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PARLIAMENT OF VICTORIA
Statute Law (Further Revision) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Amendment of Acts 2
4. Repeals 2
__________________
SCHEDULES 3
SCHEDULE 1--Amendment of Acts 3
SCHEDULE 2--Repeals 13
ENDNOTES 18
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PARLIAMENT OF VICTORIA
Initiated in Assembly 27 February 2002
A BILL
to revise further the Statute Law of Victoria.
Statute Law (Further Revision) Act
2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to revise further the
Statute Law of Victoria.
2. Commencement
5 (1) Subject to sub-section (2), this Act comes into
operation on the day after the day on which it
receives the Royal Assent.
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Statute Law (Further Revision) Act 2002
s. 3
Act No.
(2) The following items in Schedule 1 are deemed to
have come into operation on the following dates--
(a) item 9 on 16 May 2000;
(b) item 16.1 on 1 January 2002;
5 (c) item 18 on 21 November 2000;
(d) item 23 on 23 October 2001;
(e) item 44 on 7 February 2002;
(f) item 60 on 16 May 1989;
(g) item 64 on 1 July 1982.
10 3. Amendment of Acts
On the commencement of an item in Schedule 1,
the Act specified in the heading to that item is
amended as set out in that item.
4. Repeals
15 The Acts listed in Schedule 2 are repealed.
__________________
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Statute Law (Further Revision) Act 2002
Sch. 1
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SCHEDULES
SCHEDULE 1
Section 3
AMENDMENT OF ACTS
5 1. Aboriginal Lands (Aborigines' Advancement League) (Watt
Street, Northcote) Act 1982
In section 3(4) for "Mines Act 1958 or the Extractive Industries
Act 1966 or a lease or permit under the Petroleum Act 1958"
substitute "Mineral Resources Development Act 1990, the
10 Extractive Industries Development Act 1995 or the Petroleum
Act 1998".
2. Aboriginal Land (Manatunga Land) Act 1992
In section 3(2)(b) for "Petroleum Act 1958" substitute
"Petroleum Act 1998".
15 3. Aboriginal Land (Northcote Land) Act 1989
In section 5(4) for "or a lease or permit under the Petroleum Act
1958" substitute "or the Petroleum Act 1998".
4. Accident Compensation Act 1985
In section 119L(1), at the end of paragraph (i) omit "and".
20 5. Bayside Project Act 1988
5.1 In section 3(1) the definition of "open space management
prescription" is repealed.
5.2 In Part 3 the heading "PART 3--REFERENCES TO
ARBITRATION" is repealed.
25 5.3 In section 35, at the end of paragraph (a) omit "and".
6. Building Act 1993
6.1 In section 75JB(e) for "Division" substitute "Part".
6.2 In section 137A for "(3) A reference" substitute
"(4) A reference".
30 6.3 In section 200(7)(ba) for "Act; and; and" substitute "Act;
and".
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7. Children and Young Persons Act 1989
In sections 64(3C)(a), 66(4)(da) and 67(2) for "Administrative
Appeals Tribunal" substitute "Victorian Civil and Administrative
Tribunal".
5 8. Children and Young Persons (Amendment) Act 1992
In section 13, sub-section (2) is repealed.
9. Chinese Medicine Registration Act 2000
In section 94(2)--
(a) in paragraph (a), for "61(c)" substitute "61(1)(c)";
10 (b) in paragraph (b), for "61(d)" substitute "61(1)(d)".
10. Co-operatives Act 1996
In section 403 for "(1) In this Division" substitute "In this
Division".
11. Corrections (Management) Act 1993
15 In section 5, in proposed section 29C, for "legally qualified
medical practitioner" substitute "registered medical practitioner
within the meaning of the Medical Practice Act 1994".
12. County Court Act 1958
The Second Schedule is repealed.
20 13. Crimes Act 1958
In section 361(1) for "in in the legal custody" substitute "in the
legal custody".
14. Crown Land (Reserves) Act 1978
14.1 In section 3--
25 (a) the definition of "designated port" is repealed;
(b) after the definition of "coastal Crown land" insert--
' "designated port" means lands or waters in respect
of which a declaration under section 111 of the
Marine Act 1988 is in force;'.
30 14.2 In section 5(4)(c), after "meaning" insert "of".
15. Cultural and Recreational Lands Act 1963
In section 4(4) for "pound" (wherever occurring) substitute
"dollar".
