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PARLIAMENT OF VICTORIA
Licensing and Tribunal (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
PART 2--CO-OPERATIVES ACT 1996 3
3. Definitions 3
4. New Division 7 of Part 2 substituted 3
Division 7--Reviews 3
29. Review of refusal to approve disclosure statement 3
30. Review of refusal to approve draft rules 3
31. Review of refusal to register 4
32. Time limit for applying for review 4
5. New sections 116, 117 and 118 substituted 4
116. Review of refusal to approve alteration 5
117. Review of refusal to register 5
118. Time limit for applying for review 5
PART 3--DOMESTIC BUILDING CONTRACTS ACT 1995 6
6. Orders of Tribunal 6
7. Domestic Builders Fund 6
PART 4--MOTOR CAR TRADERS ACT 1986 8
8. Insolvency amendments 8
9. Offence of selling without roadworthy certificate 9
PART 5--PROSTITUTION CONTROL ACT 1994 10
10. Definition of insolvent under administration 10
11. Functions of Director of Fair Trading 11
i
532146B.I1-21/10/98
Clause Page
PART 6--SECOND-HAND DEALERS AND PAWNBROKERS
ACT 1989 12
12. Definitions 12
13. New section 6 substituted 13
6. Eligibility for registration 13
14. Tribunal review 15
15. New section 10 substituted and new sections 10A and 10B
inserted 15
10. Automatic cancellation of registration 15
10A. Permission to be registered or to continue to be
registered 17
10B. Conditions on permission 19
PART 7--SMALL CLAIMS ACT 1973 20
16. Definitions and application 20
17. Applications and exclusion of jurisdiction 20
18. New section 17 inserted 21
17. More appropriate forum 21
19. Tribunal orders 21
20. Supreme Court--limitation of jurisdiction 22
PART 8--TRIBUNALS AND LICENSING AUTHORITIES
(MISCELLANEOUS AMENDMENTS) ACT 1998 23
21. Miscellaneous amendments 23
22. Amendments to Schedule 1 23
PART 9--VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL ACT 1998 25
23. Miscellaneous amendments 25
PART 10--AMENDMENT OF OTHER ACTS CONSEQUENTIAL
ON ESTABLISHMENT OF VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL 26
24. Associations Incorporation Act 1981 26
25. Chiropractors Registration Act 1996 26
26. Landlord and Tenant Act 1958 28
27. Planning and Environment Act 1987 31
28. Private Agents Act 1966 31
29. Public Sector Superannuation (Administration) Act 1993 32
30. Rail Corporations (Amendment) Act 1997 32
31. Proposed new section 228R substituted 33
228R. Tribunal reviews 33
32. Residential Tenancies Act 1997 34
ii
532146B.I1-21/10/98
Clause Page
33. Transport Accident Act 1986 34
34. Veterinary Practice Act 1997 34
PART 11--AMENDMENT OF OTHER LICENSING ACTS 35
35. Consumer Credit (Finance Brokers) Act 1998 35
36. Consumer Credit (Victoria) Act 1995 35
37. Estate Agents Act 1980 36
38. Introduction Agents Act 1997 37
39. Travel Agents Act 1986 39
NOTES 41
iii
532146B.I1-21/10/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Co-operatives Act 1996, the Domestic Building
Contracts Act 1995, the Motor Car Traders Act 1986, the
Prostitution Control Act 1994, the Second-Hand Dealers and
Pawnbrokers Act 1989, the Small Claims Act 1973, the Tribunals
and Licensing Authorities (Miscellaneous Amendments) Act 1998,
the Victorian Civil and Administrative Tribunal Act 1998 and
other Acts and for other purposes.
Licensing and Tribunal (Amendment)
Act 1998
The Parliament of Victoria enacts as follows:
1
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 1
Act No.
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the
Co-operatives Act 1996, the Domestic Building
5 Contracts Act 1995, the Motor Car Traders Act
1986, the Prostitution Control Act 1994, the
Second-Hand Dealers and Pawnbrokers Act
1989, the Small Claims Act 1973, the Tribunals
and Licensing Authorities (Miscellaneous
10 Amendments) Act 1998, the Victorian Civil and
Administrative Tribunal Act 1998 and other
Acts.
2. Commencement
(1) This Part and Part 2 come into operation on the
15 day on which this Act receives the Royal Assent.
(2) Part 8 and section 37(3) are deemed to have come
into operation on 1 July 1998.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
20 day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 July 1999 it
comes into operation on that day.
_______________
25
2
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 3
Act No.
PART 2--CO-OPERATIVES ACT 1996
No. 84/1996
3. Definitions as amended
by Nos
(1) In section 4(1) of the Co-operatives Act 1996-- 43/1997,
93/1997 and
(a) the definition of "Administrative Appeals 46/1998.
5 Tribunal" is repealed;
(b) after the definition of "trading co-operative"
insert--
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by
10 the Victorian Civil and
Administrative Tribunal Act 1998;'.
(2) In section 4(1) of the Co-operatives Act 1996, in
the definition of "foreign co-operative" for
paragraph (a) substitute--
15 "(a) a body incorporated under the Corporations
Law; or".
