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PARLIAMENT OF VICTORIA
Justice Legislation (Further Amendment) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 4
PART 2--AMENDMENT OF ATTORNEY-GENERAL AND
SOLICITOR-GENERAL ACT 1972 6
3. Pensions 6
PART 3--AMENDMENT OF CASINO CONTROL ACT 1991 7
4. Compulsory training for special employees 7
5. Amendment of transitional provisions 8
PART 4--AMENDMENT OF CLASSIFICATION
(PUBLICATIONS, FILMS AND COMPUTER GAMES)
(ENFORCEMENT) ACT 1995 9
6. New power to exempt certain organisations 9
7. Approval of organisation 9
8. New section 66A inserted 10
66A. Approval of organisation in relation to activities or
functions 10
9. Application procedure 12
PART 5--AMENDMENT OF CONFISCATION ACT 1997 13
10. Applications for restraining orders 13
11. Application for exclusion from civil forfeiture order 14
12. Stay of execution of disposal order 14
13. New section 144A inserted 15
144A. Validation 15
14. New section 175 inserted 15
175. Transitional--Justice Legislation (Further
Amendment) Act 2006 15
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551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Clause Page
PART 6--AMENDMENT OF CORRECTIONS AND
SENTENCING ACTS (HOME DETENTION) ACT 2003 17
15. Repeal of sunset provisions 17
PART 7--AMENDMENT OF COUNCIL OF LAW REPORTING
IN VICTORIA ACT 1967 18
16. Constitution of Council 18
17. Savings provision 18
PART 8--AMENDMENT OF EQUAL OPPORTUNITY ACT 1995 20
18. Definitions 20
19. Who may complain? 22
20. Delegation by Commission 23
21. New section 226 inserted 23
226. Transitional provision--Justice Legislation (Further
Amendment) Act 2006 23
PART 9--AMENDMENT OF GAMBLING REGULATION
ACT 2003 24
22. Training courses 24
23. Amendment of transitional provisions 26
PART 10--AMENDMENT OF INFRINGEMENTS ACT 2006 27
24. Extended period for lodgement 27
25. New section 209A inserted 27
209A. Period for lodgement 27
PART 11--AMENDMENT OF JUDICIAL COLLEGE OF
VICTORIA ACT 2001 29
26. Definition of "judicial officer" 29
PART 12--AMENDMENT OF JURIES ACT 2000 30
27. Canvassing availability of prospective jurors 30
28. Selection of panel from more than one pool 30
29. Jury panel may be split 30
30. Calling of panel by numbers 31
31. Transitional provision 31
14. Justice Legislation (Further Amendment) Act 2006 31
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551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Clause Page
PART 13--AMENDMENT OF LEGAL PROFESSION ACT 2004 32
32. Definitions 32
33. Local practising certificates 32
34. Supervised legal practice 33
35. Interstate legal practitioners 35
36. Trust money and trust accounts 36
37. Costs disclosure 37
38. Billing and costs review 40
39. New section 3.4.48A inserted 41
3.4.48A. Contracting out of Division by sophisticated clients 41
40. Lodgement of disputed legal costs with Commissioner 41
41. Distribution Account 41
42. New section 6.7.11A inserted 42
6.7.11A. Further legal aid funding 42
43. Transitional provisions 42
44. New Part 11 inserted in Schedule 2 43
PART 11--JUSTICE LEGISLATION (FURTHER
AMENDMENT) ACT 2006 43
11.1 Law firms 43
11.2 Conditions on local practising certificates 43
11.3 Supervised legal practice 43
PART 14--AMENDMENT OF MAGISTRATES' COURT
ACT 1989 44
45. Persons who may witness statements to be tendered at committal
proceedings 44
PART 15--AMENDMENT OF PROFESSIONAL STANDARDS
ACT 2003 45
46. Definitions 45
47. New section 23 substituted 46
23. Limitation of liability by insurance arrangements 46
48. Limitation of liability by reference to amount of business assets 47
49. Limitation of liability by multiple of charges 47
50. New section 28A inserted 48
28A. Liability in damages not reduced to below relevant
limit 48
51. Limit of occupational liability by schemes 48
52. New section 59 inserted 49
59. Transitional provisions--Justice Legislation (Further
Amendment) Act 2006 49
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551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Clause Page
PART 16--AMENDMENT OF SEX OFFENDERS
REGISTRATION ACT 2004 50
53. Definitions 50
54. Consequential amendments 52
55. New section 73B inserted 52
73B. Transitional provision--Justice Legislation (Further
Amendment) Act 2006 52
PART 17--AMENDMENT OF VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998 53
56. Summary dismissal of unjustified proceedings 53
57. Injunctions and declarations 53
58. Failing to comply with summons 53
59. Contempt 54
60. New section 163 inserted 54
163. Transitional provision--Justice Legislation (Further
Amendment) Act 2006 54
PART 18--AMENDMENT OF VICTORIAN LAW REFORM
COMMISSION ACT 2000 56
61. Appointment of acting chairperson 56
PART 19--AMENDMENT OF WORKING WITH CHILDREN
ACT 2005 57
62. What is child-related work? 57
63. Part 6 substituted 58
PART 6--TRANSITIONAL PROVISIONS 58
50. Transitional provision--Justice Legislation (Further
Amendment) Act 2006 58
PART 20--AMENDMENT OF FAIR TRADING ACT 1999 AND
OTHER CONSUMER ACTS 59
64. Fair Trading Act 1999--entry or search with consent 59
65. Fair Trading Act 1999--emergency entry 59
66. Fair Trading Act 1999--new section 121A inserted 60
121A. Entry without consent or warrant 60
67. Fair Trading Act 1999--search warrants 63
68. Fair Trading Act 1999--new section 126A inserted 64
126A. Use or seizure of electronic equipment at premises 64
69. Associations Incorporation Act 1981--section 37C
substituted 65
37C. Production of identity card 65
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551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Clause Page
70. Associations Incorporation Act 1981--new section 37EA
inserted 66
37EA. Entry without consent or warrant 66
71. Associations Incorporation Act 1981--section 37M
substituted 68
37M. Protection against self-incrimination 68
72. Associations Incorporation Act 1981--section 37P
substituted 69
37P. Entry to be reported to the Director 69
37PA. Register of exercise of powers of entry 69
37PB. Complaints 69
73. Credit (Administration) Act 1984--section 27 substituted 70
27. Entry without consent or warrant 70
74. Credit (Administration) Act 1984--section 38 substituted 72
38. Protection against self-incrimination 72
75. Credit (Administration) Act 1984--application of Fair
Trading Act 1999 73
76. Estate Agents Act 1980--section 70U substituted 73
70U. Protection against self-incrimination 73
77. Estate Agents Act 1980--application of Fair Trading
Act 1999 73
78. Introduction Agents Act 1997--section 42 substituted 74
42. Production of identity card 74
79. Introduction Agents Act 1997--new section 44A inserted 74
44A. Entry without consent or warrant 74
80. Introduction Agents Act 1997--sections 55 and 56
substituted 77
55. Requirement to assist inspector during entry 77
56. Refusal or failure to comply with requirement 77
56A. Protection against self-incrimination 77
56B. Entry to be reported to the Director 78
56C. Register of exercise of powers of entry 78
56D. Complaints 78
81. Motor Car Traders Act 1986--section 82AH substituted 79
82AH. Entry without consent or warrant 79
82. Motor Car Traders Act 1986--section 82AS substituted 81
82AS. Protection against self-incrimination 81
83. Second-Hand Dealers and Pawnbrokers Act 1989--
amendment of inspection powers 82
84. Travel Agents Act 1986--amendment of inspection powers 82
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551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Clause Page
PART 21--STATUTE LAW REVISION 83
85. City of Melbourne Act 2001 83
86. Confiscation Act 1997 83
87. Drugs, Poisons and Controlled Substances (Amendment)
Act 2006 83
88. Professional Standards Act 2003 83
ENDNOTES 84
vi
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Associations Incorporation Act 1981, the Attorney-General and
Solicitor-General Act 1972, the Casino Control Act 1991, the City of Melbourne
Act 2001, the Classification (Publications, Films and Computer Games)
(Enforcement) Act 1995, the Confiscation Act 1997, the Corrections and
Sentencing Acts (Home Detention) Act 2003, the Council of Law Reporting in
Victoria Act 1967, the Credit (Administration) Act 1984, the Drugs, Poisons and
Controlled Substances (Amendment) Act 2006, the Equal Opportunity Act 1995,
the Estate Agents Act 1980, the Fair Trading Act 1999, the Gambling Regulation
Act 2003, the Infringements Act 2006, the Introduction Agents Act 1997, the
Judicial College of Victoria Act 2001, the Juries Act 2000, the Legal Profession
Act 2004, the Magistrates' Court Act 1989, the Motor Car Traders Act 1986, the
Professional Standards Act 2003, the Second-Hand Dealers and Pawnbrokers
Act 1989, the Sex Offenders Registration Act 2004, the Travel Agents Act 1986,
the Victorian Civil and Administrative Tribunal Act 1998, the Victorian Law
Reform Commission Act 2000 and the Working with Children Act 2005 and for
other purposes.
Justice Legislation (Further
Amendment) Act 2006
The Parliament of Victoria enacts as follows:
1
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Attorney-General and
Solicitor-General Act 1972 with respect to
5
pension entitlements;
(b) to amend the Gambling Regulation Act
2003 and the Casino Control Act 1991 in
relation to training courses for licensed
gaming industry employees and licensed
10
casino employees;
(c) to amend the Classification (Publications,
Films and Computer Games)
(Enforcement) Act 1995 to enable the
Director of the Classification Board to
15
exempt certain organisations from the
operation of that Act;
(d) to amend the Confiscation Act 1997 to
provide further for applications for
restraining orders, applications for exclusion
20
from civil forfeiture orders and execution of
disposal orders and to make an amendment
of a statute law revision nature;
(e) to amend the Corrections and Sentencing
Acts (Home Detention) Act 2003 so as to
25
allow the home detention program to
continue indefinitely;
(f) to amend the Council of Law Reporting in
Victoria Act 1967 to increase the number of
members appointed by professional
30
associations;
2
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 1--Preliminary
s. 1
(g) to amend the Equal Opportunity
Act 1995--
(i) to add to and update a number of
definitions relating to workplace
relations;
5
(ii) to provide a mechanism for
representative complaints;
(iii) to allow the Commission to delegate
certain powers or functions to staff
members;
10
(h) to amend the Infringements Act 2006 with
respect to the period for lodgement of details
of an infringement penalty and prescribed
costs in respect of an infringement offence
under certain Acts;
15
(i) to amend the Judicial College of Victoria
Act 2001 to include judicial registrars of the
Magistrates' Court as judicial officers for the
purposes of that Act;
(j) to amend the Juries Act 2000 with respect to
20
jury pools and panels;
(k) to amend the Legal Profession Act 2004--
(i) to reflect amendments to the national
model provisions for the regulation of
the legal profession;
25
(ii) generally to improve the operation of
the Act;
(l) to amend the Magistrates' Court Act 1989
to include additional classes of person who
may witness statements to be tendered at
30
committal proceedings;
(m) to amend the Professional Standards Act
2003 in relation to professional indemnity
insurance;
3
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 1--Preliminary
s. 2
(n) to amend the Sex Offenders Registration
Act 2004 to clarify its application in relation
to certain kinds of offender;
(o) to amend the Victorian Civil and
Administrative Tribunal Act 1998 with
5
respect to--
(i) the issue of injunctions and
declarations;
(ii) the summary dismissal of proceedings;
(iii) the granting of bail to persons arrested
10
and brought before VCAT;
(iv) the power to impose sentences of
imprisonment for contempt of VCAT;
(p) to amend the Victorian Law Reform
Commission Act 2000 with respect to the
15
appointment of an acting chairperson;
(q) to amend the Working with Children Act
2005 to apply the complete definition of
"child-related work" for the purposes of the
whole Act subject to certain exceptions;
20
(r) to amend the Fair Trading Act 1999 and
other Consumer Acts to allow inspectors to
monitor compliance with those Acts;
(s) to make amendments of a statute law
revision nature to certain Acts.
