) A person must comply with a request made
under subsection (5), unless he or she has a
5 reasonable excuse for not doing so.
Penalty: Level 10 fine (10 penalty units
maximum).
(7) It is not an offence for a person to fail to
comply with a request made under
10 subsection (5) if the inspector did not inform
the person, at the time the request was made,
that it is an offence to fail to comply with the
request.
(8) An inspector must not divulge to any other
15 person or use for any purpose any
information received by the inspector in
response to a request made under subsections
(1) or (5), except--
(a) in connection with the administration of
20 this Act or the regulations; or
(b) for the purposes of any legal
proceedings arising out of this Act or
the regulations, or of any report of such
proceedings.
25 Penalty: 50 penalty units.".
64 Third parties to produce documents and answer
questions relating to specified business
In section 61E of the Prostitution Control Act
1994 for "licensee's business as a prostitution
30 service provider" (where twice occurring)
substitute "licensee's business as, or any other
business an inspector reasonably suspects is
operating as, a sex work service provider".
561335B.I-24/11/2009 47 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 65
65 Department Heads, police and public authorities to
produce information to inspectors
In section 61F(1)(a) of the Prostitution Control
Act 1994 for "licensee's business as a prostitution
5 service provider" substitute "licensee's business
as, or any other business an inspector reasonably
suspects is operating as, a sex work service
provider".
66 Certain other specified persons or bodies to produce
10 information
In section 61G(1)(a) of the Prostitution Control
Act 1994 for "licensee's business as a prostitution
service provider" substitute "licensee's business
as, or any other business an inspector reasonably
15 suspects is operating as, a sex work service
provider".
67 Order requiring the supply of information and
answers to questions
In section 61I(1)(a) and (b) of the Prostitution
20 Control Act 1994 for "licensee's business as a
prostitution service provider" substitute
"licensee's business as, or any other business an
inspector reasonably suspects is operating as, a
sex work service provider".
25 68 Entry to licensed premises by police
(1) Insert the following heading to section 62 of the
Prostitution Control Act 1994--
"Entry to licensed premises by Chief
Commissioner of Police".
561335B.I-24/11/2009 48 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 69
(2) In section 62(1) of the Prostitution Control Act
1994--
(a) for "A member of the police force of or
above the rank of inspector" substitute
5 "The Chief Commissioner of Police";
(b) for "prostitution" substitute "sex work".
(3) In section 62(2) of the Prostitution Control Act
1994 for "member or members of the police force"
substitute "Chief Commissioner of Police".
10 (4) In section 62(4) of the Prostitution Control Act
1994 for "member of the police force in charge of
the operation" substitute "Chief Commissioner of
Police".
(5) In section 62(5) of the Prostitution Control Act
15 1994 for "a member of the police force"
substitute "the Chief Commissioner of Police".
69 Entry to unlicensed premises--without search
warrant
(1) For section 64(1) of the Prostitution Control Act
20 1994 substitute--
"(1) If outside office hours the Chief
Commissioner of Police believes on
reasonable grounds that a person is carrying
on business at particular premises as a sex
25 work service provider in contravention of
section 22(1) or (1A) or 24(1) and that
relevant evidence is likely to be lost if entry
to the premises is delayed until a search
warrant is obtained, the Chief Commissioner
30 may authorise entry to the premises in
accordance with the procedure set out in
subsection (2).".
561335B.I-24/11/2009 49 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 70
(2) In section 64(2) of the Prostitution Control Act
1994--
(a) for "member of the police force referred to in
subsection (1)" substitute "Chief
5 Commissioner of Police";
(b) in paragraph (c), for "authorising member of
the police force" substitute "Chief
Commissioner".
70 New section 65A inserted
10 After section 65 of the Prostitution Control Act
1994 insert--
"65A Delegations by the Chief Commissioner
Any delegation made by the Chief
Commissioner under section 6A of the
15 Police Regulation Act 1958 of his or her
functions and powers under this Division
must be made to a member of the police
force who is of or above the rank of senior
sergeant.".
