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PARLIAMENT OF VICTORIA
Law and Justice Legislation (Further Amendment)
Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 3
PART 2--BAIL ACT 1977 4
3. Principal Act 4
4. Grant of bail 4
5. Sureties 4
6. Remand in custody by bail justice 5
7. Further application for bail 5
8. Revocation of bail 5
9. Admission to bail 6
10. Transitional 7
PART 3--CONSUMER CREDIT (VICTORIA) ACT 1995 8
11. Statute law revision 8
PART 4--COUNTRY FIRE AUTHORITY ACT 1958 9
12. Amendment of section 9B--deputy chairman 9
PART 5--CREDIT (ADMINISTRATION) ACT 1984 10
13. Application of Consumer Credit Fund 10
PART 6--CREDIT ACT 1984 11
14. Certain loan contracts not to be taken to be not in accordance
with section 36 11
15. Transitional provision 11
167F. Operation of sections 36(2A) and (2B) 11
16. Minor amendments 12
17. Repeal 12
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Clause Page
PART 7--EQUAL OPPORTUNITY ACT 1995 13
18. Principal Act 13
19. Definitions 13
20. Status as a non-parent is an attribute 14
21. Domestic or personal services exception 14
22. Exemptions by Tribunal 14
23. Dismissal of certain complaints 14
24. Application to strike out complaint 15
25. Dismissal of stale complaint 16
26. Notification if conciliation is inappropriate 16
27. Conciliation agreements 16
28. Notification of unsuccessful conciliation 17
29. Extension of time to determine if complaint should be expedited 17
30. Constitution of Tribunal for certain proceedings 18
31. Dismissal of complaint 18
32. Amendment of section 137 18
33. Enforcement of monetary orders 18
34. Power to dismiss complaint if directions are not followed 18
35. Functions of Commission 18
36. New section 182 substituted 18
182. Constitution of Tribunal 19
37. Deputy registrars 20
38. Compliance with conciliation agreements 20
39. New section 222A inserted 20
222A. Transitional 20
40. Statute law revision 21
PART 8--FIREARMS ACT 1996 22
41. Principal Act 22
42. Amendment of section 3--definitions 22
43. Amendment of section 53--insertion of penalty 23
44. Amendment of section 94--disposal of firearms by dealer to
inter-State permit holder 23
45. Amendment of section 102--holder of inter-State permit
excepted from offence 24
46. Amendment of section 116--notice of removal of firearm from
the State 25
47. Amendment of Schedule 3--inter-State permit holders exempt
from requirement to hold licence 26
PART 9--INSTRUMENTS ACT 1958 27
48. Repeal of Part IX and related provisions 27
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Clause Page
49. New section 138A inserted 27
138A. Transitional provision 27
50. Statute law revision 27
PART 10--INTERPRETATION OF LEGISLATION ACT 1984 28
51. New sections 41 and 41AA substituted 28
41. Power to appoint 28
41AA. Acting appointments 30
PART 11--MAGISTRATES' COURT ACT 1989 33
52. Amendment of Magistrates' Court Act 1989 33
PART 12--SUPREME COURT ACT 1986 35
53. Amendment of Supreme Court Act 1986 35
NOTES 36
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Clause Page
THIS PAGE IS TO BE MASKED
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PARLIAMENT OF VICTORIA
A BILL
to amend the Bail Act 1977, the Consumer Credit (Victoria) Act
1995, the Country Fire Authority Act 1958, the Credit
(Administration) Act 1984, the Credit Act 1984, the Equal
Opportunity Act 1995, the Firearms Act 1996, the Instruments Act
1958, the Interpretation of Legislation Act 1984, the Magistrates'
Court Act 1989, the Supreme Court Act 1986 and for other
purposes.
Law and Justice Legislation (Further
Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
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Law and Justice Legislation (Further Amendment) Act 1997
s. 1
Act No.
(a) to make miscellaneous amendments to the
Bail Act 1977 with respect to--
(i) factors to be considered in determining
whether to grant bail;
5 (ii) sureties for bail;
(iii) remanding a person in custody;
(iv) further applications for bail;
(v) revocation of bail;
(b) to make a minor amendment to the
10 Consumer Credit (Victoria) Act 1995;
(c) to amend the Country Fire Authority Act
1958;
(d) to amend the Credit (Administration) Act
1984 to authorise the payment out of the
15 Consumer Credit Fund of the reasonable
costs and expenses incurred by the
Consumer Credit Fund Advisory Committee
in performing its functions;
(e) to amend the Credit Act 1984 with respect
20 to the effect of certain loan contracts that
have an over-estimation in the statement of
the estimated credit charge and to make
other minor amendments;
(f) to make miscellaneous amendments to the
25 Equal Opportunity Act 1995;
(g) to amend the Firearms Act 1958;
(h) to repeal Part IX of the Instruments Act
1958;
(i) to amend the Interpretation of Legislation
30 Act 1984;
(j) to amend the Magistrates' Court Act 1989
to enable the person against whom a penalty
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Law and Justice Legislation (Further Amendment) Act 1997
s. 2
Act No.