25
2. Commencement
(1) This Part and Parts 3, 5, 6, 8 (other than
section 18(1) and (5)), 9, 13, 15, 19, 20 and 21
(other than section 85) come into operation on the
day after the day on which this Act receives the
30
Royal Assent.
(2) Part 16 is deemed to have come into operation on
1 October 2004.
4
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 1--Preliminary
s. 2
(3) Section 18(1) and (5) are deemed to have come
into operation on 27 March 2006.
(4) Part 10 and section 85 are deemed to have come
into operation on 1 July 2006.
(5) Subject to sub-section (6), the remaining
5
provisions of this Act come into operation on a
day or days to be proclaimed.
(6) If a provision referred to in sub-section (5) does
not come into operation before 1 July 2007, it
comes into operation on that day.
10
__________________
5
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 2--Amendment of Attorney-General and Solicitor-General Act 1972
s. 3
See: PART 2--AMENDMENT OF ATTORNEY-GENERAL AND
Act No.
SOLICITOR-GENERAL ACT 1972
8305.
Reprint No. 2
as at
3. Pensions
17 June 2003.
LawToday:
After section 6(2) of the Attorney-General and
www.dms.
Solicitor-General Act 1972 insert--
5 dpc.vic.
gov.au
"(3) If, on the expiration of his or her term of
office as Solicitor-General, a person who
served as Solicitor-General for not less than
10 years is not under sub-section (1) entitled
to a pension only because he or she has not
10
attained the age of 65 years--
(a) on that person attaining the age of
65 years he or she, and his or her
spouse and children, become entitled to
pensions under that sub-section in the
15
circumstances, at the rates and on the
terms and conditions set out in that sub-
section as if he or she had only retired
from the office of Solicitor-General on
attaining that age; and
20
(b) any such pension is liable to be
suspended or determined in the
circumstances and to the extent set out
in that sub-section.
(3A) Without limiting or otherwise affecting
25
section 83 of the Constitution Act 1975, the
entitlement of a former Solicitor-General to a
pension under this section arising by force of
sub-section (3) is suspended while he or she
holds the office of Judge of the Supreme
30
Court, having been appointed to that office
after having attained the age of 65 years.".
__________________
6
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 3--Amendment of Casino Control Act 1991
s. 4
See:
PART 3--AMENDMENT OF CASINO CONTROL ACT 1991 Act No.
47/1991.
Reprint No. 7
4. Compulsory training for special employees as at
5 April 2006
(1) For section 58A(1) of the Casino Control Act and
1991 substitute-- amending
Act No
24/2006.
"(1) Subject to sub-section (1B), a licensee who
5 LawToday:
is employed by a casino operator, regardless www.dms.
dpc.vic.
of when that employment commenced, and gov.au
who performs any of the functions of a
special employee in relation to gaming
machines must complete--
10
(a) an appropriate approved training course
within the period specified in sub-
section (1A); and
(b) an approved refresher course within the
period of 3 years following completion
15
of an approved training course and
every period of 3 years thereafter.
(1A) An approved training course must be
completed--
(a) in the case of a licensee who is in the
20
employment of a casino operator
immediately before the commencement
of section 4(1) of the Justice
Legislation (Further Amendment)
Act 2006, within 12 months after the
25
approval of that course by the
Commission;
(b) in the case of a licensee who is
employed by a casino operator on or
after the commencement of section 4(1)
30
of the Justice Legislation (Further
Amendment) Act 2006--
7
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 3--Amendment of Casino Control Act 1991
s. 5
(i) within 6 months after the licensee
commences to perform any of the
functions of a special employee in
relation to gaming machines; or
(ii) within 12 months after the
5
approval of that course by the
Commission--
whichever period expires later.
(1B) Sub-section (1)(a) does not apply to a
licensee who has completed an approved
10
training course--
(a) after the commencement of section 4(1)
of the Justice Legislation (Further
Amendment) Act 2006; and
(b) within the period of 3 years
15
immediately before the commencement
of employment with a casino
operator.".
5. Amendment of transitional provisions
In Schedule 3 to the Casino Control Act 1991,
20
clause 5(15) is repealed.
__________________
8
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 4--Amendment of Classification (Publications, Films and Computer
s. 6
Games) (Enforcement) Act 1995
See:
PART 4--AMENDMENT OF CLASSIFICATION
Act No.
(PUBLICATIONS, FILMS AND COMPUTER GAMES) 90/1995.
(ENFORCEMENT) ACT 1995 Reprint No. 1
as at
1 January
6. New power to exempt certain organisations 1999
and
At the end of section 64 of the Classification
5 amending
Act Nos
(Publications, Films and Computer Games) 69/2001 and
(Enforcement) Act 1995 insert-- 6/2005.
LawToday:
"(2) The Director may, on application under www.dms.
dpc.vic.
section 67, direct in writing that this Act gov.au
does not apply, to the extent and subject to
10
any condition specified in the direction, to an
organisation approved under section 66A in
respect of all or any of its activities or
functions that relate to films or computer
games.".
15
7. Approval of organisation
(1) Insert the following heading to section 66 of the
Classification (Publications, Films and
Computer Games) (Enforcement) Act 1995--
"Approval of organisation in relation to
20
event".
(2) In section 66 of the Classification (Publications,
Films and Computer Games) (Enforcement)
Act 1995--
(a) in sub-section (1), for "this Part" substitute
25
"section 64(1)";
(b) in sub-section (2), after "organisation"
(where first occurring) insert "under this
section".
9
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 4--Amendment of Classification (Publications, Films and Computer
s. 8
Games) (Enforcement) Act 1995
8. New section 66A inserted
After section 66 of the Classification
(Publications, Films and Computer Games)
(Enforcement) Act 1995 insert--
'66A. Approval of organisation in relation to
5
activities or functions
(1) The Director, by notice published in the
Commonwealth Gazette, may, on
application, approve an organisation for the
purposes of section 64(2) if the
10
organisation--
(a) is established by or under an Act; and
(b) carries on activities of an educational,
cultural or artistic nature.
(2) In considering whether to approve an
15
organisation under this section, the Director
must have regard to--
(a) the purpose for which the organisation
was established; and
(b) the extent to which the organisation
20
carries on activities of an educational,
cultural or artistic nature; and
(c) the reputation of the organisation in
relation to--
(i) the screening of films; or
25
(ii) the possession or demonstration of
computer games--
as the case may be; and
10
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 4--Amendment of Classification (Publications, Films and Computer
s. 8
Games) (Enforcement) Act 1995
(d) the conditions as to admission of
persons to--
(i) the screening of films by the
organisation; or
(ii) the demonstration of computer
5
games by the organisation--
as the case may be.
Note: Section 3 contains a definition of
"demonstrate".
(3) An approval takes effect on the date of
10
publication of the notice referred to in sub-
section (1).
(4) The Director--
(a) must revoke an approval if the
organisation no longer satisfies the
15
requirements of sub-sections (1)(a) and
(1)(b); and
(b) may revoke an approval if, because of a
change in any matter referred to in sub-
section (2), the Director considers that
20
it is no longer appropriate that the
organisation be approved.
(5) The Director must notify an organisation in
writing of a decision--
(a) to refuse an application for approval; or
25
(b) to revoke an approval--
within 30 days after the date of the decision
and must give reasons for the decision.
(6) Revocation of an approval takes effect on the
date of the decision to revoke or on a later
30
date specified in the notice.'.
11
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 4--Amendment of Classification (Publications, Films and Computer
s. 9
Games) (Enforcement) Act 1995
9. Application procedure
(1) In section 67(2) of the Classification
(Publications, Films and Computer Games)
(Enforcement) Act 1995--
(a) after "application" insert "for an exemption
5
under section 64(1)"; and
(b) in paragraph (c)(ii), after "prescribed fee"
insert ", if any".
(2) After section 67(2) of the Classification
(Publications, Films and Computer Games)
10
(Enforcement) Act 1995 insert--
"(2A) An application for an exemption under
section 64(2) must--
(a) be in the approved form; and
(b) specify the extent of the exemption
15
sought; and
(c) be accompanied by the prescribed fee,
if any.".
__________________
12
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 5--Amendment of Confiscation Act 1997
s. 10
See:
PART 5--AMENDMENT OF CONFISCATION ACT 1997
Act No.
108/1997.
10. Applications for restraining orders Reprint No. 4
as at
For section 17(1) of the Confiscation Act 1997 10 March
2005
substitute-- and
amending
"(1) If, having regard to the matters referred to in
5 Act Nos
sub-section (1A), the court is satisfied that 108/2004,
6/2005,
the circumstances of the case justify the 18/2005 and
giving of notice to a person affected, the 16/2006.
LawToday:
court may direct an applicant under section www.dms.
16(1) or 16(2) to give notice of the dpc.vic.
10 gov.au
application to any person whom the court has
reason to believe has an interest in the
property that is the subject of the application.
(1A) In determining whether the circumstances of
the case justify the giving of notice, the court
15
must have regard to--
(a) the aim of preserving the property that
is the subject of the application so as to
ensure its availability for the purpose
for which the restraining order is
20
sought; and
(b) any jeopardy to an investigation by a
law enforcement agency into criminal
activity that could result from the
giving of notice; and
25
(c) any risk to the safety or security of a
person, including a potential witness in
any criminal proceeding, that could
result from the giving of notice; and
13
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 5--Amendment of Confiscation Act 1997
s. 11
(d) the provision made by this Act to
enable a person claiming an interest in
property the subject of a restraining
order to apply for an exclusion order to
protect that interest from the operation
5
of the restraining order; and
(e) the limited duration of a restraining
order; and
(f) the submissions, if any, made by the
applicant in relation to the giving of
10
notice.
(1B) In determining whether to direct an applicant
to give notice of an application under section
16(1) or 16(2), the court may have regard to
any other matter that the court considers
15
relevant.
(1C) If the court does not require notice of an
application under section 16(1) or 16(2) to be
given under sub-section (1), it may hear and
determine the application in the absence of
20
any person who has an interest in the
property that is the subject of the
application.".
11. Application for exclusion from civil forfeiture order
(1) In section 53(1) of the Confiscation Act 1997,
25
omit "(other than a person referred to in sub-
section (1A))".
(2) Section 53(1A) of the Confiscation Act 1997 is
repealed.
12. Stay of execution of disposal order
30
After section 78(2) of the Confiscation Act 1997
insert--
"(3) A disposal order made in reliance on a
person's conviction of a Schedule 1
offence--
35
14
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 5--Amendment of Confiscation Act 1997
s. 13
(a) is stayed pending the expiry of the
appeal period in relation to the
conviction; and
(b) ceases to have effect if on appeal the
conviction is quashed.".
5
13. New section 144A inserted
After section 144 of the Confiscation Act 1997
insert--
"144A. Validation
(1) A restraining order made on or before
10
26 September 2005 is not invalid only
because it is directed to a named person and
is deemed to have, and always to have had,
effect according to its tenor.
(2) Sub-section (1) does not affect the rights of
15
the parties in the proceeding known as
Director of Public Prosecutions (Vic.) v.
Navarolli and Mokbel (No. 1545 of 2005) in
the Supreme Court of Victoria.".