20 71 Restriction on certain permit applications
In section 72 of the Prostitution Control Act
1994 after paragraph (a) insert--
"(ab) a person who has made an application for a
licence under section 33; or".
25 72 New section 74A inserted
After section 74 of the Prostitution Control Act
1994 insert--
"74A Conditions on permits for licence
applicants
30 A permit for the use or development of land
for the purposes of the operation of a brothel
granted by the responsible authority to an
applicant for a licence under section 33 must
561335B.I-24/11/2009 50 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 73
include a condition that that use or
development must not commence unless and
until the person is granted the licence.".
73 Power to serve an infringement notice
5 (1) In section 89A(3) of the Prostitution Control Act
1994--
(a) after paragraph (a) insert--
"(ab) section 41;";
(b) in paragraph (h) for "60(2)." substitute
10 "60(2);";
(c) after paragraph (h) insert--
"(i) section 61;
(j) section 61C(1);
(k) section 61C(2);
15 (l) section 61C(3).".
(2) In section 89A(4) of the Prostitution Control Act
1994--
(a) after paragraph (a) insert--
"(ab) subsection (3)(ab) is 3 penalty units;";
20 (b) in paragraph (h) for "1 penalty unit."
substitute "1 penalty unit;";
(c) after paragraph (h) insert--
"(i) subsection (3)(i) is 1 penalty unit;
(j) subsection (3)(j) is 1 penalty unit;
25 (k) subsection (3)(k) is 1 penalty unit;
(l) subsection (3)(l) is 1 penalty unit.".
561335B.I-24/11/2009 51 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 7--Prostitution Control Act 1994
s. 74
74 New section 94 inserted
After section 93 of the Prostitution Control Act
1994 insert--
"94 Saving provision concerning change of
5 Act name
Any reference to the Prostitution Control
Act 1994 in any Act, subordinate instrument,
agreement or other document as far as it
relates to any period after the
10 commencement of section 42 of the
Consumer Affairs Legislation
Amendment Act 2009 is to be treated as a
reference to the Sex Work Act 1994, unless
the contrary intention appears.".
__________________
561335B.I-24/11/2009 52 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 8--Sale of Land Act 1962
s. 75
PART 8--SALE OF LAND ACT 1962
75 Deposit moneys held by legal practitioner,
conveyancer or estate agent to be held as
stakeholder
5 For section 24(1A) of the Sale of Land Act 1962 See:
Act No.
substitute-- 6975.
Reprint No. 13
"(2) This section does not prevent the transfer of as at
1 July 2008
deposit moneys from-- and
amending
(a) a legal practitioner, estate agent or Act Nos
10 conveyancer to another legal 6/2008 and
12/2008.
practitioner, estate agent or LawToday:
conveyancer if that other legal www.
legislation.
practitioner, estate agent or vic.gov.au
conveyancer is acting for the vendor in
15 relation to the sale; or
(b) a vendor to a legal practitioner, estate
agent or conveyancer acting for that
vendor.
(3) Any deposit moneys transferred under
20 subsection (2) must continue to be held by
the person to whom they were transferred as
a stakeholder under this Division.".
__________________
561335B.I-24/11/2009 53 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 9--Trade Measurement (Administration) Act 1995
s. 76
PART 9--TRADE MEASUREMENT (ADMINISTRATION)
ACT 1995
See: 76 Trade Measurement (Administration) Act 1995
Act No.
60/1995.
Reprint No. 1
After section 25 of the Trade Measurement
5 as at (Administration) Act 1995 insert--
12 August
1999 "25A Information sharing with National
and
amending Measurement Institute
Act Nos
17/2000, The Director may provide the following
44/2001,
108/2004,
information to the National Measurement
10 32/2006 and Institute for the purposes of the
2/2008.
