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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Miscellaneous Acts (Further Omnibus
Amendments) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
PART 2--AGRICULTURAL AND VETERINARY CHEMICALS
(CONTROL OF USE) ACT 1992 3
3. Notification of contaminated stock 3
4. New sections 62A and 62B inserted 3
62A. Records of notices etc. 3
62B. Secrecy 5
PART 3--ASSOCIATIONS INCORPORATION ACT 1981 6
5. Principal Act 6
6. Removal of age limits 6
PART 4--BORROWING AND INVESTMENT POWERS ACT 1987 7
7. Victorian Plantations Corporation 7
PART 5--CASINO CONTROL ACT 1991 8
8. Principal Act 8
9. Premium player arrangement 8
10. Credit betting 8
PART 6--CROWN LANDS ACTS (AMENDMENT) ACT 1994 9
11. Amendment of section 20 9
PART 7--CROWN LAND (RESERVES) ACT 1978 10
12. Amendment of section 14B 10
PART 8--DECENTRALIZED INDUSTRY INCENTIVE
PAYMENTS ACT 1972 11
13. Repeal 11
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14. Savings 11
PART 9--DOCKLANDS AUTHORITY ACT 1991 12
15. Objectives of Authority 12
16. New section 57 inserted 12
57. Transitional provision 12
17. Schedule 1 substituted 12
PART 10--ETHNIC AFFAIRS COMMISSION ACT 1993 13
18. Principal Act 13
19. Change of title of Principal Act 13
20. Substitution of purpose of Principal Act 13
1. Purpose 13
21. Change in Commission's name 13
22. Construction of references 13
23. Transitional provision 14
PART 11--FINANCIAL MANAGEMENT ACT 1994 15
24. Amendment of section 40C 15
PART 12--FINANCIAL MANAGEMENT (CONSEQUENTIAL
AMENDMENTS) ACT 1994 16
25. Amendment consequential on repeal of Decentralized Industry
Incentive Payments Act 1972 16
PART 13--LAND CONSERVATION ACT 1970 17
26. Principal Act 17
27. Amendment of section 2 17
28. Amendment of section 3 17
29. Schedule inserted 17
30. Statute law revision 18
PART 14--LIVESTOCK DISEASE CONTROL ACT 1994 19
31. Livestock waste 19
32. New sections 9A and 9B inserted 19
9A. Identification of livestock 19
9B. Property identification numbers 19
33. Entry of diseased livestock products 20
34. Inspector's powers of disposal 20
35. Registered veterinary laboratories 21
36. Registration of beekeepers 21
37. Approval of payments from compensation funds 23
38. Bees compensation 23
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39. Cattle Compensation Fund 24
40. Cattle and Swine Compensation Funds 24
41. Cattle or pig stamp duty 25
42. Approved agents for stamp duties 25
43. New section 94A inserted 25
94A. Records of sales 25
44. Infringement notices 26
45. Liability for offences 26
46. Regulations 26
47. New sections 107A, 107B and 107C inserted 27
107A. Information collection 27
107B. Records of notifications etc. 27
107C. Secrecy 29
48. Statute law revision 30
PART 15--LOTTERIES GAMING AND BETTING ACT 1966 32
49. Principal Act 32
50. Amendment of section 5 32
51. Insertion of new section 5AAA 32
5AAA. Calcutta Sweepstakes 32
52. Betting houses 34
53. Betting house offences 34
54. Sports betting 34
55. Publication of betting information 35
56. Amendment of section 42 35
57. Insertion of new section 42A 35
42A. Certain communications etc. exempted 37
58. Amendment of regulation-making power 37
59. Statute law revision 37
60. Saving 38
PART 16--MAGISTRATES' COURT ACT 1989 39
61. Amendment consequential on amendment of Prostitution
Control Act 1994 39
PART 17--MELBOURNE AND OLYMPIC PARKS ACT 1985 40
62. Amendment of Schedule 40
PART 18--MISCELLANEOUS ACTS (HEALTH AND JUSTICE)
AMENDMENT ACT 1995 41
63. Statute law revision affecting Prostitution Control Act 1994 41
PART 19--POLICE REGULATION ACT 1958 42
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64. Amendment of section 4 42
65. New section 4AA inserted 42
4AA. Appointment of Acting Assistant Commissioner 42
66. Qualifications as to age of police reservists 43
67. Retirement of protective services offices not compulsory 43
PART 20--PROSTITUTION CONTROL ACT 1994 44
68. Principal Act 44
69. Definitions 44
70. New section 21A inserted 44
21A. Operating brothel other than in a building 44
71. Licence cancellation by Board 45
72. Declaration of non-building premises as proscribed brothel 45
73. Transitional provision 46
PART 21--RACING ACT 1958 47
74. Principal Act 47
75. Guarantee of bookmakers against betting defaults 47
76. Race-course licences 49
77. Racing-club licences 49
78. Race-course map 50
79. Insertion of new section 18 50
18. Picnic race-meetings 50
80. Amendment of section 19 51
81. Substitution of section 19A 52
19A. Restricted harness racing meetings 52
82. Substitution of section 20 53
20. Point-to-point steeplechases held by hunt clubs 53
83. Substitution of section 52A 54
52A. Plumpton coursing with mechanical quarry 54
84. Substitution of section 52B 55
52B. Greyhound racing permits 55
85. Harness races at agricultural shows 56
86. Abolition of bookmakers' course agents 56
87. Bookmaker's clerks 57
88. Issue of club bookmaker's licences 58
89. Insertion of new section 91A 59
91A. Controlling bodies may make rules 59
90. Statute law revision 60
91. Transitional 61
PART 22--STAMPS ACT 1958 63
92. Bookmakers 63
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PART 23--TEACHING SERVICE ACT 1981 64
93. Inquiries 64
94. Transitional provision 64
PART 24--THE DECENTRALIZATION ADVISORY
COMMITTEE ACT 1964 65
95. Repeal 65
PART 25--TRANSPORT ACCIDENT ACT 1986 66
96. New section 110A inserted 66
110A. Extension of operation of Regulations 66
97. Statute law revision 66
PART 26--TREASURY CORPORATION OF VICTORIA ACT
1992 67
98. Repeal of section 14 67
99. Transitional provisions 67
PART 27--VICTORIAN FUNDS MANAGEMENT
CORPORATION ACT 1994 68
100. New section 9A inserted 68
9A. Appointment and powers as fund manager 68
PART 28--VICTORIAN MANAGED INSURANCE AUTHORITY
ACT 1996 69
101. Amendment of section 25 69
102. Statute law revision 69
----------------
SCHEDULE 1 70
NOTES 69
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531093B.I1-15/10/96 BILL LA INTRODUCTION 15/10/96
A BILL
to amend the Agricultural and Veterinary Chemicals (Control of Use)
Act 1992, the Associations Incorporation Act 1981, the Borrowing and
Investment Powers Act 1987, the Casino Control Act 1991, the Crown
Lands Acts (Amendment) Act 1994, the Crown Land (Reserves) Act
1978, the Docklands Authority Act 1991, the Ethnic Affairs Commission
Act 1993, the Financial Management Act 1994, the Financial
Management (Consequential Amendments) Act 1994, the Land
Conservation Act 1970, the Livestock Disease Control Act 1994, the
Lotteries Gaming and Betting Act 1966, the Magistrates' Court Act
1989, the Melbourne and Olympic Parks Act 1985, the Miscellaneous
Acts (Health and Justice) Amendment Act 1995, the Police Regulation
Act 1958, the Prostitution Control Act 1994, the Racing Act 1958, the
Stamps Act 1958, the Teaching Service Act 1981, the Transport Accident
Act 1986, the Treasury Corporation of Victoria Act 1992, the Victorian
Funds Management Corporation Act 1994 and the Victorian Managed
Insurance Authority Act 1996 and to repeal the Decentralized Industry
Incentive Payments Act 1972 and the The Decentralization Advisory
Committee Act 1964 and for other purposes.
Miscellaneous Acts (Further Omnibus
Amendments) Act 1996
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s. 1
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make amendments to
various Acts.
5 2. Commencement
(1) Except as otherwise provided in this section, this
Act comes into operation on the day on which it
receives the Royal Assent.
(2) Part 6 is deemed to have come into operation on
10 the day on which the Crown Lands Acts
(Amendment) Act 1994 received the Royal
Assent.
(3) Section 63 is deemed to have come into operation
on 5 December 1995.
