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PARLIAMENT OF VICTORIA
Miscellaneous Acts (Omnibus No. 3) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
PART 2--ACCIDENT COMPENSATION ACT 1985 3
3. Victorian WorkCover Authority 3
PART 3--ACCIDENT COMPENSATION (FURTHER
AMENDMENT) ACT 1996 4
4. Commencement of sections 14 and 19 on proclamation 4
PART 4--BORROWING AND INVESTMENT POWERS ACT 1987 5
5. Principal Act 5
6. Application to Water Authorities 5
7. New section 17B inserted 5
17B. Application to State instrumentalities 5
8. Statute law revision 6
PART 5--CANCER ACT 1958 7
9. Principal Act 7
10. Amendment of section 60--reporting requirements 7
11. Revision of penalty 7
12. New sections 61A and 61B inserted 7
61A. Information may be released in certain circumstances 7
61B. Release of information between Council and prescribed
registers 9
13. Amendment of section 62--reporting to the Anti-Cancer Council 9
PART 6--DRIED FRUIT ACTS 1958 11
14. Principal Act 11
15. Appointment of Chairman of Board 11
16. Estimate of expenditure 11
17. Dried Fruits Fund 11
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Clause Page
PART 7--MELBOURNE AND METROPOLITAN BOARD OF
WORKS ACT 1958 12
18. Competitive neutrality 12
PART 8--PARLIAMENTARY OFFICERS ACT 1975 14
19. Amendment of Act 14
20. New Part 3 inserted 15
PART 3--ELECTORATE OFFICERS 15
26. Employment of electorate officers 15
27. Termination of employment 15
28. Delegation 16
29. Electorate officers deemed to be employed under this
Part 16
PART 9--PHARMACISTS ACT 1974 18
21. Operation of pharmacies in hospitals 18
PART 10--PLANT HEALTH AND PLANT PRODUCTS ACT 1995 19
22. Principal Act 19
23. Definitions 19
24. Importation of plants, plant products, packages or equipment 19
25. Infested land notice 19
26. Importation orders 20
27. Delegations by Minister 21
28. Delegations by Secretary 21
29. Fees and charges 21
30. Protection of persons assisting inspector 21
31. Non-compliance under order 21
32. General powers of inspectors 22
33. New Division inserted 22
Division 1A--Approved inspection services 22
51A. Approved inspection services 22
51B. Agreements relating to approved inspection services 23
51C. Approved inspection services and employed or
appointed inspectors 25
51D. Powers of inspection agents 26
51E. Identification of inspection agents of approved
inspection services 26
51F. Fees 27
51G. Application of FOI 27
51H. Investigation of administrative actions 28
34. Statute law revision 29
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Clause Page
PART 11--STATE OWNED ENTERPRISES ACT 1992 29
35. New section 14A inserted 29
14A. Borrowing and investment powers 30
36. Amendment of State Owned Enterprises Act 1992 30
88B. State owned enterprises to make certain payments 30
PART 12--WATER INDUSTRY ACT 1994 33
37. Competitive neutrality-service charges 33
38. Competitive neutrality-MPW rates 33
PART 13--ZOOLOGICAL PARKS AND GARDENS ACT 1995 36
39. Substitution of Part 3 of Schedule 1 36
40. Statute law revision 36
NOTES 37
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PARLIAMENT OF VICTORIA
A BILL
to amend the Accident Compensation Act 1985, the Accident
Compensation Act (Further Amendment) Act 1996, the Borrowing
and Investment Powers Act 1987, the Cancer Act 1958, the Dried
Fruit Acts 1958, the Melbourne and Metropolitan Board of Works
Act 1958, the Parliamentary Officers Act 1975, the Pharmacists
Act 1974, the Plant Health and Plant Products Act 1995, the State
Owned Enterprises Act 1992, the Water Industry Act 1994 and the
Zoological Parks and Gardens Act 1995 and for other purposes.
Miscellaneous Acts (Omnibus No. 3) Act
1997
The Parliament of Victoria enacts as follows:
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Miscellaneous Acts (Omnibus No. 3) Act 1997
s. 1
Act No.
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend various Acts.
2. Commencement
5 (1) Except as otherwise provided in this section, this
Act comes into operation on the day on which it
receives the Royal Assent.
(2) Section 40 is deemed to have come into operation
on 29 April 1996.