14. New section 175 inserted
20
After section 174 of the Confiscation Act 1997
insert--
"175. Transitional--Justice Legislation (Further
Amendment) Act 2006
(1) Section 17 as amended by section 10 of the
25
Justice Legislation (Further Amendment)
Act 2006 applies to an application for a
restraining order made on or after the
commencement of section 10 of that Act.
(2) Section 53 as amended by section 11 of the
30
Justice Legislation (Further Amendment)
Act 2006 applies to an application made on
or after the commencement of section 11 of
that Act.
15
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 5--Amendment of Confiscation Act 1997
s. 14
(3) Section 78 as amended by section 12 of the
Justice Legislation (Further Amendment)
Act 2006 applies to a disposal order made on
or after the commencement of section 12 of
that Act.".
5
__________________
16
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 6--Amendment of Corrections and Sentencing Acts (Home Detention)
s. 15
Act 2003
See:
PART 6--AMENDMENT OF CORRECTIONS AND Act No.
53/2003.
SENTENCING ACTS (HOME DETENTION) ACT 2003
Statute Book:
www.dms.
15. Repeal of sunset provisions dpc.vic.
gov.au
Sections 2(2) and (3), 9, 10, 20 and 21 of the
Corrections and Sentencing Acts (Home
5
Detention) Act 2003 are repealed.
__________________
17
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 7--Amendment of Council of Law Reporting in Victoria Act 1967
s. 16
See: PART 7--AMENDMENT OF COUNCIL OF LAW
Act No.
REPORTING IN VICTORIA ACT 1967
7569.
Reprint No. 2
as at
16. Constitution of Council
16 September
1999
For section 5(1)(c) of the Council of Law
and
Reporting in Victoria Act 1967 substitute--
5 amending
Act No
"(c) two members appointed by the professional
18/2005.
LawToday:
association known as Law Institute of
www.dms.
Victoria Limited ACN 075 475 731;
dpc.vic.
gov.au
(d) two members appointed by the professional
association known as Victorian Bar Inc, an
10
association incorporated under the
Associations Incorporation Act 1981.".
17. Savings provision
For section 5(2) of the Council of Law
Reporting in Victoria Act 1967 substitute--
15
"(2) Despite the change in membership
composition made by section 16 of the
Justice Legislation (Further Amendment)
Act 2006--
(a) the Council continues to be the same
20
body after as before that change and
that change does not affect any act,
matter or thing; and
(b) a member appointed by Law Institute of
Victoria Limited ACN 075 475 731 and
25
holding office under sub-section (1)(c)
(as in force immediately before the
commencement of that section of that
Act) continues in office, subject to this
Act, as an appointee of that body until
30
the expiry of his or her current term of
office or the appointment of his or her
successor, whichever is the later; and
18
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 7--Amendment of Council of Law Reporting in Victoria Act 1967
s. 17
(c) a member appointed by the Victorian
Bar Council under sub-section (1)(d)
(as in force immediately before the
commencement of section 453 of the
Legal Practice Act 1996) and
5
continuing to hold office as a member
by force of section 6(2) immediately
before the commencement of section 16
of the Justice Legislation (Further
Amendment) Act 2006 continues in
10
office, subject to this Act, as if he or
she were an appointee of Victorian Bar
Inc under sub-section (1)(d) until the
expiry of his or her current term of
office or the appointment of his or her
15
successor, whichever is the later.".
__________________
19
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 8--Amendment of Equal Opportunity Act 1995
s. 18
See: PART 8--AMENDMENT OF EQUAL OPPORTUNITY ACT
Act No.
1995
42/1995.
Reprint No. 4
as at
18. Definitions
3 April 2003
and
(1) In section 4(1) of the Equal Opportunity Act
amending
1995--
5 Act Nos
108/2004,
(a) in paragraph (a) of the definition of
18/2005,
24/2006,
"employee", for "an Australian Workplace
25/2006 and
Agreement, certified agreement" substitute
43/2006.
LawToday:
"a workplace agreement";
www.dms.
dpc.vic.
(b) in paragraph (a) of the definition of
10 gov.au
"employer", for "an Australian Workplace
Agreement, certified agreement" substitute
"a workplace agreement";
(c) in paragraph (a) of the definition of
"employment", for "an Australian Workplace
15
Agreement, certified agreement" substitute
"a workplace agreement".
(2) In section 4(1) of the Equal Opportunity Act
1995, for the definition of "industrial activity"
substitute--
20
' "industrial activity" means--
(a) being or not being a member of, or
joining, not joining or refusing to join,
an industrial organisation or industrial
association;
25
(b) establishing or being involved in
establishing an industrial organisation
or forming or being involved in
forming an industrial association;
(c) organising or promoting or proposing
30
to organise or promote a lawful activity
on behalf of an industrial organisation
or industrial association;
20
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 8--Amendment of Equal Opportunity Act 1995
s. 18
(d) encouraging, assisting, participating in
or proposing to encourage, assist or
participate in a lawful activity
organised or promoted by an industrial
organisation or industrial association;
5
(e) not participating in or refusing to
participate in a lawful activity
organised or promoted by an industrial
organisation or industrial association;
(f) representing or advancing the views,
10
claims or interests of members of an
industrial organisation or industrial
association;'.
(3) In section 4(1) of the Equal Opportunity Act
1995, insert the following definition--
15
' "industrial association" means a group of
employees or employers, formed formally or
informally to represent or advance the views,
claims or interests of the employees or
employers in a particular industry, trade,
20
profession, business or employment, not
including an industrial organisation;'.
(4) In section 4(1) of the Equal Opportunity Act
1995, for the definition of "industrial
organisation" substitute--
25
' "industrial organisation" means--
(a) an organisation of employees;
(b) an organisation of employers;
(c) any other organisation established for
the purposes of people who carry on a
30
particular industry, trade, profession,
business or employment--
registered or recognised under a State or
Commonwealth enactment;'.
21
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 8--Amendment of Equal Opportunity Act 1995
s. 19
(5) After section 4(2) of the Equal Opportunity Act
1995 insert--
'(3) A reference in the definition of "employee",
"employer" or "employment" in sub-section
(1) to a workplace agreement within the
5
meaning of the Workplace Relations
Act 1996 of the Commonwealth includes a
reference to an Australian Workplace
Agreement or a certified agreement within
the meaning of that Act as in force
10
immediately before 27 March 2006.'.
19. Who may complain?
After section 104(1) of the Equal Opportunity
Act 1995 insert--
"(1A) A person may complain on behalf of the
15
person and another person or persons if the
Commission is satisfied that--
(a) each person named in the complaint--
(i) is entitled to complain under sub-
section (1)(a); and
20
(ii) has consented to the complaint
being made on the person's behalf;
and
(b) the alleged contravention arises out of
the same conduct.
25
(1B) A representative body may complain to the
Commission on behalf of a named person or
persons if the Commission is satisfied that--
(a) each person named in the complaint--
(i) is entitled to complain under sub-
30
section (1)(a); and
(ii) has consented to the complaint
being made by the body on the
person's behalf; and
22
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 8--Amendment of Equal Opportunity Act 1995
s. 20
(b) the representative body has a sufficient
interest in the complaint; and
(c) the alleged contravention arises out of
the same conduct.
(1C) A representative body has sufficient interest
5
in a complaint if the conduct that constitutes
the alleged contravention is a matter of
genuine concern to the body because of the
way conduct of that nature adversely affects
or has the potential adversely to affect the
10
interests of the body or the interests or
welfare of the persons it represents.".
20. Delegation by Commission
At the end of section 172 of the Equal
Opportunity Act 1995 insert--
15
"(2) The Commission may, in writing, delegate to
a member of staff of the Commission any of
its powers or functions under sections 108,
110, 112, 113, 117, 119, 120, 122 and 123.".
21. New section 226 inserted
20
After section 225 of the Equal Opportunity
Act 1995 insert--
"226. Transitional provision--Justice
Legislation (Further Amendment)
Act 2006
25
A complaint may be made by a person or
body referred to in section 104(1A) or (1B)
after the commencement of section 19 of the
Justice Legislation (Further Amendment)
Act 2006, whether the complaint relates to
30
an alleged contravention of this Act that took
place before or after that commencement.".
__________________
23
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 9--Amendment of Gambling Regulation Act 2003
s. 22
See: PART 9--AMENDMENT OF GAMBLING REGULATION ACT
Act No.
2003
114/2003.
Reprint No. 1
as at
22. Training courses
21 July 2005
and
(1) For section 9A.1.18(1) of the Gambling
amending
Regulation Act 2003 substitute--
5 Act Nos
16/2004,
"(1) Subject to sub-section (1B), a licensee who
104/2004 (as
amended by
is employed by a venue operator, regardless
Nos 92/2005,
of when that employment commenced, and
7/2006),
18/2005,
who is working in the gaming machine area
22/2005,
of an approved venue must complete--
45/2005,
10
92/2005,
98/2005, (a) an appropriate approved training course
7/2006,
within the period specified in sub-
23/2006,
24/2006, section (1A); and
32/2006,
48/2006 and
(b) an approved refresher course within the
54/2006.
period of 3 years following completion
15 LawToday:
www.dms.
of an approved training course and
dpc.vic.
every period of 3 years thereafter.
gov.au
(1A) An approved training course must be
completed--
(a) in the case of a licensee who is in the
20
employment of a venue operator
immediately before the commencement
of section 22(1) of the Justice
Legislation (Further Amendment)
Act 2006, within 12 months after the
25
approval of that course by the
Commission;
(b) in the case of a licensee who is
employed by a venue operator on or
after the commencement of section
30
22(1) of the Justice Legislation
(Further Amendment) Act 2006--
24
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 9--Amendment of Gambling Regulation Act 2003
s. 22
(i) within 6 months after the licensee
commences to work in the gaming
machine area of an approved
venue; or
(ii) within 12 months after the
5
approval of that course by the
Commission--
whichever period expires later.
(1B) Sub-section (1)(a) does not apply to a
licensee who has completed an approved
10
training course--
(a) after the commencement of section
22(1) of the Justice Legislation
(Further Amendment) Act 2006; and
(b) within the period of 3 years
15
immediately before the commencement
of employment with a venue operator.".
(2) In section 9A.1.18(3) of the Gambling
Regulation Act 2003, after "from time to time,"
insert "by instrument,".
20
(3) After section 9A.1.18(3) of the Gambling
Regulation Act 2003 insert--
"(3A) The Commission must approve a training
course under sub-section (3) not later than 6
months after the commencement of section
25
22(3) of the Justice Legislation (Further
Amendment) Act 2006.
(3B) An approval for a training course or a
refresher course remains in force until
whichever of the following happens first--
30
(a) the approval is revoked; or
(b) the expiration of 5 years after the
approval was granted.
25
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 9--Amendment of Gambling Regulation Act 2003
s. 23
(3C) The Commission may, on application
received before the expiry of a current
approval for a training course or refresher
course, grant a new approval for the course,
in which case--
5
(a) the current approval continues in force
until the new approval is granted or
refused; and
(b) if granted, the new approval must be
taken to have been granted on the day
10
on which the current approval was due
to expire and must be dated
accordingly.".
23. Amendment of transitional provisions
In Schedule 7 to the Gambling Regulation Act
15
2003, clause 3.6(7) is repealed.
__________________
26
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 10--Amendment of Infringements Act 2006
s. 24
See:
PART 10--AMENDMENT OF INFRINGEMENTS ACT 2006
Act No.
12/2006.
24. Extended period for lodgement Reprint No. 1
as at
After section 55(a) of the Infringements Act 1 July 2006
and
2006 insert-- amending
Act No.
"(ab) if the offence has been committed against
5 48/2006.
section 166(1) of the Electoral Act 2002, no LawToday:
www.dms.
more than 6 months after the date of service dpc.vic.
of the infringement notice in respect of that gov.au
offence under section 167 of that Act; or
(ac) if the offence has been committed against
10
section 40(1A) of the Local Government
Act 1989, no more than 6 months after the
date of service of the infringement notice in
respect of that offence under section 40(3) of
that Act; or".