15 (4) Part 17 is deemed to have come into operation on
the day on which section 17 of the Melbourne
and Olympic Parks (Amendment) Act 1995
came into operation.
(5) Sections 50, 51, 54(2), 55(3), 56, 57, 58, 60, 75 to
20 84, 86, 87 and 91 and Part 22 come into operation
on a day or days to be proclaimed.
(6) If a provision referred to in sub-section (5) does
not come into operation before 1 July 1997, it
comes into operation on that day.
25 _______________
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s. 3
Act No.
PART 2--AGRICULTURAL AND VETERINARY
CHEMICALS (CONTROL OF USE) ACT 1992
No. 46/1992 3. Notification of contaminated stock
as amended
by Nos
After section 56(3) of the Agricultural and
31/1994 and
5 Veterinary Chemicals (Control of Use) Act
73/1994.
1992 insert--
"(4) If the result of the testing of any stock, land
or agricultural produce under this section
shows that the stock, land or agricultural
10 produce is contaminated, the person who
carried out the test of that stock, land or
agricultural produce must notify the
Secretary or an authorised officer of that
contamination within the prescribed time and
15 in the prescribed manner.".
4. New sections 62A and 62B inserted
After section 62 of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992 insert--
20 "62A. Records of notices etc.
(1) The Secretary must keep records of notices
under section 56(1) and (4).
(2) Records maintained by the Secretary under
sub-section (1) may be made available by the
25 Secretary in the form that does not identify
individuals, properties or premises to any
person or body who applies in writing for the
information.
(3) Records maintained by the Secretary under
30 sub-section (1) may be made available to--
(a) any person, body or organisation
prescribed by the regulations; or
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s. 4
Act No.
(b) any officer or employee of a
government department, agency or
public statutory authority of the
Commonwealth or a State or Territory
5 of the Commonwealth employed in the
administration of this Act, the
Livestock Disease Control Act 1994,
the Stock (Seller Liability and
Declarations) Act 1993 or any Act of
10 the Commonwealth or a State or
Territory of the Commonwealth
prescribed by the regulations--
subject to any conditions specified by the
Secretary.
15 (4) Records maintained by the Secretary under
sub-section (1) may also be made available
by the Secretary subject to any conditions
specified by the Secretary to--
(a) any person or body if the owner of the
20 stock, land or agricultural produce
referred to in the records or any other
person mentioned in the records
consents in writing to the release of the
information; or
25 (b) to any person or body nominated by the
owner of the stock, land or agricultural
produce or any person referred to in the
records as carrying out services on
behalf of or as agent for the owner or
30 the person referred to in the records;
(c) to any person or body if the Secretary is
satisfied that it is in the public interest
that the information should be released
to that person or body.
35 (5) The Secretary may charge a fee fixed by the
Secretary by notice published in the
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s. 4
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Government Gazette for access to, or copies
or extracts from, any records maintained by
the Secretary under this section.
62B. Secrecy
5 (1) A person who has at any time--
(a) exercised a power or discharged a
function under this Act or the
Regulations; or
(b) been employed for the purposes of, or
10 in connection with, the administration
of this Act or the Regulations--
must not divulge or communicate to any
person or publish any information referred to
in section 62A unless the divulgence,
15 communication or publication is made in
accordance with that section.
Penalty: 60 penalty units.
(2) A person or body to whom information is
made available under section 62A and a
20 person or employee under the control of that
person or body, is subject, in respect of that
information, to the same rights, privileges,
obligations and liabilities under this section
as if that person, body or employee were a
25 person referred to in sub-section (1).".
_______________
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Act No.
PART 3--ASSOCIATIONS INCORPORATION ACT 1981
5. Principal Act
No. 9713.
In this Part, the Associations Incorporation Act Reprinted to
1981 is called the Principal Act. No. 14/1995.
5 6. Removal of age limits
(1) In sections 4(1)(a), 10(3)(a)(iii) and 31(3)(d)(ia)
of the Principal Act, omit "but not the age of 72
years".
(2) In section 25(2)(a) of the Principal Act, omit
10 "and, unless appointed by a resolution under sub-
section (2B), has not attained the age of 72 years".
(3) In section 25 of the Principal Act, sub-sections
(2A) and (2B) are repealed.
_______________
15
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Act No.
PART 4--BORROWING AND INVESTMENT POWERS ACT
1987
7. Victorian Plantations Corporation
No. 13/1987. In item 23 in Schedule 1 to the Borrowing and
Reprinted to
5 Investment Powers Act 1987, after "10," insert
No. 106/1995
and "11,".
subsequently
amended by
Nos 4/1996 _______________
and 11/1996.
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s. 8
Act No.
PART 5--CASINO CONTROL ACT 1991
No. 47/1991.
8. Principal Act Reprinted to
No. 93/1995
In this Part, the Casino Control Act 1991 is and
called the Principal Act. subsequently
amended by
No. 17/1996.
5 9. Premium player arrangement
In section 3(1) of the Principal Act, in the
definition of "premium player arrangement", after
"casino" (where last occurring) insert "or
otherwise calculated by reference to such play".
10 10. Credit betting
In section 68 of the Principal Act, after sub-
section (7) insert--
"(8) Despite sub-section (2), a casino operator
may provide chips on credit to a person who
15 is not ordinarily resident in Australia for use
while participating in--
(a) a premium player arrangement with the
casino operator; or
(b) a junket at the casino--
20 if the casino operator and the person satisfy
the requirements of any relevant controls and
procedures approved by the Authority under
section 121 in respect of a premium player or
a junket player (as the case may be).".
25 __________________
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Act No.
PART 6--CROWN LANDS ACTS (AMENDMENT) ACT 1994
11. Amendment of section 20
No. 96/1994. In section 20 of the Crown Land Acts
(Amendment) Act 1994, for "sub-divisions 1, 2,
5 4 and 5 are repealed" substitute "sub-divisions 1,
2 and 5 are repealed and sub-division 4 (other
than section 61(2), (2A) and (3)) is repealed".
_______________
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s. 12
Act No.
PART 7--CROWN LAND (RESERVES) ACT 1978
12. Amendment of section 14B
No. 9212.
In section 14B(4) of the Crown Land (Reserves) Reprinted to
Act 1978, after "a period of" insert "up to". No. 67/1995.
5 _______________
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s. 13
Act No.
PART 8--DECENTRALIZED INDUSTRY INCENTIVE
PAYMENTS ACT 1972
13. Repeal
No. 8383. The Decentralized Industry Incentive Payments
Reprinted to
5 Act 1972 is repealed.
No. 9882 and
subsequently
amended by
Nos 10223,
45/1987 and
14. Savings
31/1994.
(1) The repeal of the Decentralized Industry
Incentive Payments Act 1972 does not affect the
operation, continuity or effect of any agreement
10 made under section 2B of that Act and in force
immediately before that repeal and that Act
continues to apply in respect of any such
agreement as if that Act had not been repealed.
(2) The provisions of sub-section (1) are in addition
15 to, and not in derogation from, the Interpretation
of Legislation Act 1984.
_______________
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s. 15
Act No.
PART 9--DOCKLANDS AUTHORITY ACT 1991
15. Objectives of Authority
No. 22/1991.
In section 9(1) of the Docklands Authority Act Reprinted to
1991 after "area" insert "and to complete its No. 107/1995
and
5 involvement in that development by 31 December subsequently
2005". amended by
No. 9/1996.
16. New section 57 inserted
After section 56 of the Docklands Authority Act
1991 insert--
10 "57. Transitional provision
Until the publication in the Government
Gazette of an Order approving a plan under
section 4(3), the docklands area must be
taken to be the area shown hatched on the
15 plan in Schedule 1 as amended by the
Miscellaneous Acts (Further Omnibus
Amendments) Act 1996.".
17. Schedule 1 substituted
For the plan in Schedule 1 to the Docklands
20 Authority Act 1991 substitute the plan of the
docklands area shown in Schedule 1 to this Act.
_______________
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s. 18
Act No.
PART 10--ETHNIC AFFAIRS COMMISSION ACT 1993
18. Principal Act
No. 26/1993. In this Part, the Ethnic Affairs Commission Act
1993 is called the Principal Act.
5 19. Change of title of Principal Act
In the title of the Principal Act, for "Ethnic
Affairs" substitute "Victorian Multicultural".
20. Substitution of purpose of Principal Act
For section 1 of the Principal Act substitute--
10 "1. Purpose
The purpose of this Act is to create the
Victorian Multicultural Commission.".
