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PARLIAMENT OF VICTORIA
Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--CONSUMER CREDIT (VICTORIA) ACT 1995 3
3. Principal Act 3
4. Definitions 3
5. References to Credit Tribunal 3
6. Application for registration 3
7. False or misleading statements 4
8. Register 4
9. Period of registration 4
10. Annual fee 4
11. Annual statement 5
12. New section 27 substituted 5
27. Cancellation of registration on request 5
13. New section 28 substituted 6
28. Application for inquiry 6
14. Repeal of section 29 6
15. New section 30 substituted 6
30. Inquiry by Tribunal 6
16. Effect of suspension of registration 9
17. New section 31A inserted 9
31A. Return of certificate of registration 10
18. Re-registration 10
19. Repeal of section 34 10
20. Regulations 10
PART 3--CREDIT ACT 1984 11
21. Principal Act 11
22. Definitions 11
23. Jurisdiction of courts and Tribunal 11
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Clause Page
24. References to Tribunal 12
25. References to Credit Licensing Authority 12
PART 4--CREDIT (ADMINISTRATION) ACT 1984 13
26. Principal Act 13
27. Definitions 13
28. Repeal of Part 3 14
29. Repeal of Part 5 14
30. Consumer Credit Fund 14
31. Repeal of sections 87 to 89B 14
32. Protection for things done under various Acts 14
33. Payment from Consolidated Fund 15
34. Regulations 15
PART 5--DOMESTIC BUILDING CONTRACTS AND
TRIBUNAL ACT 1995 16
35. Principal Act 16
36. Change of title of Act 16
37. Purpose and definitions 16
38. Amendment of Part 5 16
39. New section 59A inserted 17
59A. Disputes concerning insurance claims 17
40. Further amendment of Part 5 18
41. Funding 18
42. New section 134 substituted 19
134. Supreme Court--limitation of jurisdiction 19
43. Regulation-making power 19
44. Transitional provision amendment 19
45. Repeal of provisions for Domestic Building Tribunal 19
PART 6--EQUAL OPPORTUNITY ACT 1995 20
46. Principal Act 20
47. Definitions 20
48. Exemptions 20
49. Repeal of procedural provisions and specification of parties 21
50. Special complaints 22
51. New section 126 substituted 22
126. Factors to be considered by Tribunal in proceedings
involving special complaints 22
52. Repeal of other special complaint provisions 23
53. Interim orders and preliminary conferences 23
54. New section 134A inserted 24
134A. Who are the parties to a proceeding? 24
55. Extension of time 24
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Clause Page
56. Further repeal of procedural provisions 24
57. New section 172A inserted 24
172A. Staff of Commission 24
58. Abolition of Anti-Discrimination Tribunal 25
59. Repeal of certain offences 25
60. New section 202 substituted 25
202. Obstruction of Commission 25
61. New section 203 substituted 26
203. False or misleading information 26
62. Protection of people giving evidence 26
63. Amendment of regulation-making power 26
64. Repeal of spent transitionals 26
PART 7--ESTATE AGENTS ACT 1980 27
65. Principal Act 27
66. Definitions 27
67. Functions and powers of Estate Agents Council 28
68. New Part IIB substituted 29
PART IIB--ADMINISTRATION 29
7. Function of Authority 29
8. Powers of Authority to enter into agreements 29
9. Functions of Director 29
10. Powers of Director to enter into agreements 30
11. Delegation by Director 30
11A. Delegation by Secretary 31
69. Auctioneers of real estate 31
70. Eligibility to obtain licence 31
71. Eligibility for employment as an agent's representative 31
72. Repeal of section 16A 32
73. Application for estate agent's licence 32
74. New section 20 inserted 32
20. Application to be referred to Director and Chief
Commissioner 32
75. Grant and effect of licence 33
76. New sections 21A and 21B inserted 34
21A. Conditions of licence 34
21B. Endorsement of licence 35
77. Change of information 35
78. New sections 24C and 24D inserted 35
24C. No application for 2 years after refusal 35
24D. Lost licence 36
79. Inquiries into estate agents 36
80. Repeal of section 26 and 27 36
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Clause Page
81. Inquiries into agent's representatives 36
82. New section 28A inserted 36
28A. Determination of Tribunal on inquiry 36
83. New section 29A substituted 38
29A. Suspended and cancelled licences must be returned 38
84. Application to Authority for permission 38
85. New section 32 substituted 39
32. Application for review 39
86. New section 33 substituted 40
33. Register 40
87. The record of estate agents and agents' representatives 40
88. New section 34A inserted 41
34A. Record of ineligible persons 41
89. Registered office and address 42
90. Production of licence by agent 42
91. Employees statements 43
92. Information about commission 43
93. Restriction on agent purchasing property 43
94. New sections 56A and 56B inserted 43
56A. Power of Director to investigate disputes 43
56B. Powers of Tribunal in relation to disputes 44
95. Trust money 45
96. Arrangements with financial institutions 45
97. Appointment of authorised institutions 45
98. Accounts of trust money 45
99. Audit of trust accounts 45
100. Estate Agents' Guarantee Fund 46
101. Moneys constituting Fund 46
102. Repeal of section 74 47
103. Payments out of Fund 47
104. Functions of Secretary and Tribunal in relation to the Fund 48
105. Contracts of insurance 48
106. Repeal of Part VIIA 49
107. Proof by official certificate 49
108. Waiver of fees 49
109. Complaints 49
110. Repeal of section 95A 49
111. Protection for things one under this Act 49
112. Regulations 50
113. Statute law revision 50
PART 8--GUARDIANSHIP AND ADMINISTRATION BOARD
ACT 1986 51
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Clause Page
114. Principal Act 51
115. Change of title of Act 51
116. Definitions and objects 51
117. Abolition of Guardianship and Administration Board 52
118. Public Advocate 52
119. Application for guardianship order 52
120. New section 20 substituted 53
20. Who is entitled to notice of an application? 53
121. Guardianship orders 54
122. New section 39 substituted 55
39. Represented person is a party 55
123. New section 39A inserted 56
39A. Public Advocate entitled to notice of application 56
124. Further amendments for applications for consent to medical
procedures 56
125. Applications for administration orders 56
126. New section 44 substituted 56
44. Who is entitled to notice of an application? 57
127. Administration orders 57
128. New sections 61 and 62 substituted 59
61. Reviews 59
62. Who is entitled to notice of a review? 60
129. Further amendments 61
PART 9--INTRODUCTION AGENTS ACT 1997 63
130. Principal Act 63
131. Definitions 63
132. Notice 63
133. Notice that agreement void 63
134. Annual statement and notice of termination 64
135. Keeping of Register 64
136. Section 40 substituted 64
40. Certificates 64
137. Delegation by Secretary 65
138. Section 41A inserted 65
41A. Delegation by Director 65
PART 10--MOTOR CAR TRADERS ACT 1986 66
139. Principal Act 66
140. Definitions 66
141. Application for licence 67
142. New section 10 inserted 67
10. Notice of changes to details in application 67
143. Notice of application 67
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Clause Page
144. Section 11A repealed 68
145. New section 12 substituted 68
12. Consideration of application 68
146. Grant or refusal of licence 68
147. Endorsement of licence 71
148. Authority to sell motor cars at public auction 72
149. Name under which licensed motor car trader may operate 72
150. Form of licence 72
151. Change in directors of body corporate 73
152. Licensee to give notice of changes 73
153. Licences to be returned 73
154. Register 73
155. Annual licence fee and statement 74
156. Surrender of licence 74
157. Authority may impose conditions 74
158. Disciplinary action 75
159. Suspension of licence 75
160. Determination of disciplinary measures 76
161. Return of licence 76
162. New section 32 substituted 77
32. Application for review 77
163. Credit Tribunal 77
164. Notification of Director by credit provider 77
165. Particulars of used motor cars 77
166. Repeal of sections 64, 65, 68, 69, 71A, 71B and 72 78
167. New section 70 substituted 78
70. Procedure of Committee 78
168. Protection for things done under Part 78
169. Motor Car Traders' Guarantee Fund 78
170. Determination of claims 79
171. New section 79 substituted 79
79. Application for review 79
172. Proceedings 79
173. Complaints 80
174. False or misleading statements 80
175. Production of records 80
176. New section 85A inserted 80
85A. Simplified procedure concerning proof that person
traded in motor cars 80
177. New section 86A inserted 81
86A. Extension of time 81
178. New section 87A inserted 82
87A. Waiver or refund of fees 82
179. New section 89A inserted 83
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Clause Page
89A. Delegation by Director 83
180. Regulations 83
181. Repeal of Part 7 84
PART 11--PLANNING AND ENVIRONMENT ACT 1987 85
182. Principal Act 85
183. Definitions 85
184. New section 83 substituted and 83A and 83B inserted 85
83. Parties to review 85
83A. Objectors entitled to notice 86
83B. Notice if permit application was made without notice 87
185. Application may be determined after application for review is
made 88
186. New sections 84A and 84B inserted 89
84A. Parties not restricted to grounds previously notified 89
84B. Matters which Tribunal may take into account 89
187. New section 86 inserted 91
86. Issue of permit 91
188. Enforcement orders 91
189. New heading to Division 5 of Part 6 92
190. New sections 148, 149 and 149A substituted 93
148. Definitions 93
149. Application for review 93
149A. Application by specified person for declaration 94
149B. General application for declaration 95
191. Consequential amendment of references 96
192. Repeal of sections 209 and 210 101
PART 12--PROSTITUTION CONTROL ACT 1994 102
193. Principal Act 102
194. Definitions 102
195. Register of businesses 103
196. New Division 2 of Part 3 substituted 103
Division 2--The Authority and the Director of Fair Trading 103
25. Functions of Authority 103
26. Functions of Director of Fair Trading 104
27. Delegation by Director of Fair Trading 104
197. Application for licence 105
198. New section 34 substituted 105
34. Applications to be made available to the public 105
199. New sections 35 and 36 substituted and section 36A inserted 105
35. Notice of application 105
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Clause Page
36. Application to be referred to Director of Fair Trading
and the Chief Commissioner 106
36A. Consideration of application 107
200. Refusal of application 107
201. Matters to be considered 108
202. Grant of licence 108
203. Amendment of licence 108
204. New section 40AA inserted 109
40AA. Endorsement of licence 109
205. Surrender of licence 109
206. New section 41 substituted 109
41. Cancelled or suspended licence must be returned 109
207. Repeal of section 42 109
208. Updating of application 110
209. Withdrawal of application 110
210. False or misleading information 110
211. Notice of changes in information 110
212. New section 46A substituted and sections 46B and 46C inserted 110
46A. Annual licence fee and statement 111
46B. Extension of time 111
46C. Failure to comply with section 46A 111
213. Licence cancellation 112
214. Action against licensee 112
215. Powers of Tribunal 113
216. Approval of manager 114
217. Refusal of approval 114
218. Grant or refusal of approval 114
219. Surrender of approval 115
220. Cancellation of approval 115
221. Action against approved manager 116
222. Powers of Tribunal 116
223. Register 117
224. New Division 7 substituted in Part 3 117
Division 7--Applications for review 117
56. Applications for review 117
225. Entry to licensed premises 118
226. Entry to unlicensed premises 118
227. Prostitution Control Fund 118
228. Advisory Committee 119
229. Regulations 121
230. Secrecy 121
231. Immunity 121
232. Destruction of fingerprints 121
233. Repeal of Schedules 1 and 2 121
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Clause Page
PART 13--RESIDENTIAL TENANCIES ACT 1997 122
234. Principal Act 122
235. Purpose and definitions 122
236. Amendment of Parts 2 to 9 122
237. New section 415 substituted 124
415. Determination of application 124
238. Amendment of sections 419 and 421 and Part 11 124
239. New section 498A inserted 125
498A. Director may authorise payment for certain legal costs 126
240. Further consequential amendments 126
241. New section 510A inserted 126
510A. Parties to Tribunal proceedings 126
242. Further consequential amendments 127
PART 14--RETAIL TENANCIES REFORM ACT 1998 129
243. Principal Act 129
244. Definitions 129
245. New Part 3 substituted 129
PART 3--DETERMINATION OF DISPUTES 130
33. Object of this Part 130
34. Application of this Part 130
35. Jurisdiction of Tribunal 130
36. Applications to the Tribunal 131
37. Parties 131
38. What orders may Tribunal make? 131
39. Transitional provisions 132
246. Consequential amendments 133
247. New section 48 substituted 134
48. Supreme Court--limitation of jurisdiction 134
PART 15--SECOND-HAND DEALERS AND PAWNBROKERS
ACT 1989 135
248. Principal Act 135
249. Definitions 135
250. Eligibility for registration 135
251. Applications for registration 136
252. Investigations and reports 136
253. New section 8A inserted 137
8A. Consideration of application 137
254. Registration 137
255. New sections 9A and 9B inserted 137
9A. Notice of decision 138
9B. Application for review 138
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Clause Page
256. Automatic cancellation or registration 138
257. New section 11 substituted 139
11. Annual registration fee and statement 139
11A. Failure to comply with section 11 139
11B. Cancelled licences must be returned 140
258. Notification of changes 140
259. Register 140
260. Approved forms 140
261. Section 24 amended 141
262. Section 28 substituted 141
28. Delegation by Director 141
263. Evidentiary provisions 141
264. Statute law revision 141
PART 16--SMALL CLAIMS TRIBUNALS ACT 1973 142
265. Principal Act 142
266. Change of title of Act and new Part 1 inserted 142
267. Definitions 142
268. Abolition of Small Claims Tribunals 143
269. Change of Part 2 Heading 143
270. New sections 14, 15 and 16 substituted 143
14. Application to Tribunal 144
15. Parties 144
16. Exclusion of other jurisdiction for small claims 144
271. Immunity from judicial supervision 145
272. New section 18 substituted 145
18. What orders may the Tribunal make? 145
273. Further amendments with respect to orders 146
274. New section 20A substituted 146
20A. Lodging of money with principal registrar 146
275. Further amendments 148
276. New section 39B inserted 148
39B. Supreme Court--limitation of jurisdiction 148
277. Repeal of regulation-making powers 148
278. Amendment of regulation-making power for Small Claim
Account 148
PART 17--TRAVEL AGENTS ACT 1986 149
279. Principal Act 149
280. Definitions 149
281. Application for licence 150
282. New section 9 substituted and section 9A inserted 150
9. Application to be referred to Director and Chief
Commissioner 150
9A. Consideration of application 151
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Clause Page
283. Grant or refusal of licence 151
284. Conditions of, and restrictions on, licence 151
285. New section 11A inserted 152
11A. Endorsement of conditions and restrictions 152
286. Register to be kept 152
287. New section 16A inserted 152
16A. Automatic cancellation of licence 153
288. Annual fee and annual statement 153
289. New section 18 substituted and 18A inserted 154
18. Cancelled or suspended licence must be returned 154
18A. Surrender of licence 155
290. Duplicate licence 155
291. Inquiry into travel agent's licence 155
292. Determination of Tribunal on inquiry 156
293. New section 22 substituted 157
22. Applications for review 157
294. Unjust conduct 158
295. Employment of disqualified person 158
296. Powers of entry 158
297. Production of records 159
298. Production of records 159
299. False or misleading statements 159
300. New section 42BA inserted 159
42BA. Waiver or refund of fees 159
301. Payments by Registrar 160
302. Who may take proceedings? 160
303. Compensation scheme 160
304. New section 46A inserted 160
46A. Extension of time 161
305. New sections 47A and 47B inserted 161
47A. Protection for things done under Act 161
47B. Delegation by Director 161
306. Regulations 162
307. Repeal of Parts 5 and 6 162
PART 18--VALUATION OF LAND ACT 1960 163
308. Freedom of information 163
309. New Part III substituted 163
PART III--OBJECTIONS, REVIEWS AND APPEALS 163
Division 1--Introductory 163
14. Definitions 163
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Division 2--Notice of valuations 164
15. Rating authority must give notice of valuation 164
Division 3--Objections 164
16. Who may object? 165
17. Grounds for objection 166
18. Time for lodging objection 166
19. Further limitation on lodging of objections if previous
objection lodged 167
20. Determination of objection by Commissioner 168
21. Determination of objection in any other case 168
Division 4--Reviews and appeals 169
22. Right of review or appeal 169
23. Jurisdiction of Tribunal and Court 170
24. Grounds of review or appeal 171
25. Referral to Tribunal 172
26. Supreme Court appeals 172
27. Costs if owner and occupier appeal separately 172
Division 5--General 174
28. Procedure if land is in more than one area 174
29. Recovery of rate or tax pending objection, review or
appeal 175
30. Tribunal members not disqualified as witnesses 175
PART 19--GENERAL 176
310. Repeal of AAT and Planning Appeals Acts 176
311. Further consequential amendments 176
312. Savings and Transitional provisions 176
313. Interim fees 176
__________________
SCHEDULES 177
SCHEDULE 1--Further consequential amendments 177
SCHEDULE 2--Transitional provisions 271
SCHEDULE 3--Interim fees 291
NOTES 297
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PARLIAMENT OF VICTORIA
A BILL
to amend various Acts as a consequence of the Victorian Civil and
Administrative Tribunal Act 1998 and the Business Licensing
Authority Act 1998, to repeal the Administrative Appeals Tribunal
Act 1984, the Planning Appeals Act 1980 and certain other Acts and
for other purposes.