10 (3) Subject to sub-section (4), the provisions of
sections 10, 11, 12 and 13 come into operation on
a day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 31 December
15 1997, it comes into operation on that day.
_______________
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Act No.
PART 2--ACCIDENT COMPENSATION ACT 1985
3. Victorian WorkCover Authority
No. 10191.
In section 24(2)(b) of the Accident
Reprint No. 7
Compensation Act 1985, for "6" substitute "7". as at 20
March 1997.
5 _______________
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Act No.
PART 3--ACCIDENT COMPENSATION (FURTHER
AMENDMENT) ACT 1996
4. Commencement of sections 14 and 19 on
proclamation
No. 60/1996.
5 In section 2(4) of the Accident Compensation
(Further Amendment) Act 1996, after
"Sections" insert "14, 19,".
_______________
10
4
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Miscellaneous Acts (Omnibus No. 3) Act 1997
s. 5
Act No.
PART 4--BORROWING AND INVESTMENT POWERS ACT
1987
5. Principal Act
No. 13/1987.
In this Part, the Borrowing and Investment
Reprint No. 3
5 Powers Act 1987 is called the Principal Act. as at 23 May
1996. Further
amended by
Nos 4/1996,
61/1996,
71/1996,
73/1996,
79/1996 and
84/1996.
6. Application to Water Authorities
In section 17A of the Principal Act, for sub-
section (2) substitute--
"(2) The Governor in Council, by Order
10 published in the Government Gazette, may
declare that sections of this Act specified in
the Order apply to an Authority specified in
the Order.".
7. New section 17B inserted
15 After section 17A of the Principal Act insert--
'17B. Application to State instrumentalities
(1) In this section--
"public authority" means--
(a) an agency or instrumentality of the
20 State established by or under an Act;
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s. 8
Act No.
(b) a body established by an Act a member
of which, or a member of the governing
body of which, is appointed by the
Governor in Council or a Minister;
5 (c) a body corporate established under
section 14 of the State Owned
Enterprises Act 1992.
(2) The Governor in Council, by Order
published in the Government Gazette, may
10 declare that sections of this Act specified in
the Order apply to a public authority
specified in the Order.
(3) In addition to the powers conferred on it by
or under the Act by or under which it is
15 established, a public authority specified in an
Order in force under sub-section (2) has the
powers conferred on it by the sections of this
Act specified in the Order.'.
8. Statute law revision
20 In column 2 of items 7A, 20A and 37 of Schedule
1 to the Principal Act, omit "6,".
_______________
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s. 9
Act No.
PART 5--CANCER ACT 1958
No. 6213.
9. Principal Act
Reprinted to
In this Part, the Cancer Act 1958 is called the No. 23/1989
and
Principal Act. subsequently
amended by
Nos 23/1994
and 68/1996.
5 10. Amendment of section 60--reporting requirements
(1) After section 60(1) of the Principal Act, insert--
"(1A) The person in charge of an organisation that
maintains a prescribed register must, within
the prescribed time and in the prescribed
10 form, report to the Council on any person
whose information is included in that
prescribed register and who, to the
knowledge of the person in charge, is
suffering or commences to suffer from
15 cancer.".
(2) In section 60(3) of the Principal Act--
(a) in paragraph (a), after "sub-section (1)"
insert "or sub-section (1A)"; and
(b) in paragraph (c), after "sub-section (1)"
20 insert ", sub-section (1A)".
11. Revision of penalty
In section 61(1) of the Principal Act, for "$250"
substitute "10 penalty units".
12. New sections 61A and 61B inserted
25 After section 61 of the Principal Act insert--
'61A. Information may be released in certain
circumstances
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(1) Despite section 61, a person to whom that
section applies may, for the purposes of
medical research or the administration of
cancer related public health programs, give
5 information acquired by the Council
pursuant to section 60 if--
(a) the use to which that information will
be put and any research methodology to
be used in the medical research or
10 administration of the programs has
been approved, having regard to the
NHMRC guidelines, by an ethics
committee established by the Council;
and
15 (b) the giving of that information does not
conflict with any prescribed
requirements.
(2) A person who receives information by
reason of the giving of information under
20 sub-section (1) must not give to any other
person, whether directly or indirectly, any
information so received unless the giving of
the information--
(a) has been approved by the ethics
25 committee referred to in sub-section
(1); and
(b) does not conflict with any prescribed
requirements.