4. New Division 7 of Part 2 substituted
For Division 7 of Part 2 of the Co-operatives Act
1996 substitute--
20 "Division 7--Reviews
29. Review of refusal to approve disclosure
statement
The person who submitted a draft disclosure
statement to the Registrar under this Act may
25 apply to the Tribunal for review of--
(a) a decision of the Registrar to refuse to
approve the statement; or
(b) a failure of the Registrar to approve the
statement.
30 30. Review of refusal to approve draft rules
3
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 4
5
Act No.
The person who submitted draft rules to the
Registrar under this Act may apply to the
Tribunal for review of--
(a) a decision of the Registrar to refuse to
5 approve the rules; or
(b) a failure of the Registrar to approve the
rules.
31. Review of refusal to register
The applicants for registration of a proposed
10 co-operative under this Part may apply to the
Tribunal for review of--
(a) a decision of the Registrar to refuse to
register the co-operative; or
(b) a failure of the Registrar to register the
15 co-operative.
32. Time limit for applying for review
An application for review under this
Division must be made within 28 days after
the later of--
20 (a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the applicant for review requests a
statement of reasons for the decision,
25 the day on which the statement of
reasons is given to the applicant or they
are informed under section 46(5) of that
Act that a statement of reasons will not
be given.".
30 5. New sections 116, 117 and 118 substituted
4
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
Act No.
For sections 116, 117 and 118 of the
Co-operatives Act 1996 substitute--
"116. Review of refusal to approve alteration
A co-operative may apply to the Tribunal for
5 review of--
(a) a decision of the Registrar to refuse to
approve an alteration of its rules; or
(b) a failure of the Registrar to approve an
alteration of its rules.
10 117. Review of refusal to register
A co-operative may apply to the Tribunal for
review of--
(a) a decision of the Registrar to refuse to
register an alteration of its rules; or
15 (b) a failure of the Registrar to register an
alteration of its rules.
118. Time limit for applying for review
An application for review under section 116
or 117 must be made within 28 days after the
20 later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the co-operative requests a statement of
25 reasons for the decision, the day on
which the statement of reasons is given
to the co-operative or it is informed
under section 46(5) of that Act that a
statement of reasons will not be
30 given.".
_______________
5
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 6
Act No.
PART 3--DOMESTIC BUILDING CONTRACTS ACT 1995
No. 91/1995. 6. Orders of Tribunal
Reprint No. 3
After section 53(2)(b) of the Domestic Building
as at 1 July
1998.
Contracts Act 1995 insert--
5 "(ba) order the payment of a sum of money
representing a part payment under a major
domestic building contract if--
(i) the requirement in paragraph (b) of
section 42 has been met but the
10 requirement in paragraph (a) of that
section has not; and
(ii) the Tribunal is satisfied that the work
required to complete the contract
(including rectifying any defects) is
15 minor in nature and not such as would
prevent the owner from occupation and
quiet enjoyment of the building;
(bb) order payment of a sum of money
representing the amount of any money in
20 dispute (including an amount on account of
costs) to be paid into the Domestic Builders
Fund pending the resolution of the dispute;
(bc) order payment of a sum of money to be paid
out of the Domestic Builders Fund
25 representing the amount of any sum paid into
the Domestic Builders Fund in accordance
with an order under paragraph (bb);".
7. Domestic Builders Fund
In section 124 of the Domestic Building
30 Contracts Act 1995--
6
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 7
Act No.
(a) after sub-section (2)(d) insert--
"(da) money ordered by the Tribunal to be
paid into the Fund; and";
(b) after sub-section (3)(b) insert--
5 "(ba) money ordered by the Tribunal to be
paid out of the Fund; and".
_______________
7
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 8
Act No.
PART 4--MOTOR CAR TRADERS ACT 1986
No. 104/1986. 8. Insolvency amendments
Reprint No. 3
(1) In section 4 of the Motor Car Traders Act
as at 1 July
1998.
1986--
5 (a) after the definition of "exempt vehicle"
insert--
' "externally-administered body
corporate" has the same meaning as in
the Corporations Law;';
10 (b) for the definition of "insolvent under
administration" substitute--
' "insolvent under administration"
means--
(a) a person who is an undischarged
15 bankrupt; or
(b) a person for whom a debt
agreement has been made under
Part IX of the Bankruptcy Act
1966 of the Commonwealth (or
20 the corresponding provisions of
the law of another jurisdiction) if
the debt agreement has not ended
or has not been terminated; or
(c) a person who has executed a deed
25 of arrangement under Part X of
the Bankruptcy Act 1966 of the
Commonwealth (or the
corresponding provisions of the
law of another jurisdiction) if the
30 terms of the deed have not been
fully complied with; or
(d) a person whose creditors have
accepted a composition under
8
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 9
Act No.
Part X of the Bankruptcy Act
1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
5 a final payment has not been made
under that composition;'.
(2) In the Motor Car Traders Act 1986--
(a) in section 13(6)(ba) for "externally
administered corporation" substitute
10 "externally-administered body corporate";
(b) in sections 28(1)(b) and 33(1)(d) omit
"within the meaning of the Corporations
Law".
9. Offence of selling without roadworthy certificate
15 In section 42A of the Motor Car Traders Act
1986 for sub-section (1) substitute--
"(1) A person must not sell a motor car that is
registered under the Road Safety Act 1986
unless--
20 (a) the person gives the buyer of the car a
current certificate of roadworthiness in
relation to the car; or
(b) if the person is required under the Road
Safety Act 1986 or regulations under
25 that Act to send a current certificate of
roadworthiness in relation to the car to
the Roads Corporation, the person
gives the buyer a copy of that
certificate.