21. Change in Commission's name
In section 3 of the Principal Act, for "Ethnic
15 Affairs" substitute "Victorian Multicultural".
22. Construction of references
(1) In this section "relevant document" means--
(a) an Act; or
(b) a subordinate instrument within the meaning
20 of the Interpretation of Legislation Act
1984; or
(c) any document whatsoever.
(2) In relation to any period occurring on or after the
commencement of this Part and unless
25 inconsistent with the context or subject matter, a
reference in a relevant document--
(a) to the Ethnic Affairs Commission Act 1993
must be taken to be a reference to the
Victorian Multicultural Commission Act
30 1993;
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s. 23
Act No.
(b) to the Ethnic Affairs Commission must be
taken to be a reference to the Victorian
Multicultural Commission.
23. Transitional provision
5 Despite the change in name of the Commission
established by the Principal Act, the Commission
continues to be the same body after as before its
change in name and no act, matter or thing is
affected by that change.
10 _______________
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s. 24
Act No.
PART 11--FINANCIAL MANAGEMENT ACT 1994
24. Amendment of section 40C
No. 18/1994. In section 40C of the Financial Management Act
Reprinted to
1994--
No. 43/1995
and
5 (a) after "indemnity to" insert "a person who is
subsequently
amended by
or has been";
Nos 100/1995,
104/1995 and
(b) for "eligible director as an officer"
106/1995.
substitute "person as an officer, or former
officer,".
10 _______________
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s. 25
Act No.
PART 12--FINANCIAL MANAGEMENT (CONSEQUENTIAL
AMENDMENTS) ACT 1994
25. Amendment consequential on repeal of Decentralized
Industry Incentive Payments Act 1972
No. 31/1994.
5 In the Financial Management (Consequential
Amendments) Act 1994, item 17 in Schedule 1 is
repealed.
_______________
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s. 26
Act No.
PART 13--LAND CONSERVATION ACT 1970
26. Principal Act
No. 8008. In this Part, the Land Conservation Act 1970 is
Reprinted to
called the Principal Act.
No. 36/1992
and
subsequently
amended by
Nos 18/1994,
32/1994 and
52/1994.
5 27. Amendment of section 2
In section 2(1) of the Principal Act, in paragraph
(a) of the definition of "public land", for "City
Council or Rural City Council" substitute
"metropolitan municipal council specified in the
10 Schedule".
28. Amendment of section 3
In section 3(1)(h) of the Principal Act, for "whose
municipal district lies wholly or partly outside the
metropolis (as defined in the Melbourne and
15 Metropolitan Board of Works Act 1958)"
substitute "other than a metropolitan municipal
council specified in the Schedule".
29. Schedule inserted
At the end of the Principal Act insert--
20 "SCHEDULE
METROPOLITAN MUNICIPAL COUNCILS
Banyule Casey
Bayside Darebin
Boroondara Frankston
Brimbank Glen Eira
Greater Dandenong Monash
Hobsons Bay Moonee Valley
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Hume Moreland
Kingston Port Phillip
Knox Stonnington
Manningham Whitehorse
Maribyrnong Whittlesea
Maroondah Wyndham
Melbourne Yarra.".
30. Statute law revision
The Principal Act is amended as follows--
(a) in sections 3(1)(b) and (d) and 4(1), (3) and
(4), for "Public Service Act 1974"
5 substitute "Public Sector Management
Act 1992";
(b) in sections 3(3) and 4(2), for "employé"
substitute "employee";
(c) in sections 4(1) and 4(4), for "employés"
10 substitute "employees".
_______________
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s. 31
Act No.
PART 14--LIVESTOCK DISEASE CONTROL ACT 1994
31. Livestock waste
No. 115/1994 In section 3 of the Livestock Disease Control
as amended
Act 1994, in the definition of "livestock product"
by Nos
92/1995 and
5 after paragraph (e) insert--
104/1995.
"(f) the secretions, excretions, manure and other
wastes of livestock;".
32. New sections 9A and 9B inserted
After section 9 of the Livestock Disease Control
10 Act 1994 insert--
"9A. Identification of livestock
(1) The owner of any prescribed livestock or
livestock of a prescribed species or class
must take reasonable steps to ensure that the
15 livestock is tagged, marked or branded at the
times and in the circumstances prescribed by
the regulations with an identification code or
number allocated by the Secretary under
section 9B relating to the property where the
20 livestock is normally kept.
Penalty: 5 penalty units.
(2) If any prescribed livestock or livestock of a
prescribed species or class has been tagged,
marked or branded in accordance with sub-
25 section (1), a person must not remove that
tag from the livestock or deface, obliterate or
alter the mark or brand except in accordance
with the regulations.
Penalty: 5 penalty units.
30 9B. Property identification numbers
(1) A person who owns any prescribed livestock
or any livestock of a prescribed species or
19
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s. 33
Act No.
class must apply to the Secretary for the
allocation of a code or number which
identifies the land where that livestock is
kept or proposed to be kept.
5 Penalty: 5 penalty units.
(2) An application under sub-section (1) must
be--
(a) made in the prescribed manner; and
(b) accompanied by the fee (if any) fixed
10 by the Minister.
(3) The Secretary must issue a property
identification code or number to a person
who has applied in accordance with this
section.
15 (4) A property code or identification number
remains in force for any period between 1
and 3 years that is specified by the Secretary
with respect to any property identification
code or number issued by the Secretary.".
20 33. Entry of diseased livestock products
In section 10(1) of the Livestock Disease Control
Act 1994 after "livestock" insert "or diseased
livestock product".
34. Inspector's powers of disposal
25 (1) In section 15(1) of the Livestock Disease Control
Act 1994 for all words after paragraph (b)
substitute--
"the inspector may--
(c) dispose of, or order to be disposed of, the
30 livestock or livestock product; or
(d) destroy, or order to be destroyed, the
livestock or livestock product.".
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s. 35
Act No.
(2) In section 15(2) of the Livestock Disease Control
Act 1994 after "destroy" insert "or dispose of".
35. Registered veterinary laboratories
After section 16(3) of the Livestock Disease
5 Control Act 1994 insert--
"(4) The owner or person in charge of premises
registered as a veterinary diagnostic
laboratory must ensure that the facilities and
operational practices of the laboratory
10 comply with any prescribed standards of
accreditation for veterinary diagnostic
laboratories.
Penalty: 60 penalty units.
(5) The owner or person in charge of premises
15 registered as a veterinary diagnostic
laboratory must comply with any direction of
the Secretary to take part in any program to
test the proficiency of the facilities and
operational practices used in the laboratory
20 or to do so jointly or collaboratively with
any other veterinary diagnostic laboratory.
Penalty: 10 penalty units.".
36. Registration of beekeepers
(1) In section 48(1) of the Livestock Disease Control
25 Act 1994 for "60 penalty units" substitute "5
penalty units".
(2) After section 48(4) of the Livestock Disease
Control Act 1994 insert--
"(5) A person who is registered as a beekeeper
30 under a corresponding provision of an Act of
another State or Territory is not required to
be registered as a beekeeper under this Act
for any period not exceeding 3 months
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during which the person keeps bees in
Victoria.".
22
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37. Approval of payments from compensation funds
(1) In sections 67(2), 72(2) and 81(2) of the
Livestock Disease Control Act 1994 for "The
appropriate Minister, on the recommendation of
5 the Minister," substitute "The Minister".
(2) In sections 67(3), 72(3) and 81(3) of the
Livestock Disease Control Act 1994 for
"recommendation" substitute "payment".
38. Bees compensation
10 (1) At the end of section 69(1) of the Livestock
Disease Control Act 1994 insert--
"--
in circumstances determined by Order of the
Governor in Council.".
15 (2) In section 69(3) of the Livestock Disease Control
Act 1994--
(a) after paragraphs (a)(b)(c) and (d) insert
"and";
(b) after paragraph (d) insert--
20 "(e) in the case of the destruction or
disinfection of any bees, livestock,
product of bees, fitting or other article
must not exceed the maximum amount
of compensation payable for that
25 destruction or disinfection determined
by Order of the Governor in Council.".
(3) After section 70(2)(a) of the Livestock Disease
Control Act 1994 insert--
"(ab) the circumstances in which compensation
30 should be payable under this Division;
(ac) the maximum amount of compensation
which should be payable under this Division
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for the destruction or disinfection of bees,
livestock products of bees, fittings or other
articles;".
