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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Royal Botanic Gardens (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Amendment of definitions 2
4. Amendment of the objectives of the Act 3
5. Amendment of functions 3
6. Amendment of powers 3
7. Amendment of licensing power 4
8. Insertion of new section 24A 4
24A. Further power to lease land at Royal Botanic Gardens,
Cranbourne 4
9. Consequential amendment 4
10. Insertion of new sections 50B and 50C 5
50B. Requirement to give name and address 5
50C. Authorised officers must identify themselves 6
11. Repeal of section 60 6
12. Insertion of new section 61 7
61. Savings provision for Chairperson and Deputy
Chairperson 7
13. Period of appointment of Chairperson and Deputy Chairperson
of Board 7
14. Repeal of Schedule 7
15. Further amendments to the Royal Botanic Gardens Act 1991 8
__________________
SCHEDULE--Amendment of Schedule 1 of the Royal Botanic
Gardens Act 1991 9
ENDNOTES 10
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PARLIAMENT OF VICTORIA
Initiated in Assembly 16 September 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Royal Botanic Gardens Act 1991 and for other
purposes.
Royal Botanic Gardens (Amendment)
Act 2003
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to amend the Royal Botanic Gardens Act
1991--
5 (i) to make further provision in relation to
licensing and leasing of the botanic
gardens; and
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Royal Botanic Gardens (Amendment) Act 2003
s. 2
Act No.
(ii) to make further provision in relation to
the term of appointment of Board
members; and
Victorian Legislation and Parliamentary Documents
(iii) to make further provision for powers of
5 authorised officers; and
(b) to make other minor amendments to that Act.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
10 3. Amendment of definitions
See: (1) In section 3(1) of the Royal Botanic Gardens
Act No.
Act 1991--
87/1991.
Reprint No. 1
(a) in the definition of "botanic gardens", after
as at
27 June 1996
"Schedule 1" insert ", as added to, removed
and
15 or altered under sub-section (2)";
amending
Act Nos
(b) insert the following definitions--
46/1998 and
76/1998.
LawToday: ' "authorised officer" means a person
www.dms.
appointed as an authorised officer
dpc.vic.
gov.au under the Conservation, Forests and
20 Lands Act 1987 for the purposes of
this Act;
"Royal Botanic Gardens, Cranbourne"
means the lands for the time being
described in Part 2 of Schedule 1, as
25 added to, removed or altered under sub-
section (2);'.
(2) For section 3(2) of the Royal Botanic Gardens
Act 1991 substitute--
"(2) The Governor in Council, by Order
30 published in the Government Gazette, may
add an area of Crown land to or remove an
area of Crown land from the Crown land
shown in Part 2 of Schedule 1 or alter an
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Royal Botanic Gardens (Amendment) Act 2003
s. 4
Act No.
area of Crown land shown in Part 2 of
Schedule 1.".
Victorian Legislation and Parliamentary Documents
4. Amendment of the objectives of the Act
In section 5 of the Royal Botanic Gardens Act
5 1991--
(a) in paragraph (e), for "tourism." substitute
"tourism;";
(b) after paragraph (e) insert--
"(f) to provide for--
10 (i) the carrying out of and
contribution to research into
biodiversity; and
(ii) the conservation of biodiversity.".
5. Amendment of functions
15 In section 11 of the Royal Botanic Gardens Act
1991--
(a) for paragraph (d) substitute--
"(d) to carry out and contribute to botanical
and horticultural research and research
20 into biodiversity;";
(b) for paragraph (h) substitute--
"(h) to conserve biodiversity and increase
the public awareness of the need for the
conservation of biodiversity and the
25 threat to biodiversity;".
6. Amendment of powers
In section 14(m) of the Royal Botanic Gardens
Act 1991, after "but" insert ", subject to
section 24A,".
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7. Amendment of licensing power
In section 24(2)(b) of the Royal Botanic Gardens
Victorian Legislation and Parliamentary Documents
Act 1991, for "5 years" substitute "10 years".
8. Insertion of new section 24A
5 After section 24 of the Royal Botanic Gardens
Act 1991 insert--
"24A. Further power to lease land at Royal
Botanic Gardens, Cranbourne
(1) The Board may, with the approval of the
10 Governor in Council, lease any part of the
Royal Botanic Gardens, Cranbourne for the
purpose of the carrying on of the business of
a plant nursery.