30 Penalty: 50 penalty units.".
_______________
9
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 10
Act No.
PART 5--PROSTITUTION CONTROL ACT 1994
No. 102/1994. 10. Definition of insolvent under administration
Reprint No. 3
(1) In section 3 of the Prostitution Control Act
as at 1 July
1998.
1994, after the definition of "hospital" insert--
5 ' "insolvent under administration" means--
(a) a person who is an undischarged
bankrupt; or
(b) a person for whom a debt agreement
has been made under Part IX of the
10 Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if the debt agreement has
not ended or has not been terminated;
15 or
(c) a person who has executed a deed of
arrangement under Part X of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
20 provisions of the law of another
jurisdiction) if the terms of the deed
have not been fully complied with; or
(d) a person whose creditors have accepted
a composition under Part X of the
25 Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if a final payment has not
been made under that composition;'.
30 (2) After section 37(3) of the Prostitution Control
Act 1994 insert--
'(4) Sub-section (1)(f) applies to a person who is
an insolvent under administration within the
10
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 11
Act No.
meaning of paragraph (b) of the definition of
"insolvent under administration" in section 3
only if the person became an insolvent under
administration within the meaning of that
5 paragraph on or after the commencement of
section 10 of the Licensing and Tribunal
(Amendment) Act 1998.'.
11. Functions of Director of Fair Trading
(1) After section 26(c) of the Prostitution Control
10 Act 1994 insert--
"(d) any other functions conferred on him or her
by or under this Act.".
(2) In section 36 of the Prostitution Control Act
1994 for sub-section (5) substitute--
15 "(5) The Director of Fair Trading may report to
the Authority on any matter he or she
considers relevant in respect of an
application for a licence.
(6) A report under sub-section (4) or (5) may
20 include recommendations.".
(3) In the Prostitution Control Act 1994--
(a) in section 40(2)(c) after "police force" insert
"or the Director of Fair Trading";
(b) in sections 47(3) and 48(1) before "Chief
25 Commissioner" insert "Director of Fair
Trading, the";
(c) in section 53(3) before "Chief
Commissioner" insert "Director of Fair
Trading or the";
30 (d) in sections 54(1) before "Chief
Commissioner" insert "Director of Fair
Trading, the".
_______________
11
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 12
Act No.
PART 6--SECOND-HAND DEALERS AND PAWNBROKERS
ACT 1989
No. 54/1989. 12. Definitions
Reprint No. 3
In section 3(1) of the Second-Hand Dealers and
as at 1 July
1998.
5 Pawnbrokers Act 1989--
(a) for paragraph (a) of the definition of
"associate" substitute--
"(a) a spouse or de facto spouse of the
person, other than a spouse or de facto
10 spouse--
(i) who is not, and has never been,
involved in the person's business
as a second-hand dealer or
pawnbroker; or
15 (ii) who will not be involved in the
person's proposed business as a
second-hand dealer or
pawnbroker; or";
(b) for the definition of "externally-administered
20 corporation" substitute--
' "externally-administered body
corporate" has the same meaning as in
the Corporations Law;';
(c) for the definition of "insolvent under
25 administration" substitute--
' "insolvent under administration"
means--
(a) a person who is an undischarged
bankrupt; or
30 (b) a person for whom a debt
agreement has been made under
Part IX of the Bankruptcy Act
12
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 13
Act No.
1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
the debt agreement has not ended
5 or has not been terminated; or
(c) a person who has executed a deed
of arrangement under Part X of
the Bankruptcy Act 1966 of the
Commonwealth (or the
10 corresponding provisions of the
law of another jurisdiction) if the
terms of the deed have not been
fully complied with; or
(d) a person whose creditors have
15 accepted a composition under
Part X of the Bankruptcy Act
1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
20 a final payment has not been made
under that composition;'.
13. New section 6 substituted
For section 6 of the Second-Hand Dealers and
Pawnbrokers Act 1989 substitute--
25 "6. Eligibility for registration
(1) A person is not eligible to be registered
under this Part if--
(a) the person or, if the person is a body
corporate, a director of the person, is a
30 represented person within the meaning
of the Guardianship and
Administration Act 1986; or
(b) the person is an insolvent under
administration or an externally-
35 administered body corporate.
13
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 13
Act No.
(2) Unless a person obtains the Authority's
permission under section 10A, the person is
not eligible to be registered under this Part
if--
5 (a) the person or an associate of the person
or, if the person is a body corporate, a
director or an associate of a director of
the person has, within the preceding
5 years in Australia or elsewhere, been
10 convicted or found guilty of a
disqualifying offence; or
(b) the person or an associate of the person
or, if the person is a body corporate, a
director or an associate of a director of
15 the person has carried on any
occupation, profession or business that
is regulated under any enactment of
Victoria or of the Commonwealth or of
another State or a Territory of Australia
20 and under that enactment--
(i) the person's licence, registration
or permission to carry on that
occupation, profession or business
is suspended; or
25 (ii) the person's licence, registration
or permission to carry on that
occupation, profession or business
has been cancelled at any time in
the preceding 5 years; or
30 (iii) the person is disqualified from
carrying on that occupation,
profession or business or has been
so disqualified at any time in the
preceding 5 years; or
35 (c) an associate of the person or, if the
person is a body corporate, a director or
14
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 14
Act No.
an associate of a director of the person
is an insolvent under administration or
an externally-administered body
corporate.".