enforcement warrant is issued to consent to
have the sums named in the warrant levied
against property used by that person
primarily as a means of transport that
5 otherwise would be exempt from the process
of execution;
(k) to amend section 42 of the Supreme Court
Act 1986.
2. Commencement
10 (1) Subject to this section, this Act comes into
operation on the day on which it receives the
Royal Assent.
(2) Part 2 comes into operation on 1 January 1998.
(3) Section 11 is deemed to have come into operation
15 on 1 November 1996.
(4) Section 14 is deemed to have come into operation
on 28 February 1985.
(5) Subject to sub-section (6), Part 7 comes into
operation on a day or days to be proclaimed.
20 (6) If a provision of Part 7 does not come into
operation before 5 January 1998, it comes into
operation on that day.
(7) Subject to sub-section (8), Parts 11 and 12 come
into operation on a day to be proclaimed.
25 (8) If Parts 11 and 12 do not come into operation
before 1 August 1998, they come into operation
on that day.
_______________
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Law and Justice Legislation (Further Amendment) Act 1997
s. 3
Act No.
PART 2--BAIL ACT 1977
3. Principal Act
No. 9008. In this Part, the Bail Act 1977 is called the
Reprint No. 6
Principal Act.
as at
1 September
1997.
5 4. Grant of bail
In section 4(3) of the Principal Act--
(a) omit "and" at the end of paragraph (c);
(b) after paragraph (d) insert--
"(e) the attitude, if expressed to the court, of
10 the alleged victim of the offence to the
grant of bail.".
5. Sureties
(1) In section 9(3)(b) of the Principal Act, after "(as
the case may be)" insert "or any other court or
15 person authorised by section 27".
(2) In section 9 of the Principal Act, after sub-section
(3) insert--
"(3A) For the purposes of sub-section (3), a surety
may appear before a court by audio visual
20 link or audio link in accordance with Part
IIA of the Evidence Act 1958.
(3B) If a surety appears before a court by audio
visual link or audio link, the undertaking
may be constituted by the undertaking signed
25 by the accused person and a copy of that
document transmitted to the surety by any
means and signed by the surety.".
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Law and Justice Legislation (Further Amendment) Act 1997
s. 6
Act No.
6. Remand in custody by bail justice
(1) In section 12(1) of the Principal Act, after "court"
(where twice occurring) insert "or bail justice".
(2) In section 12 of the Principal Act, after sub-
5 section (1) insert--
"(1A) A bail justice must not remand a person
referred to in sub-section (1) in custody for a
period of more than 8 clear days.".
7. Further application for bail
10 (1) In section 18(4) of the Principal Act--
(a) after "(1)" insert "or (6B)"; and
(b) after "court" (where secondly occurring)
insert "or bail justice"; and
(c) for "him" substitute "the court hearing the
15 application"; and
(d) omit "that were not disclosed to the court
which made that order".
(2) In section 18 of the Principal Act, after sub-
section (6A) insert--
20 "(6B) If a person has been released on bail but the
bail is revoked under this section or section
24(3), the person may apply to--
(a) the Magistrates' Court; or
(b) the court to which the person was
25 required to surrender under the
conditions of the revoked bail--
for an order granting bail.".
8. Revocation of bail
(1) In section 24(3) of the Principal Act, for
30 paragraphs (a) and (b) substitute--
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Act No.
"(a) if of the opinion that the person has broken
or is likely to break a condition of the
undertaking on which the person was
admitted to bail--may revoke the bail and
5 commit the person to prison with a direction
to the officer in charge of the prison--
(i) if the direction is given by a court, that
the person be brought before the court
at the time when the person is required
10 by the conditions of the bail to appear;
or
(ii) if the direction is given by a bail
justice, that the person be brought
before the Magistrates' Court on a date,
15 specified in the direction, as soon as
practicable but not later than 8 clear
days after the direction is given--
or release the person on his or her original
undertaking or on a new undertaking with or
20 without sureties; or
(b) if not of that opinion--shall release the
person on his or her original undertaking.".