39. Cattle Compensation Fund
5 In section 72(2)(a) of the Livestock Disease
Control Act 1994 after "cattle" insert "or of any
other Act administered by the Minister that
requires the identification of cattle".
40. Cattle and Swine Compensation Funds
10 (1) In section 75 of the Livestock Disease Control
Act 1994 after paragraph (d) insert--
"(e) to the owner of any cattle destroyed by, or by
order of, an inspector under this Act
because--
15 (a) the cattle are suffering from or
suspected of suffering from a disease
which is declared to be an exotic
disease after their destruction; or
(b) the cattle are suspected of suffering
20 from an exotic disease but after
destruction are found not to be
suffering from an exotic disease.".
(2) In section 83 of the Livestock Disease Control
Act 1994 after paragraph (d) insert--
25 "(e) to the owner of any pigs destroyed by, or by
order of, an inspector under this Act
because--
(a) the pigs are suffering from or suspected
of suffering from a disease which is
30 declared to be an exotic disease after
their destruction; or
(b) the pigs are suspected of suffering from
an exotic disease but after destruction
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are found not to be suffering from an
exotic disease.".
41. Cattle or pig stamp duty
In section 92 of the Livestock Disease Control
5 Act 1994--
(a) in sub-section (1)(c), for "by registered post
to the Commissioner of State Revenue"
substitute "by post to the purchaser of the
cattle or calves or the carcases of cattle";
10 (b) in sub-section (2)(c) for "by registered post
to the Commissioner of State Revenue"
substitute "by post to the purchaser of the
pigs or carcases of pigs".
42. Approved agents for stamp duties
15 In section 94(1) of the Livestock Disease Control
Act 1994 after "stock and station agent" insert ",
an abattoir operator, a feedlot operator, a cattle
scale operator, a calf dealer or any other
prescribed business dealing with the buying or
20 selling of livestock or the carcases of livestock".
43. New section 94A inserted
After section 94 of the Livestock Disease
Control Act 1994 insert--
"94A. Records of sales
25 A person who--
(a) is an approved agent under section 94
or carries on business as a stock and
station agent, an abattoir operator, a
feedlot operator, a cattle scale operator,
30 a calf dealer or any prescribed business
dealing with the buying or selling of
livestock or the carcases of livestock;
and
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(b) sells any livestock of a prescribed
species or class--
must ensure that the prescribed particulars
about the sale of that livestock are--
5 (c) recorded; and
(d) supplied to the person who purchased
the livestock if that person is a
prescribed purchaser or of a prescribed
class of purchasers; and
10 (e) made available for inspection by an
inspector during the period of 7 years
after the date of the sale.
Penalty: 5 penalty units.".
44. Infringement notices
15 In section 126(1) of the Livestock Disease
Control Act 1994--
(a) for "section 9 or 51(1) or (2)" substitute
"section 9, 9A, 9B, 48(1), 51(1) or (2) or
94A";
20 (b) after "this Act" insert "or an offence against
the regulations prescribed for the purposes of
this section".
45. Liability for offences
In section 134(3) of the Livestock Disease
25 Control Act 1994 for "incorporated" substitute
"unincorporated".
46. Regulations
In section 139(2)(e)(i) of the Livestock Disease
Control Act 1994 after "then" insert "or as
30 amended and in force from time to time".
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47. New sections 107A, 107B and 107C inserted
After section 107 of the Livestock Disease
Control Act 1994 insert--
"107A. Information collection
5 The functions of the Secretary under this Act
include--
(a) the establishment of an information
system which includes records required
to be kept by the Secretary under this
10 Act, the Agricultural and Veterinary
Chemicals (Control of Use) Act 1992
and the Stock (Seller Liability and
Declarations) Act 1993;
(b) the analysis of the information and the
15 publication of the information in
accordance with this Act or the Act
under which the records are required or
authorised to be kept and maintained by
the Secretary.
20 107B. Records of notifications etc.
(1) The Secretary must keep and maintain
records of--
(a) notifications given to the Secretary
under section 7;
25 (b) applications for property identification
numbers or codes allocated by the
Secretary under regulations made for
the purposes of section 9 and the codes
or numbers allocated under those
30 provisions;
(c) applications for property identification
codes or numbers under section 9B and
the codes or numbers allocated under
that section;
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(d) applications for registration under
section 48;
(e) applications for compensation under
Part 5;
5 (f) records of notification under sections
11 and 12 of the Stock Diseases Act
1968 in the possession or under the
control of the Secretary immediately
before the repeal of that Act;
10 (g) records in the possession or under the
control of the Secretary under the Bees
Act 1971 immediately before its repeal;
(2) Records maintained by the Secretary under
sub-section (1) may be made available by the
15 Secretary in the form that does not identify
individuals, properties or premises to any
person or body who applies in writing for the
information.
(3) Records maintained by the Secretary under
20 sub-section (1)(a) or (f) may be made
available by the Secretary subject to any
conditions specified by the Secretary to--
(a) any person or body if the owner of the
livestock, property or premises referred
25 to in the records or any other person
mentioned in the records consents in
writing to the release of the
information; or
(b) to any person or body nominated by the
30 owner of the livestock, property or
premises, or any person referred to in
the records as carrying out services on
behalf of or as agent for the owner or
the person referred to in the records; or
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(c) to any person or body if the Secretary is
satisfied that it is in the public interest
that the information should be released
to that person or body.
5 (4) Records maintained by the Secretary under
sub-section (1)(b), (c), (d), (e) or (g) may be
made available to--
(a) any person, body or organisation
prescribed by the regulations; or
10 (b) any officer or employee of a
government department, agency or
public statutory authority of the
Commonwealth or a State or Territory
of the Commonwealth employed in the
15 administration of this Act, the
Agricultural and Veterinary
Chemicals (Control of Use) Act 1992,
the Stock (Seller Liability and
Declarations) Act 1993 or any
20 prescribed Act of the Commonwealth
or a State or Territory of the
Commonwealth--
subject to any conditions specified by the
Secretary.
25 (5) The Secretary may charge a fee fixed by the
Secretary by notice published in the
Government Gazette for access to, or copies
or extracts from, any records maintained by
the Secretary under this section.
30 107C. Secrecy
(1) A person who has at any time--
(a) exercised a power or discharged a
function under this Act or the
regulations; or
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(b) been employed for the purposes of, or
in connection with, the administration
of this Act or the regulations--
must not divulge or communicate to any
5 person or publish any information referred to
in section 107B unless the divulgence,
communication or publication is made in
accordance with that section.
Penalty: 60 penalty units
10 (2) A person or body to whom information is
made available under section 107B, and a
person or emloyee under the control of that
person or body, is subject, in respect of that
information, to the same rights, privileges,
15 obligations and liabilities under this section
as if that person, body or employee were a
person referred to in sub-section (1).".
48. Statute law revision
The Livestock Disease Control Act 1994 is
20 amended as follows--
(a) after section 14(1)(b) insert "or";
(b) in section 29(3)(b) after "exposure" insert
"of";
(c) in section 90(2)(a) for "a persons" substitute
25 "a person";
(d) in section 139(4) for "1962" substitute
"1994";
(e) in item 4(e) of Schedule 1 for "it" substitute
"if";
30
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(f) in item 4 of Schedule 2--
(i) for "3.1" substitute "4.1";
(ii) for "3.2" substitute "4.2";
(iii) for "3.3" substitute "4.3";
5 (g) in item 5 of Schedule 2--
(i) for "4.1" substitute "5.1";
(ii) for "4.2" substitute "5.2".
_______________
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PART 15--LOTTERIES GAMING AND BETTING ACT 1966
49. Principal Act
No. 7429.
In this Part, the Lotteries Gaming and Betting Reprinted to
Act 1966 is called the Principal Act. No. 44/1995
and
subsequently
amended by
No. 17/1996.
5 50. Amendment of section 5
In section 5(4) of the Principal Act, for paragraph
(e) substitute--
"(e) to a Calcutta Sweepstake conducted by a
club if the club is authorised by an approval
10 issued under section 5AAA and the
conditions of the approval are observed.".
51. Insertion of new section 5AAA
After section 5 of the Principal Act insert--
"5AAA. Calcutta Sweepstakes
15 (1) A club may apply to the Minister for
approval to conduct Calcutta Sweepstakes.
(2) An application must be accompanied by the
prescribed fee.