5 14. Tribunal review
In section 9B of the Second-Hand Dealers and
Pawnbrokers Act 1989 for sub-section (1)
substitute--
"(1) A person whose interests are affected by a
10 decision of the Authority--
(a) in respect of an application for
registration under this Part; or
(b) in respect of an application for
permission under section 10A; or
15 (c) to impose, vary or revoke a condition of
a permission--
may apply to the Tribunal for review of the
decision.".
15. New section 10 substituted and new sections 10A and
20 10B inserted
For section 10 of the Second-Hand Dealers and
Pawnbrokers Act 1989 substitute--
"10. Automatic cancellation of registration
(1) A person's registration under this Part is
25 automatically cancelled if--
(a) the person or, if the person is a body
corporate, a director of the person,
becomes a represented person within
the meaning of the Guardianship and
30 Administration Act 1986; or
(b) the person becomes an insolvent under
administration or an externally-
administered body corporate.
15
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 15
Act No.
(2) Subject to sub-section (4), a person's
registration under this Part is automatically
cancelled 30 days after--
(a) the person or an associate of the person
5 or, if the person is a body corporate, a
director or an associate of a director of
the person is convicted or found guilty
of a disqualifying offence; or
(b) the person or an associate of the person
10 or, if the person is a body corporate, a
director or an associate of a director of
the person--
(i) carries on any occupation,
profession or business that is
15 regulated under any enactment of
Victoria or of the Commonwealth
or of another State or a Territory
of Australia; and
(ii) under that enactment has a
20 licence, registration or permission
to carry on that occupation,
profession or business suspended
or cancelled or is otherwise
disqualified from carrying on that
25 profession, occupation or
business; or
(c) an associate of the person or, if the
person is a body corporate, a director or
an associate of a director of the person
30 becomes an insolvent under
administration or an externally-
administered body corporate.
(3) For the purposes of sub-section (2)(a), a
conviction or finding of guilt takes effect at
35 the conclusion of the proceedings, whether
16
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 15
Act No.
on appeal or otherwise, or at the end of any
appeal period, whichever is the later.
(4) If a person whose registration would
otherwise be cancelled by sub-section (2)
5 applies for permission under section 10A
within the 30 day period referred to in that
sub-section, the person's registration is only
automatically cancelled if the application is
withdrawn or refused by the Authority.
10 10A. Permission to be registered or to continue
to be registered
(1) A person who would otherwise be ineligible
to be registered because of section 6(2) may
apply to the Authority for permission to be
15 registered.
(2) A person whose registration would otherwise
be cancelled by section 10(2) may apply to
the Authority for permission to continue to
be registered.
20 (3) An application for permission must be--
(a) in a form approved by the Authority;
and
(b) accompanied by a fee of $150 or any
other fee that is prescribed.
25 (4) The Authority may give its permission if it is
satisfied--
(a) that it is not contrary to the public
interest for it to do so; and
(b) if the person is ineligible for
30 registration, or would have their
registration cancelled, by reason of a
suspension, cancellation or
disqualification in respect of an
occupation, profession or business, that
17
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 15
Act No.
special circumstances led to the
suspension, cancellation or
disqualification; and
(c) if the person is ineligible for
5 registration, or would have their
registration cancelled, by reason of a
conviction or finding of guilt of a
disqualifying offence, that--
(i) the offence was not related to
10 conduct carried out by the
person--
(A) while engaging in the
business of a second-hand
dealer or pawnbroker; or
15 (B) as a director of a body
corporate that engages in the
business of a second-hand
dealer or pawnbroker; and
(ii) special circumstances led to the
20 offence.
(5) In considering an application under this
section, the Authority may--
(a) conduct any inquiries it thinks fit;
(b) require the applicant to provide any
25 further information that the Authority
thinks fit in the manner required by the
Authority;
(c) seek advice and information on the
application from any other person or
30 body as it thinks fit.
(6) The Authority may refuse to give permission
if the applicant does not provide the further
information required within a reasonable
time of the requirement being made.
18
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 15
Act No.
(7) The Authority is not required to conduct a
hearing to determine whether or not to give
permission.
10B. Conditions on permission
5 (1) In giving permission under section 10A, the
Authority may impose any conditions it
considers appropriate to ensure the ongoing
protection of the public interest.
(2) The Authority may at any time impose
10 conditions in respect of the permission or
vary or revoke any conditions previously
imposed.
(3) A person to whom permission has been
given must comply with any conditions
15 imposed in respect of the permission.
Penalty: 100 penalty units.".
_______________
19
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 16
Act No.
PART 7--SMALL CLAIMS ACT 1973
No. 8486. 16. Definitions and application
Reprint No. 5
(1) In section 2(1) of the Small Claims Act 1973--
as at 1 July
1998.