(2) In section 24 of the Principal Act, after sub-
section (4) insert--
25 "(5) If the bail of a person is revoked under sub-
section (3), the person may apply under
section 18(6B) for an order granting bail.".
9. Admission to bail
(1) In section 27 of the Principal Act, for "registrar of
30 the Magistrates' Court" substitute "court official".
(2) At the end of section 27 of the Principal Act
insert--
'(2) In this section, "court official" means--
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s. 10
Act No.
(a) in the case of the Supreme Court, the
prothonotary or a deputy prothonotary;
(b) in the case of the County Court, the
registrar or a deputy registrar;
5 (c) in the case of the Magistrates' Court, a
registrar or deputy registrar.'.
10. Transitional
At the end of section 34 of the Principal Act
insert--
10 "(2) This Act as amended by Part 2 of the Law
and Justice Legislation (Further
Amendment) Act 1997 applies only with
respect to a charge for an offence filed on or
after 1 January 1998.".
15 _______________
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Law and Justice Legislation (Further Amendment) Act 1997
s. 11
Act No.
PART 3--CONSUMER CREDIT (VICTORIA) ACT 1995
11. Statute law revision
No. 41/1995. For item 1 in Schedule 1 to the Consumer Credit
(Victoria) Act 1995, substitute--
5 '1. Administrative Law Act 1978
In section 4(3) after "Credit (Administration) Act
1984" insert "or the Consumer Credit (Victoria)
Code".'
_______________
10
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Law and Justice Legislation (Further Amendment) Act 1997
s. 12
Act No.
PART 4--COUNTRY FIRE AUTHORITY ACT 1958
12. Amendment of section 9B--deputy chairman
In section 9B(2)(b) of the Country Fire
Authority Act 1958--
5 (a) at the end of sub-paragraph (ii) insert "or";
(b) at the end of sub-paragraph (iii) omit "or";
(c) omit sub-paragraph (iv).
_______________
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Law and Justice Legislation (Further Amendment) Act 1997
s. 13
Act No.
PART 5--CREDIT (ADMINISTRATION) ACT 1984
13. Application of Consumer Credit Fund
No. 10091. In section 86AA of the Credit (Administration)
Reprint No. 2
Act 1984, for sub-section (3) substitute--
as at 2 June
1994. Further
5 "(3) There shall be paid out of the Fund--
amended by
No. 41/1995.
(a) such amounts as the Minister
determines from time to time to be
applied as grants under section 86AB;
and
10 (b) such amounts as the Minister
determines from time to time to be paid
in respect of the reasonable costs and
expenses incurred by the Advisory
Committee established under section
15 86AC in performing its functions under
this Part.".
_______________
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Law and Justice Legislation (Further Amendment) Act 1997
s. 14
Act No.
PART 6--CREDIT ACT 1984
14. Certain loan contracts not to be taken to be not in
accordance with section 36
No. 10097.
In section 36 of the Credit Act 1984, after sub-
Reprint No. 2
5 section (2) insert-- as at 3 April
1997.
"(2A) Subject to sub-section (2B), a loan contract
is not to be taken to be not in accordance
with this section only because, in relation to
the whole or any part of the credit charge, it
10 includes a statement of an estimated credit
charge that is greater than that required or
permitted to be stated under this Part
(including section 79).
(2B) Sub-section (2A) applies only if the amount
15 of the credit charge paid or to be paid under
the contract is not greater than the amount
that would have been required to be paid had
the estimated credit charge not been stated as
an amount greater than that which was
20 required or permitted to be stated.".
15. Transitional provision
After section 167E of the Credit Act 1984
insert--
"167F. Operation of sections 36(2A) and (2B)
25 The amendment of this Act made by section
14 of the Law and Justice Legislation
(Further Amendment) Act 1997 does not
affect--
(a) the liability of a person to be convicted
30 of an offence against this Act; or
(b) any determination, declaration or order
made by the Tribunal before the
commencement of this section.".
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Law and Justice Legislation (Further Amendment) Act 1997
s. 16
Act No.
16. Minor amendments
(1) In section 102(3)(b)(ii) of the Credit Act 1984,
for "employé" substitute "employee".
(2) In section 115(5)(b) of the Credit Act 1984, after
5 "paragraph (b)" insert "of".
17. Repeal
(1) Sections 168(1), 169(1), 170, 171, 172, 173 and
174 of the Credit Act 1984 are repealed.
(2) Schedule 8 to the Credit Act 1984 is repealed.
10 _______________
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Law and Justice Legislation (Further Amendment) Act 1997
s. 18
Act No.