Penalty: 50 penalty units.
30 (3) In this section "NHMRC guidelines"
means the document titled "Aspects of
Privacy in Medical Research: An
information paper and guidelines for the
protection of privacy in the conduct of
35 medical research" endorsed by the National
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s. 13
Act No.
Health and Medical Research Council
Executive Committee, June 1995 and
includes any subsequent amendment to that
document or any superseding document
5 prepared or endorsed by the National Health
and Medical Research Council which covers
the same subject matter.
61B. Release of information between Council
and prescribed registers
10 (1) Despite section 61, for the purposes of
clarifying the accuracy of information
provided from the Council to an organisation
that maintains a prescribed register under
section 61A, a person to whom section 61
15 applies may provide information to that
organisation in respect of a person who,
according to reports submitted to the Council
pursuant to section 60, is suffering or
commences to suffer from cancer.
20 (2) Despite section 62(6), for the purposes of
clarifying the accuracy of information
provided to the Council from an organisation
that maintains a prescribed register under
section 60(1A), a person to whom section
25 62(6) applies may provide information on
that register to the Council in respect of a
person who, to the knowledge of the person
in charge of that organisation, is suffering or
commences to suffer from cancer.'.
30 13. Amendment of section 62--reporting to the Anti-
Cancer Council
(1) In section 62(5) of the Principal Act, after
paragraph (c) insert--
"(ca) to report to the Council in accordance with
35 section 60(1A); and".
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(2) In section 62(6)(c) of the Principal Act, for "(a) or
(b)" substitute "(a), (b) or (ca)".
_______________
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Act No.
PART 6--DRIED FRUIT ACTS 1958
No. 6239.
14. Principal Act
Reprinted to
In this Part, the Dried Fruits Act 1958 is called 72/1989 and
subsequently
the Principal Act. amended by
Nos 31/1994,
65/1994 and
43/1995
5 15. Appointment of Chairman of Board
In section 5(3)(a) of the Principal Act, omit "an
officer of the Department of Agriculture,".
16. Estimate of expenditure
In section 15(1) of the Principal Act--
10 (a) for "February" substitute "August";
(b) for "that year" substitute "that financial
year".
17. Dried Fruits Fund
(1) In section 16 of the Principal Act, for sub-sections
15 (1), (2) and (3) substitute--
"(1) The Board must maintain a Fund to be called
the Dried Fruits Fund.
(2) There is to be paid into the Fund all money
received by or paid to the Board.
20 (3) Money in the Fund may be applied only in
payment or discharge of the debts or
liabilities of the Board or in connection with
the performance of the functions and
exercise of the powers of the Board.".
25 (2) In section 16(4) of the Principal Act, for
"securities" substitute "manner".
_______________
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Act No.
PART 7--MELBOURNE AND METROPOLITAN BOARD OF
WORKS ACT 1958
18. Competitive neutrality
No. 6310.
5 (1) In section 239 of the Melbourne and
Reprinted to
Metropolitan Board of Works Act 1958, after
No. 48/1991.
"purposes" insert ", other than any land, tenement
Subsequently
amended by
or property vested in or owned by a declared
Nos 50/1992,
public statutory authority (within the meaning of
54/1992,
25/1993,
10 section 239A(1B)) that is not used exclusively as
130/1993,
public open space or as a park".
53/1994,
104/1994,
(2) In section 239A of the Melbourne and
110/1994,
121/1994,
Metropolitan Board of Works Act 1958, after
41/1995,
sub-section (1) insert--
65/1995,
82/1995,
15 4/1996 and "(1A) For the purposes of this section lands and
12/1996.
tenements vested in or owned by a declared
public statutory authority (within the
meaning of sub-section (1B)) that are not
used exclusively as public open space or as a
20 park are rateable property even if they are
not rateable within the meaning of the Local
Government Act 1989.
(1B) The Governor in Council, by Order
published in the Government Gazette, may
25 declare a public statutory authority
constituted under the laws of Victoria to be a
declared public statutory authority for the
purposes of this section and section 239.
(1C) Despite anything to the contrary in section
30 239B or in any other provision of this Act,
the Treasurer, after consultation with the
Minister responsible for a declared public
statutory authority, may give his or her
approval to the Board levying an amount in
35 lieu of a rate under this Act in respect of a
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financial year on lands and tenements vested
in or owned by the authority that, by virtue
of sub-section (1A), are rateable property.