(a) in the definitions of "applicant" and "small
5 claim" for "consumer" substitute
"customer";
(b) after the definition of "contract of insurance"
insert--
' "customer" means a person--
10 (a) who buys or hires goods; or
(b) to whom services are provided for
fee or reward; or
(c) who enters a contract of insurance
as the insured party;';
15 (c) the definitions of "consumer" and
"residential corporation" are repealed.
(2) In section 2(3B) of the Small Claims Act 1973
after "Tribunal" insert "or the Tribunal".
17. Applications and exclusion of jurisdiction
20 In the Small Claims Act 1973--
(a) in sections 14 and 16(1) for "consumer"
(wherever occurring) substitute "customer";
(b) at the end of section 16(1)(b) insert--
"; or
25 (c) the Tribunal refers the proceeding to
that court or tribunal under section 77
of the Victorian Civil and
Administrative Tribunal Act 1998.".
20
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 18
Act No.
18. New section 17 inserted
After section 16 of the Small Claims Act 1973
insert--
"17. More appropriate forum
5 (1) If a proceeding in respect of a small claim is
brought in a court, the court may stay the
proceeding on application by the defendant,
if--
(a) the court is satisfied that the subject
10 matter of the proceeding would be more
appropriately dealt with by the
Tribunal; and
(b) having regard to the likely costs and
duration of the proceeding and any
15 other matters the court considers
relevant, the court is satisfied that the
interests of the plaintiff would not be
materially disadvantaged by granting
the stay.
20 (2) An application under sub-section (1) must be
made before the defendant files a defence in
the proceeding.".
19. Tribunal orders
(1) In section 18(a) and (b) of the Small Claims Act
25 1973 omit "(other than the applicant)".
(2) At the end of section 19 of the Small Claims Act
1973 insert--
"(2) Sub-section (1) does not apply to an order of
the Tribunal in a proceeding if the parties to
30 the proceeding otherwise consent in
writing.".
21
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 20
Act No.
20. Supreme Court--limitation of jurisdiction
Section 39A of the Small Claims Act 1973 is
repealed.
_______________
5
22
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 21
Act No.
PART 8--TRIBUNALS AND LICENSING AUTHORITIES
(MISCELLANEOUS AMENDMENTS) ACT 1998
No. 52/1998.
21. Miscellaneous amendments
In the Tribunals and Licensing Authorities
5 (Miscellaneous Amendments) Act 1998--
(a) in section 12, in new section 27(2) omit
"licence";
(b) in section 15--
(i) in new section 30(3)(d) after "1984"
10 insert "or an undertaking given by a
credit provider under section 26 of this
Act";
(ii) in new section 30(4)(b) for "Credit
Fund" substitute "Consumer Credit
15 Fund";
(c) in section 218, sub-section (2) is repealed;
(d) in section 309, in new section 22(2)(b) for
"made" substitute "lodged".
22. Amendments to Schedule 1
20 (1) In Schedule 1 to the Tribunals and Licensing
Authorities (Miscellaneous Amendments) Act
1998--
(a) in item 1.12 for "paragraph" substitute "sub-
sections";
25 (b) in item 2.3--
(i) for "(6)" substitute "(5)";
(ii) for "(7)" substitute "(6)";
(c) in item 16.2 for "(5)" (where first occurring)
substitute "(4A)";
23
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 22
Act No.
(d) in item 26, in paragraph (a), for "After
section 2(3B)" substitute "At the end of
section 2";
(e) in item 29.5 for "(5)" (where first occurring)
5 substitute "(4A)";
(f) in item 38.3 for "(6)" substitute "(5A)";
(g) in item 47.6 for "dispute" substitute
"disputed";
(h) in item 47.9, in new section 85(1) omit
10 "that";
(i) item 56 is repealed;
(j) in item 64.10 for "(5)" (where first
occurring) substitute "(4A)";
(k) in item 73.4 for "(3)" substitute "(4)";
15 (l) in item 80.3 for "33" substitute "32";
(m) for item 88.1 substitute--
"88.1 In section 112(3) for "tax" substitute "assess";
(n) in item 95.5(c) after ' "under this section" '
insert "(where twice occurring)";
20 (o) in item 96.15 for "sections 162(2)(g) and
166(3)(f)" substitute "section 162(2)(g)";
(p) in item 105.4 for paragraph (a) substitute--
'(a) in sub-section (1)--
(i) for "Administrative Appeals Tribunal"
25 substitute "Tribunal";
(ii) omit "and section 74(1) of the Water
Industry Act 1994";';
(q) in item 105.45 omit "in accordance with
Part III".
30 _______________
24
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 23
Act No.
PART 9--VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL ACT 1998
No. 53/1998.
23. Miscellaneous amendments
In the Victorian Civil and Administrative
5 Tribunal Act 1998--
(a) in section 72--
(i) in sub-section (2)(b) omit
"presidential";
(ii) in sub-section (3) for "presidential
10 member" substitute "member who is a
legal practitioner";
(iii) in sub-section (4) omit "presidential";
(b) in Schedule 1--
(i) in clause 2, in paragraph (g) of the
15 definition of "planning enactment",
after "sections" insert "36,";
(ii) in clause 31(1) for "Section 64(2)"
substitute "Section 64(2)(a)".
_______________
20
25
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 24
Act No.