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16. Drugs, Poisons and Controlled Substances Act 1981
16.1 In section 4(1), in paragraph (b) of the definition of
"authorised practitioner", for "section 5" substitute "section
16A".
5 16.2 In section 129(1)(aa)--
(a) for "registered Chinese medicine practitioners"
substitute "registered Chinese medicine
practitioners,";
(b) for "nurse practitioners" substitute "nurse
10 practitioners,".
17. Duties Act 2000
In section 240(1)(c)(iii) for "proceeding have" substitute
"proceeding has".
18. Electricity Industry Act 2000
15 In section 117(3) for "sub-section (2) or (3)" substitute "sub-
section (1) or (2)".
19. Electricity Industry Acts (Further Amendment) Act 1999
Section 17 is repealed.
20. Electricity Industry (Residual Provisions) Act 1993
20 In section 3(1), in the definition of "VENCorp" for "Part 2A of the
Gas Industry Act 1994" substitute "Part 8 of the Gas Industry
Act 2001".
21. Electricity Safety Act 1998
In section 86(3)(b) for "greater that" substitute "greater than".
25 22. Environment Protection Act 1970
In sections 19B(3)(a)(ii), 19B(4), 19B(5)(b), 20(8)(a)(ii), 20(8)(c),
20(8)(d)(ii), 20A(6)(a)(ii), 20A(6)(c), 20A(6)(d)(ii) and 28(2) for
"Department of Health" (wherever occurring) substitute
"Department of Human Services".
30 23. Essential Services Commission Act 2001
In section 70(i), in sub-paragraphs (i) and (ii), for "sub-section (2)"
substitute "sub-section (3)".
24. Extractive Industries Development Act 1995
24.1 Section 58 is repealed.
35 24.2 Schedule 1 is repealed.
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25. Gaming and Betting Act 1994
25.1 In section 127(3)--
(a) in paragraph (c) for "obtain it; or; or" substitute
5 "obtain it; or";
(b) in paragraph (d) (where first occurring) for
"(d) divulge" substitute "(ca) divulge".
25.2 In section 135 for ", for investigation under section 103 or
for a certificate under section 54" substitute "or for
10 investigation under section 103".
26. Gaming Machine Control Act 1991
26.1 In section 19A for "a gaming operator" substitute
"A gaming operator".
26.2 In section 114(1) for "to held" substitute "to be held".
15 26.3 In section 136(6) for "sub-sections (2) and (3)" substitute
"sub-section (3)".
27. Gaming No. 2 Act 1997
27.1 In section 31(2) for "holder of permit" substitute "holder of
a permit".
20 27.2 In section 82(2)(b) for "section 80" substitute "section 83".
28. Gas Industry Act 2001
28.1 In section 68(5) for "ORG" substitute "the Office of the
Regulator-General".
28.2 In section 167(2) for "Public Sector Management Act
25 1992" substitute "Public Sector Management and
Employment Act 1998".
28.3 In section 231(4) before "under" insert "established".
29. Gas Industry (Residual Provisions) Act 1994
In section 62S(1) for "or the purposes" substitute "for the
30 purposes".
30. Grain Handling and Storage Act 1995
30.1 In section 15(2) for "Office" substitute "Commission".
30.2 In section 18(2) for "Office of the Regulator-General Act
1994" substitute "Essential Services Commission Act
35 2001".
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31. Health Act 1958
31.1 In section 108C(2)(b) after "he" (where twice occurring)
insert "or she".
31.2 In section 146(1)--
5 (a) in paragraph (c)(ii) omit "; and" (where secondly
occurring);
(b) in paragraph (c) omit "and" at the end of sub-
paragraph (vii);
(c) in paragraph (k)--
10 (i) for "children's service centres (within the
meaning of Part XIA)" substitute "children's
services or any premises or place where a
children's service within the meaning of the
Children's Services Act 1996 operates";
15 (ii) omit "or centre";
(iii) after "attendance" insert "or attendance at those
premises or that place";
(d) in paragraph (l)(i)(C) omit "; and" (where secondly
occurring).
20 31.3 In section 401(2) omit "drugs or".
32. Health Services Act 1988
In section 54 for "(1) An agreement" substitute "An agreement".
33. Heritage Act 1995
In section 98(3)(a) for "has" substitute "have".
25 34. House Contracts Guarantee Act 1987
34.1 In section 13(6) for "the the Tribunal" substitute
"the Tribunal".