(1D) The amount to be levied in lieu of a rate in
5 accordance with sub-section (1C) is the
amount agreed between the authority and the
Board or, in the absence of agreement,
determined by the Treasurer.
(1E) An approval may only be given by the
10 Treasurer under sub-section (1C) on the
application of the Board.".
_______________
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s. 19
Act No.
PART 8--PARLIAMENTARY OFFICERS ACT 1975
19. Amendment of Act
No. 8730.
(1) In the Parliamentary Officers Act 1975--
Reprinted
as at 19
(a) before section 1, insert "PART 1--
September
5 PRELIMINARY";
1996. Further
amended by
(b) section 2 is repealed;
No. 59/1996.
(c) in section 3, in the definition of "officers of
the Parliament"--
(i) after "employed" insert "under Part 2";
10 (ii) in paragraph (e), for "the House
Committee" substitute "Parliamentary
Services";
(d) before section 4 insert "PART 2--
OFFICERS OF THE PARLIAMENT";
15 (e) in section 6(1), for paragraph (e)
substitute--
"(e) the person for the time being holding
the office of Secretary of the
department of Parliamentary Services is
20 the department head of that
department;";
(f) in section 6A(2)(a), for "the House
Committee" substitute "Parliamentary
Services";
25 (g) in section 7(2), for "the House Committee"
substitute "Parliamentary Services";
(h) in section 13A(1)(d)(ii), for "the House
Committee" substitute "Parliamentary
Services".
30
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s. 20
Act No.
(2) After section 25(3) of the Parliamentary
Officers Act 1975 insert--
"(4) Despite its change of name by Part 8 of the
Miscellaneous Acts (Omnibus No. 3) Act
5 1997, the department of Parliamentary
Services is the same body as the department
of the House Committee as existing
immediately before the commencement of
that Part.".
10 20. New Part 3 inserted
At the end of the Parliamentary Officers Act
1975 insert--
"PART 3--ELECTORATE OFFICERS
26. Employment of electorate officers
15 (1) The President and the Speaker, acting
jointly, may, on behalf of the State, employ,
as an electorate officer to assist a member of
Parliament, a person nominated by that
member.
20 (2) The employment of a person under sub-
section (1) must be under an agreement in
writing and is subject to such terms and
conditions as are determined for the time
being by the President and the Speaker.
25 (3) The Public Sector Management Act 1992
does not apply to a person employed under
this Part.
27. Termination of employment
(1) The employment of a person under this
30 Part--
(a) terminates if the member of Parliament
whom the person was appointed to
assist dies or ceases to be a member;
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Miscellaneous Acts (Omnibus No. 3) Act 1997
s. 20
Act No.
(b) may be terminated in accordance with
the agreement under which the person
is employed in accordance with this
Part.
5 (2) The employment of a person as an electorate
officer is deemed not to have terminated
upon the death or cessation of membership
of a member of Parliament if--
(a) the term of the employment is extended
10 by the President and the Speaker, acting
jointly, from the date of death or
cessation for a specified period; or
(b) within 4 weeks, or such longer period
as the President and Speaker acting
15 jointly determine, after the date of
death or cessation the person is
employed under this Part as an
electorate officer to assist another
member of Parliament.
20 28. Delegation
The President and the Speaker, acting
jointly, may, by writing, delegate to the
Secretary of the department of Parliamentary
Services any function or power of the
25 President and the Speaker under this Part,
other than this power of delegation.
29. Electorate officers deemed to be employed
under this Part
A person who, immediately before the
30 commencement of Part 8 of the
Miscellaneous Acts (Omnibus No. 3) Act
1997, was employed as an electorate officer
to assist a member of Parliament is deemed
to
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s. 20
Act No.
be employed under this Part with effect from
that commencement on the same terms and
conditions, and with an entitlement to the
same accrued benefits, as those that applied
5 to the person immediately before that
commencement but subject to section 27.".
_______________
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s. 21
Act No.