PART 7--EQUAL OPPORTUNITY ACT 1995
No. 42/1995.
18. Principal Act
Reprint No. 1
In this Part, the Equal Opportunity Act 1995 is as at 10 April
1997.
called the Principal Act.
5 19. Definitions
In section 4 of the Principal Act--
(a) in the definition of "employee" for paragraph
(a) substitute--
"(a) a person employed under a contract of
10 service, whether or not under an
Australian Workplace Agreement,
certified agreement, employment
agreement or award within the meaning
of the Workplace Relations Act 1996 of
15 the Commonwealth;";
(b) in the definition of "employer" for paragraph
(a) substitute--
"(a) a person who employs another person
under a contract of service, whether or
20 not under an Australian Workplace
Agreement, certified agreement,
employment agreement or award within
the meaning of the Workplace
Relations Act 1996 of the
25 Commonwealth;";
(c) in the definition of "employment" for
paragraph (a) substitute--
"(a) employment under a contract of
service, whether or not under an
30 Australian Workplace Agreement,
certified agreement, employment
agreement or award within the meaning
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s. 20
Act No.
of the Workplace Relations Act 1996 of
the Commonwealth;".
20. Status as a non-parent is an attribute
(1) In section 4 of the Principal Act after the
5 definition of "parent" insert--
' "parental status" means the status of being a
parent or not being a parent;'.
(2) In section 6 of the Principal Act for paragraph (l)
substitute--
10 "(l) parental status or status as a carer;".
21. Domestic or personal services exception
In section 16 of the Principal Act for "his or her"
substitute "any person's".
22. Exemptions by Tribunal
15 In section 83 of the Principal Act, for sub-section
(5) substitute--
"(5) For the purposes of granting, reviewing or
revoking an exemption under this section,
the procedure of the Tribunal is at the
20 discretion of the person constituting or
presiding over the Tribunal.".
23. Dismissal of certain complaints
(1) In section 108(1) of the Principal Act--
(a) after paragraph (b) insert--
25 "(ba) involves subject matter that has been
adequately dealt with by a tribunal or
court; or";
(b) after "complainant" insert "and the
respondent".
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s. 24
Act No.
(2) After section 108(1) of the Principal Act insert--
"(1A) Before declining to entertain a complaint, the
Commission may, by written notice, invite
any person--
5 (a) to attend before the Commission, or a
member or member of staff of the
Commission, for the purpose of
discussing the subject matter of the
complaint;
10 (b) to produce any documents specified in
the notice.
(1B) The period of 60 days referred to in sub-
section (1) is suspended while any
application to the Tribunal under section 109
15 in relation to the complaint is pending.".
(3) After section 108(4) of the Principal Act insert--
"(5) As soon as possible after a dismissal under
sub-section (4), the Commission must, by
written notice, notify the complainant and
20 the respondent of the dismissal.
(6) The Commission may, by notice in writing
given to the complainant and the respondent,
extend the period of 60 days referred to in
sub-section (1) by a period not exceeding 10
25 days if the Commission considers it
necessary or desirable to do so in the
interests of justice or fairness.".
24. Application to strike out complaint
(1) In section 109(1) of the Principal Act after
30 "complaint" insert "or any part of it".
(2) In section 109 of the Principal Act, for sub-section
(2) substitute--
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s. 25
Act No.
"(2) The application may be made at any time--
(a) before the respondent has been given a
notice to attend under section 114(2)(a)
or has otherwise been notified by the
5 Commission or the Chief Conciliator of
a date for conciliation; or
(b) after the conciliation has been
completed and before the Tribunal
commences to hear the complaint.".
10 (3) In section 109 of the Principal Act, for sub-section
(5) substitute--
"(5) The Tribunal must, by written notice, notify
the Commission as soon as practicable of the
result of an application under this section.".
15 25. Dismissal of stale complaint
After section 110(1) of the Principal Act insert--
"(1A) As soon as possible after a dismissal under
sub-section (1), the Commission must, by
written notice, notify the complainant and
20 the respondent of the dismissal.".
26. Notification if conciliation is inappropriate
(1) In section 113(1) of the Principal Act after
"complainant" insert "and the respondent".
(2) After section 113(4) of the Principal Act insert--
25 "(5) As soon as possible after a dismissal under
sub-section (4), the Commission must, by
written notice, notify the complainant and
the respondent of the dismissal.".
27. Conciliation agreements
30 (1) In section 115(1)(a) of the Principal Act after
"party" insert "made within 30 days after
agreement is reached".