(3) The Minister may issue an approval under
20 this section and for that purpose may take
into account any matter that the Minister
considers relevant.
(4) Without limiting sub-section (3), the
Minister may consider--
25 (a) whether the club is conducted in good
faith; and
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(b) whether the club has contravened any
law relating to gaming or betting; and
(c) the types of sporting contingency on
which the club wishes to conduct
5 Calcutta Sweepstakes.
(5) An approval is subject to the following
conditions--
(a) the Calcutta Sweepstakes may be
conducted only with respect to sporting
10 contingencies;
(b) subscriptions may be canvassed or
made only on the club premises;
(c) participation must be limited to
members and their guests;
15 (d) not more than 5% of the proceeds of
each sweepstake may be retained by the
club for its expenses of conducting the
sweepstake and the whole of the
remainder must be distributed as prizes
20 among the participants;
(e) no written notice or advertisement of a
Calcutta Sweepstake may be exhibited,
distributed or published except a notice
exhibited on the premises of the club
25 and a circular to members advising of
the intention to conduct the sweepstake;
(f) a Calcutta Sweepstake must be
conducted in accordance with the
regulations;
30 (g) any other conditions that the Minister
thinks fit.
(6) An approval under this section is not
transferable to any other club.
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(7) The Minister may suspend or revoke an
approval for any just and reasonable cause
stated in writing.
(8) Without limiting sub-section (7), the
5 Minister may suspend or revoke an approval
if the holder of the approval has contravened
this Act or the regulations or a condition of
the approval.".
52. Betting houses
10 (1) In section 17(1) of the Principal Act, after
paragraph (a) insert--
"(ab) For the purpose of taking instructions for the
placement of bets on behalf of any person;".
(2) In section 17(1)(b) of the Principal Act, for
15 "contingency; or" (where last occurring)
substitute--
"contingency--
except for the purpose of paying or receiving
money in settlement of bets lawfully made under
20 the Racing Act 1958 or this Act by or on behalf
of a bookmaker registered under the Racing Act
1958; or".
53. Betting house offences
(1) In section 18 of the Principal Act, in paragraph (a)
25 of the penalty set out at the foot of sub-section (1),
after "receiving the bets" insert "or the value of
all bets instructed to be placed".
(2) In section 19 of the Principal Act, after "deposit
on any bet" insert "or any bet instructed to be
30 placed".
54. Sports betting
(1) In section 38(2) of the Principal Act--
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(a) for "the Victorian Wheelman's League"
substitute "Victorian Cycling Incorporated";
and
(b) for "that League" substitute "the League or
5 Victorian Cycling Incorporated".
(2) After section 38(2) of the Principal Act insert--
"(2A) An application to the authorised officer for
approval under sub-section (2) of foot races
and bicycle races must be accompanied by
10 the prescribed fee.".
55. Publication of betting information
(1) In section 40(1)(e)(i) of the Principal Act--
(a) after "sporting contingency" (where first
occurring) insert ", or on sporting
15 contingencies generally or on any class of
sporting contingency,"; and
(b) after "sporting contingency" (wherever else
occurring) insert "or contingencies or class
of sporting contingency".
20 (2) In paragraph (b) of the first proviso to section
40(1) of the Principal Act, omit "outside
Victoria".
(3) In section 40 of the Principal Act, after sub-
section (3B) insert--
25 "(3BA) An application to the Minister for approval
under sub-section (3B) must be accompanied
by the prescribed fee.".
56. Amendment of section 42
In section 42 of the Principal Act, sub-section (2)
30 is repealed.
57. Insertion of new section 42A
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In Division 6 of Part IV of the Principal Act, after
section 42 insert--
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"42A. Certain communications etc. exempted
(1) Despite the provisions of this Division, a
person may communicate, publish or
transmit betting odds in accordance with an
5 approval under sub-section (2).
(2) The Minister may, by order published in the
Government Gazette, approve the
communication or publication or
transmission by any means of the betting
10 odds prevailing at a race-meeting.
(3) The Minister may make an approval--
(a) either general or limited in its
application; and
(b) subject to conditions.
15 (4) The Minister may by order published in the
Government Gazette--
(a) add, omit or vary a condition at any
time; and
(b) revoke an approval.".
20 58. Amendment of regulation-making power
In section 86(1) of the Principal Act, after
paragraph (c) insert--
"(ca) Calcutta Sweepstakes;".
59. Statute law revision
25 (1) In Division 1 of Part I of the Principal Act, for
"5A. Banking" substitute "5AA. Banking".
(2) In section 6(7)(a) of the Principal Act, after
"section;" insert "and".
(3) In section 6FZA(2)(a) of the Principal Act, for ",
30 of the holder of" substitute ", or the holder of".
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60. Saving
A permit issued under section 5(4)(e) of the
Principal Act as in force immediately before the
commencement of this section to conduct a
5 Calcutta Sweepstake after that commencement
continues in force as if this Act had not been
enacted.
_______________
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PART 16--MAGISTRATES' COURT ACT 1989
61. Amendment consequential on amendment of
Prostitution Control Act 1994
No. 51/1989. In Schedule 4 to the Magistrates' Court Act
Reprinted to
5 1989, before item 48B insert--
No. 99/1995.
"48AB. Operating brothel other than in a building
Offences under section 21A(1) of the Prostitution
Control Act 1994.".
_______________
10
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PART 17--MELBOURNE AND OLYMPIC PARKS ACT 1985
62. Amendment of Schedule
No. 10206.
In Part 5 of the Schedule to the Melbourne and Reprinted to
Olympic Parks Act 1985, omit the Column No. 34/1995.
5 headed "Extent of Revocation".
_______________
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PART 18--MISCELLANEOUS ACTS (HEALTH AND
JUSTICE) AMENDMENT ACT 1995
63. Statute law revision affecting Prostitution Control Act
1994
No. 99/1995.
5 In section 24 of the Miscellaneous Acts (Health
and Justice) Amendment Act 1995--
(a) for "after item 48" substitute "before item
49";
(b) for "48A." substitute "48C.".
10 _______________
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Act No.
PART 19--POLICE REGULATION ACT 1958
64. Amendment of section 4
No. 6338.
(1) In section 4 of the Police Regulation Act 1958 Reprinted to
for sub-section (3) substitute-- No. 35/1993,
subsequently
5 "(3) The Governor in Council may appoint a amended by
Nos 23/1994,
member of the force to be an Acting Deputy 120/1994,
Commissioner during a suspension or 42/1995,
4/1996,
temporary absence of a Deputy 23/1996.
Commissioner.";
10 (2) In section 4 of the Police Regulation Act 1958--
(a) in sub-section (4) omit "or Acting Assistant
Commissioner";
(b) in sub-section (4)(b) omit "or Assistant
Commissioner";
15 (c) sub-section (6) is repealed.
65. New section 4AA inserted
After section 4 of the Police Regulation Act 1958
insert--
"4AA. Appointment of Acting Assistant
20 Commissioner
(1) The Chief Commissioner may appoint a
member of the force to be an Acting
Assistant Commissioner--
(a) while an office of Assistant
25 Commissioner is vacant; or
(b) during any period when an Assistant
Commissioner is suspended, sick or
absent from office.
(2) An Acting Assistant Commissioner while so
30 acting has all the responsibilities, powers,
authorities and duties and may perform all
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the functions of the Assistant Commissioner
in whose place he or she acts.
(3) The Chief Commissioner may, at any time,
revoke the appointment of a member of the
5 force as an Acting Assistant
Commissioner.".
66. Qualifications as to age of police reservists
Section 104(a) of the Police Regulation Act 1958
is repealed.
10 67. Retirement of protective services offices not
compulsory
Section 118I of the Police Regulation Act 1958 is
repealed.
_______________
15
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PART 20--PROSTITUTION CONTROL ACT 1994
68. Principal Act
No. 102/1994.
In this Part, the Prostitution Control Act 1994 is Reprinted to
called the Principal Act. No. 99/1995.
5 69. Definitions
In section 3 of the Principal Act, after the
definition of "brothel" insert--
' "building" means building or other structure
permanently affixed to land, other than land
10 covered with water, but does not include--
(a) a building or structure that is of a
temporary nature or that is readily
capable of being moved or transported
from place to place; and
15 (b) a vehicle within the meaning of the
Road Safety Act 1986; and
(c) a railway locomotive or railway rolling
stock; and
(d) a vessel within the meaning of the
20 Marine Act 1988; and
(e) an aircraft of any type;'.