PART 9--PHARMACISTS ACT 1974
No. 8593. 21. Operation of pharmacies in hospitals
Reprinted to
In the Pharmacists Act 1974--
No. 23/1994
and
subsequently (a) in section 21(5), after "registered funded
amended by
5 agency" insert ", private hospital or
Nos 43/1996
and 68/1996. privately-operated hospital"; and
(b) in section 24(2), after "registered funded
agency" insert ", private hospital or
privately-operated hospital".
10 _______________
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Miscellaneous Acts (Omnibus No. 3) Act 1997
s. 22
Act No.
PART 10--PLANT HEALTH AND PLANT PRODUCTS ACT
1995
No. 51/1995.
22. Principal Act
In this Part, the Plant Health and Plant Products
5 Act 1995 is called the Principal Act.
23. Definitions
In section 3(1) of the Principal Act insert--
' "approved inspection service" means an
inspection service for the time being
10 approved under section 51A;
"inspection agent" means a principal or an
employee of an approved inspection service;
"plant health certificate" means a certificate in
the prescribed form issued by an inspector,
15 inspection agent or officer of a department
responsible for agriculture of another State
or Territory;
"plant health declaration" means a declaration
in the prescribed form made by a person
20 authorised by the Secretary to make plant
health declarations;'.
24. Importation of plants, plant products, packages or
equipment
Section 6(3) of the Principal Act is repealed.
25 25. Infested land notice
(1) After section 12(1)(b) of the Principal Act
insert--
"; or
(c) requiring that the owner or occupier control
30 or eradicate, or cause the control or
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s. 26
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eradication of, the disease or pest affecting
those plants or plant products.".
(2) After section 12(3) of the Principal Act insert--
"(4) If a notice is given under sub-section (1)(c),
5 the owner or occupier must control or
eradicate, or cause the control or eradication
of, the disease or pest affecting the plant or
plant products specified in the notice.
Penalty: 100 penalty units.".
10 26. Importation orders
(1) In section 24(1) of the Principal Act, after
"prohibit absolutely," insert "restrict,".
(2) For section 24(2)(a) of the Principal Act
substitute--
15 "(a) may prohibit or restrict the entry or
importation into Victoria of plants, plant
products, used agricultural equipment, used
packages or soil from a State or Territory, or
part of a State or Territory, that the Secretary
20 reasonably suspects is affected by an exotic
disease or pest;".
(3) After section 24(2)(b) of the Principal Act
insert--
"(c) may require a plant health declaration or
25 plant health certificate--
(i) stating that the plants, plant products,
used agricultural equipment, used
packages or soil have been tested or
treated in the manner required by the
30 order; and
(ii) providing a description of the tests or
treatment--
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s. 27
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to accompany the plants, plant products,
used agricultural equipment, used packages
or soil referred to in the order.".
27. Delegations by Minister
5 In section 44(1) of the Principal Act, after
"administration of this Act" insert "(other than an
inspection agent)".
28. Delegations by Secretary
In section 45 of the Principal Act, after
10 "administration of this Act" insert "(other than an
inspection agent)".
29. Fees and charges
In section 46(1) of the Principal Act, after "this
Act" insert "other than inspection fees payable to
15 an approved inspection service".
30. Protection of persons assisting inspector
After section 47(2) of the Principal Act insert--
"(3) This section does not apply to an inspection
agent.".
20 31. Non-compliance under order
(1) In section 49(1) of the Principal Act--
(a) for "or any other" substitute "or any notice
or other";
(b) after "order, direction" insert ", notice".
25 (2) In section 49(2) of the Principal Act--
(a) after "order, direction" (where first
occurring) insert ", notice";
(b) in paragraph (a), for "or direction"
substitute ", direction or notice";
30 (c) in paragraph (b), after "direction" insert
", notice".
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32. General powers of inspectors
In section 52(1) of the Principal Act, for
paragraph (h) substitute--
"(h) take and remove for examination samples of
5 or from, or specimens of--
(i) any plant or plant product, any used
package or used agricultural equipment
or soil which the inspector reasonably
believes to be affected by a pest or
10 disease;
(ii) any pest found in or on a plant or plant
product, used package or used
agricultural equipment or soil;".