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s. 28
Act No.
(2) In section 115 of the Principal Act, for sub-
sections (2) and (3) substitute--
"(2) Any party, after notifying in writing the
other party, may lodge a copy of the signed
5 and certified record with the President for
registration.
(3) Subject to sub-section (4), the President must
register the record and give a certified copy
of the registered record to each party.
10 (4) If the President considers that it may not be
practicable to enforce, or to supervise
compliance with, a conciliation agreement,
the President may refuse to register the
record of agreement.
15 (5) On registration, the record must be taken to
be an order of the Tribunal in accordance
with its terms and may be enforced
accordingly.
(6) The refusal of the President to register the
20 record does not affect the validity of the
agreement.".
28. Notification of unsuccessful conciliation
(1) In section 117(1) of the Principal Act after
"complainant" insert "and the respondent".
25 (2) After section 117(4) of the Principal Act insert--
"(5) As soon as possible after a dismissal under
sub-section (4), the Commission must, by
written notice, notify the complainant and
the respondent of the dismissal.".
30 29. Extension of time to determine if complaint should be
expedited
In section 119(2) of the Principal Act for "7 days"
substitute "10 days".
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s. 30
36
Act No.
30. Constitution of Tribunal for certain proceedings
In the Principal Act sections 121(5), 124(5) and
131(5) are repealed.
31. Dismissal of complaint
5 After section 123(3) of the Principal Act insert--
"(4) As soon as possible after a dismissal under
sub-section (3), the Commission must, by
written notice, notify the complainant and
the respondent of the dismissal.".
10 32. Amendment of section 137
In section 137 of the Principal Act, omit ", or, if
he or she thinks fit, the presiding member of the
Tribunal,".
33. Enforcement of monetary orders
15 In section 140(1) of the Principal Act--
(a) before "136(a)(ii)" insert "132(4) or";
(b) for "lodged" substitute "registered".
34. Power to dismiss complaint if directions are not
followed
20 After section 154(2) of the Principal Act insert--
"(3) The Tribunal, by order, may dismiss a
complaint if the complainant fails to comply
with a direction of the Tribunal or the
President under this section.".
25 35. Functions of Commission
In section 161(1)(b) of the Principal Act for
"should be conducted" substitute "have been or
are being conducted".
36. New section 182 substituted
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Law and Justice Legislation (Further Amendment) Act 1997
Act No.
For section 182 of the Principal Act substitute--
"182. Constitution of Tribunal
(1) The Tribunal is to be constituted for the
purposes set out in sub-section (2) by--
5 (a) a single member of the Tribunal, who is
a lawyer, nominated by the President;
or
(b) a panel consisting of 2 or 3 members of
the Tribunal nominated by the
10 President, of whom at least one is a
lawyer.
(2) The purposes referred to in sub-section (1)
are--
(a) granting, reviewing or revoking
15 exemptions under section 83;
(b) hearing and determining proceedings
under Part 7 (except section 132);
(c) referring matters to the Commission
under section 156(1);
20 (d) holding inquiries and making orders
under section 159.
(3) If the Tribunal is constituted by a panel--
(a) the President must preside over its
affairs, if he or she is a member of the
25 panel;
(b) if the President is not a member but a
Deputy President is, the Deputy
President (or, if more than one Deputy
President is a member, the Deputy
30 President nominated by the President to
preside) must preside over the affairs of
the panel;
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s. 37
Act No.
(c) if neither the President nor a Deputy
President is a member of the panel, the
President must nominate a member of
the panel to preside over its affairs.".
5 37. Deputy registrars
(1) In section 191 of the Principal Act after "staff"
insert ", including deputy registrars,".
(2) At the end of section 191 of the Principal Act
insert--
10 "(2) A deputy registrar may exercise any of the
powers or perform any of the functions of
the Registrar.".
38. Compliance with conciliation agreements
In section 198 of the Principal Act--
15 (a) in paragraph (b) for "lodged with the
Registrar" substitute "registered by the
President";
(b) in the penalty provision for "lodgement"
substitute "registration".
20 39. New section 222A inserted
After section 222 of the Principal Act insert--
"222A. Transitional
(1) Section 108(1) of the Principal Act, as
amended by section 23 of the Law and
25 Justice Legislation (Further Amendment)
Act 1997, applies to complaints lodged on or
after the commencement of that section 23.
(2) Section 109 of the Principal Act, as amended
by section 24(2) of the Law and Justice
30 Legislation (Further Amendment) Act
1997, applies to applications made on or
after the commencement of that section
24(2).