15
25. New section 209A inserted
After section 209 of the Infringements Act 2006
insert--
"209A. Period for lodgement
(1) Despite section 55(ab), if an offence has
20
been committed against section 166(1) of the
Electoral Act 2002 and an infringement
notice in respect of that offence has been
served under section 167 of that Act during
the period 1 November 2005 to 30 June
25
2006, on and from 1 July 2006, details of the
infringement penalty and prescribed costs in
respect of that offence may be lodged with
an infringements registrar under section 54
no more than 12 months after the date of
30
service of that infringement notice.
27
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 10--Amendment of Infringements Act 2006
s. 25
(2) Despite section 55(ac), if an offence has
been committed against section 40(1A) of
the Local Government Act 1989 and an
infringement notice in respect of that offence
has been served under section 40(3) of that
5
Act during the period 1 November 2005 to
30 June 2006, on and from 1 July 2006,
details of the infringement penalty and
prescribed costs in respect of that offence
may be lodged with an infringements
10
registrar under section 54 no more than
12 months after the date of service of that
infringement notice.".
__________________
28
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 11--Amendment of Judicial College of Victoria Act 2001
s. 26
See:
PART 11--AMENDMENT OF JUDICIAL COLLEGE OF
Act No.
VICTORIA ACT 2001 20/2001
and
amending
26. Definition of "judicial officer" Act Nos
110/2003,
For paragraph (c) of the definition of "judicial 108/2004 and
officer" in section 3 of the Judicial College of
5 20/2005.
LawToday:
Victoria Act 2001 substitute-- www.dms.
dpc.vic.
"(c) a magistrate or judicial registrar of the gov.au
Magistrates' Court or a magistrate of the
Children's Court; or".
__________________
29
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 12--Amendment of Juries Act 2000
s. 27
See: PART 12--AMENDMENT OF JURIES ACT 2000
Act No.
53/2000.
27. Canvassing availability of prospective jurors
Reprint No. 1
as at
After section 29(4) of the Juries Act 2000
1 November
2002 and
insert--
amending
Act Nos
"(4A) The Juries Commissioner or a pool
5 62/2004,
63/2004, supervisor may enquire of persons called to a
108/2004,
pool as to their availability for particular
18/2005,
69/2005, lengths of trials.".
97/2005,
23/2006 and
28. Selection of panel from more than one pool
48/2006.
LawToday:
(1) In section 29(5) of the Juries Act 2000, for "the
10 www.dms.
pool" substitute "a pool".
dpc.vic.
gov.au
(2) In section 30(2)(a) of the Juries Act 2000, for
"the pool" substitute "a pool or pools".
(3) In section 30(2)(b) of the Juries Act 2000, for
"the pool" substitute "of a pool".
15
29. Jury panel may be split
(1) After section 30(4) of the Juries Act 2000
insert--
"(5) The proper officer may split the panel into
two or more parts if he or she considers that
20
it is not practicable for the whole panel to be
present in the court at the one time or that it
is expedient to do so for any other reason.".
(2) In section 31(1) of the Juries Act 2000, after
"panel" insert ", or a part of a split panel,".
25
(3) In section 31(3) of the Juries Act 2000, after "the
panel" insert ", or the first part of a split panel,".
30
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 12--Amendment of Juries Act 2000
s. 30
30. Calling of panel by numbers
(1) In section 31(2) of the Juries Act 2000, after "If"
insert "panel members are to be identified by their
names and".
(2) In section 31(3) of the Juries Act 2000, omit "for
5
security or other reasons".
31. Transitional provision
After clause 13 of Schedule 6 to the Juries Act
2000 insert--
"14. Justice Legislation (Further Amendment)
10
Act 2006
An amendment made to this Act by a
provision of Part 12 of the Justice
Legislation (Further Amendment) Act
2006 applies only to juries commenced to be
15
empanelled on or after the commencement of
that provision.".
__________________
31
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 32
See: PART 13--AMENDMENT OF LEGAL PROFESSION ACT
Act No.
2004
99/2004.
Reprint No. 1
as at
32. Definitions
12 December
2005
In section 1.2.1 of the Legal Profession Act
and
2004--
5 amending
Act Nos
(a) in the definition of "law firm", in
97/2005,
14/2006 and
paragraph (b), after "lawyers;" insert "or";
29/2006.
LawToday:
(b) in the definition of "law firm", after
www.dms.
dpc.vic. paragraph (b) insert--
gov.au
"(c) incorporated legal practices; or
10
(d) one or more incorporated legal
practices and one or more Australian
legal practitioners; or
(e) one or more incorporated legal
practices and one or more Australian-
15
registered foreign lawyers; or
(f) one or more incorporated legal
practices, one or more Australian legal
practitioners and one or more
Australian-registered foreign lawyers;";
20
(c) in the definition of "practical legal training",
for paragraph (b) substitute--
"(b) supervised legal training, whether
involving articles of clerkship or
otherwise; or".
25
33. Local practising certificates
(1) After section 2.4.3(5) of the Legal Profession Act
2004 insert--
"(6) A local legal practitioner whose practising
certificate is subject to a condition referred to
30
in sub-section (3)(b)(i), (ii) or (iv) is not
required to hold a practising certificate that is
32
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 34
subject to the condition referred to in sub-
section (3)(b)(iii) to engage in legal practice
as a volunteer at a community legal centre.
(7) A local legal practitioner whose practising
certificate is subject to the condition referred
5
to in sub-section (3)(b)(i) is not required--
(a) to hold a practising certificate that is
subject to the condition referred to in
sub-section (3)(b)(ii) to engage in legal
practice as an employee of a law
10
practice; or
(b) to hold a practising certificate that is
subject to the condition referred to in
sub-section (3)(b)(iv) to engage in legal
practice as a corporate legal
15
practitioner.".
(2) For section 2.4.9(4A) of the Legal Profession Act
2004 substitute--
"(4A) A fee or surcharge is not payable for a local
practising certificate that authorises the
20
holder to engage in legal practice only as a
volunteer at a community legal centre.".
34. Supervised legal practice
(1) For section 2.4.18(1)(a) of the Legal Profession
Act 2004 substitute--
25
"(a) if, to qualify for admission to the legal
profession, the holder completed practical
legal training--
(i) principally under the supervision of an
Australian legal practitioner, whether
30
involving articles of clerkship or
otherwise; or
33
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 34
(ii) involving articles of clerkship
principally under the supervision of a
person other than an Australian legal
practitioner in accordance with the
admission rules--
5
a period or periods equivalent to 18 months'
supervised legal practice, worked out under
relevant regulations, after the day the
holder's first practising certificate was
granted; or".
10
(2) For section 2.4.18(3) of the Legal Profession Act
2004 substitute--
"(3) The Board may exempt a person or class of
persons from the requirement for supervised
legal practice under sub-section (1) or may
15
reduce a period referred to in that sub-section
for a person or class of persons, if satisfied
that the person or persons do not need to be
supervised or need to be supervised only for
a shorter period, having regard to--
20
(a) the length and nature of any legal
practice previously engaged in by the
person or persons; and
(b) the length and nature of any legal
practice engaged in by the supervisors
25
(if any) who previously supervised the
legal practice engaged in by the person
or persons.
(4) An exemption under sub-section (3) may be
given unconditionally or subject to any
30
conditions that the Board thinks appropriate.
(5) This section does not apply to--
(a) the holder of a local practising
certificate who is a barrister; or
34
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 35
(b) a person who held an Australian
practising certificate at any time before
12 December 2005.
(6) Nothing in sub-section (5) prevents the
Board or the Tribunal imposing a condition
5
regarding supervised legal practice in
relation to a person referred to in sub-
section (5)(b).".
35. Interstate legal practitioners
(1) In section 2.4.35(1) of the Legal Profession Act
10
2004--
(a) for paragraph (a) substitute--
"(a) if, to qualify for admission to the legal
profession, the interstate legal
practitioner completed practical legal
15
training--
(i) principally under the supervision
of an Australian legal practitioner,
whether involving articles of
clerkship or otherwise; or
20
(ii) involving articles of clerkship
principally under the supervision
of a person other than an
Australian legal practitioner in
accordance with the admission
25
rules--
the interstate legal practitioner has
undertaken a period or periods
equivalent to 18 months' supervised
legal practice, worked out under
30
relevant regulations, after the day the
practitioner's first practising certificate
was granted; or";
35
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 36
(b) in paragraph (b)--
(i) for "the practitioner" substitute "the
interstate legal practitioner";
(ii) after "jurisdiction--" insert "the
interstate legal practitioner has
5
undertaken".
(2) For section 2.4.35(2) of the Legal Profession Act
2004 substitute--
"(2) Sub-section (1)--
(a) does not apply--
10
(i) to an interstate legal practitioner
who engages in legal practice in
this jurisdiction solely as a
barrister; or
(ii) if the interstate legal practitioner
15
is exempt from the requirement
for supervised legal practice in the
practitioner's home jurisdiction;
(b) applies only to the extent of a shorter
period if the required period of
20
supervised legal practice has been
reduced for the practitioner in the
practitioner's home jurisdiction.".
36. Trust money and trust accounts
(1) In section 3.3.52(2) of the Legal Profession Act
25
2004, for "law firm" substitute "law practice".
(2) After section 3.3.52(5) of the Legal Profession
Act 2004 insert--
"(6) This section does not apply to a law practice
in respect of an audit year in which the only
30
trust money received by the law practice is
transit money.".
36
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 37
(3) In section 3.3.54(1) of the Legal Profession Act
2004--
(a) omit "that is required to maintain a trust
account";
(b) after "31 October" insert "if the law practice
5
is required under section 3.3.52 to have those
records examined".
37. Costs disclosure
(1) Insert the following definition in section 3.4.2 of
the Legal Profession Act 2004--
10
' "sophisticated client" means a client to whom,
because of section 3.4.12(1)(c) or (d),
disclosure under section 3.4.9 or 3.4.10(1) is
not or was not required;'.
(2) For section 3.4.12(1)(c) of the Legal Profession
15
Act 2004 substitute--
"(c) if the client is--
(i) a law practice or an Australian legal
practitioner; or
(ii) a public company, a subsidiary of a
20
public company, a large proprietary
company, a foreign company, a
subsidiary of a foreign company or a
registered Australian body (each within
the meaning of the Corporations Act);
25
or
(iii) a financial services licensee (within the
meaning of that Act); or
(iv) a liquidator, administrator or receiver
(as respectively referred to in that Act);
30
or
37
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 37
(v) a partnership that carries on the
business of providing professional
services if the partnership consists of
more than 20 members or if the
partnership would be a large
5
proprietary company (within the
meaning of that Act) if it were a
company; or
(vi) a proprietary company (within the
meaning of that Act) formed for the
10
purpose of carrying out a joint venture,
if any shareholder of the company is a
person to whom disclosure of costs is
not required; or
(vii) an unincorporated group of participants
15
in a joint venture, if any member of the
group is a person to whom disclosure of
costs is not required and if any other
members of the group who are not such
persons have indicated that they waive
20
their right to disclosure; or
(viii) a Minister of the Crown in right of a
jurisdiction or the Commonwealth
acting in his or her capacity as such, or
a government department or public
25
authority of a jurisdiction or the
Commonwealth;".
(3) At the end of section 3.4.14 of the Legal
Profession Act 2004 insert--
"(2) A law practice is not required to make a
30
disclosure under sub-section (1) to a
sophisticated client.".