PART 10--AMENDMENT OF OTHER ACTS
CONSEQUENTIAL ON ESTABLISHMENT OF VICTORIAN
CIVIL AND ADMINISTRATIVE TRIBUNAL
No. 9713. 24. Associations Incorporation Act 1981
Reprint No. 4
5 (1) In section 3(1) of the Associations Incorporation
as at 1 July
1998.
Act 1981--
(a) the definition of "Administrative Appeals
Tribunal" is repealed;
(b) after the definition of "transparency"
10 insert--
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.
15 (2) In the Associations Incorporation Act 1981--
(a) in sections 7(4) and 10(4C), for "appeal to
the Administrative Appeals Tribunal against
the decision" substitute "apply to the
Tribunal for review of the decision";
20 (b) in section 31AB--
(i) in sub-section (4) for "appeal to the
Administrative Appeals Tribunal
against" substitute "apply to the
Tribunal for review of";
25 (ii) in sub-section (5) for "appeal must be
lodged" substitute "application for
review must be made";
(iii) sub-section (6) is repealed.
No. 63/1996 25. Chiropractors Registration Act 1996
as amended
by Nos
30 (1) In the Chiropractors Registration Act 1996--
12/1998 and
46/1998.
26
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
Act No.
(a) in section 3 the definition of "Administrative
Appeals Tribunal" is repealed;
(b) in the heading to Part 4 for
"ADMINISTRATIVE APPEALS
5 TRIBUNAL" substitute "VICTORIAN
CIVIL AND ADMINISTRATIVE
TRIBUNAL";
(c) in section 56--
(i) in sub-section (1) for "Without limiting
10 section 27 of the Administrative
Appeals Tribunal Act 1984 a person
may apply to the Administrative
Appeals Tribunal" substitute "A
person may apply to the Victorian Civil
15 and Administrative Tribunal";
(ii) in sub-section (2) after "decision"
insert ", finding".
(2) In section 56 of the Chiropractors Registration
Act 1996 for sub-section (3) substitute--
20 "(3) If a finding has been made at a formal
hearing under Part 3 but no final
determination has been made at that hearing,
an application for review under this section
can only be made with the leave of the
25 Tribunal.".
(3) In section 57 of the Chiropractors Registration
Act 1996--
(a) for "Administrative Appeals Tribunal"
(where first occurring) substitute "Victorian
30 Civil and Administrative Tribunal";
(b) for "Administrative Appeals Tribunal"
(where secondly occurring) substitute
"Tribunal".
27
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 26
Act No.
26. Landlord and Tenant Act 1958
No. 6285.
Reprint No. 7
(1) In section 43(1) of the Landlord and Tenant Act
as at 14 July
1958--
1997. Further
amended by
(a) in the definition of "Board" omit "and
Nos 109/1997
and 46/1998.
5 includes the Residential Tenancies
Tribunal";
(b) after the definition of "tax" insert--
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by
10 the Victorian Civil and
Administrative Tribunal Act 1998;'.
(2) In section 51A of the Landlord and Tenant Act
1958 for sub-section (1) substitute--
"(1) A function or power of a Board under this
15 Division may be performed or exercised by
the Tribunal.".
(3) In section 51A(2) of the Landlord and Tenant
Act 1958 for "Residential Tenancies Tribunal"
substitute "Tribunal".
20 (4) In section 82(3) of the Landlord and Tenant Act
1958--
(a) for "take proceedings in any court of
competent jurisdiction" substitute "apply to
the Tribunal";
25 (b) for "taking the proceedings" substitute
"making the application";
(5) In section 82 of the Landlord and Tenant Act
1958 for sub-section (3A) substitute--
"(3A) For the purposes of an application under sub-
30 section (3), the Tribunal may exercise any
powers conferred on it by Part 11 of the
Residential Tenancies Act 1997 to the
28
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 26
Act No.
extent that those powers are consistent with
this Division.".
(6) In the Landlord and Tenant Act 1958--
(a) in section 82 sub-sections (3B) and (5) are
5 repealed;
(b) in section 82(4) for paragraph (c)
substitute--
"(c) by substituted service in accordance
with an order of the Tribunal--";
10 (c) in section 86(2) and 87(2) for "court"
(wherever occurring) substitute "Tribunal";
(d) in section 88(1)--
(i) after "any court" insert "or in the
Tribunal";
15 (ii) after "the court" (where twice
occurring) insert "or the Tribunal";
(iii) for "a court of competent jurisdiction"
substitute "the Tribunal".
(e) in section 88(2) for "a court" substitute "the
20 Tribunal";
(f) after section 88 omit "Competent Courts";
(g) section 89 is repealed;
(h) in section 92--
(i) for "proceedings" substitute
25 "application";
(ii) for "the court" (wherever occurring)
substitute "the Tribunal";
(i) in section 93 for "the court" (wherever
occurring) substitute "the Tribunal";
30 (j) section 94 is repealed;
29
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 26
Act No.