LawToday:
administration and enforcement of the
www. National Measurement Act 1960 of the
legislation.
vic.gov.au
Commonwealth--
(a) the register of the prescribed particulars
15 relating to licences kept under
section 47 of the Trade Measurement
Act 1995;
(b) information obtained by the Director as
the administering authority or licensing
20 authority.".
__________________
561335B.I-24/11/2009 54 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 10--Repeals and Amendments
s. 77
PART 10--REPEALS AND AMENDMENTS
Division 1--Repeal of redundant Acts
77 Collusive Practices Act 1965
The Collusive Practices Act 1965 is repealed.
5 78 Fuel Prices Regulation Act 1981
The Fuel Prices Regulation Act 1981 is
repealed.
79 Marketable Securities Act 1970
The Marketable Securities Act 1970 is repealed.
10 80 Petroleum Retail Selling Sites Act 1981
The Petroleum Retail Selling Sites Act 1981 is
repealed.
81 Petroleum Products (Terminal Gate Pricing)
Act 2000
15 The Petroleum Products (Terminal Gate
Pricing) Act 2000 is repealed.
82 Private Agents Act 1966
The Private Agents Act 1966 is repealed.
83 Trade Measurement Act 1995
20 The Trade Measurement Act 1995 is repealed.
84 Trade Measurement (Administration) Act 1995
The Trade Measurement (Administration) Act
1995 is repealed.
85 Utility Meters (Metrological Controls) Act 2002
25 The Utility Meters (Metrological Controls) Act
2002 is repealed.
561335B.I-24/11/2009 55 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 10--Repeals and Amendments
s. 86
Division 2--Repeal of redundant provisions
86 Carriers and Innkeepers Act 1958
Sections 3 to 12 of the Carriers and Innkeepers
Act 1958 are repealed.
5 87 Companies (Administration) Act 1981
Sections 11 to 15 of the Companies
(Administration) Act 1981 are repealed.
88 Conveyancers Act 2006
Sections 190 and 192 of and Schedule 2 to the
10 Conveyancers Act 2006 are repealed.
89 Gambling Regulation Act 2003
Section 9A.1.8(2)(a) of the Gambling Regulation
Act 2003 is repealed.
90 Land Act 1958
15 Section 93 of the Land Act 1958 is repealed.
91 Landlord and Tenant Act 1958
(1) Section 2 and Parts I, II and III of the Landlord
and Tenant Act 1958 are repealed.
(2) The First, Second and Third Schedules to the
20 Landlord and Tenant Act 1958 are repealed.
92 Owners Corporations Act 2006
Parts 14, 15 and 16 of, and Schedule 3 to, the
Owners Corporations Act 2006 are repealed.
93 Water Act 1989
25 Sections 171A and 171I of the Water Act 1989
are repealed.
561335B.I-24/11/2009 56 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 10--Repeals and Amendments
s. 94
Division 3--Repeal of spent transitional provisions
94 Co-operatives Act 1996
Sections 464 and 465 of the Co-operatives Act
1996 are repealed.
5 95 Fair Trading Act 1999
Sections 166 to 169 of the Fair Trading Act 1999
are repealed.
96 Fundraising Act 1998
Sections 71(3), 72A and 73 of the Fundraising
10 Act 1998 are repealed.
97 Funerals Act 2006
Part 11 of the Funerals Act 2006 is repealed.
98 Partnership Act 1958
Section 79G of the Partnership Act 1958 is
15 repealed.
99 Retirement Villages Act 1986
Section 44 of the Retirement Villages Act 1986
is repealed.
100 Second-Hand Dealers and Pawnbrokers Act 1989
20 Part 7 of the Second-Hand Dealers and
Pawnbrokers Act 1989 is repealed.
101 Travel Agents Act 1986
Sections 49 to 51 of the Travel Agents Act 1986
are repealed.