34.2 In section 18(7) for "paragraphs" substitute "paragraph".
34.3 In section 21A(1) for "domestic" substitute "a domestic".
30 34.4 In section 23(1)(b) for "domestic work" substitute
"domestic building work".
35. Impounding of Livestock Act 1994
Sections 35, 36, 37, 38, 39, 40, 41 and 42 are repealed.
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36. Infertility Treatment Act 1995
In section 181(7) for "section 62 and 63" substitute "section 62 or
63".
37. Interactive Gaming (Player Protection) Act 1999
5 In section 5(2)(a), (c), (d), (f), (g) and (h) for "telecommunications
device" substitute "telecommunication device".
38. Interpretation of Legislation Act 1984
In section 57(6) omit "and" at the end of paragraph (b).
39. Land Act 1958
10 In section 366 for "such petition" substitute "the application".
40. Landlord and Tenant Act 1958
In section 43(1), in the definition of "authorized officer", for
paragraph (b) substitute--
"(b) the Director within the meaning of the Fair Trading Act
15 1999; or".
41. Legal Practice Act 1996
In section 342(1) after "Board" insert "of Examiners".
42. Local Government Act 1989
In section 171(4)(d) for "Treasurer" substitute "Minister
20 administering the State Concessions Act 1986".
43. Magistrates' Court Act 1989
43.1 In Schedule 4, in clause 56C for "by body" substitute "by a
body".
43.2 In Schedule 4 for "63. Environment Protection Act 1970"
25 substitute "63A. Environment Protection Act 1970".
44. Marine Act 1988
In section 85(4)(b)(i) for "Board's decision" substitute "Director's
decision".
45. Medical Practice Act 1994
30 45.1 Sections 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
116, 117, 118, 119 are repealed.
45.2 Schedules 1 and 2 are repealed.
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46. National Crime Authority (State Provisions) Act 1984
In section 21(15), in the definition of "relevant day", for "decision;
or" substitute "decision.".
47. National Parks Act 1975
5 In section 57(1) for "to be dealt as" substitute "to be dealt with
as".
48. Nurses Act 1993
In section 3(1), in the definition of "unprofessional conduct"--
(a) at the end of paragraph (c)(iii) omit "; or" (where secondly
10 occurring);
(b) at the end of paragraph (c)(iv) insert "or".
49. Parliamentary Committees Act 1968
In section 4D, paragraph (ba) is repealed.
50. Pathology Services Accreditation Act 1984
15 In Schedule 1--
(a) in Category G (General) for "scientist of scientists"
substitute "scientist or scientists";
(b) in Category U (Unspecified) for "whithin" substitute
"within".
20 51. Pay-roll Tax Act 1971
51.1 In section 9A(3A)(a) and (b) for "employés" substitute
"employees".
51.2 In section 13A(2)(b) for "including" substitute "included".
52. Petroleum (Submerged Lands) Act 1982
25 52.1 In section 25(2) for "he" substitute "the Minister".
52.2 In section 41(2) for "his" substitute "the applicant's".
52.3 In section 59(11)(b) after "him" insert "or her".
52.4 In section 112(4)(c)(ii) for "he" substitute "the person".
52.5 In section 131(1) for "him" substitute "the person".
30 53. Pollution of Waters by Oil and Noxious Substances Act 1986
In section 23B(8)(c) for "compiled" substitute "complied".
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54. Prevention of Cruelty to Animals Act 1986
In section 9(1)(la) for "veterinary surgeon" substitute "veterinary
practitioner".
55. Regional Infrastructure Development Fund Act 1999
5 In section 5(2) for "Treasurer" substitute "Minister administering
Part 7 of the Financial Management Act 1994".
56. Residential Tenancies Act 1997
56.1 In section 23(b) for "any member for" substitute "any
member of".
10 56.2 In section 472(1) for "or proceedings" substitute "or in
proceedings".
57. Road Safety Act 1986
57.1 In section 56(6)(c)--
(a) for "appeals" substitute "applications";
15 (b) for "Administrative Appeals Tribunal" substitute
"Victorian Civil and Administrative Tribunal".
57.2 In section 74(2) for the expression commencing "an officer
of the Corporation" and ending "being an officer" substitute
"an officer of the Corporation or an employee in the
20 Department of Infrastructure (being an officer".
58. Sale of Land Act 1962
In section 23, in the definition of "estate agent" for "section 3 of
the Estate Agents Act 1958" substitute "section 4 of the Estate
Agents Act 1980".
