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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Statute Law Amendment (Charter of Human
Rights and Responsibilities) Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENTS TO THE AUSTRALIAN GRANDS
PRIX ACT 1994 3
3 Regulations 3
4 New section 52 inserted 3
52 Transitional provision--Statute Law Amendment
(Charter of Human Rights and Responsibilities)
Act 2009 3
PART 3--AMENDMENTS TO EDUCATION AND TRAINING
REFORM ACT 2006 4
5 Saving of rights of persons holding Government office 4
6 New section 2.4.53A inserted 5
2.4.53A Review of Secretary's decision not to re-employ 5
PART 4--AMENDMENTS TO FAIR TRADING ACT 1999 6
7 Representations as to future matters 6
8 False testimonials 6
9 New clause inserted in Schedule 3 7
15 Transitional--Statute Law Amendment (Charter
of Human Rights and Responsibilities) Act 2009 7
PART 5--AMENDMENTS TO FORESTS ACT 1958 8
10 Protected trees in protected forests 8
11 Penalty for cutting reserved trees 8
12 New section 103 inserted 8
103 Transitional provision--Statute Law Amendment
(Charter of Human Rights and Responsibilities)
Act 2009 8
561230B.I-10/3/2009 i BILL LA INTRODUCTION 10/3/2009
Clause Page
PART 6--AMENDMENTS TO PROJECT DEVELOPMENT
AND CONSTRUCTION MANAGEMENT ACT 1994 10
13 Information to be confidential 10
PART 7--AMENDMENTS TO TRANSPORT ACT 1983 11
14 Direction to provide reasonable assistance 11
15 Direction to state name and address 11
16 New Division 8 of Part VIII inserted 11
Division 8--Transitional provisions--Statute Law
Amendment (Charter of Human Rights and
Responsibilities) Act 2009 11
275 Transitional provision--direction to provide
reasonable assistance 12
276 Transitional provision--direction to state name and
address 12
PART 8--AMENDMENTS TO VICTORIAN URBAN
DEVELOPMENT AUTHORITY ACT 2003 13
17 Information to be confidential 13
PART 9--REPEAL OF AMENDING ACT 14
18 Repeal of amending Act 14
ENDNOTES 15
561230B.I-10/3/2009 ii BILL LA INTRODUCTION 10/3/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Statute Law Amendment (Charter of
Human Rights and Responsibilities)
Bill 2009
A Bill for an Act to make amendments to various Acts to ensure
compatibility with the Charter of Human Rights and Responsibilities
and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to make
amendments to various Acts to ensure
5 compatibility with the Charter of Human Rights
and Responsibilities.
561230B.I-10/3/2009 1 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 1--Preliminary
s. 2
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
561230B.I-10/3/2009 2 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 2--Amendments to the Australian Grands Prix Act 1994
s. 3
PART 2--AMENDMENTS TO THE AUSTRALIAN GRANDS
PRIX ACT 1994
3 Regulations
In sections 51(5)(a) and 51(5)(b) of the See:
Act No.
5 Australian Grands Prix Act 1994 for "proof" 68/1994.
substitute "evidence". Reprint No. 3
as at
16 February
2006
and
amending
Act Nos
32/2006,
80/2006,
85/2006 and
46/2008.
LawToday:
www.
legislation.
vic.gov.au
4 New section 52 inserted
After section 51 of the Australian Grands Prix
Act 1994 insert--
10 "52 Transitional provision--Statute Law
Amendment (Charter of Human Rights
and Responsibilities) Act 2009
Despite the commencement of section 3 of
the Statute Law Amendment (Charter of
15 Human Rights and Responsibilities) Act
2009, section 51(5) as in force immediately
before that commencement continues to
apply to any proceedings in respect of an
offence that were commenced but not
20 completed before that commencement.".
__________________
561230B.I-10/3/2009 3 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 3--Amendments to Education and Training Reform Act 2006
s. 5
PART 3--AMENDMENTS TO EDUCATION AND TRAINING
REFORM ACT 2006
5 Saving of rights of persons holding Government
office
5 See: (1) In section 2.4.31(2) of the Education and
Act No.
24/2006. Training Reform Act 2006, for "under the age of
Reprint No. 1 65 years" substitute "who satisfies the criteria set
as at
14 July 2008 out in subsection (2A)".
and
amending (2) After section 2.4.31(2) of the Education and
Act Nos
10 12/2008,
Training Reform Act 2006 insert--
62/2008,
70/2008 and "(2A) For the purposes of subsection (2), the
4/2009. criteria for a person to be entitled to be
LawToday:
www. re-employed are as follows--
legislation.
vic.gov.au (a) if the person was employed as a teacher
15 immediately before the person's
employment to an office of a type
specified by Ministerial Order, the
person satisfies the eligibility criteria
set out in the Ministerial Order referred
20 to in section 2.4.7(1);
(b) if the person was not employed as a
teacher immediately before the person's
employment to an office of a type
specified by Ministerial Order, the
25 person satisfies the criteria set out in a
Ministerial Order made under section
5.10.4 for or with respect to a matter
referred to in item 8 of Schedule 6;
(c) the person has not, at any time, in
30 Victoria or elsewhere, been convicted
or found guilty of a sexual offence;
(d) if the person is to be re-employed as a
teacher, the person is registered under
Part 2.6.".