561335B.I-24/11/2009 57 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 10--Repeals and Amendments
s. 102
Division 4--Consequential and other amendments
102 Corporations (Ancillary Provisions) Act 2001
At the end of Part 4 of the Corporations
(Ancillary Provisions) Act 2001 insert--
5 "27 Transitional--Repeal of Marketable
Securities Act 1970
(1) Without limiting section 25, the Governor in
Council may make regulations for or with
respect to matters of a transitional nature
10 relating to the repeal of the Marketable
Securities Act 1970.
(2) Any provision of the regulations made under
this section may be expressed to take effect
from a time that is earlier than the beginning
15 of the day on which the regulations
containing the provision are made, not being
a time earlier than immediately before the
day on which the Consumer Affairs
Legislation Amendment Act 2009 receives
20 the Royal Assent.
(3) To the extent to which a provision of the
regulations made under this section takes
effect from a time that is earlier than the
beginning of the day on which the
25 regulations containing the provision are
made, the provision does not operate so as--
(a) to affect in a manner prejudicial to any
person (other than the Crown or an
authority of the Crown), the rights of
30 that person existing before the date of
making of those regulations; or
561335B.I-24/11/2009 58 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 10--Repeals and Amendments
s. 103
(b) to impose liabilities on any person
(other than the Crown or an authority of
the Crown) in respect of anything done
or omitted to be done before the date of
5 making of those regulations.
(4) In this section, matters of a transitional
nature includes matters of an application or
savings nature.".
103 County Court Act 1958
10 In section 23(4) of the County Court Act 1958,
for "for the time being licensed under the Private
Agents Act 1966 as" substitute "who is".
104 Duties Act 2000
In section 22A(3) of the Duties Act 2000, for
15 "section 28 of the Landlord and Tenant Act
1958" substitute "section 154A of the Property
Law Act 1958".
105 Fair Trading Act 1999
(1) In the heading to Part 13 of the Fair Trading Act
20 1999 omit "REPEALS,".
(2) In Schedule 1 to the Fair Trading Act 1999
omit--
(a) "Trade Measurement Act 1995";
(b) "Trade Measurement (Administration)
25 Act 1995".
(3) In Schedule 1 to the Fair Trading Act 1999 omit
"Utility Meters (Metrological Controls) Act
2002".
(4) In Schedule 1 to the Fair Trading Act 1999 omit
30 "Petroleum Products (Terminal Gate Pricing)
Act 2000".
561335B.I-24/11/2009 59 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 10--Repeals and Amendments
s. 106
106 Liquor Control Reform Amendment (Licensing)
Act 2009
In section 31 of the Liquor Control Reform
Amendment (Licensing) Act 2009, in new
5 clause 23 being inserted into Schedule 3 to the
Liquor Control Reform Act 1998, in subclauses
(1), (2) and (3), after "Amendment" insert
"(Licensing)".
107 Police Regulation Act 1958
10 At the foot of section 6A of the Police Regulation
Act 1958 insert--
"Note
Section 65A of the Prostitution Control Act 1994 imposes
a restriction on the exercise of the power under this section
15 in relation to delegations under that Act.".
108 Private Security Act 2004
(1) After section 63 of the Private Security Act 2004
insert--
"63A Disclosure of cancellation or suspension of
20 private security licence
If a private security licence is cancelled or
suspended under section 56 or 61, the Chief
Commissioner may disclose that fact and the
name of the licence holder to the Director of
25 Consumer Affairs or the Business Licensing
Authority for the purpose of section 93F of
the Fair Trading Act 1999.".
(2) After section 118 of the Private Security Act
2004 insert--
30 "118A Disclosure of cancellation or suspension of
private security registration
If a private security registration is cancelled
or suspended under section 111 or 116, the
Chief Commissioner may disclose that fact
561335B.I-24/11/2009 60 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Part 10--Repeals and Amendments
s. 109
and the name of the registration holder to the
Director of Consumer Affairs or the
Business Licensing Authority for the
purpose of section 93F of the Fair Trading
5 Act 1999.".
109 Residential Tenancies Act 1997
In section 15 of the Residential Tenancies Act
1997--
(a) in subsection (1), for "Parts I to IVA of the
10 Landlord and Tenant Act 1958" substitute
"Parts IV and IVA of the Landlord and
Tenant Act 1958";
(b) in subsection (2), for "and 150" substitute
", 150 and 154A".