33. New Division inserted
15 After section 51 of the Principal Act insert--
"Division 1A--Approved inspection services
51A. Approved inspection services
(1) The Secretary may, by instrument, approve a
person or body to be an approved inspection
20 service--
(a) to provide examination, inspection and
treatment services for monitoring,
controlling and eradicating plant pests
and diseases;
25 (b) to ascertain whether plants, plant
products, packages and used
agricultural equipment comply with this
Act;
(c) to verify any documents relating to
30 plant, plant products, packages and
used agricultural equipment, and any
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s. 33
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marking and labelling on packages
containing plants and plant products;
(d) to issue plant health certificates;
(e) to monitor proper observance of
5 compliance agreements under Part 6.
(2) The Secretary must not give approval under
sub-section (1) unless--
(a) he or she is satisfied that the person or
body can provide an adequate,
10 appropriate and efficient inspection
service and that the service will be
provided by appropriately qualified
persons; and
(b) he or she has entered into an agreement
15 under section 51B with the person or
body.
(3) An approval--
(a) may authorise the person or body to
carry out all of the powers, functions
20 and duties referred to in this section and
section 51D or be limited to powers,
functions and duties of a particular
kind;
(b) may apply to the whole of Victoria or
25 be limited to particular areas of
Victoria;
(c) may be subject to any condition or
restriction that the Secretary thinks fit.
51B. Agreements relating to approved inspection
30 services
(1) The Secretary, on behalf of the Crown, may
enter into an agreement under this section.
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(2) An agreement must provide for--
(a) compliance by the inspection service
with all relevant provisions of this Act
or of any other Act or instrument of a
5 legislative character; and
(b) objectives and performance standards
in relation to the provision of the
services;
(c) the circumstances in which services
10 may be provided;
(d) the fees, costs and charges to be paid
for services provided by the inspection
service;
(e) the submission of periodic reports in
15 relation to the inspection service's
operations under the agreement;
(f) an indemnity by the inspection service
in favour of the Crown and the
Secretary;
20 (g) the office the holder of which is to be
the principal officer for the purposes of
the application of the Freedom of
Information Act 1982 to the
inspection service;
25 (h) the office the holder of which is to be
the principal officer for the purposes of
the application of the Ombudsman Act
1973 to the inspection service;
(i) the termination of the agreement if the
30 Secretary withdraws approval of the
service;
(j) the prohibition of sub-contracting of
services.
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(3) An agreement under this section may--
(a) provide for consideration to be paid to
or received by the Secretary in respect
of the giving of the right to provide the
5 services;
(b) provide for any matter to be
determined, approved or dispensed with
by the Secretary;
(c) provide for the Secretary to delegate
10 powers and functions under the
agreement;
(d) require the provision by the inspection
service of a performance bond;
(e) provide for the suspension of
15 obligations under the agreement in
specified circumstances;
(f) contain any other provisions agreed
between the Secretary and the
inspection service that are not
20 inconsistent with this Act.
(4) The Secretary and an approved inspection
service may, by agreement, vary or terminate
an agreement under this section.
(5) The Secretary may, by instrument given to
25 an approved inspection service, withdraw
approval of the service if satisfied that the
service is in breach of a condition or
restriction of the approval or of the
agreement under this section.
30 51C. Approved inspection services and employed
or appointed inspectors
Sections 51A and 51B, and any agreement
entered into under those sections, do not
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prevent the performance of a function or
duty or the exercise of a power--
(a) by an inspector authorised by the
Secretary under section 51; or
5 (b) by a person having the functions, duties
and powers of an inspector (other than
an inspection agent).
51D. Powers of inspection agents
(1) An inspection agent carrying out any of the
10 functions set out in section 51A(1) has any
of the powers and duties of an inspector
under sections 52(1)(c) to (j), 53, 54, 55 and
56 that are reasonably required for carrying
out those functions.
15 (2) In addition to the powers and duties set out
in sub-section (1), an inspection agent may
carry out any other powers and duties
conferred on him or her under this Act.
(3) If an inspection agent is carrying out any
20 functions under section 51A(1)(a) to (d), the
provisions of section 71(a), (f) and (g) apply
in relation to the inspection agent as if the
inspection agent were an inspector.
(4) If an inspection agent is monitoring the
25 proper observance of compliance agreements
in accordance with section 51A(1)(e), all of
the provisions of section 71 apply in relation
to the inspection agent as if the inspection
agent were an inspector.
30 51E. Identification of inspection agents of
approved inspection services
(1) The Secretary must issue an identification
certificate to each inspection agent.