561230B.I-10/3/2009 4 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 3--Amendments to Education and Training Reform Act 2006
s. 6
(3) After section 2.4.31(3) of the Education and
Training Reform Act 2006 insert--
"(4) A person may apply to a Merit Protection
Board for a review of a decision by the
5 Secretary to refuse to re-employ the person
to an on-going position in the teaching
service if--
(a) the person is not a member of the
teaching service; and
10 (b) the grounds for the refusal are that the
person does not possess the
qualifications or experience required by
a Ministerial Order necessary for re-
employment to an on-going position in
15 the teaching service.".
6 New section 2.4.53A inserted
After section 2.4.53 of the Education and
Training Reform Act 2006 insert--
"2.4.53A Review of Secretary's decision not to
20 re-employ
(1) If a Merit Protection Board receives an
application under section 2.4.31(4), it must
subject to and in accordance with the
regulations inquire into and determine the
25 claim of the applicant.
(2) If the Board is satisfied that the grounds for
review are established, it may make an order
requiring the Secretary to reconsider the
decision not to re-employ the applicant to an
30 on-going position in the teaching service.".
__________________
561230B.I-10/3/2009 5 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 4--Amendments to Fair Trading Act 1999
s. 7
PART 4--AMENDMENTS TO FAIR TRADING ACT 1999
7 Representations as to future matters
See: (1) In section 4(2) of the Fair Trading Act 1999--
Act No.
16/1999.
Reprint No. 3
(a) for "In" substitute "Subject to subsection
5 as at (2A), in";
23 February
2007 (b) for "he or she" substitute "the person".
and
amending (2) After section 4(2) of the Fair Trading Act 1999
Act Nos
69/2006, insert--
75/2006,
77/2006, "(2A) In any proceeding for an offence under this
17/2007,
10 2/2008, 6/2008,
Act concerning a representation made by a
12/2008 and natural person about a future matter, the
2/2009.
LawToday:
person making the representation is taken not
www. to have had reasonable grounds for making
legislation.
vic.gov.au
the representation unless the person adduces
15 evidence to the contrary.".
8 False testimonials
(1) In section 14(2) of the Fair Trading Act 1999,
after "proceedings" insert "against a body
corporate".
20 (2) After section 14(2) of the Fair Trading Act 1999
insert--
"(3) In any proceedings against a natural person
for an offence against this section in respect
of a representation that is alleged to be false
25 or misleading in any particular, a
representation made by the defendant is
taken to be false or misleading in that
particular unless the defendant adduces
evidence to the contrary.".
561230B.I-10/3/2009 6 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 4--Amendments to Fair Trading Act 1999
s. 9
9 New clause inserted in Schedule 3
At the end of Schedule 3 to the Fair Trading Act
1999 insert--
"15 Transitional--Statute Law Amendment
5 (Charter of Human Rights and
Responsibilities) Act 2009
(1) Despite the commencement of section 7 of
the Statute Law Amendment (Charter of
Human Rights and Responsibilities) Act
10 2009, section 4(2) as in force immediately
before that commencement continues to
apply to proceedings for an offence that were
commenced under section 4 but not
completed before that commencement.
15 (2) Despite the commencement of section 8 of
the Statute Law Amendment (Charter of
Human Rights and Responsibilities) Act
2009, section 14(2) as in force immediately
before that commencement continues to
20 apply to proceedings commenced under
section 14 but not completed before that
commencement.".
__________________
561230B.I-10/3/2009 7 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 5--Amendments to Forests Act 1958
s. 10
PART 5--AMENDMENTS TO FORESTS ACT 1958
10 Protected trees in protected forests
See: Section 59(3) of the Forests Act 1958 is
Act No.
6254. repealed.
Reprint No. 9
as at
18 May 2006
and
amending
Act Nos
60/2005,
24/2006,
63/2006,
58/2007 and
54/2008
LawToday:
www.
legislation.
vic.gov.au
5 11 Penalty for cutting reserved trees
In section 61 of the Forests Act 1958 omit--
"In any proceedings for a contravention of
this section any tree or kind or class of trees
in respect of which such contravention is
10 alleged to have taken place shall be deemed
to be (as the case may be) a reserved tree or a
reserved kind or class of tree until the
contrary is shown.".
12 New section 103 inserted
15 After section 102 of the Forests Act 1958
insert--
"103 Transitional provision--Statute Law
Amendment (Charter of Human Rights
and Responsibilities) Act 2009
20 The amendments made to sections 59 and 61
by Part 5 of the Statute Law Amendment
(Charter of Human Rights and
Responsibilities) Act 2009, only apply to
proceedings for an offence that are
561230B.I-10/3/2009 8 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 5--Amendments to Forests Act 1958
s. 12
commenced after the commencement of that
Part 5.".