38
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 37
(4) For section 3.4.17(2), (3) and (4) of the Legal
Profession Act 2004 substitute--
"(2) A law practice that does not disclose to a
client anything required by this Division to
be disclosed may not maintain proceedings
5
against the client for the recovery of legal
costs unless the costs have been reviewed
under Division 7.
(3) If a law practice does not disclose to a client
anything required by this Division to be
10
disclosed and the client has entered into a
costs agreement with the law practice, the
client may also apply under section 3.4.32
for the costs agreement to be set aside.
(4) If a law practice does not disclose to a client
15
anything required by this Division to be
disclosed, then, on a review of the relevant
legal costs, the amount of the costs may be
reduced by an amount considered by the
Taxing Master to be proportionate to the
20
seriousness of the failure to disclose.
(5) If a law practice retains another law practice
on behalf of a client and the first law practice
fails to disclose something to the client
solely because the retained law practice
25
failed to disclose relevant information to the
first law practice as required by section
3.4.10(2), then sub-sections (1) to (4)--
(a) do not apply to the legal costs owing to
the first law practice on account of
30
legal services provided by it, to the
extent that the non-disclosure by the
first law practice was caused by the
failure of the retained law practice to
disclose the relevant information; and
35
39
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 38
(b) do apply to the legal costs owing to the
retained law practice.
(6) Failure by a law practice to comply with this
Division is capable of constituting
unsatisfactory professional conduct or
5
professional misconduct on the part of any
Australian legal practitioner or Australian-
registered foreign lawyer involved in the
failure.
(7) Sub-sections (1) and (2) do not apply if the
10
legal costs are or have been the subject of a
civil complaint under Chapter 4.".
(5) After section 3.4.27(4) of the Legal Profession
Act 2004 insert--
"(4A) Sub-section (3)(c)(iii), (d) and (e) does not
15
apply to a conditional costs agreement made
with a sophisticated client.".
38. Billing and costs review
(1) For section 3.4.34(2) of the Legal Profession Act
2004 substitute--
20
"(2) A bill must be signed on behalf of a law
practice--
(a) in any case, by an Australian legal
practitioner or an employee of the law
practice; or
25
(b) in the case of a barrister, by an
approved clerk or an employee of an
approved clerk authorised by the
approved clerk.".
40
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 39
(2) After section 3.4.34(5) of the Legal Profession
Act 2004 insert--
"(5A) Despite anything in sub-sections (2) to (5), a
bill may be given to a client electronically if
the client is a sophisticated client and
5
requested the bill to be given electronically.".
(3) At the end of section 3.4.35 of the Legal
Profession Act 2004 insert--
"(2) Sub-section (1) does not apply in relation to
a sophisticated client.".
10
(4) In section 3.4.41(2)(b) of the Legal Profession
Act 2004, for "section 3.4.48" substitute "section
3.4.38".
39. New section 3.4.48A inserted
After section 3.4.48 of the Legal Profession Act
15
2004 insert--
"3.4.48A. Contracting out of Division by
sophisticated clients
A sophisticated client of a law practice may
contract out of this Division.".
20
40. Lodgement of disputed legal costs with
Commissioner
In section 4.3.3(1) of the Legal Profession Act
2004, for "21 days" substitute "28 days".
41. Distribution Account
25
In the Legal Profession Act 2004--
(a) in section 6.7.5(2)(b), for "6.7.10."
substitute "6.7.10;";
(b) after section 6.7.5(2)(b) insert--
"(c) any amount paid by the Board under
30
section 6.7.11A.";
(c) section 6.7.10(2) is repealed.
41
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 42
42. New section 6.7.11A inserted
After section 6.7.11 of the Legal Profession Act
2004 insert--
"6.7.11A. Further legal aid funding
(1) This section applies if, in a financial year,
5
there is any amount standing to the credit of
the Distribution Account (including any
amount carried over from a previous
financial year) after all amounts have been
debited to that account for that year under
10
section 6.7.5(2)(a) and (b).
(2) The Board may pay out of the Public
Purpose Fund and into the Legal Aid Fund
established under the Legal Aid Act 1978 an
amount determined by the Board with the
15
approval of the Attorney-General, not
exceeding the amount standing to the credit
of the Distribution Account referred to in
sub-section (1).
(3) Sub-section (2) applies despite anything to
20
the contrary in section 6.7.9.".
43. Transitional provisions
(1) For clause 2.2(4A) of Schedule 2 to the Legal
Profession Act 2004 substitute--
25 "(4A) Sub-clause (4) does not apply to a local practising
certificate that authorises the holder to engage in legal
practice only as a volunteer at a community legal
centre.".
(2) In Schedule 2 to the Legal Profession Act 2004,
clauses 2.2(5) and 2.2(6) are repealed.
30
42
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 13--Amendment of Legal Profession Act 2004
s. 44
44. New Part 11 inserted in Schedule 2
After Part 10 of Schedule 2 to the Legal
Profession Act 2004 insert--
'PART 11--JUSTICE LEGISLATION
(FURTHER AMENDMENT) ACT 2006
5
11.1 Law firms
The definition of "law firm" in section 1.2.1 as
amended by section 32 of the Justice Legislation
(Further Amendment) Act 2006 is taken to have
10 applied at all times on and after the commencement
day.
11.2 Conditions on local practising certificates
Sections 2.4.3(6) and 2.4.3(7) are taken to have
applied at all times on and after the commencement
15 day.
11.3 Supervised legal practice
(1) The definition of "practical legal training" in
section 1.2.1 as amended by section 32(c) of the
Justice Legislation (Further Amendment) Act 2006
20 is taken to have applied at all times on and after the
commencement day.
(2) Section 2.4.18 as amended by section 34 of the
Justice Legislation (Further Amendment) Act 2006
is taken to have applied at all times on and after the
25 commencement day.
(3) A reference in section 2.4.18(5)(b) to an Australian
practising certificate includes a reference to a
practising certificate granted under the old Act or any
preceding corresponding enactment, or under the law
30 of another jurisdiction.'.
__________________
43
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 14--Amendment of magistrates' Court Act 1989
s. 45
See:
PART 14--AMENDMENT OF MAGISTRATES' COURT ACT
Act No.
51/1989. 1989
Reprint No. 11
as at
45. Persons who may witness statements to be tendered
1 July 2005
and
at committal proceedings
amending
Act Nos
After clause 8(1)(b)(v) of Schedule 5 to the
5 77/2004,
Magistrates' Court Act 1989 insert--
2/2005,
16/2005,
18/2005, "(va) an officer at Australian Public Service
19/2005,
level 5 or higher or an equivalent level who
45/2005,
62/2005, is a Fraud Investigator or Fraud Investigator
69/2005,
Manager in the Commonwealth Services
10 78/2005,
80/2005, Delivery Agency (Centrelink); or
87/2005,
93/2005,
(vb) an officer at Australian Public Service
2/2006, 9/2006,
level 5 or higher who is an Investigator or
12/2006,
32/2006,
Senior Investigator in the Passport Fraud
44/2006,
Section of the Department of Foreign Affairs
15 48/2006,
50/2006 and
and Trade; or".
51/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
44
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 15--Amendment of Professional Standards Act 2003
s. 46
See:
PART 15--AMENDMENT OF PROFESSIONAL STANDARDS
Act No.
ACT 2003 100/2003
and
amending
46. Definitions Act Nos
40/2004,
(1) In section 4 of the Professional Standards Act 108/2004 and
2003--
5 18/2005.
LawToday:
(a) after the definition of "business assets" www.dms.
dpc.vic.
insert-- gov.au
' "costs" includes fees, charges,
disbursements and expenses;';
(b) for the definition of "damages" substitute--
10
' "damages" means--
(a) damages awarded in respect of a
claim or counter-claim or claim by
way of set-off; or
(b) costs in or in relation to the
15
proceedings ordered to be paid in
connection with such an award
(other than costs incurred in
enforcing a judgment or incurred
on an appeal made by a
20
defendant); or
(c) any interest payable on the
amount of those damages or
costs;'.
(2) At the end of section 4 of the Professional
25
Standards Act 2003 insert--
"(2) A reference in this Act to the amount
payable under an insurance policy in respect
of an occupational liability includes a
reference to--
30
45
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 15--Amendment of Professional Standards Act 2003
s. 47
(a) defence costs payable in respect of a
claim, or notification that may lead to a
claim (other than reimbursement of the
defendant for time spent in relation to
the claim), but only if those costs are
5
payable out of the one sum insured
under the policy in respect of the
occupational liability; and
(b) the amount payable under or in relation
to the policy by way of excess.".
10
47. New section 23 substituted
For section 23 of the Professional Standards Act
2003 substitute--
"23. Limitation of liability by insurance
arrangements
15
A scheme may provide that if a person to
whom the scheme applies and against whom
a proceeding relating to occupational liability
is brought is able to satisfy the court that--
(a) the person has the benefit of an
20
insurance policy insuring the person
against the occupational liability to
which the cause of action relates; and
(b) the amount payable under the policy in
respect of that occupational liability is
25
not less than the amount of the
monetary ceiling specified in the
scheme in relation to the class of person
and the kind of work to which the cause
of action relates--
30
the person is not liable in damages in relation
to that cause of action above the amount of
that monetary ceiling.".
46
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 15--Amendment of Professional Standards Act 2003
s. 48
48. Limitation of liability by reference to amount of
business assets
(1) In section 24(a) of the Professional Standards
Act 2003 omit "at the time at which the act or
omission giving rise to the cause of action
5
occurred".
(2) For section 24(b)(ii) of the Professional
Standards Act 2003 substitute--
"(ii) the net current market value of the business
assets and the amount payable under the
10
policy in respect of that occupational
liability, if combined, would total an amount
that is not less than the amount of the
monetary ceiling specified in the scheme in
relation to the class of person and the kind of
15
work to which the cause of action relates--".
49. Limitation of liability by multiple of charges
(1) For section 25(1)(a)(ii) of the Professional
Standards Act 2003 substitute--
"(ii) under which the amount payable in respect
20
of that occupational liability is not less than
an amount (the limitation amount), being a
reasonable charge for the services provided
by the person or which the person failed to
provide and to which the cause of action
25
relates, multiplied by the multiple specified
in the scheme in relation to the class of
person and the kind of work to which the
cause of action relates; or".
(2) For section 25(1)(c)(ii) of the Professional
30
Standards Act 2003 substitute--
"(ii) the net current market value of the assets and
the amount payable under the policy in
respect of that occupational liability, if
combined, would total an amount that is not
35
less than the limitation amount--".
47
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 15--Amendment of Professional Standards Act 2003
s. 50
50. New section 28A inserted
After section 28 of the Professional Standards
Act 2003 insert--
"28A. Liability in damages not reduced to below
relevant limit
5
The liability in damages of a person to whom
a scheme applies is not reduced below the
relevant limitation imposed by a scheme in
force under this Act because the amount
available to be paid to the claimant under the
10
insurance policy required for the purposes of
this Act in respect of that liability is less than
the relevant limitation.
Note: Section 4(2) permits a defence costs inclusive policy
15 for the purposes of this Act, which may reduce the
amount available to be paid to a client in respect of
occupational liability covered by the policy.
Section 28A makes it clear that this does not reduce
the cap on the liability of the scheme participant to
20 the client, and accordingly the scheme participant
will continue to be liable to the client for the amount
of any difference between the amount payable to the
client under the policy and the amount of the cap.".
51. Limit of occupational liability by schemes
(1) In section 30(2) of the Professional Standards
25
Act 2003, for "the time of the relevant act or
omission" substitute "the time at which the act or
omission giving rise to the cause of action
concerned occurred".
(2) In section 30(4) of the Professional Standards
30
Act 2003, for "at the time of the relevant act or
omission" substitute "at the time at which the act
or omission giving rise to the cause of action
concerned occurred".