Tribunals and Licensing Authorities
(Miscellaneous Amendments) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to amend various Acts as a consequence of
the Victorian Civil and Administrative
5
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Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998
s. 2
Act No.
Tribunal Act 1998 and the Business
Licensing Authority Act 1998;
(b) to repeal the Administrative Appeals
Tribunal Act 1984, the Planning Appeals
Act 1980 and certain other Acts;
5
(c) to make certain transitional arrangements.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
10
provisions of this Act (including the items in
Schedule 1) come into operation on a day or days
to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 31 December
15
1999, it comes into operation on that day.
_______________
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Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998
s. 3
Act No.
PART 2--CONSUMER CREDIT (VICTORIA) ACT 1995
3. Principal Act
No. 41/1995.
In this Part the Consumer Credit (Victoria) Act
1995 is called the Principal Act.
4. Definitions
5
In section 3(1) of the Principal Act--
(a) for the definition of "Authority"
substitute--
' "Authority" means the Business Licensing
Authority established under the
10
Business Licensing Authority Act
1998;';
(b) the definition of "Credit Tribunal" is
repealed;
(c) for the definition of "Registrar" substitute--
15
' "Registrar" means the Registrar of the
Authority appointed under the Business
Licensing Authority Act 1998;';
(d) insert the following definition--
' "Tribunal" means Victorian Civil and
20
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.
5. References to Credit Tribunal
In section 8 of the Principal Act for "Credit
25
Tribunal" (wherever occurring) substitute
"Tribunal".
6. Application for registration
In section 13(3) of the Principal Act, after "fee"
insert "(if any)".
30
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Amendments) Act 1998
s. 7
Act No.
7. False or misleading statements
In section 14 of the Principal Act after "section
13" insert "or a statement lodged under section
24".
8. Register
5
At the end of section 19 of the Principal Act
insert--
"(2) A certificate under the hand of the Registrar
certifying as to any matter on the Register is
to be received in all courts as evidence of the
10
matter certified.".
9. Period of registration
In section 22 of the Principal Act for "cancelled"
substitute "suspended, cancelled or surrendered".
10. Annual fee
15
(1) In section 23 of the Principal Act for sub-section
(1) substitute--
"(1) A registered credit provider must, on each
anniversary of the day on which the credit
provider was registered or is deemed to have
20
been registered, pay to the Authority the
prescribed annual fee (if any) in respect of
the year commencing on that anniversary.
(1A) An annual fee may be paid at any time in the
6 weeks before it falls due.".
25
(2) In section 23 of the Principal Act, for sub-section
(4) substitute--
"(4) If the credit provider fails to pay a fee within
the time specified in a notice under sub-
section (3), the registration of the credit
30
provider is automatically cancelled.".
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Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998
s. 11
Act No.
11. Annual statement
(1) In section 24 for the Principal Act, for sub-
sections (1) and (2) substitute--
"(1) At any time in the 6 weeks before each
anniversary of the day on which a registered
5
credit provider was registered or is deemed
to have been registered, the registered credit
provider must lodge an annual statement
with the Authority in a form approved by the
Authority.
10
(2) If an annual fee is payable under section 23,
the annual statement must be lodged together
with that annual fee.
(2A) A statement under this section must contain
any information and be accompanied by any
15
documents required by the Authority.".
(2) In section 24(3) and (4) of the Principal Act for
"Registrar" substitute "Authority".
(3) In section 24(3) of the Principal Act for "his or
her" substitute "its".
20
(4) In section 24 of the Principal Act, for sub-section
(5) substitute--
"(5) If the credit provider fails to lodge a
statement within the time specified in a
notice under sub-section (4), the registration
25
of the credit provider is automatically
cancelled.".
12. New section 27 substituted
For section 27 of the Principal Act substitute--
"27. Cancellation of registration on request
30
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Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998
s. 13
Act No.
(1) The Registrar may cancel the registration of
a registered credit provider at the request of
the credit provider.
(2) If an application has been made to the
Tribunal under section 28 to conduct an
5
inquiry into a credit provider, the credit
provider may not, without leave of the
Tribunal, request a cancellation of
registration licence unless the Tribunal has
made an order under section 30(4) or has
10
determined not to make such an order.".
13. New section 28 substituted
For section 28 of the Principal Act substitute--
"28. Application for inquiry
At any time the Director or the Chief
15
Commissioner of Police or any other person
may apply to the Tribunal to conduct an
inquiry into a credit provider on a ground set
out in section 30(3).".
14. Repeal of section 29
20
Section 29 of the Principal Act is repealed.
15. New section 30 substituted
For section 30 of the Principal Act substitute--
"30. Inquiry by Tribunal
(1) The Tribunal must conduct an inquiry on the
25
application of the Director or the Chief
Commissioner of Police under section 28.
(2) The Tribunal may conduct an inquiry on the
application of any other person under section
28, if after giving the applicant and the credit
30
provider an opportunity to be heard, it
determines that the inquiry should be
conducted.
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Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998
s. 15
Act No.
(3) The Tribunal may make an order under sub-
section (4) if, after conducting an inquiry,
the Tribunal is satisfied that the credit
provider--
(a) provided false or misleading
5
information to the Authority or the
Registrar in or in connection with--
(i) an application for registration
under the Credit
(Administration) Act 1984 or
10
this Act; or
(ii) a statement under section 24 of
this Act; or
(b) has failed to comply with the Credit
Act 1984, the Credit (Administration)
15
Act 1984, this Act or the Consumer
Credit (Victoria) Code; or
(c) has not been carrying on business
efficiently, honestly and fairly, whether
before or after the commencement of
20
this section; or
(d) has failed to comply with a registered
undertaking under the Credit
(Administration) Act 1984; or
(e) has failed to comply with a condition of
25
registration imposed under the Credit
(Administration) Act 1984 or this
Part; or
(f) has been providing credit while the
credit provider's registration was
30
suspended under the Credit
(Administration) Act 1984 or this
Part; or
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Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998
s. 15
Act No.
(g) has become an insolvent under
administration; or
(h) has become an externally administered
body corporate within the meaning of
the Corporations Law; or
5
(i) has become prohibited from managing
a corporation under section 229(3) of
the Corporations Law; or
(j) has become a represented person within
the meaning of the Guardianship and
10
Administration Act 1986.
(4) For the purposes of sub-section (3), the
Tribunal may, by order, do one or more of
the following--
(a) reprimand the credit provider;
15
(b) order the credit provider to pay to the
Credit Fund established under the
Credit (Administration) Act 1984 a
penalty of up to $5000;
(c) impose a condition or restriction on the
20
registration;
(d) require the credit provider to comply
within, or for, a specified time, with a
specified condition imposed by the
Tribunal;
25
(e) subject to sub-section (5), suspend the
registration for a specified period not
exceeding 1 year;
(f) subject to sub-section (5), cancel the
registration and disqualify the credit
30
provider from holding registration
either permanently or for a specified
period;
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Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998
s. 16
Act No.
(g) require the credit provider to enter into
an undertaking to perform, or not to
perform, certain tasks to be specified in
the undertaking.
(5) If the registered credit provider is registered,
5
licensed or otherwise authorised to operate
under the Financial Institutions (Victoria)
Code or any other prescribed law providing
for the prudential supervision of the credit
provider, the Tribunal must, before holding
10
an inquiry, consult with and send a copy of
the application under section 28 to the body
responsible under that Code or law for the
registration, licensing or authorisation of the
credit provider.
15
(6) If the Registrar is given notice that the
Tribunal has imposed a condition on a credit
provider or cancelled or suspended the
registration of a credit provider, he or she
must cause details of the condition,
20
suspension or cancellation to be entered in
the Register.
(7) If the Tribunal imposes a condition on a
credit provider, the Authority may require
the credit provider to produce the certificate
25
of registration for endorsement of the
condition.
(8) A credit provider must comply with a
requirement under sub-section (7).
Penalty: 10 penalty units.".
30
16. Effect of suspension of registration
In section 31 of the Principal Act omit "27 or".
17. New section 31A inserted
After section 31 of the Principal Act insert--
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"31A. Return of certificate of registration
If the registration of a credit provider is
suspended or cancelled under this Act, the
person who was registered must return the
certificate of registration to the Authority
5
within 7 days of becoming aware of the
suspension or cancellation.
Penalty: 25 penalty units.".
18. Re-registration
In section 33 of the Principal Act--
10
(a) for "Authority" (wherever occurring)
substitute "Tribunal";
(b) for "Registrar" substitute "Authority".
19. Repeal of section 34
Section 34 of the Principal Act is repealed.
15
20. Regulations
In section 41(1)(c) of the Principal Act omit "the
Credit Registrar or".
_______________
20
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PART 3--CREDIT ACT 1984
21. Principal Act
No.
In this Part the Credit Act 1984 is called the 10097/1984.
Principal Act. Reprint No. 2
as at 3 April
1997.
22. Definitions
5
(1) In section 5(1) of the Principal Act--
(a) for the definition of "registered credit
provider" substitute--
' "registered credit provider" means a
credit provider who is registered under
10
Part 4 of the Consumer Credit
(Victoria) Act 1995;';
(b) insert the following definition--
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by
15
the Victorian Civil and
Administrative Tribunal Act 1998;'.
(2) In section 5 of the Principal Act, sub-section (1A)
is repealed.
23. Jurisdiction of courts and Tribunal
20
In section 6 of the Principal Act--
(a) for "a Tribunal" (wherever occurring)
substitute "the Tribunal";
(b) in sub-section (1)(a) omit "(including a
Small Claims Tribunal but)";
25
(c) in sub-section (1)(b) for "that Tribunal"
substitute "the Tribunal";
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(d) in sub-section (3) for "rules of Tribunals"
substitute "rules of the Tribunal".
24. References to Tribunal
(1) In sections 32, 47, 62, 74, 76, 81, 85, 86, 93, 102,
104, 110, 112, 116, 138, 139, 146, 150A and 152
5
of the Principal Act for "a Tribunal" (wherever
occurring) substitute "the Tribunal".
(2) In sections 74, 116 and 139, of the Principal Act
for "A Tribunal" (wherever occurring) substitute
"The Tribunal".
10
(3) In section 74 of the Principal Act, sub-section (8)
is repealed.
(4) Section 148 of the Principal Act is repealed.
(5) In sections 167A, 167C and 167D of the Principal
Act for "Tribunal" substitute "Credit Tribunal".
15
25. References to Credit Licensing Authority
(1) In sections 152 and 153 of the Principal Act for
"Credit Licensing Authority under the Credit
(Administration) Act 1984" substitute
"Tribunal".
20
(2) In section 153 of the Principal Act for "Credit
Licensing Authority" (where secondly occurring)
substitute "Tribunal".
_______________
25
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PART 4--CREDIT (ADMINISTRATION) ACT 1984
26. Principal Act
No.
In this Part the Credit (Administration) Act 10091/1984.
1984 is called the Principal Act. Reprint No. 2
as at 2 June
1994.
Further
amended by
Act No.
41/1995.
27. Definitions
5
In section 4 of the Principal Act--
(a) for the definition of "Authority"
substitute--
' "Authority" means the Business Licensing
Authority established under the
10
Business Licensing Authority Act
1998;'.
(b) the definitions of "Chairperson", "Credit
Registrar", "deputy chairperson",
"determination" and "member" are repealed;
15
(c) for the definition of "Director" substitute--
' "Director" means the Director of the
Office of Fair Trading and Business
Affairs in the Department of Justice;';
(d) for the definition of "Registrar" substitute--
20
' "Registrar" means the Registrar of the
Authority appointed under the Business
Licensing Authority Act 1998;';
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(e) for the definition of "Tribunal" substitute--
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.
5
28. Repeal of Part 3
Part 3 of the Principal Act is repealed.
29. Repeal of Part 5
Part 5 of the Principal Act is repealed.
30. Consumer Credit Fund
10
(1) In section 86AA of the Principal Act, for sub-
section (1) substitute--
"(1) There shall be kept in the Trust Fund under
the Financial Management Act 1994, a
trust account to be known as the Consumer
15
Credit Fund.".
(2) In section 86AA(2)(b) of the Principal Act after
"section" insert "30 or".
31. Repeal of sections 87 to 89B
Sections 87 to 89B of the Principal Act are
20
repealed.
32. Protection for things done under various Acts
(1) In section 89C of the Principal Act--
(a) omit "a member of the Authority, a member
of the Tribunal, the Registrar, a Deputy
25
Registrar, the Credit Registrar, a Deputy
Credit Registrar, the Director";
(b) for "any proceedings taken" substitute "any
information provided to the Authority".
(2) At the end of section 89C of the Principal Act
30
insert--
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"(2) Sub-section (1) does not apply to anything
done or omitted to be done in the
performance of a duty by a public statutory
authority, a member of a public statutory
authority or any person employed in the
5
service of the Crown.".
33. Payment from Consolidated Fund
In section 89D of the Principal Act, for "Credit
Registrar" substitute "principal registrar of the
Tribunal".
10
34. Regulations
(1) In section 95(1) of the Principal Act, paragraphs
(b), (c), (d), (e), and (f) are repealed.
(2) In section 95(1)(i) of the Principal Act, for "Credit
Registrar" substitute "principal registrar of the
15
Tribunal".
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PART 5--DOMESTIC BUILDING CONTRACTS AND
TRIBUNAL ACT 1995
No. 91/1995. 35. Principal Act
Reprint No. 2
In this Part, the Domestic Building Contracts
as at 14 July
1997. Further
and Tribunal Act 1995 is called the Principal
5 amended by
Act.