(k) in section 95 for "the court" (wherever
occurring) substitute "the Tribunal";
(l) in section 96--
(i) in sub-section (1) for "proper officer of
5 the court" substitute "principal
registrar of the Tribunal";
(ii) in sub-section (1) for "the court" (where
secondly occurring) substitute "the
Tribunal";
10 (iii) in sub-sections (2) and (3) for "the
court" (wherever occurring) substitute
"the Tribunal";
(m) section 98 is repealed;
(n) in section 99 omit "an order made under this
15 Division or";
(o) in section 100--
(i) for "the court which made the order"
substitute "the Tribunal";
(ii) for "the court" (where secondly
20 occurring) substitute "the Tribunal";
(iii) for "judgment of the court" substitute
"order of the Tribunal";
(p) in section 101--
(i) in sub-section (1) after "appropriate
25 court" insert "or tribunal";
(ii) in sub-section (4) for "the appropriate
court" substitute "the appropriate
court or tribunal";
(iii) in sub-section (4)(a) for "a court"
30 substitute "the Tribunal";
(iv) in sub-section (4)(a) for "that court"
substitute "the Tribunal";
30
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 27
Act No.
(q) section 102 is repealed;
(r) in section 107(1) for "the court" substitute
"the Tribunal".
No. 45/1987.
27. Planning and Environment Act 1987
Reprint No. 5
5 In section 82B(4) of the Planning and as at 1 July
1998.
Environment Act 1987 for "appeal" substitute
"apply for review".
No. 7494.
28. Private Agents Act 1966
Reprint No. 7
(1) In section 42A of the Private Agents Act 1966 as at
19 February
10 for sub-section (1) substitute-- 1998. Further
amended by
"(1) A person whose interests are affected by a No. 46/1998.
decision of the registrar under section 19G or
19K may apply to the Victorian Civil and
Administrative Tribunal for review of the
15 decision.
(1A) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
20 Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
25 under section 46(5) of that Act that a
statement of reasons will not be
given.".
(2) In section 42A(2) of the Private Agents Act 1966
for "Administrative Appeals Tribunal" substitute
30 "Victorian Civil and Administrative Tribunal".
31
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 30
Act No.
29. Public Sector Superannuation (Administration) Act
No. 110/1993.
1993
Reprint No. 1
as at
In section 45 of the Public Sector
20 February
1998. Further
Superannuation (Administration) Act 1993 for
amended by
5 sub-section (2) substitute--
Nos 50/1997,
43/1998,
"(2) A person whose interests are affected by a
46/1998 and
52/1998.
decision of the Board may apply to the
Victorian Civil and Administrative Tribunal
for review of the decision.
10 (3) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
15 the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
20 statement of reasons will not be
given.".
No. 104/1997. 30. Rail Corporations (Amendment) Act 1997
In section 36 of the Rail Corporations
(Amendment) Act 1997, in proposed new section
25 221A for sub-section (9) substitute--
"(9) An authorized person may apply to the
Tribunal for review of a decision of the
Secretary under sub-section (7) to revoke his
or her authorisation.
30 (10) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
32
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 31
Act No.
the authorized person requests a
statement of reasons for the decision,
the day on which the statement of
reasons is given to the authorized
5 person or the authorized person is
informed under section 46(5) of that
Act that a statement of reasons will not
be given.".
31. Proposed new section 228R substituted
10 In section 37 of the Rail Corporations
(Amendment) Act 1997, for proposed new
section 228R substitute--
"228R. Tribunal reviews
(1) A passenger transport company may apply to
15 the Tribunal for review of a decision of the
Secretary under this Division in relation to--
(a) an application for accreditation or
renewal of accreditation; or
(b) an accreditation; or
20 (c) a passenger transport company that is,
or has been, accredited under this
Division.
(2) An application for review must be made
within 28 days after the later of--
25 (a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the passenger transport company
requests a statement of reasons for the
30 decision, the day on which the
statement of reasons is given to the
passenger transport company or it is
informed under section 46(5) of that
33
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 33
Act No.
Act that a statement of reasons will not
be given.".
No. 109/1997. 32. Residential Tenancies Act 1997
Reprint No. 1
In section 330(1)(c) of the Residential Tenancies
as at 1 July
1998.
5 Act 1997 for "section 327" substitute "section 72
of the Victorian Civil and Administrative
Tribunal Act 1998".
No. 111/1986. 33. Transport Accident Act 1986
Reprint No. 5
In section 77 of the Transport Accident Act
as at 19 May
1998. Further
10 1986 sub-section (2A) is repealed.
amended by
Nos 46/1998
and 52/1998.
No. 58/1997 34. Veterinary Practice Act 1997
as amended
by Nos
In the Veterinary Practice Act 1997--
46/1998 and
52/1998.
(a) in section 3 the definition of "Administrative
Appeals Tribunal" is repealed;
15 (b) in the heading to Part 4 for
"ADMINISTRATIVE APPEALS
TRIBUNAL" substitute "VICTORIAN
CIVIL AND ADMINISTRATIVE
TRIBUNAL".
20 _______________
34
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 35
Act No.
PART 11--AMENDMENT OF OTHER LICENSING ACTS
35. Consumer Credit (Finance Brokers) Act 1998
Section 5 of the Consumer Credit (Finance
Brokers) Act 1998 is repealed.
No. 41/1995.
5 36. Consumer Credit (Victoria) Act 1995
Reprint No. 1
(1) In section 3(1) of the Consumer Credit as at 1 July
1998.