48
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 15--Amendment of Professional Standards Act 2003
s. 52
52. New section 59 inserted
After section 58 of the Professional Standards
Act 2003 insert--
'59. Transitional provisions--Justice
Legislation (Further Amendment) Act
5
2006
(1) In this section "the amending Act" means
the Justice Legislation (Further
Amendment) Act 2006.
(2) A scheme approved under this Act before the
10
commencement of Part 15 of the amending
Act is taken to be, and always to have been,
a valid scheme if it would have been valid
had the amendments made by the amending
Act been in force when the scheme was
15
approved.
(3) Anything done or omitted to be done in
respect of such a scheme is taken to be, and
always to have been, validly done or omitted.
In particular, an insurance policy required by
20
this Act before a limitation on liability in
damages of a person to whom such a scheme
applies is reduced is taken to comply, and
always to have complied, with this Act if it
would have complied had the amendments
25
made by the amending Act been in force
when the policy was issued.
(4) This section extends to proceedings pending
in a court on the commencement of Part 15
of the amending Act.'.
30
__________________
49
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 16--Amendment of Sex Offenders Registration Act 2004
s. 53
See: PART 16--AMENDMENT OF SEX OFFENDERS
Act No.
REGISTRATION ACT 2004
56/2004.
Reprint No. 1
as at
53. Definitions
1 October
2005
(1) In section 3 of the Sex Offenders Registration
and
Act 2004, for the definition of "existing controlled
5 amending
Act Nos
registrable offender" substitute--
18/2005,
57/2005,
' "existing controlled registrable offender"
69/2005,
means a person who, as a result of having
2/2006,
14/2006,
been sentenced for a registrable offence
24/2006 and
committed when he or she was 18 years of
48/2006.
10
LawToday:
age or older, was immediately before
www.dms.
1 October 2004--
dpc.vic.
gov.au
(a) an inmate; or
(b) a detainee; or
(c) a forensic patient detained in custody
15
under a custodial supervision order
within the meaning of the Crimes
(Mental Impairment and Unfitness to
be Tried) Act 1997; or
(d) serving a sentence referred to in section
20
6C(1) of the Corrections Act 1986; or
(e) serving an order referred to in
paragraph (a) of the definition of
"community service order" in section 3;
or
25
(f) serving an order referred to in
paragraph (a) of the definition of "good
behaviour bond" in section 3 under
which the person is required to submit
to strict supervision;
30
50
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 16--Amendment of Sex Offenders Registration Act 2004
s. 53
(g) serving a non-custodial supervision
order within the meaning of the Crimes
(Mental Impairment and Unfitness to
be Tried) Act 1997; or
(h) in custody under a law of a foreign
5
jurisdiction in the nature of custody
referred to in paragraph (a), (b) or (c) or
serving a sentence imposed or order
made under the laws of a foreign
jurisdiction that is equivalent to a
10
sentence or order referred to in
paragraph (d), (e), (f) or (g);'.
(2) In section 3 of the Sex Offenders Registration
Act 2004, for the definition of "supervising
authority" substitute--
15
' "supervising authority" means--
(a) the Secretary in relation to an offender
serving--
(i) a sentence of imprisonment that
was wholly or partly suspended
20
and who is in the community in
accordance with that sentence; or
(ii) an order referred to in paragraph
(a) of the definition of "good
behaviour bond" in section 3
25
under which the person is required
to submit to strict supervision; and
(b) the entity deemed by the regulations for
the purposes of this definition to have
custody of, or to be responsible for
30
supervising, the class of offender to
which any other offender belongs.'.
51
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 16--Amendment of Sex Offenders Registration Act 2004
s. 54
54. Consequential amendments
(1) In Note 4 at the foot of section 6(1) of the Sex
Offenders Registration Act 2004, for "subject to
supervision" substitute "serving the sentence".
(2) After section 75(1)(h) of the Sex Offenders
5
Registration Act 2004 insert--
"(ha) prescribing an entity as the supervising
authority in relation to a class of offender;".
(3) After section 75(2) of the Sex Offenders
Registration Act 2004 insert--
10
"(3) Regulations made under section 75(1)(ha)
may prescribe an entity as the supervising
authority in relation to a class of offender
even if the entity has no direct or actual
supervision of offenders belonging to that
15
class.".
55. New section 73B inserted
After section 73A of the Sex Offenders
Registration Act 2004 insert--
"73B. Transitional provision--Justice
20
Legislation (Further Amendment) Act
2006
The amendments of section 3 of this Act
made by section 53 of the Justice
Legislation (Further Amendment) Act
25
2006 do not affect the rights of the parties in
the proceeding known as DPP v Neisser
[2006] VSC 218 (No. 9544 of 2005) in the
Supreme Court of Victoria.".
__________________
52
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 17--Amendment of Victorian Civil and Administrative Tribunal Act
s. 56
1998
See:
PART 17--AMENDMENT OF VICTORIAN CIVIL AND
Act No.
ADMINISTRATIVE TRIBUNAL ACT 1998 53/1998.
Reprint No. 4
as at
56. Summary dismissal of unjustified proceedings 1 March 2006
and
In section 75(3)(c) of the Victorian Civil and amending
Administrative Tribunal Act 1998 omit
5 Act Nos
18/2003,
"senior". 16/2005,
49/2005,
57. Injunctions and declarations 57/2005,
61/2005,
(1) For section 123(2) of the Victorian Civil and 97/2005,
14/2006,
Administrative Tribunal Act 1998 substitute-- 16/2006,
22/2006,
"(2) The Tribunal's power to make an order under
10 23/2006,
sub-section (1) is exercisable by a judicial 24/2006,
43/2006,
member or a member who is a legal 48/2006 and
practitioner.". 53/2006.
LawToday:
(2) For section 124(2) of the Victorian Civil and www.dms.
dpc.vic.
Administrative Tribunal Act 1998 substitute--
15 gov.au
"(2) The Tribunal's power to make a declaration
under sub-section (1) is exercisable by a
presidential member or a member who is a
legal practitioner.".
(3) Part 17A of Schedule 1 to the Victorian Civil and
20
Administrative Tribunal Act 1998 is repealed.
58. Failing to comply with summons
After section 134(4) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(5) The Bail Act 1977 applies, with any
25
necessary modifications, to and in respect of
a person brought before the Tribunal under
this section as if--
53
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 17--Amendment of Victorian Civil and Administrative Tribunal Act
s. 59
1998
(a) the person were accused of an offence
and were being held in custody in
relation to that offence; and
(b) the Tribunal were a court within the
meaning of that Act.".
5
59. Contempt
(1) For section 137(4) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute--
"(4) The Bail Act 1977 applies, with any
necessary modifications, to and in respect of
10
a person brought before the Tribunal under
this section as if--
(a) the person were accused of an offence
and were being held in custody in
relation to that offence; and
15
(b) the Tribunal were a court within the
meaning of that Act.".
(2) After section 137(5) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(5A) In considering whether, and the term for
20
which, to commit a person to prison for a
contempt, the Tribunal may have regard to
the provisions of Part 2 of the Sentencing
Act 1991 as if it were a court considering
imposing a sentence of imprisonment in
25
respect of an offence.".
60. New section 163 inserted
After section 162 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"163. Transitional provision--Justice
30
Legislation (Further Amendment) Act
2006
The amendment of this Act made by
section 59 of the Justice Legislation
54
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 17--Amendment of Victorian Civil and Administrative Tribunal Act
s. 60
1998
(Further Amendment) Act 2006 only
applies to contempts of the Tribunal alleged
to have been committed on or after the
commencement of that section.".
__________________
55
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 18--Amendment of Victorian Law Reform Commission Act 2000
s. 61
See: PART 18--AMENDMENT OF VICTORIAN LAW REFORM
Act No.
COMMISSION ACT 2000
44/2000.
Reprint No. 1
as at
61. Appointment of acting chairperson
12 December
2005.
In section 7(3) of the Victorian Law Reform
LawToday:
Commission Act 2000, after "act as chairperson"
5 www.dms.
dpc.vic.
insert "(whether on a full-time or part-time
gov.au
basis)".
__________________
56
551433B.I1-24/8/2006 BILL LA INTRODUCTION 24/8/2006
Justice Legislation (Further Amendment) Act 2006
Act No.
Part 19--Amendment of Working with Children Act 2005
s. 62
See:
PART 19--AMENDMENT OF WORKING WITH CHILDREN
Act No.
ACT 2005 57/2005
and
amending
62. What is child-related work? Act Nos
93/2005,
(1) In section 9(1) of the Working with Children 2/2006,
Act 2005, omit "on or after the relevant date in
5 14/2006,
24/2006,
relation to that service, body, place or activity or 27/2006,
1 July 2011 (whichever is the earlier date)". 29/2006 and
48/2006.
(2) In section 9(3) of the Working with Children LawToday:
www.dms.
Act 2005, after "result in work" insert ", or dpc.vic.
practical training, of a kind referred to in sub- gov.au
10
section (1)".
(3) After section 9(3) of the Working with Children
Act 2005 insert--
"(3A) Despite sub-section (1), for the purposes of
sections 33 and 35 to 37, child-related work
15
is only work, or practical training, of a kind
referred to in sub-section (1) that is engaged
in or undertaken, in connection with a
service, body, place or activity specified in
sub-section (3), on or after the relevant date
20
in relation to that service, body, place or
activity or 1 July 2011 (whichever is the
earlier date).".
(4) At the foot of sections 33(1), 35(1), 36(1) and
37(1) of the Working with Children Act 2005
25
insert--
'Note: See section 9(3A) for the meaning of "child-related
work" in this section.'.
57
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Justice Legislation (Further Amendment) Act 2006
Act No.
Part 19--Amendment of Working with Children Act 2005
s. 63
63. Part 6 substituted
For Part 6 of the Working with Children Act
2005 substitute--
"PART 6--TRANSITIONAL PROVISIONS
50. Transitional provision--Justice
5
Legislation (Further Amendment) Act
2006
(1) The amendments of this Act made by
section 62 of the Justice Legislation
(Further Amendment) Act 2006 do not
10
affect any Order made under section 9(5) of
this Act before the commencement of that
section of that Act.
(2) Nothing in sub-section (1) limits section 14
of the Interpretation of Legislation Act
15
1984.".
__________________
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Justice Legislation (Further Amendment) Act 2006
Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 64
See:
PART 20--AMENDMENT OF FAIR TRADING ACT 1999 AND
Act No.
OTHER CONSUMER ACTS 16/1999.
Reprint No. 2
as at
64. Fair Trading Act 1999--entry or search with 30 August
consent 2004
and
For section 119(1)(d) of the Fair Trading Act
5 amending
Act Nos
1999 substitute-- 103/2004,
108/2004,
"(d) in the case of any document on the premises, 18/2005,
if the inspector believes, on reasonable 91/2005,
98/2005 and
grounds, that it is connected with the alleged 32/2006.
contravention, the inspector may do all or LawToday:
10
www.dms.
any of the following-- dpc.vic.
gov.au
(i) require the document to be produced
for examination;
(ii) examine, make copies or take extracts
from the document, or arrange for the
15
making of copies or the taking of
extracts to be done on the premises or
elsewhere;
(iii) remove the document for so long as is
reasonably necessary to make copies or
20
take extracts from the document;
(e) make any still or moving image or audio-
visual recording that the inspector believes,
on reasonable grounds, is necessary for the
purpose of establishing the alleged
25
contravention.".
65. Fair Trading Act 1999--emergency entry
For section 121(2)(e) of the Fair Trading Act
1999 substitute--
"(e) in the case of any document on the premises,
30
if the inspector believes on reasonable
grounds that it is necessary to do so, the
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 66
inspector may do all or any of the
following--
(i) require the document to be produced
for examination;
(ii) examine, make copies or take extracts
5
from the document, or arrange for the
making of copies or the taking of
extracts to be done on the premises or
elsewhere;
(iii) remove the document for so long as is
10
reasonably necessary to make copies or
take extracts from the document;
(f) make any still or moving image or audio-
visual recording if the inspector believes, on
reasonable grounds, that it is necessary to do
15
so.".