Nos 102/1997
and 109/1997.
36. Change of title of Act
In the title of the Principal Act omit "and
Tribunal".
37. Purpose and definitions
10
(1) In section 1 of the Principal Act for paragraph (b)
substitute--
"(b) to provide for the resolution of domestic
building disputes and other matters by the
Victorian Civil and Administrative Tribunal;
15
and".
(2) In section 3(1) of the Principal Act for the
definition of "Tribunal" substitute--
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by the
20
Victorian Civil and Administrative
Tribunal Act 1998;'.
38. Amendment of Part 5
(1) In the Principal Act--
(a) for the heading to Part 5 substitute--
25
"PART 5--FUNCTIONS OF TRIBUNAL";
(b) Division 1 of Part 5 is repealed;
(c) section 56 is repealed;
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(d) in section 57--
(i) in sub-section (2) for "dismiss"
substitute "stay";
(ii) in sub-section (3) for "section 97"
substitute "section 77 of the Victorian
5
Civil and Administrative Tribunal
Act 1998";
(iii) in sub-section (4) for "dismissed"
substitute "stayed".
(2) After section 57(4) of the Principal Act insert--
10
"(5) If a person applies to the Tribunal under sub-
section (4) the Tribunal must notify the
Court and on such notification the Court
must dismiss the action.
(6) Sub-section (5) does not apply if the
15
Tribunal refers the matter to the Court under
section 77(3) of the Victorian Civil and
Administrative Tribunal Act 1998.".
(3) For the heading to Subdivision 2 of Division 2 of
Part 5 substitute--
20
"Subdivision 2--Disputes involving insurance
claims and insurers' decisions".
39. New section 59A inserted
After the heading to Subdivision 2 of Division 2
of Part 5 insert--
25
"59A. Disputes concerning insurance claims
(1) The Tribunal has jurisdiction to hear and
determine any dispute concerning an
insurance claim concerning domestic
building work or an insurer's decision on
30
such a claim.
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(2) The Tribunal may make any order it
considers fair to resolve a dispute referred to
in sub-section (1).
(3) The Tribunal may hear and determine a
dispute under this section on the application
5
of--
(a) a party to the dispute; or
(b) the Director acting on behalf of one or
more building owners who are parties
to the dispute.".
10
40. Further amendment of Part 5
In the Principal Act--
(a) in section 61(1) for "person affected"
substitute "person whose interests are
affected";
15
(b) in section 61(2) and (3) for "person must
submit the application to the Registrar"
substitute "application must be made";
(c) in section 62 for "asks" substitute "applies
to";
20
(d) section 63 is repealed;
(e) Subdivision 3 of Division 2 of Part 5 is
repealed;
(f) Divisions 3, 4, 5, 6, 7, 8 and 9 of Part 5 are
repealed.
25
41. Funding
In section 124 of the Principal Act--
(a) in sub-section (2)(a) after "Tribunal" insert
"in respect of proceedings under this Act";
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(b) in sub-section (3) for paragraph (b)
substitute--
"(b) the costs and expenses of the Tribunal
in respect of proceedings under this
Act; and".
5
42. New section 134 substituted
For section 134 of the Principal Act substitute--
"134. Supreme Court--limitation of jurisdiction
It is the intention of section 57, as amended
by section 38 of the Tribunals and
10
Licensing Authorities (Miscellaneous
Amendments) Act 1998, to alter or vary
section 85 of the Constitution Act 1975.".
43. Regulation-making power
In section 135(1) of the Principal Act paragraph
15
(a) is repealed.
44. Transitional provision amendment
In section 168(b) of the Principal Act for
"Administrative Appeals Tribunal" substitute
"Victorian Civil and Administrative Tribunal".
20
45. Repeal of provisions for Domestic Building Tribunal
Schedule 1 to the Principal Act is repealed.
_______________
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PART 6--EQUAL OPPORTUNITY ACT 1995
No. 42/1995. 46. Principal Act
Reprint No. 1
In this Part, the Equal Opportunity Act 1995 is
as at 10 April
1997. Further
called the Principal Act.
amended by
No. 84/1997.
47. Definitions
5
In section 4 of the Principal Act--
(a) the definitions of "Deputy President",
"member", "proceedings" and "Registrar" are
repealed;
(b) for the definition of "party" substitute--
10
' "party", in relation to a complaint, means
the complainant or the respondent or
any person joined as a party to the
proceeding by the Tribunal;';
(c) for the definition of "Tribunal" substitute--
15
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.
48. Exemptions
20
In section 83 of the Principal Act for sub-sections
(4) and (5) substitute--
"(4) An exemption may be granted or renewed
subject to any conditions the Tribunal thinks
fit.
25
(5) An exemption may be granted, renewed or
revoked--
(a) on the application of a person whose
interests, in the opinion of the Tribunal,
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are or may be affected by the
exemption; or
(b) on the Tribunal's own initiative.".
49. Repeal of procedural provisions and specification of
parties
5
(1) In section 109(2) of the Principal Act for
paragraph (b) substitute--
"(b) after the conciliation has been completed but
before the complaint has been referred to the
Tribunal1.".
10
(2) In section 109 of the Principal Act for sub-section
(4) substitute--
"(4) The complainant is a party to a proceeding
on an application under sub-section (1).".
(3) In section 109 of the Principal Act sub-section (5)
15
is repealed.
(4) At the end of section 111 of the Principal Act
insert--
"(2) The Minister is not a party to a proceeding
on a complaint referred to the Tribunal under
20
sub-section (1) unless joined by the
Tribunal.".
(5) In section 115 of the Principal Act--
(a) in sub-section (2) for "President" substitute
"Tribunal";
25
(b) in sub-section (3) for "President" substitute
"Tribunal";
(c) in sub-section (4)--
(i) for "President" (where first occurring)
substitute "Tribunal, constituted by a
30
presidential member,";
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(ii) for "President" (where secondly
occurring) substitute "Tribunal";
(d) in sub-section (6) for "President" substitute
"Tribunal".
(6) In section 121 of the Principal Act for sub-section
5
(4) substitute--
"(4) The parties to a proceeding on an application
under sub-section (1) are the complainant
and the respondent.".
(7) In section 124 of the Principal Act for sub-section
10
(4) substitute--
"(4) The parties to a proceeding on an application
under sub-section (1) are the complainant
and the respondent.".
50. Special complaints
15
At the end of section 125 of the Principal Act
insert--
"(2) The question of whether or not a complaint
is a special complaint is to be determined by
the President.".
20
51. New section 126 substituted
For section 126 of the Principal Act substitute--
"126. Factors to be considered by Tribunal in
proceedings involving special complaints
(1) In making an order in a proceeding in respect
25
of a special complaint, the Tribunal must
have regard to--
(a) the extent to which the complaint
involves complex issues of policy,
administration or resource allocation
30
(whether in the private or public sector)
that are unsuitable for resolution by an
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order requiring particular action to be
taken or not taken; and
(b) the extent to which an order would
require continued supervision by the
Tribunal or would tend to promote the
5
taking of further proceedings for its
enforcement.
(2) Nothing in sub-section (1) limits the power
of the Tribunal to order the respondent to
pay compensation in accordance with section
10
136(a)(ii).".
52. Repeal of other special complaint provisions
Sections 127, 128, 129 and 130 of the Principal
Act are repealed.
53. Interim orders and preliminary conferences
15
(1) In the heading to Division 6 of Part 7 of the
Principal Act omit "and preliminary
conferences".
(2) After section 131(4) of the Principal Act insert--
"(5) The party against whom the interim order is
20
sought is a party to the proceeding on an
application under sub-section (1).
(6) Nothing in this section affects or takes away
from the Tribunal's power under section 123
of the Victorian Civil and Administrative
25
Tribunal Act 1998 to make orders of an
interim nature in a proceeding in the
Tribunal in respect of a complaint.".
(3) Sections 132 and 133 of the Principal Act are
repealed.
30
(4) In section 134(2) of the Principal Act omit
", 132".
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54. New section 134A inserted
After section 134 of the Principal Act insert--
"134A. Who are the parties to a proceeding?
(1) The complainant and the respondent are
parties to a proceeding in respect of a
5
complaint referred to in section 134(1).
(2) The Commission is not a party to a
proceeding in respect of a complaint referred
to in section 134(1)(a) unless joined by the
Tribunal.".
10
55. Extension of time
In section 135(3) of the Principal Act for
"President" substitute "Tribunal, constituted by a
presidential member,".
56. Further repeal of procedural provisions
15
(1) Sections 137, 138, 139 and 140 and Divisions 8, 9
and 10 of Part 7 of the Principal Act are repealed.
(2) In section 159(1) of the Principal Act for "inquire"
substitute "conduct an inquiry".
(3) In section 159 of the Principal Act for sub-section
20
(2) substitute--
"(2) In addition to any other party, a person who
is alleged to have contravened Part 3, 5 or 6
in relation to the subject-matter of the
inquiry is a party to the inquiry.".
25
57. New section 172A inserted
After section 172 of the Principal Act insert--
"172A. Staff of Commission
Any staff that are necessary for the purposes
of administering this Act are to be appointed
30
or employed under the Public Sector
Management Act 1992.".
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58. Abolition of Anti-Discrimination Tribunal
In the Principal Act--
(a) Division 3 of Part 9 is repealed;
(b) in the heading to Division 4 of Part 9 omit
"for the Commission and Tribunal";
5
(c) section 191 is repealed;
(d) in section 192--
(i) paragraphs (a) and (d) are repealed;
(ii) in paragraphs (e) and (f) omit "or the
Tribunal";
10
(e) in section 193--
(i) paragraphs (a) and (d) are repealed;
(ii) in paragraphs (e) and (f) omit "or the
Tribunal";
(f) in section 194 sub-sections (2) and (3) are
15
repealed.
59. Repeal of certain offences
Sections 198, 199 and 200 of the Principal Act are
repealed.
60. New section 202 substituted
20
For section 202 of the Principal Act substitute--
"202. Obstruction of Commission
A person must not--
(a) hinder or obstruct a member or member
of staff of the Commission or the Chief
25
Conciliator in the exercise of powers or
the performance of functions under this
Act; or
(b) use insulting language towards a
member or member of staff of the
30
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Commission or the Chief Conciliator
when the member or Chief Conciliator
is exercising powers or performing
functions under this Act.
Penalty: 20 penalty units.".
5
61. New section 203 substituted
For section 203 of the Principal Act substitute--
"203. False or misleading information
A person must not give any information or
make any statement to the Commission, the
10
Chief Conciliator or a person acting on
behalf of the Commission or the Chief
Conciliator in the exercise of powers or the
performance of functions under this Act if
the person knows that the information or
15
statement is false or misleading in any
material particular.
Penalty: 20 penalty units.".
62. Protection of people giving evidence
In section 210(b) of the Principal Act for ", the
20
Chief Conciliator or the Tribunal" substitute "or
the Chief Conciliator".
63. Amendment of regulation-making power
In section 212(a) of the Principal Act omit "the
procedure of the Tribunal or".
25
64. Repeal of spent transitionals
Section 216 of the Principal Act is repealed.
_______________
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PART 7--ESTATE AGENTS ACT 1980
65. Principal Act
No. 9428.
In this Part the Estate Agents Act 1980 is called
Reprinted to
the Principal Act. 23 January
1997.
66. Definitions
5
In section 4 of the Principal Act--
(a) after the definition of "agent's
representative" insert--
' "approved industry association" means--
(a) The Real Estate Institute of
10
Victoria Ltd.;
(b) The Victorian Stock Agents'
Association Inc.;
(c) any other industry association
approved by the Minister by
15
notice published in the
Government Gazette;'.
(b) for the definition of "Authority"
substitute--
' "Authority" means the Business Licensing
20
Authority established under the
Business Licensing Authority Act
1998;';
(c) for the definition of "Director" substitute--
' "Director" means the Director of the
25
Office of Fair Trading and Business
Affairs in the Department of Justice;';
(d) for the definition of "record" substitute--
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' "register" means the register kept under
section 33;';
(e) for the definition of "Registrar" substitute--
' "Registrar" means the Registrar of the
Authority appointed under the Business
5
Licensing Authority Act 1998;';
(f) after the definition of "residential property"
insert--
' "Secretary" means the person for the time
being holding the office of Secretary to
10
the Department of Justice under the
Public Sector Management Act
1992;';
(g) for the definition of "Tribunal" substitute--
' "Tribunal" means Victorian Civil and
15
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.
67. Functions and powers of Estate Agents Council
In section 6B(2) of the Principal Act--
20
(a) for paragraphs (b) and (c) substitute--
"(b) with the approval of the Minister, to
give directions to the Director in
respect of the implementation of such
policies;
25
(ba) to give advice to the Authority in
respect of the implementation of such
policies;
(c) with the approval of the Minister, to
recommend to the Director the making
30
of regulations by the Governor in
Council;";
28
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(b) in paragraph (f) for "Authority" substitute
"Director".
68. New Part IIB substituted
For Part IIB of the Principal Act substitute--
"PART IIB--ADMINISTRATION
5
7. Function of Authority
The Authority is responsible for
administering the licensing provisions of this
Act.
8. Powers of Authority to enter into
10
agreements
(1) The Authority, with the approval of the
Minister and after consultation with the
Council, may enter into agreements with
approved industry associations.
15
(2) An agreement under sub-section (1)--
(a) may contain such terms and conditions
as are determined by the Authority; and
(b) may provide for the performance by an
approved industry association of a
20
function of the Authority or a function
of the Registrar.
9. Functions of Director
The functions of the Director under this Act
are--
25
(a) to ensure that estate agents and agent's
representatives comply with trust
account procedures, professional
conduct rules and other requirements of
this Act and the regulations;
30
(b) to initiate inquiries before the Tribunal;
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(c) to deal with prosecutions, inquiries and
complaints under this Act;
(d) to provide assistance and support to the
Council including, at the direction of
the Council made with the approval of
5
the Minister under section 6B, to do
any act, matter or thing incidental or
conducive to the performance by the
Council of its functions;
(e) any other functions conferred on the
10
Director by or under this Act.
10. Powers of Director to enter into agreements
(1) The Director, with the approval of the
Minister and after consultation with the
Council, may enter into agreements with
15
approved industry associations.
(2) An agreement under sub-section (1)--
(a) may contain such terms and conditions
as are determined by the Director; and
(b) may provide for the performance by an
20
approved industry association of a
function of the Director (other than a
function under section 56A).
11. Delegation by Director
(1) The Director may, by instrument, delegate
25
to--
(a) the Authority; or
(b) the Registrar; or
(c) any person engaged or appointed under
section 7(2) or 15 of the Business
30
Licensing Authority Act 1998; or
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(d) any person employed or engaged to
work in the Office of Fair Trading and
Business Affairs; or
(e) any approved industry association--
any function or power of the Director under
5
this Act other than this power of delegation.
(2) The Director must consult with the Council
and obtain the approval of the Minister
before delegating a power or function to an
approved industry association under sub-
10
section (1).
11A. Delegation by Secretary
The Secretary may, by instrument, delegate
to the Director any function or power of the
Secretary under this Act other than this
15
power of delegation.".
69. Auctioneers of real estate
In section 13B of the Principal Act, sub-section
(3) is repealed.
70. Eligibility to obtain licence
20
(1) In section 14(1)(a)(i) of the Principal Act for
"rules" substitute "regulations".