__________________
561230B.I-10/3/2009 9 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 6--Amendments to Project Development and Construction Management
s. 13
Act 1994
PART 6--AMENDMENTS TO PROJECT DEVELOPMENT
AND CONSTRUCTION MANAGEMENT ACT 1994
13 Information to be confidential
See: (1) In section 43 of the Project Development and
Act No.
5 101/1994. Construction Management Act 1994 for "gained
Reprint No. 3 because of that connection with the project"
as at
1 January substitute "that was obtained by the person in
2001 confidence".
and
amending
Act Nos
(2) In section 43(d) of the Project Development and
10 57/2001, Construction Management Act 1994, for "Act."
16/2003 and
108/2004.
substitute "Act; or".
LawToday:
www. (3) After section 43(d) of the Project Development
legislation. and Construction Management Act 1994
vic.gov.au
insert--
15 "(e) if the information is already in the public
domain, other than as a result of a
contravention of this Act.".
(4) At the end of section 43 of the Project
Development and Construction Management
20 Act 1994 insert--
"(2) For the purposes of subsection (1), a
reference to information obtained in
confidence includes a reference to
information obtained by the person in
25 circumstances in which the person knew or
ought reasonably to have known the
information was confidential.".
__________________
561230B.I-10/3/2009 10 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 7--Amendments to Transport Act 1983
s. 14
PART 7--AMENDMENTS TO TRANSPORT ACT 1983
14 Direction to provide reasonable assistance
For section 228ZL(4) of the Transport Act 1983 See:
Act No.
substitute-- 9921.
Reprint No. 13
5 "(4) In proceedings for an offence against as at
2 January
subsection (3), it is a reasonable excuse if the 2008
direction was unreasonable. and
amending
(5) In proceedings for an offence against Act Nos
95/2005,
subsection (3) it is a defence if the person 9/2006,
10 charged proves on the balance of 71/2006,
30/2007,
probabilities that the direction or its subject- 59/2007,
matter was outside the scope of the business 69/2007,
4/2008,
or other activities of the person.". 44/2008 and
85/2008.
LawToday:
www.
legislation.
vic.gov.au
15 Direction to state name and address
15 In section 228ZN(4) of the Transport Act 1983,
for "person charged establishes that the person did
not have a business address or that" substitute
"person charged did not have a business address
or".
20 16 New Division 8 of Part VIII inserted
After Division 7 of Part VIII of the Transport
Act 1983 insert--
"Division 8--Transitional provisions--Statute
Law Amendment (Charter of Human Rights
25 and Responsibilities) Act 2009
561230B.I-10/3/2009 11 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 7--Amendments to Transport Act 1983
s. 16
275 Transitional provision--direction to
provide reasonable assistance
Despite the commencement of section 14 of
the Statute Law Amendment (Charter of
5 Human Rights and Responsibilities) Act
2009, section 228ZL(4) as in force
immediately before that commencement
continues to apply to proceedings for an
offence against section 228ZL commenced
10 but not completed before that
commencement.
276 Transitional provision--direction to state
name and address
Despite the commencement of section 15 of
15 the Statute Law Amendment (Charter of
Human Rights and Responsibilities) Act
2009, section 228ZN(4) as in force
immediately before that commencement
continues to apply to proceedings for an
20 offence against section 228ZN commenced
but not completed before that
commencement.".
__________________
561230B.I-10/3/2009 12 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 8--Amendments to Victorian Urban Development Authority Act 2003
s. 17
PART 8--AMENDMENTS TO VICTORIAN URBAN
DEVELOPMENT AUTHORITY ACT 2003
17 Information to be confidential
(1) In section 72 of the Victorian Urban See:
Act No.
5 Development Authority Act 2003 for "gained 59/2003.
because of that connection with the Authority" Reprint No. 1
as at
substitute ", relating to the Authority or the 9 February
Authority's functions and powers, that was 2007
and
obtained by the person in confidence". amending
Act Nos
10 (2) In section 72(d) of the Victorian Urban 28/2007 and
4/2008
Development Authority Act 2003, for "1991." LawToday:
substitute "1991; or". www.
legislation.
(3) After section 72(d) of the Victorian Urban vic.gov.au
Development Authority Act 2003 insert--
15 "(e) if the information is already in the public
domain, other than as a result of a
contravention of this Act.".
(4) At the end of section 72 of the Victorian Urban
Development Authority Act 2003 insert--
20 "(2) For the purposes of subsection (1), a
reference to information obtained in
confidence includes a reference to
information obtained by the person in
circumstances in which the person knew or
25 ought reasonably to have known the
information was confidential.".
__________________
561230B.I-10/3/2009 13 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Part 9--Repeal of Amending Act
s. 18
PART 9--REPEAL OF AMENDING ACT
18 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561230B.I-10/3/2009 14 BILL LA INTRODUCTION 10/3/2009
Statute Law Amendment (Charter of Human Rights and Responsibilities)
Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561230B.I-10/3/2009 15 BILL LA INTRODUCTION 10/3/2009
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