15 Division 5--Repeal of amending Act
110 Repeal of amending Act
This Act is repealed on 1 January 2012.
Note
The repeal of this Act does not affect the continuing operation of
20 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
561335B.I-24/11/2009 61 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Sch.
SCHEDULE
AMENDMENTS TO PROSTITUTION CONTROL ACT 1994
1 In section 1, for "prostitution" substitute
"sex work".
5 2 In section 3(1), in the definition of--
(a) approved manager, for "prostitution"
substitute "sex work";
(b) brothel, for "prostitution" (wherever
occurring) substitute "sex work";
10 (c) escort agency, for "prostitution" substitute
"sex work";
(d) Fund, for "Prostitution Control" substitute
"Sex Work Regulation";
(e) licence, for "prostitution" substitute
15 "sex work";
(f) uninvolved relative, for "prostitution"
substitute "sex work".
3 In section 3(1), the definition of prostitution is
repealed.
20 4 In section 3(1), the definition of prostitution
service provider is repealed.
5 In section 3(1) insert the following definitions--
"sex work means the provision by one person to
or for another person (whether or not of a
25 different sex) of sexual services in return for
payment or reward;
sex work service provider means a person
carrying on a business of a kind referred to in
the definitions in this section of brothel and
30 escort agency;".
561335B.I-24/11/2009 62 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Sch.
6 In section 4--
(a) in paragraph (b), for "prostitution-related"
substitute "sex work-related";
(b) in paragraph (c), for "prostitution" substitute
5 "sex work";
(c) in paragraphs (e), (f) and (h), for
"prostitutes" substitute "sex workers".
7 Insert the following heading to Part 2--
"PART 2--OFFENCES CONNECTED WITH SEX
10 WORK".
8 Insert the following heading to section 5--
"Causing or inducing child to take part in sex
work".
9 In section 5(1), for "act of prostitution, whether as
15 the prostitute" substitute "act of sex work,
whether as the sex worker".
10 In section 6(1), for "prostitution" substitute
"sex work".
11 In section 6(3), for "prostitute" substitute
20 "sex worker".
12 Insert the following heading to section 8--
"Forcing person into or to remain in sex work".
13 In section 8(1), for "prostitution" substitute
"sex work".
25 14 Insert the following heading to section 9--
"Forcing person to provide financial support
out of sex work".
15 In section 9(1), for "prostitution" substitute
"sex work".
561335B.I-24/11/2009 63 BILL LA INTRODUCTION 24/11/2009
Consumer Affairs Legislation Amendment Bill 2009
Sch.
16 Insert the following heading to section 10--
"Living on earnings of sex worker".
17 In section 10, for "prostitution" (wherever
occurring) substitute "sex work".
5 18 Insert the following heading to section 11--
"Allowing child to take part in sex work".
19 In section 11(1), for "prostitution, whether as the
prostitute" substitute "sex work, whether as the
sex worker".
10 20 In section 11(4)(b), for "prostitution" substitute
"sex work".
21 Insert the following heading to section 12--
"Street sex work--offences by clients".
22 In section 12--
15 (a) for "prostitute himself" substitute "offer sex
work services himself";
(b) for "on behalf of a prostitute" substitute
"on behalf of a sex worker".
23 Insert the following heading to section 13--
20 "Street sex work--offences by sex workers".
24 In section 13, for "prostitution" (wherever
occurring) substitute "sex work".
25 Insert the following heading to section 14--
"Exceptions to street sex work offences".
25 26 Insert the following heading to section 16--
"Offensive behaviour towards sex workers".
27 In section 16, for "prostitute" substitute
"sex worker".
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Sch.
28 Insert the following heading to section 17--
"Controls on advertising by sex work service
providers".