(2) In section 14(5) of the Principal Act, after
paragraph (d) insert--
"(da) who is a represented person within the
25
meaning of the Guardianship and
Administration Act 1986; or".
71. Eligibility for employment as an agent's
representative
(1) In section 16(1) of the Principal Act, after
30
paragraph (d) insert--
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"(da) is not a represented person within the
meaning of the Guardianship and
Administration Act 1986; and".
(2) In section 16(1)(e) of the Principal Act for
"91B(3)(f)" substitute "28A(1)(f)".
5
(3) In section 16 of the Principal Act for sub-section
(5) substitute--
"(5) An estate agent must not employ a person to
act as an agent's representative at any time
during which the person's name is on the
10
record of ineligible persons in the register.
Penalty: 500 penalty units.".
72. Repeal of section 16A
Section 16A of the Principal Act is repealed.
73. Application for estate agent's licence
15
In section 17 of the Principal Act, sub-section (3)
is repealed.
74. New section 20 inserted
After section 19 of the Principal Act insert--
"20. Application to be referred to Director and
20
Chief Commissioner
(1) If an application is made under section 17,
the Authority, except in the prescribed
circumstances, must give any details of the
application that the Authority considers
25
relevant to the Director and the Chief
Commissioner of Police.
(2) The Director and the Chief Commissioner of
Police, on receiving details of the
application, must make any inquiries in
30
relation to the application that the Director or
the Chief Commissioner of Police considers
appropriate.
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(3) The Director and the Chief Commissioner,
after receiving the results of the inquiries,
must report to the Authority.
(4) A report may include recommendations.".
75. Grant and effect of licence
5
(1) In section 21 of the Principal Act for sub-sections
(1) and (3) substitute--
"(1) The Authority must consider every
application for an estate agent's licence.
(2) In considering an application for a licence,
10
the Authority may--
(a) conduct any inquiries it thinks fit;
(b) require an applicant to provide any
further information that the Authority
thinks fit in the manner required by the
15
Authority;
(c) seek and use advice and information on
the application from any other person
or body or source it thinks fit.
(3) The Authority may engage or appoint any
20
person to assist it in considering an
application.
(3A) The Authority may refuse to grant a licence
to a person if the person does not provide the
further information required within a
25
reasonable time of the requirement being
made.
(3B) The Authority is not required to conduct a
hearing to determine whether to grant a
licence or refuse to issue a licence.".
30
(2) In section 21(4B) of the Principal Act for "and its
reasons for the refusal" substitute "within 14 days
of the refusal".
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(3) In section 21 of the Principal Act, sub-sections
(4C) and (4D) are repealed.
(4) In section 21 of the Principal Act for sub-section
(5) substitute--
"(5) A licence--
5
(a) must be in a form determined by the
Authority; and
(b) must be issued and signed by the
Registrar; and
(c) must be endorsed with any conditions
10
and limitations imposed by the
Authority under sub-section (4A).".
(5) In section 21(10) of the Principal Act for "The
holder" substitute "Subject to sub-section (11),
the holder".
15
(6) After section 21(10) of the Principal Act insert--
"(11) If an application has been made to the
Tribunal to conduct an inquiry under section
25 in relation to an estate agent, the estate
agent may not, without leave of the Tribunal,
20
surrender the licence unless the Tribunal has
determined to take action under section 28A
or has determined not to take any such
action.".
76. New sections 21A and 21B inserted
25
After section 21 of the Principal Act insert--
"21A. Conditions of licence
(1) The Authority may--
(a) impose conditions that must be
complied with before it grants a
30
licence; and
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(b) on granting a licence, impose
conditions or restrictions on a licence;
and
(c) at any time on the application of any
person, or on its own initiative, impose
5
conditions or restrictions on a licence
or vary or revoke any of those
conditions or restrictions.
(2) A licensee must comply with the conditions
or restrictions on a licence.
10
Penalty: 100 penalty units.
21B. Endorsement of licence
(1) If under section 21A, 28A or 31D, a
condition or restriction or limitation is
imposed on an estate agent or varied or
15
revoked, the Authority may require the estate
agent to produce the licence for endorsement
of or variation or revocation of the condition
or restriction or limitation.
(2) An estate agent must comply with a
20
requirement under sub-section (1).
Penalty: 10 penalty units.".
77. Change of information
In section 24B of the Principal Act before "while"
insert "before a decision is made under section 21
25
to grant or refuse a licence or".
78. New sections 24C and 24D inserted
After section 24B of the Principal Act insert--
"24C. No application for 2 years after refusal
If the Authority refuses an application for a
30
licence, the applicant is not entitled to lodge
another application for a licence until the end
of 2 years after the refusal unless the
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Authority otherwise permits in a particular
case.
24D. Lost licence
If the Registrar is satisfied that a licence has
been lost or destroyed, the Registrar, on
5
payment of the prescribed fee, may issue a
duplicate licence or further copy.".
79. Inquiries into estate agents
(1) In section 25(1) and (2) of the Principal Act, for
"Authority" (wherever occurring) substitute
10
"Director or the Chief Commissioner of Police".
(2) In section 25 of the Principal Act, sub-sections (3)
to (6) are repealed.
80. Repeal of section 26 and 27
Sections 26 and 27 of the Principal Act are
15
repealed.
81. Inquiries into agent's representatives
(1) In section 28(1) of the Principal Act for
"Authority" substitute "Director".
(2) In section 28 of the Principal Act, sub-sections (2)
20
to (5) are repealed.
82. New section 28A inserted
After section 28 of the Principal Act insert--
"28A. Determination of Tribunal on inquiry
(1) After conducting an inquiry in respect of a
25
person under section 25 or 28, the Tribunal,
if it considers it appropriate, may, by order,
do any one or more of the following--
(a) reprimand the person;
(b) require the person to comply within, or
30
for, a specified time with a requirement
specified by the Tribunal;
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(c) cancel any licence held by the person
and disqualify the person either
permanently or for a specified period
from holding a licence;
(d) suspend any licence held by the person
5
for a specified period not exceeding one
year;
(e) impose any condition or limitation on
any licence held by the person;
(f) declare any person to be ineligible to
10
hold a licence or to be an agent's
representative either permanently or
temporarily;
(g) require the person to enter into an
undertaking to perform, or not to
15
perform, certain tasks to be specified in
the undertaking.
(2) In addition to the powers conferred by sub-
section (1), if the Tribunal determines that
the person has contravened or failed to
20
comply with this Act or the regulations, it
may impose a penalty not exceeding $5000
on the person and specify when the penalty
must be paid.
(3) Any penalty imposed under sub-section (2)
25
must be paid to the Estate Agents' Guarantee
Fund.
(4) If the Tribunal suspends or cancels a licence,
the cancellation or suspension takes effect on
the date specified by the Tribunal.
30
(5) If an estate agent fails to pay a penalty
imposed under sub-section (2) by the
required date, the Tribunal may without
giving the agent an opportunity to be
heard--
35
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84
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(a) suspend the agent's licence until the
penalty is paid; and
(b) cancel the licence if the penalty has still
not been paid after the end of a further
period of time equal to the initial period
5
of time the agent had in which to pay
the penalty.
(6) A reference to a person in this section
includes a reference to any person who was
an estate agent or agent's representative at
10
the time of any breach or alleged breach of
any relevant law, even though the person is
not an estate agent or agent's representative
at the time any action is taken under this
Act.".
15
83. New section 29A substituted
For section 29A of the Principal Act substitute--
"29A. Suspended and cancelled licences must be
returned
(1) If the Tribunal suspends or cancels a licence,
20
the person to whom the licence was issued
must return the licence to the Authority
within the period specified by the Tribunal.
Penalty: 25 penalty units.
(2) If a licence is automatically suspended or
25
cancelled under this Act, the person to whom
the licence was issued must return the
licence to the Authority within 7 days of
becoming aware of the suspension or
cancellation.
30
Penalty: 25 penalty units.".
84. Application to Authority for permission
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(1) In sections 31A, 31B, 31C and 31D of the
Principal Act for "Tribunal" (wherever occurring)
substitute "Authority".
(2) In section 31D of the Principal Act for sub-section
(2) substitute--
5
"(2) The Authority may at any time impose
conditions in respect of the permission or
vary or revoke any conditions it has
previously imposed.".
(3) In section 31D of the Principal Act for sub-section
10
(4) substitute--
"(4) If the Authority is satisfied that any
condition imposed in respect of a permission
has been contravened or not complied with,
it may revoke the permission.
15
(5) Before taking any action under this section,
the Authority may seek and use information
and advice from any person or body or other
source as it thinks fit.".
85. New section 32 substituted
20
For section 32 of the Principal Act substitute--
"32. Application for review
(1) A person whose interests are affected by a
decision of the Authority under this Act may
apply to the Tribunal for review of the
25
decision.
(2) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
or
30
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
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s. 86
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reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be
5
given.".
86. New section 33 substituted
For section 33 of the Principal Act substitute--
"33. Register
(1) For the purposes of this Act, the Registrar
10
must keep a register.
(2) The register must consist of--
(a) the record of estate agents and agents'
representatives kept under section 34;
and
15
(b) the record of ineligible persons kept
under section 34A.
(3) Subject to this Act and the regulations the
register must be kept in such form and
manner as the Authority thinks fit.
20
(4) The register must be kept open to inspection
free of charge during normal business hours.
(5) The Registrar may exercise the powers and
must perform the duties in relation to the
register that are prescribed.".
25
87. The record of estate agents and agents'
representatives
(1) In section 34 of the Principal Act for sub-section
(1) substitute--
"(1) The Registrar must keep a record of estate
30
agents and agents' representatives containing
details of--
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(a) all licences which are in force; and
(b) all approvals given under sections 30
and 30A which are in force.".
(2) In section 34 (2) of the Principal Act for
"Authority shall insert in the record" substitute
5
"Registrar must insert in the record kept under this
section".
(3) In section 34(3) of the Principal Act for
"Authority shall retain on the record" substitute
"Registrar must retain on the record kept under
10
this section".
(4) In section 34 of the Principal Act for sub-section
(4) substitute--
"(4) In the exercise and performance of his or her
powers and duties under this section, the
15
Registrar must act on such information as in
each case appears to the Registrar
sufficient.".
88. New section 34A inserted
After section 34 of the Principal Act insert--
20
"34A. Record of ineligible persons
(1) The Registrar must keep a record of
ineligible persons consisting of the names
and identifying details of--
(a) all persons in respect of whom an order
25
by the Tribunal under section 28A(1)(f)
is still in effect; and
(b) any person in relation to whom any
claim has been allowed against the
Estate Agents Guarantee Fund under
30
Part VII or against a corresponding
fund established under any previous
enactment; and
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(c) any person in respect of whom the
Authority has received a report under
section 16(6) and who is currently
ineligible to be an agent's representative
as a result of section 16(1)(c); and
5
(d) any estate agent, agent's representative,
or former estate agent or former agent's
representative that the Registrar has
been informed is an insolvent under
administration; and
10
(e) any estate agent, agent's representative,
or former estate agent or former agent's
representative that the Registrar has
been informed is a represented person
within the meaning of the
15
Guardianship and Administration
Act 1986.
(2) The Registrar must remove from the record
kept under this section, the name and
identifying details of any person who has
20
ceased to be ineligible to be employed as an
agent's representative as soon as the
Registrar becomes aware of the person's
change of status.".
89. Registered office and address
25
(1) In section 35(2), (4) and (6) of the Principal Act,
for "record" substitute "register".
(2) In section 35(2), (3), (4) and (6) of the Principal
Act, for "Authority" (wherever occurring)
substitute "Registrar".
30
90. Production of licence by agent
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In section 41(1) of the Principal Act, after
"Authority" insert ", to the Director".
91. Employees statements
In section 46 of the Principal Act for "Authority"
(wherever occurring) substitute "Director".
5
92. Information about commission
In section 49A(1) of the Principal Act for
"Authority" (wherever occurring) substitute
"Director".
93. Restriction on agent purchasing property
10
(1) In section 55 of the Principal Act for "Authority"
(wherever occurring) substitute "Director".
(2) In section 55(14) of the Principal Act for "it is
satisfied" substitute "the Director is satisfied".
94. New sections 56A and 56B inserted
15
After section 56 of the Principal Act insert--
"56A. Power of Director to investigate disputes
(1) The Director may investigate any dispute
that arises between an estate agent and--
(a) a client of the estate agent; or
20
(b) another estate agent; or
(c) a member of the public.
(2) However the Director must not investigate
any dispute between an estate agent and a
client of an estate agent concerning the
25
amount of commission or outgoings charged
by the agent unless the Director is given
notice of the dispute within 28 days after the
day that the client receives--
(a) an account for the amount in dispute; or
30
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(b) notice that the agent has taken from the
agent's trust account the amount in
dispute--
whichever is the later.
(3) Sub-section (2) does not apply if, in the
5
opinion of the Director, there are exceptional
circumstances.
(4) At the request of a party to the dispute, the
Director may refer to the Tribunal at any
time a dispute concerning the amount of
10
commission or outgoings charged.
56B. Powers of Tribunal in relation to disputes
(1) If a dispute concerning the amount of
commission or outgoings charged by an
estate agent is referred to the Tribunal under
15
section 56A, the Tribunal--
(a) may determine the dispute; and
(b) in the case of excess commission or
outgoings, may order the payment of
compensation.
20
(2) In determining whether an estate agent or
agent's representative has charged excess
commission or outgoings, the Tribunal must
have regard to--
(a) the terms of any agreement between the
25
parties to the dispute relating to the
payment of commission and outgoings;
(b) the real estate services performed by
the estate agent or agent's
representative;
30
(c) whether or not the conduct of the estate
agent or agent's representative was
unfair or unreasonable in the
circumstances;
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(d) any other matter the Tribunal considers
relevant.
(3) The parties to the dispute are parties to the
proceeding under this section.".
95. Trust money
5
In section 59 of the Principal Act for "Authority"
(wherever occurring) substitute "Director".
96. Arrangements with financial institutions
In section 60 of the Principal Act for "Authority"
(wherever occurring) substitute "Secretary".
10
97. Appointment of authorised institutions
In section 61 of the Principal Act for "Authority"
(wherever occurring) substitute "Secretary".
98. Accounts of trust money
In section 63 of the Principal Act for "Authority"
15
(wherever occurring) substitute "Director".
99. Audit of trust accounts
(1) In sections 64, 64A, 64B, 65, 66, 68, 69 and 70 of
the Principal Act for "Authority" (wherever
occurring) substitute "Director".
20
(2) In section 64A(2) of the Principal Act for "it
receives" substitute "he or she receives".
(3) In section 64A of the Principal Act for sub-section
(4) substitute--
"(4) The costs of an audit conducted under this
25
section shall be paid from the Estate Agents
Guarantee Fund.".
(4) For section 66(9) of the Principal Act
substitute--
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"(9) The Director, if in his or her opinion just
cause exists for doing so, may vary or revoke
any approval permission or authority granted
or given by the Director under this section.".
100. Estate Agents' Guarantee Fund
5
(1) In section 72 of the Principal Act for sub-sections
(1) and (2) substitute--
"(1) There shall be kept in the Trust Fund under
the Financial Management Act 1994 a trust
account to be called the Estate Agents'
10
Guarantee Fund.
(2) The Secretary is responsible for the
administration of the Fund.".
(2) In section 72 of the Principal Act, sub-sections (3)
to (6) are repealed.