70. New section 21A inserted
In Part 2 of the Principal Act, after section 21
insert--
25 '21A. Operating brothel other than in a building
(1) A person must not carry on business as a
prostitution service provider of a kind
referred to in the definition of "brothel" in
section 3 at premises--
30 (a) for which there is not in force a permit
granted under the Planning and
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Environment Act 1987 for their use or
development for the purposes of the
operation of a brothel; and
(b) that are not a building or part of a
5 building.
Penalty: 360 penalty units or imprisonment
for 3 years or both.
(2) An offence against sub-section (1) is an
indictable offence.'.
10 71. Licence cancellation by Board
In section 47(2) of the Principal Act, after
paragraph (e) insert--
"; or
(f) the licensee has contravened this Act and the
15 contravention is, in the opinion of the Board,
of a serious nature.".
72. Declaration of non-building premises as proscribed
brothel
(1) In section 80(1) of the Principal Act, after
20 paragraph (a) insert--
"(ab) on the application of an authorised member
of the police force, that a person is carrying
on business on those premises in
contravention of section 21A(1)(b); or".
25 (2) In section 84(1) of the Principal Act, after
paragraph (a) insert--
"(ab) used for the purposes of the operation of a
brothel in contravention of section
21A(1)(b); or".
30
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73. Transitional provision
The Principal Act as amended by section 71
applies in relation to--
(a) contraventions of that Act irrespective of
5 whether they occurred before or after the
commencement of that section; and
(b) licences irrespective of whether they were
granted before or after the commencement of
that section.
10 _______________
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Act No.
PART 21--RACING ACT 1958
74. Principal Act
No. 6353. In this Part, the Racing Act 1958 is called the
Reprinted to
Principal Act.
No. 83/1995
and
subsequently
amended by
No. 17/1996.
5 75. Guarantee of bookmakers against betting defaults
(1) In section 94A of the Principal Act, before
sub-section (1) insert--
'(1AA) In this section--
"determined amount", in relation to a
10 bond, class of registered bookmaker or
class of wager, means the amount
determined by Order under sub-section
(2B) in respect of that bond, class of
registered bookmaker or class of wager;
15 "registered bookmaker" includes an
approved substitute of the registered
bookmaker.'.
(2) In section 94A(1) of the Principal Act, for
"amount of $200 000" substitute "determined
20 amount".
(3) In section 94A of the Principal Act, for sub-
section (2) substitute--
"(2) A bond remains in force, after being lodged
with the Committee, until revoked by notice
25 in writing by the company addressed to the
chairman of the Committee.
(2A) A bond may limit the liability of the
company--
(a) in relation to each registered
30 bookmaker who is a member of a class
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determined by Order under sub-section
(2B), to the payment, in respect of all
defaults by that registered bookmaker
in the payment of wagers (not being
5 defaults to which paragraph (b)
applies)--
(i) of a total amount of not less than
the determined amount in respect
of that class of registered
10 bookmaker; or
(ii) if the registered bookmaker is a
member of more than one class, of
a total amount of not less than the
highest determined amount in
15 respect of those classes of
registered bookmaker; and
(b) in relation to each registered
bookmaker, to the payment, in respect
of all defaults by that registered
20 bookmaker in the payment of wagers of
a class determined by Order under sub-
section (2B), of a total amount of not
less than the determined amount in
respect of that class of wager.
25 (2B) The Governor in Council may by Order
published in the Government Gazette
determine, for the purposes of this section--
(a) the amount of a bond referred to in sub-
section (1); and
30 (b) classes of registered bookmaker and an
amount in respect of each class; and
(c) classes of wager and an amount in
respect of each class.".
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76. Race-course licences
(1) In section 24 of the Principal Act, sub-section (2)
is repealed.
(2) In section 24 of the Principal Act, for sub-section
5 (4) substitute--
"(4) Subject to sub-section (5), a licence may be
subject to any conditions that the Minister
thinks fit.".
(3) In section 24 of the Principal Act, for sub-sections
10 (6) and (7) substitute--
"(6) A licence remains in force until it is
cancelled or surrendered.
(7) The Minister--
(a) may cancel a licence for any just and
15 reasonable cause stated in writing; and
(b) must cancel a licence if the Minister is
satisfied that the race-course in respect
of which the licence is issued is no
longer required by any club licensed
20 under section 24A for the purpose of
holding race-meetings.".
(4) In section 24(8) of the Principal Act, after
paragraph (b) insert--
" ; or
25 (c) the licence is no longer correct in its
details.".
77. Racing-club licences
(1) In section 24A of the Principal Act, sub-section
(5) is repealed.
30 (2) In section 24A of the Principal Act, for sub-
section (7) substitute--
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"(7) Subject to sub-section (8), a licence may be
subject to any conditions that the Minister
thinks fit.".
(3) In section 24A of the Principal Act, for sub-
5 sections (9) and (10) substitute--
"(9) A licence remains in force until it is
cancelled or surrendered.
(10) The Minister--
(a) may cancel a licence for any just and
10 reasonable cause stated in writing; and
(b) must cancel a licence if The Victoria
Racing Club or the Harness Racing
Board or the Greyhound Racing
Control Board (as the case may be)
15 notifies the Minister in writing that the
licensee is no longer registered in
accordance with the relevant rules
referred to in sub-section (1).".
(4) In section 24A(11) of the Principal Act, after
20 paragraph (c) insert--
" ; or
(d) the licence is no longer correct in its
details.".
78. Race-course map
25 In section 25 of the Principal Act, omit "on such
scale as is prescribed by the regulations and".
79. Insertion of new section 18
After section 14B of the Principal Act insert--
"18. Picnic race-meetings
30 (1) Despite anything to the contrary in this Part,
a club may apply to the Minister for the issue
of a permit authorising the club to hold
picnic race-meetings registered in
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accordance with the rules of The Victoria
Racing Club on specified land 32 kilometres
or more from the General Post Office
Melbourne on any day permitted by this Act
5 and approved by The Victoria Racing Club.
(2) The Minister may, after consultation with
The Victoria Racing Club, issue such a
permit, subject to any conditions that the
Minister thinks fit.
10 (3) A permit remains in force until it is cancelled
or surrendered.
(4) The Minister--
(a) may cancel a permit for any just and
reasonable cause stated in writing; and
15 (b) must cancel a permit issued to a club if
The Victoria Racing Club notifies the
Minister in writing that the club has no
picnic race-meetings registered in
accordance with its rules.
20 (5) Without limiting sub-section (4), the
Minister may cancel a permit if the permit is
no longer correct in its details.
(6) A picnic race-meeting authorised by a permit
under this section must be conducted under
25 the rules of The Victoria Racing Club.".
80. Amendment of section 19
In section 19 of the Principal Act--
(a) in sub-section (1)--
(i) omit "a picnic race-meeting (if the
30 same is registered by and under the
rules for the time being in force of The
Victoria Racing Club) or"; and
(ii) omit "meeting or";
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(b) in sub-section (2) omit "or picnic race-
meeting" (wherever occurring).
81. Substitution of section 19A
For section 19A of the Principal Act substitute--
5 "19A. Restricted harness racing meetings
(1) Despite anything to the contrary in this Part,
a club may apply to the Minister for the issue
of a permit authorising the club to hold
restricted harness racing meetings approved
10 in accordance with the rules of the Harness
Racing Board on specified land 32
kilometres or more from the General Post
Office Melbourne on any day permitted by
this Act and approved by the Harness Racing
15 Board.
(2) The Minister may, after consultation with the
Harness Racing Board, issue such a permit,
subject to any conditions that the Minister
thinks fit.
20 (3) A permit remains in force until it is cancelled
or surrendered.
(4) The Minister--
(a) may cancel a permit for any just and
reasonable cause stated in writing; and
25 (b) must cancel a permit issued to a club if
the Harness Racing Board notifies the
Minister in writing that the club has no
restricted harness racing meetings
approved in accordance with its rules.
30 (5) Without limiting sub-section (4), the
Minister may cancel a permit if the permit is
no longer correct in its details.
(6) A restricted harness racing meeting
authorised by a permit under this section
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must be conducted under the rules of the
Harness Racing Board.".