(2) A lease under sub-section (1)--
15 (a) may be for any consideration, rental,
fees or other terms that the Board
thinks fit; and
(b) must not be for a term of more than
21 years.
20 (3) The total area of land leased under this
section must not, at any particular time, be
greater than 10 hectares.
(4) This section has effect despite anything to
the contrary in the Crown Land (Reserves)
25 Act 1978.".
9. Consequential amendment
In section 50(d) of the Royal Botanic Gardens
Act 1991 omit "within the meaning of section
3(1) of the Conservation, Forests and Lands
30 Act 1987".
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Act No.
10. Insertion of new sections 50B and 50C
After section 50A of the Royal Botanic Gardens
Victorian Legislation and Parliamentary Documents
Act 1991 insert--
"50B. Requirement to give name and address
5 (1) If an authorised officer believes, on
reasonable grounds, that a person has
committed an offence against this Act or the
regulations, the officer may ask the person to
state his or her name and ordinary place of
10 residence or business.
(2) In making a request under sub-section (1),
the officer must inform the person of the
grounds for his or her belief that the person
has committed the offence.
15 (3) A person must not, in response to a request
under sub-section (1)--
(a) refuse or fail to comply with the request
without a reasonable excuse for doing
so; or
20 (b) state a name that is false in a material
detail; or
(c) state an address that is not the full and
correct address of his or her ordinary
place of residence or business.
25 Penalty: 5 penalty units.
(4) If a person states a name and address in
response to a request under sub-section (1)
and the officer suspects on reasonable
grounds that the stated name and address
30 may be false, the officer may request the
person to produce evidence of the
correctness of the name and address.
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(5) A person to whom a request under sub-
section (4) is made must comply with the
request, unless he or she has a reasonable
Victorian Legislation and Parliamentary Documents
excuse for not doing so.
5 Penalty: 5 penalty units.
(6) It is not an offence for a person to fail to
comply with a request under sub-section (1)
or (4)--
(a) if the authorised officer did not inform
10 the person, at the time the request was
made, that it is an offence to fail to
comply with the request; or
(b) if the authorised officer did not identify
himself or herself in accordance with
15 section 50C before making the request.
50C. Authorised officers must identify
themselves
An authorised officer must produce proof of
his or her identity and official status--
20 (a) before exercising a power under section
50B; and
(b) at any time during the exercise of a
power under section 50B, if asked to do
so.".
25 11. Repeal of section 60
Section 60 of the Royal Botanic Gardens Act
1991 is repealed.
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12. Insertion of new section 61
After section 60 of the Royal Botanic Gardens
Victorian Legislation and Parliamentary Documents
Act 1991 insert--
"61. Savings provision for Chairperson and
5 Deputy Chairperson
Despite the commencement of section 13 of
the Royal Botanic Gardens (Amendment)
Act 2003, clause 3(3) of Schedule 2 to this
Act, as in force immediately before that
10 commencement, continues to apply, on and
from that commencement, to the persons
holding the office of Chairperson and
Deputy Chairperson immediately before that
commencement, until the expiry of the term
15 of appointment of those persons as
Chairperson and Deputy Chairperson.".
13. Period of appointment of Chairperson and Deputy
Chairperson of Board
For clause 3(3) of Schedule 2 to the Royal
20 Botanic Gardens Act 1991 substitute--
"(3) A person appointed as Chairperson or
Deputy Chairperson holds office for the
period that is specified in the instrument of
his or her appointment to that office (which
25 must not be longer than the remaining period
of his or her appointment as a member).
(3A) A person appointed as Chairperson or
Deputy Chairperson is eligible for re-
appointment to that office.".
30 14. Repeal of Schedule
Schedule 4 to the Royal Botanic Gardens Act
1991 is repealed.
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Royal Botanic Gardens (Amendment) Act 2003
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15. Further amendments to the Royal Botanic Gardens
Act 1991
Victorian Legislation and Parliamentary Documents
The Royal Botanic Gardens Act 1991 is
amended as set out in the Schedule.
__________________
5
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Royal Botanic Gardens (Amendment) Act 2003
Sch.
Act No.
SCHEDULE
Victorian Legislation and Parliamentary Documents
AMENDMENT OF SCHEDULE 1 OF THE ROYAL BOTANIC
GARDENS ACT 1991
For Part 2 of Schedule 1 to the Royal Botanic Gardens Act
5 1991 substitute--
"PART 2--ROYAL BOTANIC GARDENS, CRANBOURNE
".
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Royal Botanic Gardens (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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