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s. 40
Act No.
(3) A conciliation agreement lodged with the
Registrar before the commencement of
section 27 of the Law and Justice
Legislation (Further Amendment) Act
5 1997 is deemed, unless the conciliation was
completed before that commencement, to
have been registered by the President.
(4) Section 115 of the Principal Act, as amended
by section 27 of the Law and Justice
10 Legislation (Further Amendment) Act
1997, applies to agreements entered into on
or after the commencement of that section
27.
(5) Section 182 of the Principal Act, as in force
15 before the commencement of section 36 of
the Law and Justice Legislation (Further
Amendment) Act 1997, continues to apply,
despite its substitution by that section 36--
(a) to a referral made, or purported to have
20 been made, by the Tribunal under
section 156 of the Principal Act before
that commencement; and
(b) to appeals or remittals under the
Principal Act in relation to such a
25 referral.".
40. Statute law revision
In the Principal Act--
(a) in section 2, sub-section (2) is repealed;
(b) in section 120(1), for "sucessfully"
30 substitute "successfully";
(c) sections 214, 220, 223, 224 and 225, Part 13
and Schedules 1 and 2 are repealed.
_______________
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Law and Justice Legislation (Further Amendment) Act 1997
s. 41
Act No.
PART 8--FIREARMS ACT 1996
41. Principal Act
In this Part, the Firearms Act 1996 is called the
Principal Act.
5 42. Amendment of section 3--definitions
In section 3(1) of the Principal Act--
(a) insert the following definitions--
' "inter-State permit to acquire" means a
permit (however described) to acquire a
10 firearm issued in a prescribed State or a
prescribed Territory which corresponds
with a permit to acquire;
"prescribed State" means a State which has
been prescribed for the purposes of the
15 definition of inter-State permit to
acquire;
"prescribed Territory" means a Territory
which has been prescribed for the
purposes of the definition of inter-State
20 permit to acquire;';
(b) in the definition of "prohibited person", for
paragraphs (d), (e) and (f) substitute--
"(d) in relation to a person, not more than 12
months have expired since that person
25 was found guilty by a court of--
(i) an offence against this Act, in
relation to which it was open to
the court to impose a term of
imprisonment; or
30 (ii) an offence against any other Act
involving the possession or use of
firearms and in relation to which it
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s. 43
Act No.
was open to the court to impose a
term of imprisonment; or
(iii) an indictable offence; or
(e) any person who is of a prescribed class
5 of persons;".
43. Amendment of section 53--insertion of penalty
At the end of section 53(4) of the Principal Act
insert--
"Penalty: 60 penalty units or 12 months
10 imprisonment.".
44. Amendment of section 94--disposal of firearms by
dealer to inter-State permit holder
After section 94(4)(d) of the Principal Act
insert--
15 "(e) a person who is the holder of an inter-State
permit to acquire a category A or B longarm
where--
(i) that person is acquiring a category A or
B longarm in accordance with the
20 permit; and
(ii) the permit has been issued not more
than 28 days before the acquisition of
the longarm; and
(iii) in order to acquire the longarm, the
25 permit holder personally attends at the
premises where the dealer from whom
the longarm is being acquired carries
on business;
(f) a person who is the holder of an inter-State
30 permit to acquire a category C longarm or a
handgun where--
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s. 45
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(i) that person is acquiring a category C
longarm or a handgun in accordance
with the permit; and
(ii) the permit has been issued not more
5 than 28 days before the acquisition of
the firearm; and
(iii) in order to acquire the firearm, the
permit holder personally attends at the
premises where the dealer from whom
10 the firearm is being acquired carries on
business.".
45. Amendment of section 102--holder of inter-State
permit excepted from offence
After section 102(4) of the Principal Act insert--
15 "(5) Sub-section (1) does not apply to a person--
(a) who is the holder of an inter-State
permit to acquire a category A or B
longarm which has been issued not
more than 28 days before the
20 acquisition of the longarm; and
(b) who is acquiring a category A or B
longarm in accordance with the permit;
and
(c) who, in order to acquire the longarm,
25 personally attends at the premises
where the dealer--
(i) from whom the longarm is being
acquired; or
(ii) who is acting as agent in the
30 transaction--
(as the case requires) carries on
business.
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s. 46
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(6) Sub-section (2) does not apply to a person--
(a) who is the holder of an inter-State
permit to acquire a category C longarm
or a handgun which has been issued not
5 more than 28 days before the
acquisition of the firearm; and
(b) who is acquiring a category C longarm
or a handgun in accordance with the
permit; and
10 (c) who, in order to acquire the firearm,
personally attends at the premises
where the dealer--
(i) from whom the firearm is being
acquired; or
15 (ii) who is acting as agent in the
transaction--
(as the case requires) carries on
business.".