29 In section 17--
5 (a) for "prostitution" (wherever occurring)
substitute "sex work";
(b) for "prostitute" substitute "sex worker".
30 In section 18, for "prostitution" (wherever
occurring) substitute "sex work".
10 31 Insert the following heading to section 19--
"Permitting sex worker infected with a disease
to work in a brothel etc.".
32 In section 19--
(a) for "prostitution" (wherever occurring)
15 substitute "sex work";
(b) for "prostitute" (wherever occurring)
substitute "sex worker".
33 Insert the following heading to section 20--
"Sex worker working while infected with a
20 disease".
34 In section 20, for "prostitute" (wherever
occurring) substitute "sex worker".
35 In section 21, for "prostitution" (wherever
occurring) substitute "sex work".
25 36 In section 21A, for "prostitution" substitute
"sex work".
37 Insert the following heading to section 22--
"Sex work service providers to be licensed".
38 In section 22, for "prostitution" (wherever
30 occurring) substitute "sex work".
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39 In section 23--
(a) for "prostitution" (wherever occurring)
substitute "sex work";
(b) for "prostitute" (wherever occurring)
5 substitute "sex worker";
(c) for "prostitutes" substitute "sex workers".
40 In section 25(c), for "prostitution" substitute
"sex work".
41 In section 26--
10 (a) in paragraph (a), for "prostitution-related
complaints, including complaints from
prostitutes" substitute "sex work-related
complaints, including complaints from sex
workers";
15 (b) in paragraph (b)(ii), for "prostitution"
substitute "sex work".
42 In section 33, for "prostitution" substitute
"sex work".
43 In section 37, for "prostitution" (wherever
20 occurring) substitute "sex work".
44 In section 38--
(a) in subsection (1), for "prostitution"
substitute "sex work";
(b) in subsection (2), for "prostitution service
25 provider only because he or she has worked
as a prostitute" substitute "sex work service
provider only because he or she has worked
as a sex worker".
45 In section 46D, for "prostitution" substitute
30 "sex work".
46 In section 48(3)(e), for "prostitution" substitute
"sex work".
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Sch.
47 In section 49(3), for "prostitution" substitute
"sex work".
48 In section 50(1), for "prostitution" substitute
"sex work".
5 49 In section 51, for "prostitution" (wherever
occurring) substitute "sex work".
50 In section 52, for "prostitution" (wherever
occurring) substitute "sex work".
51 In section 54(3)(c), for "prostitution" substitute
10 "sex work".
52 In section 54A(7), for "prostitution" substitute
"sex work".
53 In section 55(1), for "prostitution" (wherever
occurring) substitute "sex work".
15 54 In section 57(1), for "prostitution" substitute
"sex work".
55 In section 60, for "prostitution" (wherever
occurring) substitute "sex work".
56 In section 61D(1)(a), for "prostitution" substitute
20 "sex work".
57 In section 63, for "prostitution" (wherever
occurring) substitute "sex work".
58 In section 64(2)(a)(i)(A), for "prostitution"
substitute "sex work".
25 59 Insert the following heading to section 66--
"Sex Work Regulation Fund".
60 In section 66(1), for "Prostitution Control"
substitute "Sex Work Regulation".
61 In section 67--
30 (a) for "prostitution" (wherever occurring)
substitute "sex work";
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(b) in subsection (1A)(e), for "prostitutes"
substitute "sex workers".
62 In section 68(d), for "prostitution" substitute
"sex work".
5 63 In section 74(1)(d), for "prostitution" substitute
"sex work".
64 In section 75, for "prostitution" (wherever
occurring) substitute "sex work".
65 In section 77(3)(c)(ii), for "prostitution"
10 substitute "sex work".
66 In section 85A(1), for "prostitution" (wherever
occurring) substitute "sex work".
67 In section 88A, for "prostitution" (wherever
occurring) substitute "sex work".
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561335B.I-24/11/2009 69 BILL LA INTRODUCTION 24/11/2009
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