82. Substitution of section 20
For section 20 of the Principal Act substitute--
5 "20. Point-to-point steeplechases held by hunt
clubs
(1) Despite anything to the contrary in this Part,
a hunt club may apply to the Minister for the
issue of a permit authorising the hunt club to
10 hold point-to-point steeplechase races
registered in accordance with the rules of
The Victoria Racing Club on specified land
on any day permitted by this Act and
approved by The Victoria Racing Club.
15 (2) The Minister may, after consultation with
The Victoria Racing Club, issue such a
permit, subject to any conditions that the
Minister thinks fit.
(3) A permit remains in force until it is cancelled
20 or surrendered.
(4) The Minister--
(a) may cancel a permit for any just and
reasonable cause stated in writing; and
(b) must cancel a permit issued to a hunt
25 club if The Victoria Racing Club
notifies the Minister in writing that the
hunt club has no point-to-point
steeplechase races registered in
accordance with its rules.
30 (5) Without limiting sub-section (4), the
Minister may cancel a permit if the permit is
no longer correct in its details.
(6) Point-to-point steeplechase races authorised
by a permit under this section must be
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conducted under the rules of The Victoria
Racing Club.
(7) Nothing done or omitted to be done in
accordance with a permit shall be taken to be
5 an offence under this Part.
(8) Nothing in this section relieves a person
concerned in holding point-to-point
steeplechase races in accordance with a
permit from any civil liability which the
10 person has incurred by reason of having been
so concerned.".
83. Substitution of section 52A
For section 52A of the Principal Act substitute--
"52A. Plumpton coursing with mechanical quarry
15 (1) Despite anything to the contrary in this
Division, a club may apply to the Minister
for the issue of a permit authorising the club
to hold plumpton coursing matches
conducted by the use of a mechanical quarry,
20 being matches approved in accordance with
the rules of the Greyhound Racing Control
Board.
(2) The Minister may, after consultation with the
Greyhound Racing Control Board, issue such
25 a permit, subject to any conditions that the
Minister thinks fit.
(3) A permit remains in force until it is cancelled
or surrendered.
(4) The Minister--
30 (a) may cancel a permit for any just and
reasonable cause stated in writing; and
(b) must cancel a permit issued to a club if
the Greyhound Racing Control Board
notifies the Minister in writing that the
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club has no plumpton coursing matches
approved in accordance with its rules.
(5) Without limiting sub-section (4), the
Minister may cancel a permit if the permit is
5 no longer correct in its details.
(6) Plumpton coursing matches authorised by a
permit under this section must be conducted
under the rules of the Greyhound Racing
Control Board.
10 (7) Plumpton coursing matches so permitted and
conducted by the use of a mechanical quarry
are deemed to be sports within the meaning
of Division 4 of Part IV of the Lotteries
Gaming and Betting Act 1966.".
15 84. Substitution of section 52B
For section 52B of the Principal Act substitute--
"52B. Greyhound racing permits
(1) Despite anything to the contrary in this
Division, a club may apply to the Minister
20 for the issue of a permit authorising the club
to hold greyhound races approved in
accordance with the rules of the Greyhound
Racing Control Board on a specified ground
32 kilometres or more from the General Post
25 Office Melbourne.
(2) The Minister may, after consultation with the
Greyhound Racing Control Board, issue such
a permit, subject to any conditions that the
Minister thinks fit.
30 (3) A permit remains in force until it is cancelled
or surrendered.
(4) The Minister--
(a) may cancel a permit for any just and
reasonable cause stated in writing; and
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(b) must cancel a permit issued to a club if
the Greyhound Racing Control Board
notifies the Minister in writing that the
club has no greyhound races approved
5 in accordance with its rules.
(5) Without limiting sub-section (4), the
Minister may cancel a permit if the permit is
no longer correct in its details.
(6) Greyhound races authorised by a permit
10 under this section must be conducted under
the rules of the Greyhound Racing Control
Board.".
85. Harness races at agricultural shows
In section 22(a) of the Principal Act--
15 (a) omit "approved for the purpose by the
Minister"; and
(b) omit sub-paragraph (i).
86. Abolition of bookmakers' course agents
The Principal Act is amended as follows--
20 (a) in section 84--
(i) in the definition of "bookmaker", omit
"but does not include a bookmaker's
course agent";
(ii) omit the definition of "bookmaker's
25 course agent";
(b) in section 85A, for "bookmaker,
bookmaker's clerk or bookmaker's course
agent" (wherever occurring) substitute
"bookmaker or bookmaker's clerk";
30 (c) section 87A is repealed;
(d) in section 88, omit "or bookmaker's course
agent's certificate";
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(e) in section 89, omit "or replacement
bookmaker's course agent's certificate"
(wherever occurring);
(f) in section 90(2), for "bookmaker
5 bookmaker's clerk or bookmaker's course
agent" substitute "bookmaker or
bookmaker's clerk";
(g) in section 91--
(i) sub-section (3) is repealed;
10 (ii) in sub-section (4), for "bookmaker,
bookmaker's clerk or bookmaker's
course agent" substitute "bookmaker
or bookmaker's clerk";
(iii) sub-section (5) is repealed;
15 (h) in section 92, for "bookmaker bookmaker's
clerk or bookmaker's course agent"
substitute "bookmaker or bookmaker's
clerk";
(i) section 93A is repealed.
20 87. Bookmaker's clerks
In section 87 of the Principal Act, for sub-section
(4) substitute--
"(4) The holder of a certificate of registration as a
bookmaker's clerk for the time being in force
25 may--
(a) in the presence of the bookmaker by
whom he or she is employed, write out
and cancel any betting-ticket in respect
of any bet made by the bookmaker; or
30 (b) subject to any conditions that the
Committee thinks fit, carry on the
business of the bookmaker by whom he
or she is employed, if the bookmaker is
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at the same time carrying on business
as a bookmaker on another part of the
same race-course or sports ground.".
88. Issue of club bookmaker's licences
5 (1) In section 84 of the Principal Act--
(a) in the definition of "club bookmaker's
licence", after "permitted by" insert "The
Victoria Racing Club or the Harness Racing
Board or the Greyhound Racing Control
10 Board or by"; and
(b) in the definition of "racing club", after
"harness racing" insert "or greyhound
racing".
(2) In section 91(1)(b) of the Principal Act, after
15 "required by" insert "The Victoria Racing Club or
the Harness Racing Board or the Greyhound
Racing Control Board or by".
(3) In section 91 of the Principal Act, after sub-
section (1) insert--
20 "(1A) If The Victoria Racing Club requires a
bookmaker to hold a club bookmaker's
licence for race-meetings for horse racing at
a race-course, then the bookmaker is not
required to obtain a club bookmaker's licence
25 from any other racing club in respect of
those race-meetings.
(1B) If the Harness Racing Board requires a
bookmaker to hold a club bookmaker's
licence for race-meetings for harness racing
30 at a race-course, then the bookmaker is not
required to obtain a club bookmaker's licence
from any other racing club in respect of
those race-meetings.
(1C) If the Greyhound Racing Control Board
35 requires a bookmaker to hold a club
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bookmaker's licence for race-meetings for
greyhound racing at a race-course, then the
bookmaker is not required to obtain a club
bookmaker's licence from any other racing
5 club in respect of those race-meetings.".
89. Insertion of new section 91A
After section 91 of the Principal Act insert--
"91A. Controlling bodies may make rules
(1) For the purposes of section 91, the
10 Committee of The Victoria Racing Club may
make rules for or with respect to--
(a) the issue of club bookmaker's licences
by The Victoria Racing Club on
payment of the fees fixed by the rules;
15 and
(b) fixing the terms and conditions of club
bookmaker's licences issued by The
Victoria Racing Club; and
(c) excluding or removing from a race-
20 course or part of a race-course
bookmakers who are not so licensed.
(2) For the purposes of section 91 and without
limiting section 49, the Harness Racing
Board may make rules for or with respect
25 to--
(a) the issue of club bookmaker's licences
by the Harness Racing Board on
payment of the fees fixed by the rules;
and
30 (b) fixing the terms and conditions of club
bookmaker's licences issued by the
Harness Racing Board; and
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(c) excluding or removing from a race-
course or part of a race-course
bookmakers who are not so licensed.
(3) For the purposes of section 91 and without
5 limiting section 82, the Greyhound Racing
Control Board may make rules for or with
respect to--
(a) the issue of club bookmaker's licences
by the Greyhound Racing Control
10 Board on payment of the fees fixed by
the rules; and
(b) fixing the terms and conditions of club
bookmaker's licences issued by the
Greyhound Racing Control Board; and
15 (c) excluding or removing from a race-
course or part of a race-course
bookmakers who are not so licensed.".