66. Fair Trading Act 1999--new section 121A inserted
After section 121 of the Fair Trading Act 1999
insert--
"121A. Entry without consent or warrant
20
(1) For the purpose of monitoring compliance
with this Act or the regulations or an order
made by a court or tribunal under this Act or
the regulations, an inspector may, subject to
sub-section (2)--
25
(a) enter and search any premises at which
the inspector believes, on reasonable
grounds--
(i) a person is conducting a business
or supplying goods or services; or
30
(ii) a person is keeping a record or
document that is required to be
kept by this Act or the regulations
or that may show whether or not
60
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 66
this Act or the regulations are
being complied with;
(b) examine anything found on the
premises;
(c) take and keep samples of anything
5
found on the premises if the inspector
believes, on reasonable grounds, that it
is connected with a contravention of
this Act or the regulations;
(d) seize anything found on the premises or
10
secure anything found on the premises
against interference, if the inspector
believes, on reasonable grounds, that it
is connected with a contravention of
this Act or the regulations;
15
(e) examine and test any equipment found
on the premises that is of a kind used in
connection with the supply of goods or
services;
(f) in the case of any document on the
20
premises, do all or any of the
following--
(i) require the document to be
produced for examination;
(ii) examine, make copies or take
25
extracts from the document, or
arrange for the making of copies
or the taking of extracts to be done
on the premises or elsewhere;
(iii) remove the document for so long
30
as is reasonably necessary to make
copies or take extracts from the
document;
(g) make any still or moving image or
audio-visual recording;
35
61
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 66
(h) bring any equipment onto the premises
that the inspector believes, on
reasonable grounds, is necessary for the
examination or processing of things
(including documents) found at the
5
premises in order to determine whether
they are things that may be seized
under this section.
(2) An inspector--
(a) must not exercise a power under sub-
10
section (1) in any part of the premises
that is used for residential purposes;
and
(b) must not exercise a power under sub-
section (1), except between the hours of
15
9 a.m. to 5 p.m., or when the premises
are open for business.
(3) If an inspector exercises a power of entry
under this section without the owner or
occupier being present the inspector must, on
20
leaving the premises, leave a notice setting
out--
(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of things done while on
25
the premises; and
(d) the time of departure; and
(e) the procedure for contacting the
Director for further details of the
entry.".
30
62
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 67
67. Fair Trading Act 1999--search warrants
In section 122(2) of the Fair Trading Act 1999--
(a) in paragraph (b)--
(i) in sub-paragraph (iv), for "samples of;"
substitute "samples of--";
5
(ii) omit sub-paragraph (v);
(iii) for "alleged contravention." substitute
"alleged contravention; and";
(b) after paragraph (b) insert--
"(c) in the case of any document of a
10
particular kind, named or described in
the warrant, if the inspector believes, on
reasonable grounds, that it is connected
with the alleged contravention, the
inspector may do all or any of the
15
following--
(i) require the document to be
produced for inspection;
(ii) examine, make copies or take
extracts from the document, or
20
arrange for the making of copies
or the taking of extracts to be done
on the premises or elsewhere;
(iii) remove the document for so long
as is reasonably necessary to make
25
copies or take extracts from the
document; and
(d) make any still or moving image or
audio-visual recording of anything of a
particular kind, named or described in
30
the warrant, that the inspector believes,
on reasonable grounds, to be connected
with the alleged contravention.".
63
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 68
68. Fair Trading Act 1999--new section 126A inserted
After section 126 of the Fair Trading Act 1999
insert--
"126A. Use or seizure of electronic equipment at
premises
5
(1) If--
(a) while acting under section 121A, an
inspector finds a thing at the premises
that is or includes a disk, tape or other
device for the storage of information;
10
and
(b) there is at the premises equipment that
may be used with the disk, tape or other
storage device; and
(c) the inspector believes, on reasonable
15
grounds, that information stored in the
disk, tape or other storage device may
be relevant to determine whether this
Act or the regulations have been
complied with--
20
the inspector may operate, or may require the
occupier of the premises or an employee of
the occupier to operate, the equipment to
access the information.
(2) If the inspector finds that a disk, tape or
25
other storage device at the premises contains
information that the inspector believes, on
reasonable grounds, stores information that
is relevant to determine whether this Act or
the regulations have been complied with, the
30
inspector may--
(a) put the information in a documentary
form and seize the documents so
produced; or
64
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 69
(b) copy the information to another disk,
tape or other storage device and remove
that disk, tape or storage device from
the premises; or
(c) if it is not practicable to put the
5
information in a documentary form nor
to copy the information, seize the disk,
tape or other storage device and the
equipment that enables the information
to be accessed.
10
(3) An inspector must not operate or seize
equipment for a purpose set out in this
section unless the inspector believes, on
reasonable grounds, that the operation can be
carried out without damage to the
15
equipment.".
See:
69. Associations Incorporation Act 1981--section 37C Act No.
substituted 9713.
Reprint No. 6
For section 37C of the Associations as at
1 November
Incorporation Act 1981 substitute--
20 2003
and
"37C. Production of identity card amending
Act Nos
(1) An inspector must produce his or her identity 103/2004,
card for inspection-- 108/2004,
18/2005 and
32/2006.
(a) before exercising a power under this LawToday:
Part other than a requirement made by
25 www.dms.
dpc.vic.
post; and gov.au
(b) at any time during the exercise of a
power under this Part, if asked to do so.
Penalty: 10 penalty units.
(2) This section does not apply to the exercise of
30
a power under section 37E.".
65
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 70
70. Associations Incorporation Act 1981--new section
37EA inserted
After section 37E of the Associations
Incorporation Act 1981 insert--
"37EA. Entry without consent or warrant
5
(1) For the purpose of monitoring compliance
with this Act or the regulations, an inspector
may, subject to sub-section (2)--
(a) enter and search any premises at which
the inspector believes, on reasonable
10
grounds--
(i) an association is trading or
supplying goods or services; or
(ii) a person is keeping a record or
document that is required to be
15
kept by this Act or the regulations
or that may show whether or not
this Act or the regulations are
being complied with;
(b) examine anything found on the
20
premises;
(c) seize anything found on the premises or
secure anything found on the premises
against interference, if the inspector
believes, on reasonable grounds, that it
25
is connected with a contravention of
this Act or the regulations;
(d) examine and test any equipment found
on the premises that is of a kind used in
connection with the supply of goods or
30
services;
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Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 70
(e) in the case of any document on the
premises, do all or any of the
following--
(i) require the document to be
produced for examination;
5
(ii) examine, make copies or take
extracts from the document, or
arrange for the making of copies
or the taking of extracts to be done
on the premises or elsewhere;
10
(iii) remove the document for so long
as is reasonably necessary to make
copies or take extracts from the
document;
(f) make any still or moving image or
15
audio-visual recording;
(g) bring any equipment onto the premises
that the inspector believes, on
reasonable grounds, is necessary for the
examination or processing of things
20
(including documents) found at the
premises in order to determine whether
they are things that may be seized
under this section.
(2) An inspector--
25
(a) must not exercise a power under sub-
section (1) in any part of the premises
that is used for residential purposes;
and
(b) must not exercise a power under sub-
30
section (1), except between the hours of
9 a.m. to 5 p.m., or when the premises
are open for business.
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 71
(3) If an inspector exercises a power of entry
under this section without the owner or
occupier being present the inspector must, on
leaving the premises, leave a notice setting
out--
5
(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of things done while on
the premises; and
(d) the time of departure; and
10
(e) the procedure for contacting the
Director for further details of the
entry.".
71. Associations Incorporation Act 1981--section 37M
substituted
15
For section 37M of the Associations
Incorporation Act 1981 substitute--
"37M. Protection against self-incrimination
(1) It is a reasonable excuse for a natural person
to refuse or fail to give information or do any
20
other thing that the person is required to do
by or under this Part, if the giving of the
information or the doing of that other thing
would tend to incriminate the person.
(2) Despite sub-section (1), it is not a reasonable
25
excuse for a natural person to refuse or fail to
produce a document that the person is
required to produce by or under this Part, if
the production of the document would tend
to incriminate the person.".
30
68
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 72
72. Associations Incorporation Act 1981--section 37P
substituted
For section 37P of the Associations
Incorporation Act 1981 substitute--
"37P. Entry to be reported to the Director
5
(1) If an inspector exercises a power of entry
under this Part, the inspector must report the
exercise of the power to the Director within
7 days after the entry.
(2) The report must include all relevant details
10
of the entry including particulars of--
(a) the time and place of the entry; and
(b) the purpose of the entry; and
(c) the things done while on the premises,
including details of things seized,
15
copies made and extracts taken; and
(d) the time of departure from the
premises.
37PA. Register of exercise of powers of entry
The Director must keep a register containing
20
the particulars of all matters reported to the
Director under section 37P.
37PB. Complaints
(1) Any person may complain to the Director
about the exercise of a power by an inspector
25
under this Part.
(2) The Director must--
(a) investigate any complaint made to the
Director; and
(b) provide a written report to the
30
complainant on the results of the
investigation.".
69
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 73
73. Credit (Administration) Act 1984--section 27
See:
substituted
Act No.
10091.
Reprint No. 4 For section 27 of the Credit (Administration)
as at
Act 1984 substitute--
1 September
1999
"27. Entry without consent or warrant
5 and
amending
(1) For the purpose of monitoring compliance
Act Nos
35/2000,
with the Credit Acts or regulations under
106/2003 and
those Acts or an order made by a court or
103/2004.
LawToday:
tribunal under a Credit Act or regulations
www.dms.
made under a Credit Act, an inspector may,
10 dpc.vic.
gov.au
subject to sub-section (2)--
(a) enter and search any premises at which
the inspector believes, on reasonable
grounds--
(i) a person is conducting business or
15
supplying goods or services; or
(ii) a person is keeping a record or
document that is required to be
kept by a Credit Act or regulations
made under a Credit Act or that
20
may show whether or not the Act
or regulations are being complied
with;
(b) examine anything found on the
premises;
25
(c) take and keep samples of anything
found on the premises if the inspector
believes, on reasonable grounds, that it
is connected with a contravention of a
Credit Act or regulations made under a
30
Credit Act;
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Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 73
(d) seize anything found on the premises or
secure anything found on the premises
against interference, if the inspector
believes, on reasonable grounds, that it
is connected with a contravention of a
5
Credit Act or regulations made under a
Credit Act;
(e) examine and test any equipment found
on the premises that is of a kind used in
connection with the supply of goods or
10
services;
(f) in the case of any document on the
premises, do all or any of the
following--
(i) require the document to be
15
produced for examination;
(ii) examine, make copies or take
extracts from the document, or
arrange for the making of copies
or the taking of extracts to be done
20
on the premises or elsewhere;
(iii) remove the document for so long
as is reasonably necessary to make
copies or take extracts from the
document;
25
(g) make any still or moving image or
audio-visual recording;
(h) bring any equipment onto the premises
that the inspector believes, on
reasonable grounds, is necessary for the
30
examination or processing of things
(including documents) found at the
premises in order to determine whether
they are things that may be seized
under this section.
35
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s. 74
(2) An inspector--
(a) must not exercise a power under sub-
section (1) in any part of the premises
that is used for residential purposes;
and
5
(b) must not exercise a power under sub-
section (1), except between the hours of
9 a.m. to 5 p.m., or when the premises
are open for business.