15
101. Moneys constituting Fund
In section 73 of the Principal Act--
(a) in paragraph (a) for "Authority" substitute
"Secretary";
(b) for paragraph (e) substitute--
20
"(e) all penalties payable to the Fund under
this Act;";
(c) in paragraph (f) for "Authority" substitute
"Secretary";
(d) paragraph (g) is repealed;
25
(e) in paragraph (ha) for "Authority" substitute
"Director";
(f) after paragraph (ha) insert--
"(hb) all other moneys required to be paid
into the Fund under this or any other
30
Act;".
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102. Repeal of section 74
Section 74 of the Principal Act is repealed.
103. Payments out of Fund
(1) In section 75(1) of the Principal Act for "in such
order as the Authority deems proper" substitute
5
"at the direction of the Secretary and in such order
as the Secretary considers proper".
(2) In section 75(1) of the Principal Act--
(a) in paragraph (a) omit "against the
Authority"; and
10
(b) in paragraph (b), for "Authority" substitute
"Director".
(3) In section 75 of the Principal Act after paragraph
(b) insert--
"(ba) the costs and expenses of audits conducted
15
under section 64A;".
(4) In section 75(1) of the Principal Act for
paragraphs (c), (d), (e), (f) and (fa) substitute--
"(c) the fees and remuneration payable to the
members of the Council including the salary
20
of the chairperson;
(d) the costs and expenses incurred by the
Council in fulfilling its functions and duties
under this Act;
(e) the costs and expenses incurred by the
25
Director or by the Secretary in the
administration of this Act or the Fund;
(f) the costs and expenses incurred by or in
relation to the Authority or the Tribunal in
fulfilling its functions and duties under this
30
Act including the fees and remuneration
payable to the members of the Authority or
the Tribunal;".
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(5) In section 75(1) of the Principal Act, paragraph
(ga) is repealed.
(6) In section 75(2) of the Principal Act for
"Authority" substitute "Secretary".
104. Functions of Secretary and Tribunal in relation to the
5
Fund
(1) In sections 76, 81, 83, 84 and 89 of the Principal
Act for "Authority" (wherever occurring)
substitute "Secretary".
(2) Section 78 of the Principal Act is repealed.
10
(3) In section 81(5) of the Principal Act for "it shall"
substitute "he or she must".
(4) In section 81(5A) of the Principal Act for "make
application" substitute "apply".
(5) In section 81(5B) of the Principal Act omit
15
"unless the Tribunal permits the application to be
made out of time".
(6) In section 86(1) of the Principal Act, paragraph
(b) is repealed.
(7) In section 86 of the Principal Act, sub-sections (3)
20
to (6) are repealed.
(8) Sections 85 and 88 of the Principal Act are
repealed.
105. Contracts of insurance
In section 87 of the Principal Act--
25
(a) for "Authority" (wherever occurring)
substitute "Secretary";
(b) in sub-section (1) for "in its discretion"
substitute "in his or her discretion";
(c) sub-section (3) is repealed.
30
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106. Repeal of Part VIIA
Part VIIA of the Principal Act is repealed.
107. Proof by official certificate
In section 92 of the Principal Act for "Director"
substitute "Registrar".
5
108. Waiver of fees
In section 92A of the Principal Act for
"Authority" substitute "Registrar".
109. Complaints
In section 92C of the Principal Act--
10
(a) after "Authority" (where first occurring)
insert ", the Director";
(b) after "Authority" (where secondly occurring)
insert "Director,".
110. Repeal of section 95A
15
Section 95A of the Principal Act is repealed.
111. Protection for things one under this Act
(1) In section 97A of the Principal Act --
(a) omit "the Council, a member of the Council,
the Authority, the Tribunal, a member of the
20
Tribunal,";
(b) for "any proceeding taken" substitute "any
information provided to the Authority".
(2) At the end of section 97A of the Principal Act
insert--
25
"(2) Sub-section (1) does not apply to anything
done or omitted to be done in the
performance of a duty by a public statutory
authority, a member of a public statutory
authority or any person employed in the
30
service of the Crown.".
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112. Regulations
In section 99 of the Principal Act--
(a) in paragraph (a) for "record" substitute
"register";
(b) paragraph (b) is repealed;
5
(c) for paragraph (g) substitute--
"(g) prescribing fees payable--
(i) for or on the issue of certificates
by the Registrar; and
(ii) for searches of the registers and
10
other records kept by the
Registrar; and
(iii) for licences, including application
fees, annual fees, late payment
fees late lodgement fees and fees
15
for applications for extensions of
time;
(iv) for other applications to the
Authority under this Act;
(v) for the issue of other documents
20
under this Act;
(vi) for any other procedures required
by this Act, other than procedures
relating to the Tribunal;".
113. Statute law revision
25
In section 42(1) of the Principal Act, for "business
name" substitute "business".
_______________
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PART 8--GUARDIANSHIP AND ADMINISTRATION BOARD
ACT 1986
No. 58/1996.
114. Principal Act
Reprint No. 3
In this Part, the Guardianship and as at 19 June
1997.
Administration Board Act 1986 is called the
5
Principal Act.
115. Change of title of Act
In the title of the Principal Act omit "Board".
116. Definitions and objects
(1) In section 3(1) of the Principal Act--
10
(a) in the definition of "administration order" for
"Board" (where twice occurring) substitute
"Tribunal";
(b) the definitions of "Administrative Appeals
Tribunal", "Board", "division", "executive
15
officer", "member" and "President" are
repealed;
(c) in the definition of "determination" for
"Board" substitute "Tribunal";
(d) in the definition of "guardianship order" for
20
"Board" (wherever occurring) substitute
"Tribunal";
(e) insert the following definitions--
' "principal registrar" means principal
registrar of the Tribunal";
25
"Tribunal" means Victorian Civil and
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.
(2) In section 4(1) of the Principal Act paragraph (a)
30
is repealed.
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Act No.
117. Abolition of Guardianship and Administration Board
Part 2 of the Principal Act is repealed.
118. Public Advocate
(1) In section 15(c)(ii) of the Principal Act for
"Board" substitute "Tribunal".
5
(2) In section 16(1) of the Principal Act--
(a) in paragraphs (a) and (b) for "Board"
substitute "Tribunal";
(b) paragraph (c) is repealed;
(c) in paragraph (d) for "Board" (where twice
10
occurring) substitute "Tribunal";
(d) for paragraph (j) substitute--
"(j) report and make recommendations to
the Tribunal on behalf of any person
with a disability in any proceeding
15
under the Equal Opportunity Act
1995; and
(k) perform any other function and exercise
any other power conferred on him or
her by this or any other Act.".
20
(3) In the Principal Act--
(a) in section 17 sub-section (2) is repealed;
(b) in section 18(2)--
(i) for "Board" substitute "Tribunal";
(ii) for "or" (where secondly occurring)
25
substitute "to".
119. Application for guardianship order
(1) In section 19(1) of the Principal Act for "Board"
substitute "Tribunal".
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(2) In section 19 of the Principal Act for sub-section
(2) substitute--
"(2) In addition to any other parties, the following
are parties to a proceeding on an application
under sub-section (1)--
5
(a) the person in respect of whom the
application is made; and
(b) the person proposed as guardian.".
(3) In section 19 of the Principal Act sub-section (3)
is repealed.
10
120. New section 20 substituted
For section 20 of the Principal Act substitute--
"20. Who is entitled to notice of an application?
Each of the following is entitled to notice of
the making of an application for a
15
guardianship order, notice of the hearing of
the application and notice of any order made
by the Tribunal in respect of the
application--
(a) the nearest relative available of the
20
person in respect of whom the
application is made, not being--
(i) the applicant; or
(ii) the person proposed as guardian;
or
25
(iii) a person referred to in paragraph
(d);
(b) the primary carer of the person in
respect of whom the application is
made;
30
(c) the Public Advocate;
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(d) any administrator of the estate of the
person in respect of whom the
application is made.".2
121. Guardianship orders
(1) In the Principal Act--
5
(a) in sections 21, 22 and 23 for "Board"
wherever occurring substitute "Tribunal";
(b) in section 24 sub-section (3) is repealed;
(c) in section 25--
(i) for "Board" wherever occurring
10
substitute "Tribunal";
(ii) sub-section (2) is repealed;
(d) in section 26 for "Board" wherever occurring
substitute "Tribunal";
(e) in section 27(1) and (2) for "Board"
15
(wherever occurring) substitute "Tribunal".
(2) In section 27 of the Principal Act for sub-section
(4) substitute--
"(4) A person must not delay or obstruct a person
who is acting under an order under this
20
section.
Penalty: 20 penalty units.".
(3) In the Principal Act--
(a) in section 30--
(i) in sub-section (1) for "Board"
25
substitute "Tribunal";
(ii) sub-section (2) is repealed;
(iii) in sub-sections (3) and (4) for "Board"
(wherever occurring) substitute
"Tribunal";
30
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(b) in section 31 for "to the Board" substitute
"in writing to the Tribunal";
(c) in section 32(1) and (2) for "Board"
(wherever occurring) substitute "Tribunal".
(4) In section 32 of the Principal Act for sub-section
5
(3) substitute--
"(3) Each person who would be entitled to notice
under section 20 of an application under
section 19 is entitled to notice of the making
of an application under this section, notice of
10
the hearing of the application and notice of
any order made by the Tribunal in respect of
the application.".
(5) In the Principal Act--
(a) in section 32 sub-section (4) is repealed;
15
(b) in section 33--
(i) for "Board" (wherever occurring)
substitute "Tribunal";
(ii) sub-section (4) is repealed;
(c) in sections 34, 35, 37 and 38 for "Board"
20
(wherever occurring) substitute "Tribunal".
122. New section 39 substituted
For section 39 of the Principal Act substitute--
"39. Represented person is a party
If an application for consent is made under
25
section 38(2), the represented person in
respect of whom the application is made is a
party to the proceeding.".
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123. New section 39A inserted
After section 39 of the Principal Act insert--
"39A. Public Advocate entitled to notice of
application
The Public Advocate is entitled to notice of
5
an application under section 38(2), notice of
the hearing of the application and notice of
any order made by the Tribunal in respect of
the application.".
124. Further amendments for applications for consent to
10
medical procedures
In sections 40, 41 and 42 of the Principal Act, for
"Board" (wherever occurring) substitute
"Tribunal".
125. Applications for administration orders
15
(1) In section 43(1) and (2) of the Principal Act for
"Board" substitute "Tribunal".
(2) In section 43 of the Principal Act for sub-section
(3) substitute--
"(3) In addition to any other parties, the following
20
are parties to a proceeding on an application
under sub-section (1)--
(a) the person in respect of whom the
application is made; and
(b) the person proposed as administrator.".
25
(3) In section 43 of the Principal Act sub-section (4)
is repealed.
126. New section 44 substituted
For section 44 of the Principal Act substitute--
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"44. Who is entitled to notice of an application?
Each of the following is entitled to notice of
the making of an application for an order
appointing an administrator, notice of the
hearing of the application and notice of any
5
order made by the Tribunal in respect of the
application--
(a) the nearest relative available of the
person in respect of whom the
application is made;
10
(b) the primary carer (if any) of the person
in respect of whom the application is
made;
(c) the Public Advocate;
(d) any guardian of the person in respect of
15
whom the application is made;
(e) any person who has advised the
Tribunal of an interest in the person in
respect of whom the application is
made or in his or her estate.".
20
127. Administration orders
(1) In the Principal Act--
(a) in sections 45, 46 and 47 for "Board"
(wherever occurring) substitute "Tribunal";
(b) in section 48--
25
(i) for "Board" (wherever occurring)
substitute "Tribunal";
(ii) sub-section (2) is repealed;
(c) in section 51--
(i) in sub-section (1) for "Board"
30
substitute "Tribunal";
(ii) sub-section (3) is repealed;
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(d) in sections 52, 53 and 54 for "Board"
(wherever occurring) substitute "Tribunal";
(e) in section 55--
(i) for "Board" (wherever occurring)
substitute "Tribunal";
5
(ii) sub-section (3) is repealed;
(f) in section 56--
(i) for "Board" (wherever occurring)
substitute "Tribunal";
(ii) sub-section (2) is repealed;
10
(g) in section 57 for "Board" (wherever
occurring) substitute "Tribunal";
(h) in section 58(1), (2), (3), (4) and (6) for
"Board" (wherever occurring) substitute
"Tribunal";
15
(i) in section 58(7) omit "Board";
(j) in section 58(9A)--
(i) omit "Board";
(ii) for "administering this Act" substitute
"the Tribunal in respect of proceedings
20
under this Act";
(k) in section 58 sub-section (10) is repealed;
(l) in section 58A for "Board" (wherever
occurring) substitute "Tribunal";
(m) in sections 58B(2)(c) and 58D(1) for
25
"Board" substitute "Tribunal";
(n) in section 59(1) and (2) for "Board"
(wherever occurring) substitute "Tribunal".
(2) In section 59 of the Principal Act for sub-section
(3) substitute--
30
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"(3) Each person who would be entitled to notice
under section 44 of an application under
section 43 is entitled to notice of the making
of an application under this section, notice of
the hearing of the application and notice of
5
any order made by the Tribunal in respect of
the application.".
(3) In the Principal Act--
(a) in section 59 sub-section (4) is repealed;
(b) in section 60--
10
(i) for "Board" (wherever occurring)
substitute "Tribunal";
(ii) sub-section (4) is repealed.
128. New sections 61 and 62 substituted
For sections 61 and 62 of the Principal Act
15
substitute--
"61. Reviews
(1) The Tribunal must conduct a review of a
guardianship order or an administration
order--
20
(a) within 12 months after making the
order, unless the Tribunal orders
otherwise; and
(b) in any case, within 3 years after making
the order.
25
(2) The Tribunal may at any time conduct a
review of a guardianship order or an
administration order.
(3) A review under this section may be
conducted--
30
(a) on the Tribunal's own initiative; or
(b) on the application any person.
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(4) In addition to any other parties, the following
are parties to a review--
(a) the represented person; and
(b) the guardian or administrator (as the
case may be).
5
62. Who is entitled to notice of a review?
(1) Each of the following is entitled to notice of
the making of an application for a review
under section 61, notice of the hearing of the
review and notice of any order made by the
10
Tribunal in respect of the review--
(a) the nearest relative available of the
represented person in respect of whom
the application is made; and
(b) the primary carer (if any) of the
15
represented person in respect of whom
the application is made; and
(c) in the case of a review of a
guardianship order--
(i) the Public Advocate; and
20
(ii) any administrator of the estate of
the represented person; and
(d) in the case of a review of an
administration order, any guardian of
the represented person.
25
(2) If the Tribunal conducts a review on its own
initiative, the Tribunal must give notice of
the review, at least 7 days before the
proposed day of the hearing, to the parties
and to the persons specified in sub-section
30
(1).
(3) The Tribunal may, in a notice under sub-
section (2), advise that a person to whom the
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notice is given (other than a party) is not
required to attend the hearing if that person
does not have any matters to raise with the
Tribunal in relation to the review.".
129. Further amendments
5
(1) In the Principal Act--
(a) in section 63--
(i) in sub-section (1) for "Board"
substitute "Tribunal";
(ii) sub-section (2) is repealed;
10
(b) section 64 is repealed;
(c) in section 66(1) and (7) for "Board"
substitute "Tribunal".