46. Amendment of section 116--notice of removal of
20 firearm from the State
After section 116(2) of the Principal Act insert--
"(3) This section does not apply to a person who
removes a firearm from the State for the
purpose of no longer keeping it in the State
25 where that firearm has been acquired in
accordance with an inter-State permit to
acquire and that firearm has been acquired in
circumstances to which section 102(5) or (6)
applies."
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s. 47
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47. Amendment of Schedule 3--inter-State permit
holders exempt from requirement to hold licence
In Schedule 3 to the Principal Act, after item 11
insert--
5 "
Any person who is the When possessing or
12.
holder of an inter-State carrying the firearm
permit to acquire a for the purposes of
category A, B or C returning to the State
longarm or a handgun, or Territory in which
who has acquired a the permit was issued,
firearm in accordance when carrying the
with this Act and who is licence and when
the holder of a licence acting in accordance
issued in the State or with the licence.
Territory in which the
permit was issued which
authorises the possession
and carriage of the
firearm.
".
_______________
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Law and Justice Legislation (Further Amendment) Act 1997
s. 48
Act No.
PART 9--INSTRUMENTS ACT 1958
48. Repeal of Part IX and related provisions
No. 6279.
(1) Part IX of the Instruments Act 1958 is repealed.
Reprint No. 8
(2) The Ninth Schedule, the Tenth Schedule and the as at 17
August 1995.
5 Eleventh Schedule to the Instruments Act 1958 Further
are repealed. amended by
No. 35/1996.
49. New section 138A inserted
After section 138 of the Instruments Act 1958
insert--
10 "138A. Transitional provision
Despite section 14 of the Interpretation of
Legislation Act 1984, any assignment or
transfer of book debts existing at the
commencement of Part 9 of the Law and
15 Justice Legislation (Further Amendment)
Act 1997 which, before that commencement,
was invalid only because it was not
registered in accordance with Part IX of the
Instruments Act 1958 is deemed to have
20 been registered under Part IX of that Act
immediately before that commencement.".
50. Statute law revision
In the Second Schedule to the Instruments Act
1958, for "THIS WRIT is to be served within one
25 year form" substitute "THIS WRIT is to be
served within one year from".
_______________
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s. 51
Act No.
PART 10--INTERPRETATION OF LEGISLATION ACT 1984
51. New sections 41 and 41AA substituted
For section 41 of the Interpretation of
Legislation Act 1984 substitute--
5 '41. Power to appoint
(1) If an Act or subordinate instrument confers
on a person or body ("the appointer") a
power to appoint a person to an office, the
power, unless the contrary intention appears,
10 includes a power--
(a) to appoint a person to act in the office
until--
(i) a person is appointed to the office;
or
15 (ii) during a vacancy in the office;
(b) to remove a person appointed to the
office;
(c) to suspend a person appointed to the
office and to appoint another person
20 temporarily in the place of the person
so suspended;
(d) if the holder of the office is absent or,
for any other reason, unable to perform
the functions and duties of the office, to
25 appoint a person to act in place of the
holder;
(e) if the holder of the office is, for any
reason, unable to perform a particular
function or duty on a particular
30 occasion or in relation to a particular
matter, to appoint a person to perform
that function or duty on that occasion or
in relation to that matter.
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s. 51
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(2) The following paragraphs apply in relation to
an appointment of a person ("the
appointee") made under sub-section (1)--
(a) the appointer--
5 (i) may determine the terms and
conditions of the appointment,
including remuneration and
allowances (if any);
(ii) may terminate the appointment at
10 any time;
(b) the appointment ceases to have effect if
the appointee resigns in writing
delivered to the appointer;
(c) while the appointee is acting in the
15 office under sub-section (1) (except
paragraph (e)), then, subject to the
terms and conditions of the
appointment--
(i) the appointee has and may
20 exercise all the powers, and shall
perform all the functions and
duties, of the holder of the office;
and
(ii) this or any other Act applies in
25 relation to the appointment as if
the appointee were the holder of
the office;
(d) while the appointee is appointed to
perform a function or duty on a
30 particular occasion or in relation to a
particular matter, then, subject to the
terms and conditions of the
appointment--
(i) the appointee has and may
35 exercise all the powers of the
29
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s. 51
Act No.
holder of the office necessary for
performing that function or duty;
and
(ii) this or any other Act applies in
5 relation to the appointment as if
the appointee were the holder of
the office.