(3) If an inspector exercises a power of entry
10
under this section without the owner or
occupier being present the inspector must, on
leaving the premises, leave a notice setting
out--
(a) the time of entry; and
15
(b) the purpose of entry; and
(c) a description of things done while on
the premises; and
(d) the time of departure; and
(e) the procedure for contacting the
20
Director for further details of the
entry.".
74. Credit (Administration) Act 1984--section 38
substituted
For section 38 of the Credit (Administration)
25
Act 1984 substitute--
"38. Protection against self-incrimination
(1) It is a reasonable excuse for a natural person
to refuse or fail to give information or do any
other thing that the person is required to do
30
by or under this Part, if the giving of the
information or the doing of that other thing
would tend to incriminate the person.
72
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Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 75
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is
required to produce by or under this Part, if
the production of the document would tend
5
to incriminate the person.".
75. Credit (Administration) Act 1984--application of
Fair Trading Act 1999
In section 40 of the Credit (Administration) Act
1984, for "Sections 120," substitute "Sections
10
116, 120,".
See:
76. Estate Agents Act 1980--section 70U substituted Act No.
9428.
For section 70U of the Estate Agents Act 1980 Reprint No. 9
substitute-- as at
16 March
"70U. Protection against self-incrimination
15 2006
and
(1) It is a reasonable excuse for a natural person amending
Act Nos
to refuse or fail to give information or do any 24/2006 and
other thing that the person is required to do 32/2006.
LawToday:
by or under this Part, if the giving of the www.dms.
information or the doing of that other thing dpc.vic.
20
gov.au
would tend to incriminate the person.
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is
required to produce by or under this Part, if
25
the production of the document would tend
to incriminate the person.".
77. Estate Agents Act 1980--application of Fair
Trading Act 1999
In section 70W of the Estate Agents Act 1980,
30
after "Sections 120," insert "121A,".
73
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 78
78. Introduction Agents Act 1997--section 42
See:
substituted
Act No.
75/1997.
Reprint No. 2 For section 42 of the Introduction Agents Act
as at
1997 substitute--
10 February
2000
"42. Production of identity card
5 and
amending
(1) An inspector must produce his or her identity
Act Nos
44/2001,
card for inspection--
103/2004,
108/2004 and
(a) before exercising a power under this
32/2006.
Part; and
LawToday:
www.dms.
dpc.vic.
(b) at any time during the exercise of a
10 gov.au
power under this Part, if asked to do so.
Penalty: 10 penalty units.
(2) This section does not apply to the exercise of
a power under section 43.".
79. Introduction Agents Act 1997--new section 44A
15
inserted
After section 44 of the Introduction Agents Act
1997 insert--
"44A. Entry without consent or warrant
(1) For the purpose of monitoring compliance
20
with this Act or the regulations or an order
made by a court or tribunal under this Act or
the regulations, an inspector may, subject to
sub-section (2)--
(a) enter and search any premises at which
25
the inspector believes, on reasonable
grounds--
(i) a person is conducting a business
or supplying goods or services; or
(ii) a person is keeping a record or
30
document that is required to be
kept by this Act or the regulations
or that may show whether or not
74
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 79
this Act or the regulations are
being complied with;
(b) examine anything found on the
premises;
(c) take and keep samples of anything
5
found on the premises if the inspector
believes, on reasonable grounds, that it
is connected with a contravention of
this Act or the regulations;
(d) seize anything found on the premises or
10
secure anything found on the premises
against interference, if the inspector
believes, on reasonable grounds, that it
is connected with a contravention of
this Act or the regulations;
15
(e) examine and test any equipment found
on the premises that is of a kind used in
connection with the supply of goods or
services;
(f) in the case of any document on the
20
premises, do all or any of the
following--
(i) require the document to be
produced for examination;
(ii) examine, make copies or take
25
extracts from the document, or
arrange for the making of copies
or the taking of extracts to be done
on the premises or elsewhere;
(iii) remove the document for so long
30
as is reasonably necessary to make
copies or take extracts from the
document;
(g) make any still or moving image or
audio-visual recording;
35
75
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Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 79
(h) bring any equipment onto the premises
that the inspector believes, on
reasonable grounds, is necessary for the
examination or processing of things
(including documents) found at the
5
premises in order to determine whether
they are things that may be seized
under this section.
(2) An inspector--
(a) must not exercise a power under sub-
10
section (1) in any part of the premises
that is used for residential purposes;
and
(b) must not exercise a power under sub-
section (1), except between the hours of
15
9 a.m. to 5 p.m., or when the premises
are open for business.
(3) If an inspector exercises a power of entry
under this section without the owner or
occupier being present the inspector must, on
20
leaving the premises, leave a notice setting
out--
(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of things done while on
25
the premises; and
(d) the time of departure; and
(e) the procedure for contacting the
Director for further details of the
entry.".
30
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 80
80. Introduction Agents Act 1997--sections 55 and 56
substituted
For sections 55 and 56 of the Introduction
Agents Act 1997 substitute--
"55. Requirement to assist inspector during
5
entry
To the extent that it is reasonably necessary
to determine compliance with this Act or the
regulations, an inspector exercising a power
of entry under this Part who produces his or
10
her identity card for inspection by the
occupier of the premises or an agent or
employee of the occupier may require that
person--
(a) to give information to the inspector,
15
orally or in writing; and
(b) to produce documents to the inspector;
and
(c) to give reasonable assistance to the
inspector.
20
56. Refusal or failure to comply with
requirement
A person must not, without reasonable
excuse, refuse or fail to comply with a
requirement of an inspector under this Part.
25
Penalty: 60 penalty units.
56A. Protection against self-incrimination
(1) It is a reasonable excuse for a natural person
to refuse or fail to give information or do any
other thing that the person is required to do
30
by or under this Part, if the giving of the
information or the doing of that other thing
would tend to incriminate the person.
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Act No.
Part 20--Amendment of Fair Trading Act 1999 and Other Consumer Acts
s. 80
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is
required to produce by or under this Part, if
the production of the document would tend
5
to incriminate the person.
56B. Entry to be reported to the Director
(1) If an inspector exercises a power of entry
under this Part, the inspector must report the
exercise of the power to the Director within
10
7 days after the entry.
(2) The report must include all relevant details
of the entry including particulars of--
(a) the time and place of the entry; and
(b) the purpose of the entry; and
15
(c) the things done while on the premises,
including details of things seized,
samples taken, copies made and
extracts taken; and
(d) the time of departure from the
20
premises.
56C. Register of exercise of powers of entry
The Director must keep a register containing
the particulars of all matters reported to the
Director under section 56B.
25
56D. Complaints
(1) Any person may complain to the Director
about the exercise of a power by an inspector
under this Part.
(2) The Director must--
30
(a) investigate any complaint made to the
Director; and
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s. 81
(b) provide a written report to the
complainant on the results of the
investigation.".
See:
81. Motor Car Traders Act 1986--section 82AH Act No.
substituted
5 104/1986.
Reprint No. 5
For section 82AH of the Motor Car Traders Act as at
10 December
1986 substitute-- 2003
and
"82AH. Entry without consent or warrant amending
Act Nos
(1) For the purpose of monitoring compliance 103/2004,
with this Act or the regulations or an order 108/2004,
10
18/2005,
made by a court or tribunal under this Act or 91/2005 and
the regulations, an inspector may, subject to 32/2006.
LawToday:
sub-section (2)-- www.dms.
dpc.vic.
(a) enter and search any premises at which gov.au
the inspector believes, on reasonable
15
grounds--
(i) a person is conducting a business
or supplying goods or services; or
(ii) a person is keeping a record or
document that is required to be
20
kept by this Act or the regulations
or that may show whether or not
this Act or the regulations are
being complied with;
(b) examine anything found on the
25
premises;
(c) take and keep samples of anything
found on the premises if the inspector
believes, on reasonable grounds, that it
is connected with a contravention of
30
this Act or the regulations;
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s. 81
(d) seize anything found on the premises or
secure anything found on the premises
against interference, if the inspector
believes, on reasonable grounds, that it
is connected with a contravention of
5
this Act or the regulations;
(e) examine and test any equipment found
on the premises that is of a kind used in
connection with the supply of goods or
services;
10
(f) in the case of any document on the
premises, do all or any of the
following--
(i) require the document to be
produced for examination;
15
(ii) examine, make copies or take
extracts from the document, or
arrange for the making of copies
or the taking of extracts to be done
on the premises or elsewhere;
20
(iii) remove the document for so long
as is reasonably necessary to make
copies or take extracts from the
document;
(g) make any still or moving image or
25
audio-visual recording;
(h) bring any equipment onto the premises
that the inspector believes, on
reasonable grounds, is necessary for the
examination or processing of things
30
(including documents) found at the
premises in order to determine whether
they are things that may be seized
under this section.
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s. 82
(2) An inspector--
(a) must not exercise a power under sub-
section (1) in any part of the premises
that is used for residential purposes;
and
5
(b) must not exercise a power under sub-
section (1), except between the hours of
9 a.m. to 5 p.m., or when the premises
are open for business.
(3) If an inspector exercises a power of entry
10
under this section without the owner or
occupier being present the inspector must, on
leaving the premises, leave a notice setting
out--
(a) the time of entry; and
15
(b) the purpose of entry; and
(c) a description of things done while on
the premises; and
(d) the time of departure; and
(e) the procedure for contacting the
20
Director for further details of the
entry.".
82. Motor Car Traders Act 1986--section 82AS
substituted
For section 82AS of the Motor Car Traders Act
25
1986 substitute--
"82AS. Protection against self-incrimination
(1) It is a reasonable excuse for a natural person
to refuse or fail to give information or do any
other thing that the person is required to do
30
by or under this Part, if the giving of the
information or the doing of that other thing
would tend to incriminate the person.
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s. 83
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is
required to produce by or under this Part, if
the production of the document would tend
5
to incriminate the person.".
See: 83. Second-Hand Dealers and Pawnbrokers Act 1989--
Act No.
amendment of inspection powers
54/1989.
Reprint No. 5
In section 26X of the Second-Hand Dealers and
as at
1 January
Pawnbrokers Act 1989, for "Sections 120,"
10 2003
substitute "Sections 116, 120, 121A, 133,".
and
amending
Act Nos
106/2003,
10/2004,
103/2004,
108/2004 and
32/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 84. Travel Agents Act 1986--amendment of inspection
Act No.
powers
52/1986.
Reprint No. 4
In section 39W of the Travel Agents Act 1986,
as at
1 January
for "Sections 120," substitute "Sections 116, 120,
15 2005
121A, 133,".
and
amending
Act Nos
108/2004,
18/2005 and
32/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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Act No.
Part 21--Statute Law Revision
s. 85
PART 21--STATUTE LAW REVISION
85. City of Melbourne Act 2001
In section 19(6) of the City of Melbourne Act
2001, for "(13)" substitute "(4)".
86. Confiscation Act 1997
5
In section 3(1) of the Confiscation Act 1997, in
paragraph (f) of the definition of "financial
institution", for "Part 2 of the Gaming and
Betting Act 1994" substitute "Part 3 of Chapter 4
of the Gambling Regulation Act 2003".
10
See:
87. Drugs, Poisons and Controlled Substances Act No.
(Amendment) Act 2006 52/2006.
Statute Book:
In section 20 of the Drugs, Poisons and www.dms.
dpc.vic.
Controlled Substances (Amendment) Act 2006, gov.au
in proposed new Part 3 of Schedule Eleven to the
15
Drugs, Poisons and Controlled Substances Act
1981, in the item relating to "AMPHETAMINE",
in Column 2B, for "30`0 g" substitute "30·0 g".
88. Professional Standards Act 2003
In section 13(2)(b) of the Professional Standards
20
Act 2003, for "to or" substitute "to".
83
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
84
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