(2) In section 66 of the Principal Act for sub-section
(2) substitute--
15
"(2) If a Court refers an issue to the Tribunal
under sub-section (1)--
(a) the referral is to be treated as if it were
an application to the Tribunal for the
making of a guardianship order or an
20
administration order (as the case
requires); and
(b) the prothonotary (in the case of a
referral by the Supreme Court) or the
principal registrar of the Court (in any
25
other case) is to be taken to be the
applicant.".
(3) In the Principal Act--
(a) sections 67, 68 and 69 are repealed;
(b) in section 70 sub-section (1) is repealed;
30
(c) sections 71 and 72 are repealed;
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(d) in section 73 paragraph (a) is repealed;
(e) section 74 is repealed;
(f) in section 79(5) for "Board" (where twice
occurring) substitute "Tribunal";
(g) in section 80 omit "or an order of the
5
Board";
(h) in section 82(1) paragraphs (a) and (b) are
repealed;
(i) in section 85--
(i) for "Board" (wherever occurring)
10
substitute "Tribunal";
(ii) sub-section (8) is repealed;
(j) Schedules 1 and 2 are repealed.
_______________
15
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PART 9--INTRODUCTION AGENTS ACT 1997
130. Principal Act
No. 75/1997.
In this Part the Introduction Agents Act 1997 is
called the Principal Act.
131. Definitions
5
In section 3 of the Principal Act insert the
following definitions--
' "Authority" means the Business Licensing
Authority established under the Business
Licensing Authority Act 1998;
10
"Director" means the Director of the Office of
Fair Trading and Business Affairs in the
Department of Justice;
"Registrar" means the Registrar of the Authority
appointed under the Business Licensing
15
Authority Act 1998;
"Tribunal" means Victorian Civil and
Administrative Tribunal established by the
Victorian Civil and Administrative
Tribunal Act 1998.'.
20
132. Notice
In section 15(1) of the Principal Act for
"Secretary" (where twice occurring) substitute
"Authority".
133. Notice that agreement void
25
In section 26(1) of the Principal Act for
"Secretary" substitute "Director".
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134. Annual statement and notice of termination
(1) In section 35 of the Principal Act--
(a) for "Secretary" (wherever occurring)
substitute "Authority";
(b) for "Within one month of" substitute "At
5
any time in the 6 weeks before".
(2) In section 36 of the Principal Act, for "Secretary"
(wherever occurring) substitute "Authority".
(3) In section 37 of the Principal Act, for "Secretary"
(wherever occurring) substitute "Authority".
10
135. Keeping of Register
(1) In section 39(1) of the Principal Act, for
"Secretary" substitute "Registrar".
(2) In section 39(2) of the Principal Act, for
"Secretary" substitute "Authority".
15
(3) In section 39(3) of the Principal Act--
(a) for "Secretary" (where first occurring)
substitute "Registrar"; and
(b) for "Secretary" (where secondly occurring)
substitute "Authority".
20
136. Section 40 substituted
For section 40 of the Principal Act substitute--
"40. Certificates
(1) A certificate certifying as to any matter
relating to the contents of the Register and
25
purporting to be signed by the Registrar is
admissible in evidence in any proceeding as
evidence of the matter certified.
(2) The Registrar must supply such certificate to
any person who asks for it and who pays the
30
prescribed fee (if any).".
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137. Delegation by Secretary
In section 41 of the Principal Act, for "writing"
substitute "instrument".
138. Section 41A inserted
After section 41 of the Principal Act insert--
5
"41A. Delegation by Director
The Director may, by instrument, delegate to
an officer or employee of the public service
any function or power of the Director under
this Act except this power of delegation.".
10
_______________
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PART 10--MOTOR CAR TRADERS ACT 1986
139. Principal Act
No. 104/1986. In this Part the Motor Car Traders Act 1986 is
Reprinted as
called the Principal Act.
at 10 April
1996. Further
amended by
No. 74/1996
140. Definitions
5
In section 3(1) of the Principal Act--
(a) for the definition of "Authority"
substitute--
' "Authority" means the Business Licensing
Authority established under the
10
Business Licensing Authority Act
1998;';
(b) for the definition of "Chairperson"
substitute--
' "Chairperson" means the Chairperson of
15
the Committee and includes a person
acting as Chairperson;';
(c) the definition of "Credit Tribunal" is
repealed;
(d) the definition of "Deputy Chairperson" is
20
repealed;
(e) for the definition of "Director" substitute--
' "Director" means the Director of the
Office of Fair Trading and Business
Affairs in the Department of Justice;';
25
(f) for the definition of "Registrar" substitute--
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' "Registrar" means the Registrar of the
Authority appointed under the Business
Licensing Authority Act 1998;';
(g) after the definition of "this Act" insert--
' "Tribunal" means Victorian Civil and
5
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.
141. Application for licence
(1) In section 8(1) of the Principal Act for "Registrar"
10
substitute "Authority".
(2) In section 8(2) of the Principal Act for "prescribed
form" substitute "form approved by the
Authority".
142. New section 10 inserted
15
After section 9 of the Principal Act insert--
"10. Notice of changes to details in application
If, before a decision is made under section
13 to grant or refuse a licence, a material
change occurs in any of the details provided
20
in the application for the licence, the
applicant must give the Authority written
details of the change as soon as practicable
after the applicant becomes aware of the
change.
25
Penalty: 25 penalty units.".
143. Notice of application
(1) In section 11(1) and (3) of the Principal Act for
"Registrar" substitute "Authority".
(2) In section 11 of the Principal Act--
30
(a) in sub-section (1), for "a copy of the
application" substitute "any details of the
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application that the Authority considers
relevant";
(b) in sub-section (2), for "a copy" substitute
"details".
(3) In section 11 of the Principal Act, after sub-
5
section (3) insert--
"(4) A report may include recommendations.".
144. Section 11A repealed
Section 11A of the Principal Act is repealed.
145. New section 12 substituted
10
For section 12 of the Principal Act substitute--
"12. Consideration of application
(1) In considering an application for a licence,
the Authority may--
(a) conduct any inquiries it thinks fit;
15
(b) require an applicant to provide any
further information that the Authority
thinks fit in the manner required by the
Authority;
(c) seek advice and information on the
20
application from any other person or
body or source as it thinks fit.
(2) The Authority may engage or appoint any
person or body to assist it in considering an
application.
25
(3) The Authority may refuse to grant a licence
to an applicant if the applicant does not
provide the further information required
within a reasonable time of the requirement
being made.".
30
146. Grant or refusal of licence
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(1) In section 13 of the Principal Act for sub-sections
(1) to (3) substitute--
"(1) The Authority must grant a licence to an
applicant if it is satisfied that--
(a) the application complies with this Act;
5
and
(b) the prescribed fee for the application
has been paid; and
(c) any required information has been
provided by the applicant under section
10
12; and
(d) there are no grounds for refusal of the
application under sub-section (4) or (6).
(2) The Authority must refuse an application for
a licence if it is satisfied that--
15
(a) the application does not comply with
this Act; or
(b) the prescribed fee for the application
has not been paid; or
(c) any required information has not been
20
provided by the applicant under section
12; or
(d) a ground for refusal of the application
exists under sub-section (4) or (6).
(3) The Authority is not required to conduct a
25
hearing to determine whether to grant a
licence or refuse an application for a
licence.".
(2) In section 13(4) of the Principal Act, for
paragraph (b) substitute--
30
"(b) the applicant is disqualified from holding a
licence under this Act or an Act providing
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for the licensing of motor car traders in any
other State or in a Territory; or".
(3) In section 13(4)(e) of the Principal Act for
"honestly, fairly and efficiently" substitute
"honestly and fairly".
5
(4) In section 13(4) of the Principal Act, for
paragraph (h) substitute--
"(h) the applicant does not have, or is not likely
to have, premises in which the applicant can
lawfully carry on such a business;".
10
(5) In section 13(6) of the Principal Act, after
paragraph (b) insert--
"(ba) in the case of a body corporate, the applicant
is an externally administered corporation; or
(bb) in the case of a partnership, any of the
15
partners is an insolvent under administration;
or".
(6) In section 13(6)(d) of the Principal Act, for
"honestly, fairly and efficiently" substitute
"honestly and fairly".
20
(7) In section 13(6) of the Principal Act, for
paragraph (j) substitute--
"(j) the partnership or body corporate does not
have, or is not likely to have, premises in
which it can lawfully carry on such a
25
business;".
(8) In section 13 of the Principal Act, sub-sections (7)
and (8) are repealed.
(9) In section 13 of the Principal Act for sub-section
(9) substitute--
30
"(9) If the Authority refuses an application for a
licence, the Authority must--
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(a) notify the applicant in writing of the
refusal within 14 days after the refusal;
and
(b) if the application was accompanied by
the first annual fee for the licence,
5
refund the fee to the applicant, as soon
as practicable".
(10) In section 13 of the Principal Act, after sub-
section (9) insert--
"(9A) The notice of refusal must specify the
10
ground under this section for refusal of the
application.".
(11) In section 13 of the Principal Act for sub-section
(10) substitute--
" (10) If the Authority grants a licence--
15
(a) the Authority must notify the applicant
in writing of that decision as soon as
practicable; and
(b) the Registrar must not issue the licence
under section 18 unless the prescribed
20
annual fee for each place where the
applicant carries on or proposes to
carry on business is, or has been, paid
to the Authority.".
(12) In section 13(11) of the Principal Act after "a
25
licence" insert "issued under section 18".
147. Endorsement of licence
In section 15 of the Principal Act for sub-section
(1) substitute--
"(1) If under section 14, 29D or 31, a condition or
30
restriction is imposed on a licensee or varied
or revoked, the Authority may require the
licensee to produce the licence for
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endorsement of or variation or revocation of
the condition or restriction.".
148. Authority to sell motor cars at public auction
(1) In section 16(1) and (2) of the Principal Act for
"Registrar" substitute "Authority".
5
(2) In section 16 of the Principal Act, sub-section (3)
is repealed.
(3) In section 16 of the Principal Act, for sub-section
(4) substitute--
"(4) The Authority may grant or refuse the
10
application.".
(4) In section 16(5) of the Principal Act for "serve
notice in writing on the applicant" substitute
"notify the applicant in writing".
(5) In section 16(6) of the Principal Act after "may"
15
insert "on its own initiative or on the
recommendation of the Director or the Chief
Commissioner of Police".
149. Name under which licensed motor car trader may
operate
20
(1) In section 17(1) of the Principal Act for "a
licence" substitute "the Authority".
(2) After section 17(2) of the Principal Act insert--
"(3) The Authority may at any time vary or
revoke an authorisation given under sub-
25
section (1).".
150. Form of licence
(1) In section 18(1) of the Principal Act, for
paragraph (a) substitute--
"(a) must be in a form approved by the Authority;
30
and".
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(2) In section 18(1)(c) of the Principal Act for "if it"
substitute "if the Authority".
(3) In section 18 of the Principal Act for sub-section
(2) substitute--
"(2) If the Authority adds to or varies or revokes
5
an authorisation under section 17 the
Authority must require the licensee to
produce the licence to the Registrar for the
addition of an endorsement or the
amendment or revocation of an endorsement
10
on the licence referred to in sub-section
(1)(c).
(3) A licensee must comply with the
requirement under sub-section (2).
Penalty: 10 penalty units.".
15
151. Change in directors of body corporate
In section 19A of the Principal Act, for paragraph
(a) substitute--
"(a) in the case of a proprietary company there
are less than the minimum number of
20
directors required under the Corporations
Law in relation to proprietary companies of
that class; or".
152. Licensee to give notice of changes
In section 20 of the Principal Act for "Registrar"
25
(wherever occurring) substitute "Authority".
153. Licences to be returned
In section 21 of the Principal Act for "Registrar"
substitute "Authority".
154. Register
30
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In section 22 of the Principal Act, for sub-section
(2) substitute--
"(2) Subject to this Act and the regulations, the
register--
(a) must contain the particulars specified
5
by the Authority of all applications to
and decisions of the Authority under
this Act; and
(b) must be kept in a manner and form that
the Authority thinks fit.".
10
155. Annual licence fee and statement
In section 23(1) of the Principal Act for "last
issued" substitute "granted".
156. Surrender of licence
(1) In section 27(1) of the Principal Act for
15
"Registrar" substitute "Authority".
(2) In section 27 of the Principal Act for sub-section
(2) substitute--
"(2) If an application has been made to the
Tribunal under section 30 for an inquiry in
20
relation to a licence, the licensee may not,
without leave of the Tribunal, surrender the
licence unless the Tribunal has determined to
take action under section 31(1) or has
determined not to take any such action.".
25
157. Authority may impose conditions
(1) In section 29D of the Principal Act, for sub-
section (2) substitute--
"(2) The Authority may at any time impose
conditions in respect of the permission or
30
vary or revoke any conditions previously
imposed.".
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(2) In section 29D of the Principal Act, for sub-
section (4) substitute--
"(4) If the Authority is satisfied that any
condition imposed in respect of a permission
has been contravened or not complied with,
5
it may revoke the permission.".
158. Disciplinary action
(1) In section 30 of the Principal Act, for sub-section
(1) substitute--
"(1) The Director or the Chief Commissioner of
10
Police may apply at any time to the Tribunal
to conduct an inquiry to determine whether
there are grounds for taking action under
section 31 against a licensee.".
(2) In section 30(2) of the Principal Act for "There is
15
proper cause for taking disciplinary action"
substitute "There are grounds for taking action
under section 31".
(3) In section 30 (3) of the Principal Act for
"Registrar" substitute "principal registrar of the
20
Tribunal".
(4) In section 30(4) of the Principal Act for
"Authority" (wherever occurring) substitute
"Tribunal".
159. Suspension of licence
25
(1) In section 30A(1) and (5) of the Principal Act for
"Authority" (wherever occurring) substitute
"Tribunal".
(2) In section 30A(2) of the Principal Act for "The
Chairperson of the Authority or a Deputy
30
Chairperson" substitute "A presidential member
of the Tribunal".
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(3) In section 30A(3) of the Principal Act for "The
Chairperson or Deputy Chairperson" substitute
"A presidential member of the Tribunal".
(4) In section 30A(4) of the Principal Act for "the
Chairperson or a Deputy Chairperson" substitute
5
"a presidential member of the Tribunal".
(5) In section 30A(6) of the Principal Act for
"Registrar" substitute "principal registrar of the
Tribunal".
160. Determination of disciplinary measures
10
(1) In section 31(1) of the Principal Act for "proper
cause for taking disciplinary action against a
licensee exists" substitute "there are grounds for
taking action under this section against a
licensee".
15
(2) In section 31(1)(b) of the Principal Act for "pay
the Authority" substitute "pay into the Fund".
(3) In section 31(1) of the Principal Act, for
paragraph (e) substitute--
"(e) require the licensee to enter into an
20
undertaking to perform, or not to perform,
certain tasks to be specified in the
undertaking;".
(4) In section 31(1)(g) of the Principal Act for "cause
for taking disciplinary action" substitute "ground
25
for taking action under this section".
(5) In section 31 of the Principal Act (except sub-
section (1)(b)) for "Authority" substitute
"Tribunal".
(6) In section 31(2A) of the Principal Act omit ", (e)".
30
161. Return of licence
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In section 31B(1) of the Principal Act for
"Authority" (where first and thirdly occurring)
substitute "Tribunal".
162. New section 32 substituted
For section 32 of the Principal Act substitute--
5
"32. Application for review
(1) A person whose interests are affected by a
decision of the Authority under section 13,
14, 17, 29A, 29B, 29C, 29D or 33 may apply
to the Tribunal for review of the decision.