(3) If the power of a person or body to make an
appointment to an office is exercisable only
10 on the recommendation, or subject to the
approval or consent, of some other person or
body, the power to make an appointment to
act in the office, or to remove or suspend, is
only exercisable on the recommendation, or
15 subject to the approval or consent, of that
other person or body, unless the contrary
intention appears.
(4) Despite the substitution of section 41 of this
Act by section 51 of the Law and Justice
20 Legislation (Further Amendment) Act
1997, that section 41, as in force
immediately before the commencement of
that section 51, continues to apply to and in
respect to anything done under that section
25 41 before that commencement.
41AA. Acting appointments
If a provision of an Act (other than section
41 of this Act) or of a subordinate instrument
confers on a person or body ("the
30 appointer") a power to appoint a person
("the appointee") to act in a particular
office, then, except so far as the Act or
subordinate instrument otherwise provides--
(a) the appointment may be expressed to
35 have effect only in the circumstances
specified in the instrument of
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s. 51
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appointment or in relation to a
particular function or duty or on a
particular occasion or in relation to a
particular matter;
5 (b) the appointer--
(i) may determine the terms and
conditions of the appointment,
including remuneration and
allowances (if any);
10 (ii) may terminate the appointment at
any time;
(c) if the office is, or becomes, vacant
while the appointee is acting, the
appointee may, subject to paragraph
15 (a), continue to act until--
(i) the appointer otherwise directs; or
(ii) a person is appointed to the office
or the vacancy is filled--
whichever first occurs;
20 (e) the appointment ceases to have effect if
the appointee resigns in writing
delivered to the appointer;
(f) while the appointee is acting in the
office, then, subject to the terms and
25 conditions of the appointment--
(i) the appointee has and may
exercise--
(A) all the powers, and shall
perform all the functions and
30 duties, of the holder of the
office; or
(B) all the powers of the holder
of the office necessary for
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s. 51
Act No.
performing the particular
function or duty for which
the appointment is made--
as the case requires; and
5 (ii) this or any other Act applies in
relation to the appointment as if
the appointee were the holder of
the office.'.
_______________
10
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Law and Justice Legislation (Further Amendment) Act 1997
s. 52
Act No.
PART 11--MAGISTRATES' COURT ACT 1989
52. Amendment of Magistrates' Court Act 1989
No. 51/1989.
At the end of section 82F of the Magistrates'
Reprint No. 4
Court Act 1989 insert-- as at 1 August
1997. Further
5 "(2) Despite anything to the contrary in section amended by
42 of the Supreme Court Act 1986, the Nos 63/1995,
66/1996,
person executing in accordance with section 4/1997,
82D(1)(b) a penalty enforcement warrant or 26/1997, and
48/1997.
warrants in respect of which the period
10 referred to in clause 8(3) of Schedule 7 has
expired may, with the signed written consent
of the person against whom the warrant is or
warrants are issued, seize or take in the
execution of it or them personal property that
15 is used by that person primarily as a means
of transport and that could not, but for this
sub-section, be seized or taken because of
section 42 of the Supreme Court Act 1986.
(3) A consent given by a person under sub-
20 section (2) is only effective if--
(a) it is given after the delivery to the
person by a person authorised to
execute the warrant or warrants of a
statement in writing in the prescribed
25 form setting out the effect of giving the
consent; and
(b) a copy of the signed written consent has
been delivered to the person giving the
consent.
30 (4) If personal property referred to in sub-
section (2) is seized or taken in execution of
a penalty enforcement warrant or warrants in
accordance with that sub-section, the
proceeds of sale of the property must be
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s. 52
Act No.
applied towards the sums named in the
warrant or warrants together with all lawful
costs of execution and any amount remaining
after those sums and costs have been paid
5 must be paid to the person against whom the
warrant was, or warrants were, issued and
not applied to satisfy any other unexecuted
warrant issued against that person
irrespective of when, and of the purpose for
10 which, it was issued.".
_______________
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Law and Justice Legislation (Further Amendment) Act 1997
s. 53
Act No.
PART 12--SUPREME COURT ACT 1986
53. Amendment of Supreme Court Act 1986
No. 110/1986.
In section 42(1) and (2)(b) of the Supreme Court
Reprint No. 2
Act 1986, for "and (c)" substitute ", (c) and (ca)". as at
1 February
1997.
Subsequently
amended by
No. 4/1997.
5
35
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Law and Justice Legislation (Further Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
36
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Act No.
37
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