(Victoria) Act 1995 after the definition of
"exempt credit provider" insert--
' "externally-administered body corporate" has
10 the same meaning as in the Corporations
Law;
"insolvent under administration" means--
(a) a person who is an undischarged
bankrupt; or
15 (b) a person for whom a debt agreement
has been made under Part IX of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
20 jurisdiction) if the debt agreement has
not ended or has not been terminated;
or
(c) a person who has executed a deed of
arrangement under Part X of the
25 Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if the terms of the deed
have not been fully complied with; or
30 (d) a person whose creditors have accepted
a composition under Part X of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
35
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 37
Act No.
provisions of the law of another
jurisdiction) if a final payment has not
been made under that composition;'.
(2) In section 30(3) of the Consumer Credit
5 (Victoria) Act 1995 for paragraph (h)
substitute--
"(h) has become an externally-administered body
corporate; or".
No. 9428. 37. Estate Agents Act 1980
Reprint No. 6
10 (1) In section 4 of the Estate Agents Act 1980--
as at 1 July
1998.
(a) for the definition of "externally-administered
corporation" substitute--
' "externally-administered body
corporate" has the same meaning as in
15 the Corporations Law;';
(b) for the definition of "insolvent under
administration" substitute--
' "insolvent under administration"
means--
20 (a) a person who is an undischarged
bankrupt; or
(b) a person for whom a debt
agreement has been made under
Part IX of the Bankruptcy Act
25 1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
the debt agreement has not ended
or has not been terminated; or
30 (c) a person who has executed a deed
of arrangement under Part X of
the Bankruptcy Act 1966 of the
Commonwealth (or the
corresponding provisions of the
36
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 38
Act No.
law of another jurisdiction) if the
terms of the deed have not been
fully complied with; or
(d) a person whose creditors have
5 accepted a composition under Part
X of the Bankruptcy Act 1966 of
the Commonwealth (or the
corresponding provisions of the
law of another jurisdiction) if a
10 final payment has not been made
under that composition;'.
(2) In sections 14(5)(d), 22(1)(b) and 31E(1)(d) of the
Estate Agents Act 1980 for "externally-
administered corporation" substitute "externally-
15 administered body corporate".
(3) In section 22(3) of the Estate Agents Act 1980
for "Tribunal" substitute "Authority".
No. 75/1997.
38. Introduction Agents Act 1997
Reprint No. 1
(1) In section 14 of the Introduction Agents Act as at
1 July 1998.
20 1997--
(a) in sub-section (2)(c) for "externally
administered corporation" substitute
"externally-administered body corporate";
(b) in sub-section (3) for the definitions of
25 "externally administered corporation" and
"insolvent under administration"
substitute--
' "externally-administered body
corporate" has the same meaning as in
30 the Corporations Law;
"insolvent under administration" means--
37
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 38
Act No.
(a) a person who is an undischarged
bankrupt; or
(b) a person for whom a debt
agreement has been made under
5 Part IX of the Bankruptcy Act
1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
the debt agreement has not ended
10 or has not been terminated; or
(c) a person who has executed a deed
of arrangement under Part X of
the Bankruptcy Act 1966 of the
Commonwealth (or the
15 corresponding provisions of the
law of another jurisdiction) if the
terms of the deed have not been
fully complied with; or
(d) a person whose creditors have
20 accepted a composition under
Part X of the Bankruptcy Act
1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
25 a final payment has not been made
under that composition;'.
(2) After section 14(3) of the Introduction Agents
Act 1997 insert--
"(4) Sub-section (1)(b) applies to a person who is
30 an insolvent under administration within the
meaning of paragraph (b) of the definition of
"insolvent under administration" in sub-
section (3) only if the person became an
insolvent under administration within the
35 meaning of that paragraph on or after the
commencement of section 38 of the
38
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 39
Act No.
Licensing and Tribunal (Amendment) Act
1998.".
(3) In section 15(1)(c) of the Introduction Agents
Act 1997 for "the regulations" substitute "the
5 Authority".
No. 52/1986.
39. Travel Agents Act 1986
Reprint No. 2
In the Travel Agents Act 1986-- as at 1 July
1998.
(a) in section 3(1) after the definition of
"exempted person" insert--
10 ' "insolvent under administration"
means--
(a) a person who is an undischarged
bankrupt; or
(b) a person for whom a debt
15 agreement has been made under
Part IX of the Bankruptcy Act
1966 of the Commonwealth (or
the corresponding provisions of
the law of another jurisdiction) if
20 the debt agreement has not ended
or has not been terminated; or
(c) a person who has executed a deed
of arrangement under Part X of
the Bankruptcy Act 1966 of the
25 Commonwealth (or the
corresponding provisions of the
law of another jurisdiction) if the
terms of the deed have not been
fully complied with; or
30 (d) a person whose creditors have
accepted a composition under
Part X of the Bankruptcy Act
1966 of the Commonwealth (or
the corresponding provisions of
35 the law of another jurisdiction) if
39
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
s. 39
Act No.
a final payment has not been made
under that composition;';
(b) in section 8(2)(b) after "body corporate"
(where secondly occurring) insert "or, if the
5 body corporate has only one director, by that
director";
(c) in section 13(1)(a) for "Minister" substitute
"Authority";
(d) in section 16A(b) for "externally
10 administered corporation" substitute
"externally-administered body corporate
within the meaning of the Corporations
Law".
15
40
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
41
532146B.I1-21/10/98
Licensing and Tribunal (Amendment) Act 1998
Act No.
42
532146B.I1-21/10/98
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