10
(2) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
or
(b) if, under the Victorian Civil and
15
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
20
under section 46(5) of that Act that a
statement of reasons will not be
given.".
163. Credit Tribunal
In sections 45 and 47 of the Principal Act for
25
"Credit Tribunal" (wherever occurring) substitute
"Tribunal".
164. Notification of Director by credit provider
In section 49 of the Principal Act for "Registrar"
substitute "Director".
30
165. Particulars of used motor cars
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In section 52(3) of the Principal Act for
"Registrar" (wherever occurring) substitute
"Director".
166. Repeal of sections 64, 65, 68, 69, 71A, 71B and 72
Sections 64, 65, 68, 69, 71A, 71B and 72 of the
5
Principal Act are repealed.
167. New section 70 substituted
For section 70 of the Principal Act substitute--
"70. Procedure of Committee
(1) The Committee in carrying out its functions
10
may inform itself in any manner it thinks fit.
(2) Subject to this Act and the regulations, the
procedure of the Committee is in its
discretion.
(3) The Committee may at any time correct a
15
clerical mistake in any of its decisions or an
error arising in a decision from an accidental
slip or omission.".
168. Protection for things done under Part
In section 73 of the Principal Act omit "any
20
proceedings taken,".
169. Motor Car Traders' Guarantee Fund
(1) In section 74 of the Principal Act for sub-section
(1) substitute--
"(1) There shall be kept in the Trust Fund under
25
the Financial Management Act 1994, a
trust account to be called the "Motor Car
Traders' Guarantee Fund.".
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(2) In section 74 of the Principal Act for sub-section
(4) substitute--
"(4) There shall be paid out of the Fund the costs
of administration of this Act.".
170. Determination of claims
5
(1) In section 76(1)(a) of the Principal Act for "this
Act" substitute "sections 36, 38, 43(3), 54(2A),
54(2C) and 56(2) of this Act".
(2) In section 76(1)(f) of the Principal Act--
(a) for "Small Claims Tribunal" substitute
10
"Tribunal";
(b) for "Authority" substitute "Tribunal".
171. New section 79 substituted
For section 79 of the Principal substitute--
"79. Application for review
15
(1) A person whose interests are affected by a
decision of the Committee may apply to the
Tribunal for a review of that decision.
(2) An application for review must be made
within 28 days after the later of--
20
(a) the day on which the decision is made;
or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
25
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be
30
given.".
172. Proceedings
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In section 82H(5) of the Principal Act for
"Authority" substitute "Tribunal".
173. Complaints
In section 83D of the Principal Act after
"Authority" (wherever occurring) insert ", the
5
Director".
174. False or misleading statements
In section 84A(1) of the Principal Act, paragraph
(b) is repealed.
175. Production of records
10
(1) In section 84B(1) of the Principal Act--
(a) for "in any proceedings before the
Committee or the Authority" substitute "to
the Committee or the Authority in respect of
any application or claim under this Act";
15
(b) in paragraph (a) for "the proceedings"
substitute "the application or claim";
(c) in paragraph (c) for "Authority" substitute
"Registrar".
(2) In section 84B(2)(a) of the Principal Act for "in
20
the proceedings" substitute "in respect of the
application or claim".
176. New section 85A inserted
After section 85 of the Principal Act insert--
"85A. Simplified procedure concerning proof that
25
person traded in motor cars
(1) In any hearing of a charge for an offence
against section 7, a statement by the
prosecutor or the informant--
(a) that an address, telephone number or
30
post office box number is a person's
address, telephone number or post
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office box number is evidence of that
fact;
(b) that a person was registered in relation
to a business name on a specified date
is evidence of that fact;
5
(c) that an advertisement (or invitation to
treat) for the purchase, sale or exchange
of a motor car contained--
(i) the name, address, telephone
number or post office box number
10
of the person charged or an agent
of the person charged; or
(ii) a business name in relation to
which the person charged or an
agent of the person charged is
15
registered--
is evidence that the person charged
offered to buy, sell or exchange the
motor car (as the case may be);
(d) that such an advertisement (or
20
invitation to treat) was published is
evidence that the advertisement (or
invitation) was published;
(e) that such an advertisement (or
invitation to treat) was published on a
25
specified date is evidence that the
advertisement (or invitation) was
published on that date.
(2) Nothing in this section prevents the asking of
any question concerning the basis on which a
30
statement was made under this section.".
177. New section 86A inserted
After section 86 of the Principal Act insert--
"86A. Extension of time
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(1) The Authority, on the application of the
Director, the Chief Commissioner of Police
or any person or on its own initiative, may
extend any time limit fixed by this Act for
taking any action.
5
(2) The Authority may make an order under this
section even if an application for the making
of the order was not made until after the end
of the time appointed or fixed for taking the
action.
10
(3) This section does not apply to any time limit
applying to the taking of any proceeding
before the Tribunal.".
178. New section 87A inserted
After section 87 of the Principal Act insert--
15
"87A. Waiver or refund of fees
(1) The Registrar may, in a particular case or
class of cases--
(a) waive or reduce fees that would
otherwise be payable under this Act; or
20
(b) refund, in whole or in part, fees paid
under this Act.
(2) If--
(a) a person--
(i) pays a fee under this Act and the
25
Registrar then waives or reduces
the fee; or
(ii) is for any other reason entitled to a
refund of a fee under this Act; and
(b) the person owes the Authority or the
30
Committee any money--
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the Registrar may give the refund to which
the person is entitled to the Authority or the
Committee to enable it to be applied towards
the debt owed to the Authority or the
Committee.".
5
179. New section 89A inserted
After section 89 of the Principal Act insert--
"89A. Delegation by Director
The Director may, by instrument, delegate
to--
10
(a) the Authority; or
(b) the Registrar; or
(c) any person engaged or appointed under
section 7(2) or 15 of the Business
Licensing Authority Act 1998; or
15
(d) any person employed or engaged to
work in the Office of Fair Trading and
Business Affairs--
any function or power of the Director under
this Act other than this power of
20
delegation.".
180. Regulations
In section 90(1) of the Principal Act--
(a) paragraph (g) is repealed;
(b) for paragraph (j) substitute--
25
"(j) prescribing fees payable--
(i) for or on the issue of certificates
by the Authority;
(ii) for searches of the records kept by
the Authority;
30
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(iii) for licences, including application
fees and annual fees;
(iv) for other applications to the
Authority under this Act;
(v) for the issue of other documents
5
under this Act;
(vi) for any other procedures required
by this Act, other than procedures
relating to the Tribunal;".
181. Repeal of Part 7
10
Part 7 of the Principal Act is repealed.
_______________
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PART 11--PLANNING AND ENVIRONMENT ACT 1987
No. 45/1987.
182. Principal Act
Reprint No. 3
In this Part the Planning and Environment Act as at
15 February
1987 is called the Principal Act. 1996. Further
amended by
Nos 22/1996,
77/1996,
89/1997 and
103/1997.
183. Definitions
5
In section 3 of the Principal Act--
(a) the definition of "Administrative Appeals
Tribunal" is repealed;
(b) insert the following definitions--
' "principal registrar" means principal
10
registrar of the Tribunal;
"Tribunal" means Victorian Civil and
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.
15
184. New section 83 substituted and 83A and 83B inserted
For section 83 of the Principal Act substitute--
"83. Parties to review
(1) In addition to any other party to a proceeding
for review under this Act, a referral authority
20
is a party to a proceeding for review--
(a) of a refusal to grant a permit if--
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(i) the referral authority had objected
to the grant of the permit; or
(ii) it was refused because a condition
required by the referral authority
conflicted with a condition
5
required by another referral
authority; and
(b) of a permit condition if the referral
authority had required the condition to
be included in the permit.
10
(2) In addition to any other party to a proceeding
for review under this Act, an objector is a
party to a proceeding for review if the
objector--
(a) is given notice of the application for
15
review under this Act; and
(b) in accordance with the Victorian Civil
and Administrative Tribunal Act
1998, lodges with the Tribunal a
statement of the grounds on which the
20
objector intends to rely at the hearing of
the proceeding.
83A. Objectors entitled to notice
(1) A person who objected to the grant of a
permit is entitled to notice of an application
25
by the applicant for the permit for review
of--
(a) a decision refusing to grant the permit;
or
(b) a failure to grant the permit; or
30
(c) a decision imposing a condition on the
permit.
(2) Sub-section (1) does not apply to a person if
under a planning scheme the person is not
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entitled to apply to the Tribunal under
section 82 for a review of a decision to grant
the permit.
83B. Notice if permit application was made
without notice
5
(1) If the President of the Tribunal is satisfied
that notice of an application for a permit was
not given or that notice is not adequate, he or
she may direct--
(a) an applicant for review of a decision to
10
grant or to refuse to grant, or a failure
to grant, the permit--
(i) to serve a copy of the application
for review on any specified
person; or
15
(ii) to publish a notice of the
application for review in the
manner and within the time
specified by the President; or
(iii) to do both (i) and (ii); or
20
(b) the responsible authority, at the
expense of the applicant for review, to
give or publish notice of the application
for review to the persons, in the manner
and within the time specified by the
25
President.
(2) The President may give a direction under
sub-section (1) whether or not the Tribunal
has begun to hear the review.
(3) If an applicant for review of a decision to
30
refuse to grant, or a failure to grant, a permit
fails to comply with a direction under sub-
clause (1)(a) the application for review
lapses.
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(4) A notice given or published under this
section is to be in the form and contain the
matters--
(a) specified by the rules of the Tribunal;
or
5
(b) as directed by the President.
(5) This section does not permit the Tribunal to
require notice to be given to a person if
under a planning scheme the person is not
entitled to apply to the Tribunal under
10
section 82 for a review of a decision to grant
the permit.".
185. Application may be determined after application for
review is made
(1) In section 84(1) of the Principal Act for "appeal is
15
lodged against" substitute "application is made
for review of".
(2) In section 84 of the Principal Act for sub-sections
(3) and (4) substitute--
"(2) Except in accordance with the advice of the
20
principal registrar under sub-section (4), the
responsible authority must not issue or give a
permit, notice of decision or notice of refusal
to the applicant, a referral authority or any
objector after an application is made to the
25
Tribunal for review of a failure to grant a
permit.
(3) The responsible authority must inform the
principal registrar if the responsible authority
decides to grant a permit with or without
30
conditions after an application is made for
the review of its failure to grant the permit.
(4) The principal registrar must refer the
decision of the responsible authority to a
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presidential member of the Tribunal for
consideration.
(5) If the presidential member of the Tribunal so
directs, the principal registrar must advise
the responsible authority that a permit in
5
accordance with the responsible authority's
decision may be issued.
(6) The responsible authority must issue the
permit within 3 working days after receiving
that advice.".
10
186. New sections 84A and 84B inserted
After section 84 of the Principal Act insert--
"84A. Parties not restricted to grounds previously
notified
A party in a proceeding for review under this
15
Act is not restricted at the hearing of the
proceeding to any grounds previously
notified to the other parties (whether in the
course of or before the proceeding) or the
Tribunal.
20
84B. Matters which Tribunal may take into
account
(1) In determining an application for review
under this Act, the Tribunal--
(a) must take into account any relevant
25
planning scheme;
(b) must have regard to the objectives of
planning in Victoria;
(c) must (where appropriate) take account
of the approved regional strategy plan
30
under Part 3A;
(d) must take account of and give effect to
any relevant State environment
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protection policy declared in any Order
made by the Governor in Council under
section 16 of the Environment
Protection Act 1970;
(e) must (where appropriate) take account
5
of the extent to which persons residing
or owning land in the vicinity of the
land which is the subject of the
application for review were able to and
in fact did participate in the procedures
10
required to be followed under this Act
before the responsible authority could
make a decision in respect of the
application for a permit;
(f) must (where appropriate) have regard
15
to any amendment to a planning
scheme which has been adopted by the
planning authority but not, as at the
date on which the application for
review is determined, approved by the
20
Minister;
(g) must (where appropriate) have regard
to any agreement made pursuant to
section 173 affecting the land the
subject of the application for review;
25
(h) must (where appropriate) have regard
to any amendment to the approved
regional strategy plan under Part 3A
adopted under this Act but not, as at the
date on which the application for
30
review is determined, approved by the
Minister;
(i) must take account of any other matter
which the Tribunal is required by the
provisions of this Act to take account of
35
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in determining the application for
review.
(2) The matters set out in sub-section (1) are in
addition to any other matters which the
person or body in respect of whose decision
5
the application for review is made could
properly take account of or have regard to in
making its decision.".
187. New section 86 inserted
After section 85 of the Principal Act insert--
10
"86. Issue of permit
If an order made by the Tribunal requires a
responsible authority to issue a permit, the
responsible authority must issue that
permit--
15
(a) if the responsible authority is a
Minister, within 3 working days after
the day on which the responsible
authority receives a copy of the order;
or
20
(b) in any other case, within 3 working
days after the first ordinary meeting of
the responsible authority held after it
receives a copy of the order.".
188. Enforcement orders
25
(1) In section 114 of the Principal Act--
(a) in sub-section (1) for "Administrative
Appeals Tribunal" substitute "Tribunal";
(b) sub-sections (2) and (4) are repealed.
(2) In section 115 of the Principal Act for sub-section
30
(1) substitute--
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"The following persons are entitled to notice
of an application for an enforcement order--
(a) the responsible authority if it is not the
applicant;
(b) any person against whom the
5
enforcement order is sought;
(c) the owner of the land;
(d) the occupier of the land;
(e) any other person whom the Tribunal
considers may be adversely affected by
10
the enforcement order.".
(3) In section 115 of the Principal Act sub-sections
(2), (3), (4) and (5) are repealed.
(4) In the Principal Act--
(a) in sections 116 and 117(1) for
15
"Administrative Appeals Tribunal"
substitute "Tribunal";
(b) section 118 is repealed;
(c) in section 119 for "Administrative Appeals
Tribunal" substitute "Tribunal";
20
(d) in section 120, sub-sections (5), (7) and (8)
are repealed;
(e) in section 122, sub-sections (1), (2) and (3)
are repealed;
(f) in section 122(4), omit "any other section
25
of".
189. New heading to Division 5 of Part 6
For the heading to Division 5 of Part 6 of the
Principal Act substitute--
"Division 5--Applications to Tribunal".
30
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190. New sections 148, 149 and 149A substituted
For sections 148, 149 and 149A of the Principal
Act substitute--
'148. Definitions
In this Division--
5
"specified body" means--
(a) a Minister; or
(b) the responsible authority; or
(c) a public authority; or
(d) a municipal council; or
10
(e) a referral authority;
"specified person" means in relation to a
matter--
(a) the owner, user or developer of
the land directly affected by the
15
matter; or
(b) a specified body; or
(c) if the matter affects Crown land,
the occupier of the Crown land.
149. Application for review
20
(1) A specified person may apply to the Tribunal
for the review of--
(a) a decision of a specified body in
relation to a matter if a planning
scheme specifies or a permit contains a
25
condition that the matter must be done
to the satisfaction, or must not be done
without the consent or approval, of the
specified body; or
(b) a decision of a specified body in
30
relation to a matter if an agreement
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under section 173 provides that the
matter must be done to the satisfaction,
or must not be done without the
consent, of the specified body and
makes no provision for settling disputes
5
in relation to the matter; or
(c) a decision of a specified body or of a
person or body specified in an
enforcement order in relation to a
matter if the order requires that the
10
matter must be done to the satisfaction
of that person or body; or
(d) if there is no prescribed time for a
decision of a kind referred to in
paragraph (a), (b) or (c), a failure of a
15
person or body to make that decision
within a reasonable time after the
matter is referred to it.