90. Statute law revision
(1) In section 43 of the Principal Act, for sub-section
20 (5) substitute--
"(5) The Public Sector Management Act 1992
does not apply to a person appointed under
this section in respect of the office to which
the person is appointed.".
25 (2) In section 73 of the Principal Act, for sub-section
(3) substitute--
"(3) The Public Sector Management Act 1992
(including Part 9) does not apply to the
executive director in respect of the office of
30 executive director.".
(3) In section 83H(1)(f) of the Principal Act, for
"provisions of the Public Service Act 1974"
substitute "Public Sector Management Act
1992 (including Part 9)".
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(4) In section 83I(2)(f) of the Principal Act, for
"provisions of the Public Service Act 1974"
substitute "Public Sector Management Act
1992 (including Part 9)".
5 (5) In section 83J(1) of the Principal Act, for "Public
Service Act 1974" substitute "Public Sector
Management Act 1992".
91. Transitional
(1) The Principal Act as amended by section 75 of
10 this Act applies--
(a) to a bond lodged after the commencement of
section 75; and
(b) in respect of a default made by a registered
bookmaker or his or her approved substitute
15 in the payment of a wager placed at a race-
meeting or sports held after the
commencement of section 75.
(2) A consent given under section 19 of the Principal
Act as in force immediately before the
20 commencement of this sub-section to hold a
picnic race-meeting after that commencement
continues to have force and effect as if this Act
had not been enacted.
(3) An authorisation given under section 19A of the
25 Principal Act as in force immediately before the
commencement of this sub-section to hold a
restricted harness racing meeting after that
commencement continues to have force and effect
as if this Act had not been enacted.
30 (4) A consent given under section 20 of the Principal
Act as in force immediately before the
commencement of this sub-section to hold point-
to-point steeplechase races for horses after that
commencement continues to have force and effect
35 as if this Act had not been enacted.
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(5) A licence in force under section 24 or 24A of the
Principal Act immediately before the
commencement of this sub-section is deemed to
be issued under section 24 or 24A, as the case
5 may be, of the Principal Act as amended by this
Act.
(6) A permit issued under section 52A of the
Principal Act as in force immediately before the
commencement of this sub-section to hold
10 plumpton coursing matches after that
commencement continues to have force and effect
as if this Act had not been enacted.
(7) A permit issued under section 52B of the Principal
Act as in force immediately before the
15 commencement of this sub-section to hold
greyhound races after that commencement
continues to have force and effect as if this Act
had not been enacted.
(8) All bets made and all betting-tickets issued by a
20 bookmaker's course agent in accordance with
section 87A of the Principal Act as in force
immediately before the commencement of this
sub-section continue to be valid and effectual for
all purposes as if this Act had not been enacted.
25 _______________
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s. 92
Act No.
PART 22--STAMPS ACT 1958
92. Bookmakers
No. 6375. The Stamps Act 1958 is amended as follows--
Reprinted to
No. 10/1996.
(a) in section 112--
5 (i) in the definition of "bookmaker", omit
"but does not include a bookmaker's
course agent";
(ii) omit the definition of "bookmaker's
course agent's certificate";
10 (b) in section 120(1A), omit "or has made on his
behalf by a bookmaker's course agent".
_______________
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s. 93
Act No.
PART 23--TEACHING SERVICE ACT 1981
93. Inquiries
No. 9714
In section 45 of the Teaching Service Act 1981, Reprinted to
after sub-section (1) insert-- No. 119/1993.
Subsequently
5 "(1A) In considering on an inquiry under this amended by
Nos 82/1994,
section the fitness of an officer to discharge 120/1994,
duties, consideration is not limited to his or 42/1995 and
22/1996.
her physical fitness but may also be given to
any other relevant matters including his or
10 her character and any conduct in which he or
she has engaged (whether before or after
becoming an officer and whether before or
after the commencement of section 93 of the
Miscellaneous Acts (Further Omnibus
15 Amendments) Act 1996) and references in
this section to fitness must be construed
accordingly.".
94. Transitional provision
The Teaching Service Act 1981, as amended by
20 section 93 of this Act, applies in relation to
inquiries under section 45 of that Act, whether the
inquiry commenced before or after the
commencement of Part 23 of this Act.
_______________
25
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s. 95
Act No.
PART 24--THE DECENTRALIZATION ADVISORY
COMMITTEE ACT 1964
95. Repeal
No. 7232 as The The Decentralization Advisory Committee
amended by
5 Act 1964 is repealed.
Nos 9567 and
45/1987. _______________
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s. 96
Act No.
PART 25--TRANSPORT ACCIDENT ACT 1986
96. New section 110A inserted
No. 111/1986.
After section 110 of the Transport Accident Act Reprinted to
1986 insert-- No. 42/1995
and
5 "110A. Extension of operation of Regulations subsequently
amended by
(1) Unless sooner revoked, the Transport Nos 98/1995
and 100/1995.
Accident (Charges) Regulations 1986 are
revoked on 31 January 2007.
(2) Section 5 of the Subordinate Legislation
10 Act 1994 does not apply to the Transport
Accident (Charges) Regulations 1986.".
97. Statute law revision
In the Transport Accident Act 1986--
(a) in section 3(3)(c), for "a resulting"
15 substitute "resulting";
(b) in section 4(1C) for "Victorian" substitute
"Victoria";
(c) in section 41(1A)(a), after "accordance"
insert "with";
20 (d) in section 41B(1), for "transport" substitute
"a transport";
(e) in section 127(2) for "specified is"
substitute "specified in".
_______________
25
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s. 98
Act No.
PART 26--TREASURY CORPORATION OF VICTORIA ACT
1992
98. Repeal of section 14
No. 80/1992. (1) Section 14 of the Treasury Corporation of
Reprinted to
5 Victoria Act 1992 is repealed.
No. 100/1995.
(2) In the Treasury Corporation of Victoria Act
1992--
(a) in section 8(1)(f), omit "under" (where first
occurring);
10 (b) in section 10(4) for "directions" substitute
"direction";
(c) in section 10(5) for "of operations under
section 37" substitute "under the Financial
Management Act 1994".
15 99. Transitional provisions
(1) An indemnity given under section 14 of the
Treasury Corporation of Victoria Act 1992
before the commencement of this Act continues to
have the same force and effect as it would have if
20 that section has not been repealed.
(2) Sub-section (1) is in addition to and not in
derogation from, the provisions of the
Interpretation of Legislation Act 1984.
_______________
25
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s. 100
Act No.
PART 27--VICTORIAN FUNDS MANAGEMENT
CORPORATION ACT 1994
100. New section 9A inserted
No. 61/1994
After section 9 of the Victorian Funds as amended
5 Management Corporation Act 1994 insert-- by No.
100/1995.
"9A. Appointment and powers as fund manager
(1) Despite anything to the contrary in this or
any other Act or in any law, a participating
body--
10 (a) may appoint the Corporation to carry
out, subject to the terms of the
appointment, in respect of the funds of,
or the assets of a fund administered by,
the participating body, all or any of the
15 functions and powers that the
Corporation is authorised by this Act to
carry out; and
(b) if it appoints the Corporation under
paragraph (a), may authorise the
20 Corporation to delegate, in accordance
with the terms of the appointment, to
another person any function or power
that the Corporation, under the
appointment, may carry out.
25 (2) If the Corporation is appointed by a
participating body under sub-section (1), the
Corporation, in accordance with the terms of
the appointment, may invest funds of, or
assets of a fund administered by, the
30 participating body in any manner in which
the participating body is authorised to invest
those funds or assets.".
_______________
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s. 101
Act No.
PART 28--VICTORIAN MANAGED INSURANCE
AUTHORITY ACT 1996
101. Amendment of section 25
No. 11/1996. In section 25(1) of the Victorian Managed
5 Insurance Authority Act 1996--
(a) after "indemnity to" insert "a person who is
or has been";
(b) for "officer as such an officer" substitute
"person as such an officer or former officer".
10 102. Statute law revision
In the Victorian Managed Insurance Authority
Act 1996--
(a) in section 31(3), for "sub-section (3)"
substitute "sub-section (2)";
15 (b) in section 33, for "Corporation" (wherever
occurring) substitute "Authority".
_______________
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Sch. 1
Act No.
SCHEDULE 1
PLAN OF DOCKLANDS AREA
5
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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