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(2) An identification certificate must--
(a) state the inspection agent's name; and
(b) include a photograph of the inspection
agent; and
5 (c) set out the provisions of this Act and
the plants and plant products in respect
of which the inspection agent is
authorised to carry out powers,
functions or duties under this Act.
10 (3) An inspection agent must, in the course of
performing functions or duties or exercising
powers under this Act, produce his or her
identification certificate to any person who
requests its production.
15 51F. Fees
(1) An approved inspection service may enter
into an agreement or an arrangement with
any person who requires services that the
inspection service is authorised to provide
20 under an agreement with the Secretary under
section 51B.
(2) An agreement or arrangement under this
section may require payment of fees in
accordance with an agreement with the
25 Secretary under section 51B.
(3) If the person liable to pay the fee does not
pay, or cause to be paid, the fee on or before
the date on which it is required to be paid, it
is recoverable as a debt to the approved
30 inspection service.
51G. Application of FOI
(1) The Freedom of Information Act 1982
applies to an approved inspection service in
its capacity as a provider of services in
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accordance with an agreement under section
51B as if--
(a) the approved inspection service were an
agency within the meaning of that Act;
5 and
(b) the holder of the office specified in the
agreement under section 51B for the
purposes of the application of the
Freedom of Information Act 1982
10 were the principal officer of that
agency; and
(c) the Minister were the responsible
Minister of that agency; and
(d) the persons employed by the approved
15 inspection service were officers of that
agency.
(2) Nothing in this section applies the Freedom
of Information Act 1982 to an approved
inspection service--
20 (a) in any capacity other than that
mentioned in sub-section (1); or
(b) with respect to any period during which
services under an agreement under
section 51B were not actually being
25 provided by the approved inspection
service.
51H. Investigation of administrative actions
(1) The Ombudsman Act 1973 applies to an
approved inspection service in its capacity as
30 a provider of services in accordance with an
agreement under section 51B as if--
(a) the approved inspection service were a
public statutory body within the
meaning of that Act; and
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35
Act No.
(b) the holder of the office specified in the
agreement under section 51B for the
purposes of the application of the
Ombudsman Act 1973 were the
5 principal officer of that public statutory
body; and
(c) the persons employed by the approved
inspection service were employees of
that public statutory body
10 (2) Nothing in this section applies the
Ombudsman Act 1973 to an approved
inspection service--
(a) in any capacity other than that
mentioned in sub-section (1); or
15 (b) with respect to any period during which
services under an agreement under
section 51B were not actually being
provided by the approved inspection
service.".
20 34. Statute law revision
In the Principal Act--
(a) in section 9(4), for "plants products"
substitute "plant products";
(b) in section 13(1), for "that that the inspector"
25 substitute "that the inspector";
(c) in section 43(5)--
(i) for "complies" substitute "applies";
(ii) after "refers" omit "to";
(d) in section 71(1)(e), after "do" insert "so".
30 ____________________
PART 11--STATE OWNED ENTERPRISES ACT 1992
35. New section 14A inserted
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After section 14 of the State Owned Enterprises
No. 90/1992.
Act 1992 insert--
Reprint No. 2
as at 3
"14A. Borrowing and investment powers
October 1996.
A State body has such powers under the
5 Borrowing and Investment Powers Act
1987 as are conferred on it by Order under
section 17B of that Act.".
36. Amendment of State Owned Enterprises Act 1992
After section 88A of the State Owned
10 Enterprises Act 1992 insert--
'88B. State owned enterprises to make certain
payments
(1) A declared business enterprise which is the
owner of land (not being land that is used
15 exclusively as a public open space or a park)
that, by reason of section 154 of the Local
Government Act 1989 or any other Act or
law is not rateable land, must pay to the
Treasurer, in such manner and at such times
20 as the Treasurer determines, for payment
into the Consolidated Fund, an amount
determined by the Treasurer as an annual
charge in respect of that land.
(2) The annual charge payable in respect of land
25 by a declared business enterprise under this
section must not exceed the amount that
would be payable by the declared business
enterprise under the Local Government Act
1989 if the land were rateable land.
30 (3) A declared business enterprise may request
the Treasurer to review a determination
made in respect of it under this section.
(4) A declared business enterprise that makes a
request under sub-section (3)--
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(a) must pay to the Treasurer such fee (if
any) as is determined by the Treasurer
in respect of the review; and
(b) must pay to the Treasurer an amount
5 equal to the cost of the review,
including the cost of obtaining advice
from other persons, or such part of
those costs as the Treasurer determines.