25 59. Supreme Court Act 1986
59.1 In sections 79(1)(a) and 79(3)(a) for "6 month's rent"
substitute "6 months' rent".
59.2 In section 104C(1)(a) for "that or his or her spouse"
substitute "that of his or her spouse".
30 60. Transfer of Land (Computer Register) Act 1989
In Schedule 2, in clause 67 for "Presbyterian Church Trust
Property Act 1890" substitute "Presbyterian Trusts Act 1890".
61. Transport Accident Act 1986
61.1 In section 3 for "(7) For the purposes" substitute "(6) For
35 the purposes".
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61.2 In section 100(2)(b) omit "notice" (where first occurring).
62. Transport Act 1983
62.1 In section 211(1), in paragraph (b)(ii) of the definition of
"authorised officer", for "1998; or" substitute "1998--".
5 62.2 In section 249A(1), paragraph (b) is repealed.
63. Veterinary Practice Act 1997
In section 73--
(a) for "(1) An act" substitute "An act";
(b) for "(2) in the case" substitute "(c) in the case".
10 64. Victorian Sanatoria for Consumptives Act 1911
In section 7, sub-section (2) is repealed.
65. Vocational Education and Training Act 1990
65.1 In section 3, in the definition of "registered training
organisation", for "section 81" substitute "section 20 of the
15 Victorian Qualifications Authority Act 2000".
65.2 In section 12(1)(c) for "the Board's" substitute
"the Commission's".
65.3 In section 18(2) and (4) for "Board" (wherever occurring)
substitute "Commission".
20 65.4 In section 22C(1) for "State Training Board" substitute
"Commission".
65.5 In section 92(1) for "by an person" substitute "by a person".
66. Water Act 1989
66.1 In section 107A(2) the definition of "generation company" is
25 repealed.
66.2 In section 161A(2) the definition of "generation company" is
repealed.
67. Water Industry Act 1994
67.1 In section 11A(1), (3) and (4) for "Office of the Regulator-
30 General" (wherever occurring) substitute "Commission".
67.2 In section 11A(3), for paragraph (a) substitute--
"(a) the objectives of the Commission under this Act and
under the Essential Services Commission Act 2001;
and".
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Act No.
68. Witness Protection Act 1991
In section 7(d) for "section 5" substitute "section 3B(2)(c)".
__________________
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Sch. 2
Act No.
SCHEDULE 2
Section 4
REPEALS
Act No. Title of Act
1998
1 Financial Management (Amendment) Act 1998
2 Public Prosecutions (Amendment) Act 1998
3 Tertiary Education (Amendment) Act 1998
5 Arts Acts (Statute Law Revision) Act 1998
6 Education (Teachers) Act 1998
8 Summary Offences (Amendment) Act 1998
9 Drugs, Poisons and Controlled Substances (Amendment)
Act 1998
11 Fire and Emergency Services Acts (Amendment) Act 1998
12 Health Acts (Statute Law Revision) Act 1998
13 Health Services (Amendment) Act 1998
15 State Trustees (Amendment) Act 1998
16 Transport Acts (Amendment) Act 1998
17 Valuation of Land (Amendment) Act 1998
18 Building (Amendment) Act 1998
20 Crimes (Family Violence) (Amendment) Act 1998
22 Firearms (Amendment) Act 1998
23 Property Law (Amendment) Act 1998
26 Agriculture Acts (Amendment) Act 1998
29 Gaming Acts (Amendment) Act 1998
30 Gaming No. 2 (Amendment) Act 1998
32 Heritage Rivers (Amendment) Act 1998
34 Transport Accident (Amendment) Act 1998
35 Victorian Plantations Corporation (Amendment) Act 1998
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Statute Law (Further Revision) Act 2002
Sch. 2
Act No.
Act No. Title of Act
38 Ambulance Services (Amendment) Act 1998
40 Gas Industry (Amendment) Act 1998
41 Land Tax (Amendment) Act 1998
42 Melbourne and Olympic Parks (Amendment) Act 1998
43 Miscellaneous Acts (Omnibus No. 1) Act 1998
47 Rail Corporations (Amendment) Act 1998
48 State Taxation (Amendment) Act 1998
54 Local Government (Amendment) Act 1998
56 Printers and Newspapers (Repeal) Act 1998
57 Road Safety (Amendment) Act 1998
58 Trade Measurement (Administration) (Amendment) Act
1998
59 Arts Acts (Amendment) Act 1998
60 Classification (Publications, Films and Computer Games)
(Enforcement) (Amendment) Act 1998
63 Road Safety (Driving Instructors) Act 1998
64 Bail (Amendment) Act 1998
65 Crimes (Amendment) Act 1998
66 Health Services (Further Amendment) Act 1998
70 National Parks (Amendment) Act 1998
71 Patriotic Funds (Amendment) Act 1998
72 Planning and Environment (Amendment) Act 1998
73 Road Safety (Further Amendment) Act 1998
76 Conservation, Forests and Lands (Miscellaneous
Amendments) Act 1998
79 Legal Practice (Amendment) Act 1998
80 Crimes, Confiscation and Evidence Acts (Amendment)
Act 1998
81 Accident Compensation (Amendment) Act 1998
82 Education (Amendment) Act 1998
83 Livestock Disease Control (Amendment) Act 1998
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Sch. 2
Act No.
Act No. Title of Act
84 Superannuation Acts (Amendment) Act 1998
85 Transfer of Land (Single Register) Act 1998
88 Chattel Securities (Amendment) Act 1998
89 Electricity Industry Acts (Amendment) Act 1998
90 Gaming Acts (Further Amendment) Act 1998
92 Land Titles Validation (Amendment) Act 1998
93 Legal Aid (Amendment) Act 1998
97 Racing and Betting Acts (Amendment) Act 1998
98 Rail Corporations (Further Amendment) Act 1998
99 Transport (Amendment) Act 1998
100 Victorian College of the Arts (Amendment) Act 1998
101 Licensing and Tribunal (Amendment) Act 1998
102 Melbourne City Link (Amendment) Act 1998
103 State Taxation (Further Amendment) Act 1998
104 Melbourne Cricket Ground (Amendment) Act 1998
1999
1 Barley Marketing (Amendment) Act 1999
2 Environment Protection (Amendment) Act 1999
3 Statute Law Revision (Repeals) Act 1999
4 Tattersall Consultations (Amendment) Act 1999
5 Transport Accident (Further Amendment) Act 1999
6 Transport Acts (Further Amendment) Act 1999
7 Coroners (Amendment) Act 1999
9 Legal Practice (Practising Certificates) Act 1999
10 Magistrates' Court (Amendment) Act 1999
11 Office of the Regulator-General (Amendment) Act 1999
12 Public Sector Reform (Further Amendments) Act 1999
13 Superannuation Acts (Further Amendment) Act 1999
15 Education Acts (Amendment) Act 1999
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Sch. 2
Act No.
Act No. Title of Act
17 Fair Trading (Inspectors Powers and Other Amendments)
Act 1999
18 Rural Finance (Amendment) Act 1999
19 Sentencing (Amendment) Act 1999
20 State Trustees (State Owned Company) (Amendment) Act
1999
22 Water Acts (Amendment) Act 1999
23 Local Government (Melbourne City Council Rates) Act
1999
24 The Constitution Act Amendment (Amendment) Act 1999
25 Ambulance Services (Further Amendment) Act 1999
28 Marine (Amendment) Act 1999
29 Mental Health (Amendment) Act 1999
30 Police Regulation and Firearms (Amendment) Act 1999
31 Shrine of Remembrance (Amendment) Act 1999
32 Stamps (Amendment) Act 1999
38 Freedom of Information (Amendment) Act 1999
39 Gas Industry Acts (Further Amendment) Act 1999
40 Guardianship and Administration (Amendment) Act 1999
44 Prostitution Control (Amendment) Act 1999
45 Rail Corporations and Transport Acts (Amendment) Act
1999
47 State Taxation Acts (Amendment) Act 1999
52 Legal Practice (Amendment) Act 1999
53 Audit (Amendment) Act 1999
57 Freedom of Information (Miscellaneous Amendments)
Act 1999
58 Gas Industry (Amendment) Act 1999
59 Local Government (Best Value Principles) Act 1999
60 Melbourne Sports and Aquatic Centre (Amendment) Act
1999
61 Police Regulation (Amendment) Act 1999
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Sch. 2
Act No.
Act No. Title of Act
62 Public Prosecutions (Amendment) Act 1999
63 Rail Corporations and Transport Acts (Miscellaneous
Amendments) Act 1999
65 Water (Waterway Management Tariffs) Act 1999
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Statute Law (Further Revision) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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