(5) If, as a result of the review of a
10 determination, the Treasurer amends the
determination, the Treasurer may refund to
the declared business enterprise such part of
any fee and amounts paid by it under sub-
section (4).
15 (6) The Treasurer may, by instrument, delegate
to any person or class of persons employed
in the administration of this Act any power
of the Treasurer under this section, other
than this power of delegation.
20 (7) The Consolidated Fund is hereby
appropriated to the extent necessary to
enable the Treasurer to make refunds in
accordance with this section.
(8) The Governor in Council, by Order
25 published in the Government Gazette, may
declare a statutory corporation to be a
declared business enterprise for the purposes
of this section.
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(9) In this section, "declared business
enterprise" means a statutory corporation in
respect of which a declaration under sub-
section (8) is in force.'.
5 _______________
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Act No.
PART 12--WATER INDUSTRY ACT 1994
37. Competitive neutrality-service charges
No. 121/1994.
(1) In section 25(2)(a) of the Water Industry Act
Reprinted to
1994, after "Schedule 1" insert ", other than land No. 65/1995.
5 referred to in item 1, 2 or 3 of that Schedule Subsequently
amended by
vested in or owned by a declared public statutory Nos 86/1995,
authority (within the meaning of sub-section (2A)) 4/1996,
12/1996,
that is not used exclusively as public open space 39/1996 and
or as a park". 51/1996.
10 (2) In section 25 of the Water Industry Act 1994,
after sub-section (2) insert--
" (2A) The Governor in Council, by Order
published in the Government Gazette, may
declare a public statutory authority
15 constituted under the laws of Victoria to be a
declared public statutory authority for the
purposes of sub-section (2)(a).".
38. Competitive neutrality-MPW rates
(1) In section 139(2) of the Water Industry Act
20 1994, after "Schedule 1" insert ", other than land
referred to in item 1, 2 or 3 of that Schedule
vested in or owned by a declared public statutory
authority (within the meaning of sub-section (2A))
that is not used exclusively as public open space
25 or as a park".
(2) In section 139 of the Water Industry Act 1994,
after sub-section (2) insert--
" (2A) The Governor in Council, by Order
published in the Government Gazette, may
30 declare a public statutory authority
constituted under the laws of Victoria to be a
declared public statutory authority for the
purposes of sub-section (2).".
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(3) In section 139 of the Water Industry Act 1994,
after sub-section (3C) insert--
"(3D) Despite sub-section (3), (3A) or (3B), a rate
levied by Melbourne Parks and Waterways
5 under this section on any land may be levied
on the basis of a value determined by
Melbourne Parks and Waterways from time
to time in respect of that land.
(3E) The value determined by Melbourne Parks
10 and Waterways under sub-section (3D) in
respect of any land must not be greater than
the value on which rates would have been
levied on that land under this section if
Melbourne Parks and Waterways had not
15 made a determination under sub-section (3D)
in respect of that land.".
(4) In section 139 of the Water Industry Act 1994,
after sub-section (4) insert--
"(4A) Despite anything to the contrary in this
20 section or in any other provision of this Act,
the Treasurer, after consultation with the
Minister responsible for a declared public
statutory authority, may give his or her
approval to Melbourne Parks and Waterways
25 levying an amount in lieu of a rate under this
section in respect of a financial year, or any
quarter or half of a financial year, in relation
to land vested in or owned by the authority.
(4B) The amount to be levied in lieu of a rate in
30 accordance with sub-section (4A) is the
amount agreed between the authority and
Melbourne Parks and Waterways or, in the
absence of agreement, determined by the
Treasurer.
35 (4C) An approval may only be given by the
Treasurer under sub-section (4A) on the
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application of Melbourne Parks and
Waterways.".
__________________
5
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Act No.
PART 13--ZOOLOGICAL PARKS AND GARDENS ACT 1995
No. 106/1995. 39. Substitution of Part 3 of Schedule 1
In Schedule 1 to the Zoological Parks and
Gardens Act 1995, for Part 3 substitute--
5 "Part 3--Land at Healesville
".
40. Statute law revision
In section 52 of the Zoological Parks and Gardens Act 1995,
for "75(7)" substitute "75(5)".
10
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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