(2) An application for review of a decision
referred to in sub-section (1)(a), (b) or (c)
20
must be made within 28 days after the day on
which the decision is made.
(3) The responsible authority is a party to any
proceedings under this section.
149A. Application by specified person for
25
declaration
(1) A specified person may apply to the Tribunal
for the determination of a matter if--
(a) the matter relates to the interpretation
of the planning scheme or a permit in
30
relation to land or a particular use or
development of land;
(b) the matter relates to whether section
6(3) applies to a particular use or
development of land; or
35
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(c) the matter relates to a provision of a
planning scheme or amendment
permitting the continuation of a use
lawfully existing before the coming
into operation of the planning scheme
5
or amendment, or permitting the use of
buildings or works for a purpose for
which they were lawfully erected or
carried out before the coming into
operation of the planning scheme or
10
amendment.
(2) The Tribunal may determine the matter and
may do one or both of the following--
(a) make any declaration that it considers
appropriate;
15
(b) direct a specified body to take, or
refrain from taking, action specified by
the Tribunal.
(3) The responsible authority is a party to any
proceedings under this section.
20
(4) The Tribunal's power under this section is
exercisable only by a presidential member of
the Tribunal or a member of the Tribunal
who is a legal practitioner.
149B. General application for declaration
25
(1) A person may apply to the Tribunal for a
declaration concerning--
(a) any matter which may be the subject of
an application to the Tribunal under
this Act; or
30
(b) anything done by a responsible
authority under this Act.
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(2) On an application under sub-section (1), the
Tribunal may make any declaration it thinks
appropriate in the circumstances.
(3) The Tribunal's power under this section is
exercisable only by a presidential member of
5
the Tribunal.'.
191. Consequential amendment of references
(1) In sections 60(6), 67, 73, 89, 90, 91, 92, 93, 94,
97Q, 120, 121, 123, 150 and 184 of the Principal
Act for "Administrative Appeals Tribunal"
10
(wherever occurring) substitute "Tribunal".
(2) In the Principal Act--
(a) in section 39--
(i) for "Administrative Appeals Tribunal"
(wherever occurring) substitute
15
"Tribunal";
(ii) in sub-section (2) omit "under the
Planning Appeals Act 1980";
(iii) sub-section (6) is repealed;
(b) in section 51(a) for "appeal" substitute
20
"application for review";
(c) in section 51 for paragraph (b) substitute--
"(b) if an application for review is made to
the Tribunal within that period, the
application is determined by the
25
Tribunal or withdrawn.";
(d) in section 54(2) for "appeal may be lodged
under section 79 against a failure to grant a
permit" substitute "application for review
may be made under section 79";
30
(e) in section 57(5) for "appeal may be lodged
against a decision on the application"
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substitute "application may be made for
review of a decision on the application".
(3) In section 64 of the Principal Act for sub-section
(3) substitute--
"(3) The responsible authority must not issue the
5
permit to the applicant--
(a) until the end of the period within which
an objector may apply to the Tribunal
for a review of the decision to grant the
permit; or
10
(b) if an application for review is made
within that period, until the application
is determined by the Tribunal or
withdrawn.".
(4) In the Principal Act--
15
(a) for the heading to Division 2 of Part 4 of the
Principal Act substitute--
"Division 2--Reviews by Tribunal";
(b) in sections 77, 78, 79, 80, 81, 82(1) and 82A
for "appeal to the Administrative Appeals
20
Tribunal against" substitute "apply to the
Tribunal for review of";
(c) in section 82(2) after "applications" insert
"for permits";
(d) in section 82AA for "of appeal to the
25
Administrative Appeals Tribunal against"
substitute "to apply to the Tribunal for
review of";
(e) in section 82B of the Principal Act--
(i) in sub-section (1) for "apply to the
30
Administrative Appeals Tribunal for
leave to appeal against" substitute
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"apply to the Tribunal for leave to
apply for review of";
(ii) in sub-section (2) for "Administrative
Appeals Tribunal" substitute
"Tribunal".
5
(5) In section 82 of the Principal Act, for sub-section
(3) substitute--
"(3) If a planning scheme exempts a decision of
an application for a permit from sub-section
(1), an application for review cannot be
10
made under that sub-section in respect of
that decision.".
(6) In section 82B of the Principal Act, for sub-
section (3) substitute--
"(3) The Tribunal is not required to hold a
15
hearing under sub-section (2) if the applicant
for the permit consents to the request for
leave to apply for review.".
(7) In section 82B of the Principal Act, for sub-
section (5) substitute--
20
"(5) If leave is granted by the Tribunal, the
person affected may apply to the Tribunal
for review of the decision of the responsible
authority to grant the permit.".
(8) In section 82B of the Principal Act after
25
"application" (where twice occurring) insert "for
a permit".
(9) In section 85 of the Principal Act--
(a) in sub-section (1)--
(i) for "an appeal, the Administrative
30
Appeals Tribunal" substitute "an
application for review, the Tribunal";
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(ii) for "appeal against" (wherever
occurring) substitute "application for
review of";
(iii) in paragraph (d)(i) after "application"
insert "for a permit".
5
(b) in sub-section (3) for "Administrative
Appeals Tribunal" substitute "Tribunal";
(10) In section 85 of the Principal Act, for sub-section
(2) substitute--
"(2) If the Tribunal gives a direction under sub-
10
section (1)(d)(i), the prescribed period for
the purpose of making an application for
review under section 79 begins on the day on
which the direction is given.".
(11) In section 87 of the Principal Act for
15
"Administrative Appeals Tribunal" (wherever
occurring) substitute "Tribunal".
(12) In section 87 of the Principal Act for sub-sections
(6) and (7) substitute--
"(6) Without limiting the powers of the Tribunal,
20
the Tribunal may cancel or amend a permit
that is issued following an application for
review.
(7) The Tribunal must not cancel or amend a
permit on a ground mentioned in sub-section
25
(1)(a), (c) or (f) unless there has been no
application under Division 2 on that ground
for review of the decision to grant the permit
or of a condition of the permit.".
(13) In the Principal Act--
30
(a) in section 97P--
(i) in sub-section (1) for "appeal to the
Administrative Appeals Tribunal
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against" substitute "apply to the
Tribunal for review of";
(ii) in sub-section (2) for "appeal, the
Administrative Appeals Tribunal"
substitute "application, the Tribunal";
5
(iii) in sub-section (3) for "Administrative
Appeals Tribunal" substitute
"Tribunal";
(b) in section 99--
(i) for "Administrative Appeals Tribunal"
10
(wherever occurring) substitute
"Tribunal";
(ii) for "any appeal against" substitute
"any application for review of".
(c) in section 201D, sub-sections (1) and (3) are
15
repealed;
(d) in section 202 for paragraphs (c) and (ca)
substitute--
"(c) prescribing--
(i) the time after which an application
20
may be made to the Tribunal for
review of a failure by a
responsible authority to determine
an application;
(ii) the times from which the periods
25
for other applications for review
begin to run;
(iii) the times within which
applications to the Tribunal may
be made under this Act;
30
(iv) different times under this
paragraph for different classes of
applications;".
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192. Repeal of sections 209 and 210
Sections 209 and 210 of the Principal Act are
repealed.
_______________
5
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PART 12--PROSTITUTION CONTROL ACT 1994
193. Principal Act
No. 102/1994. In this Part the Prostitution Control Act 1994 is
Reprint No. 2
called the Principal Act.
as at 28
October 1997.
194. Definitions
5
In section 3 of the Principal Act--
(a) in the definition of "approved manager" for
"Board" substitute "Authority";
(b) insert the following definitions--
' "Authority" means the Business Licensing
10
Authority established under the
Business Licensing Authority Act
1998;
"Director of Fair Trading" means the
Director of the Office of Fair Trading
15
and Business Affairs in the Department
of Justice;
"Tribunal" means Victorian Civil and
Administrative Tribunal established by
the Victorian Civil and
20
Administrative Tribunal Act 1998;'.
(c) the definitions of "Board" and "member" are
repealed;
(d) in the definition of "disqualifying offence"
for "Board" substitute "Authority";
25
(e) in the definition of "Fund" omit "Board";
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(f) for the definition of "registrar" substitute--
' "Registrar" means the Registrar of the
Authority appointed under the Business
Licensing Authority Act 1998;'.
195. Register of businesses
5
In section 24 of the Principal Act--
(a) for "Board" (wherever occurring) substitute
"Authority";
(b) for "registrar" (wherever occurring)
substitute "Registrar";
10
(c) in sub-section (3) after "inspected" insert
"by the Director of Fair Trading,".
196. New Division 2 of Part 3 substituted
In Part 3 of the Principal Act, for Division 2
substitute--
15
"Division 2--The Authority and the Director
of Fair Trading
25. Functions of Authority
The functions of the Authority under this Act
are--
20
(a) to determine licence applications;
(b) to determine manager approval
applications;
(c) to liaise with the police force so as to
assist the police force in carrying out its
25
functions in relation to prostitution;
(d) to refer relevant matters for
investigation by the WorkCover
Authority, the Australian Taxation
Office or the Commonwealth
30
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Department of Immigration and Ethnic
Affairs or any other body;
(e) to inform the Advisory Committee
about issues and trends relevant to its
functions.
5
26. Functions of Director of Fair Trading
The functions of the Director of Fair Trading
under this Act are--
(a) to administer the Prostitution Control
Fund;
10
(b) to refer to the police force for
investigation prostitution-related
complaints, including complaints from
prostitutes;
(c) to liaise with the Authority and the
15
police force so as--
(i) to assist the Authority in carrying
out its functions under this Act;
and
(ii) to assist the police force in
20
carrying out its functions in
relation to prostitution;
(d) to refer relevant matters for
investigation by the WorkCover
Authority, the Australian Taxation
25
Office or the Commonwealth
Department of Immigration and Ethnic
Affairs or any other body.
27. Delegation by Director of Fair Trading
The Director of Fair Trading may, by
30
instrument, delegate to--
(a) the Authority; or
(b) the Registrar; or
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(c) any person engaged or appointed under
section 7(2) or 15 of the Business
Licensing Authority Act 1998; or
(d) any person employed or engaged to
work in the Office of Fair Trading and
5
Business Affairs--
any function or power of the Director under
this Act other than this power of
delegation.".
197. Application for licence
10
(1) In section 33 of the Principal Act for "Board"
(wherever occurring) substitute "Authority".
(2) In section 33(2)(a) for "prescribed form"
substitute "form approved by the Authority".
198. New section 34 substituted
15
For section 34 of the Principal Act substitute--
"34. Applications to be made available to the
public
The Authority must make a copy of every
application for a licence that has not yet been
20
determined available at its office for any
person to inspect during office hours free of
charge.".
199. New sections 35 and 36 substituted and section 36A
inserted
25
For sections 35 and 36 of the Principal Act
substitute--
"35. Notice of application
(1) The Authority must give notice of an
application for a licence--
30
(a) to the responsible authority; and
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(b) in a newspaper generally circulating in
Victoria.
(2) A notice under sub-section (1) must invite
written submissions on the grant of a licence
to the applicant to be sent to the Authority
5
before the date specified in the notice.
(3) In determining the application the Authority
must consider any submission received by it
before the specified date unless it is satisfied
that the submission is frivolous, vexatious or
10
irrelevant to the grant of a licence to the
applicant.
36. Application to be referred to Director of
Fair Trading and the Chief Commissioner
(1) The Authority must, except in the prescribed
15
circumstances, give any details that the
Authority considers relevant in respect of
each application for a licence to the Director
of Fair Trading and the Chief Commissioner
of Police.
20
(2) The Authority must refer any fingerprints
taken under section 33(3) to the Chief
Commissioner of Police and must not itself
keep a copy of those fingerprints.
(3) The Chief Commissioner of Police, on
25
receiving details of the application, must
make any inquiries in relation to the
application that the Chief Commissioner of
Police considers appropriate.
(4) The Chief Commissioner, after receiving the
30
results of the inquiries, must report to the
Authority.
(5) The report may include recommendations.
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36A. Consideration of application
(1) The Authority must consider every
application for a licence.
(2) In considering an application for a licence,
the Authority may--
5
(a) conduct any inquiries it thinks fit;
(b) require an applicant to provide any
further information that the Authority
thinks fit in the manner required by the
Authority;
10
(c) seek advice and information on the
application from any other person or
body or source it thinks fit.
(3) The Authority may engage or appoint any
person to assist it in considering an
15
application.
(4) The Authority may refuse to grant a licence
to a person if the person does not provide the
further information required within a
reasonable time of the requirement being
20
made.
(5) The Authority may postpone its
consideration of an application for a licence
until such time as it considers appropriate.
(6) The Authority is not required to conduct a
25
hearing to determine whether to grant a
licence or refuse to grant a licence.".
200. Refusal of application
In section 37(1) of the Principal Act--
(a) for "Board" substitute "Authority";
30
(b) omit ", or renew the licence of a person,";
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(c) after paragraph (e) insert--
"or
(f) is an insolvent under administration; or
(g) is a represented person within the
meaning of the Guardianship and
5
Administration Act 1986.".
201. Matters to be considered
In section 38 of the Principal Act--
(a) omit "or for the renewal of a licence";
(b) for "Board" (where twice occurring)
10
substitute "Authority".
202. Grant of licence
(1) In section 39 of the Principal Act, for sub-section
(1) substitute--
"(1) The Authority must grant a licence to an
15
applicant if it is satisfied that the applicant is
eligible for the grant of the licence.".
(2) In section 39 of the Principal Act, for sub-section
(3) substitute--
"(3) A licence remains in force until it is
20
surrendered, suspended or cancelled.".
203. Amendment of licence
(1) In section 40 of the Principal Act, for sub-section
(1) substitute--
"(1) The Authority may at any time vary or
25
revoke a condition or restriction set out in a
licence or impose a new condition or
restriction.
(1A) The conditions and restrictions to which a
licence is subject must be set out in the
30
licence.".
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(2) In section 40(2) of the Principal Act, for "Board"
substitute "Authority".
(3) In section 40 of the Principal Act, sub-section (3)
is repealed.
204. New section 40AA inserted
5
After section 40 of the Principal Act insert--
"40AA. Endorsement of licence
(1) If under section 40 or 48A, a condition or
restriction is imposed on a licence or varied
or revoked, the Authority may require the
10
licensee to produce the licence for
endorsement of or variation or revocation of
the condition or restriction.
(2) A licensee must comply with a requirement
under sub-section (1).
15
Penalty: 10 penalty units.".
205. Surrender of licence
(1) In section 40A(1) and (3) of the Principal Act, for
"Board" substitute "Authority".
(2) In section 40A(2) of the Principal Act for "Board"
20
(wherever occurring) substitute "Tribunal".
206. New section 41 substituted
For section 41 of the Principal Act substitute--
"41. Cancelled or suspended licence must be
returned
25
If a licence is suspended or cancelled under
this Act, the person to whom the licence was
issued must return the licence to the
Authority within 7 days of becoming aware
of the suspension or cancellation.
30
Penalty: 25 penalty units.".
207. Repeal of section 42
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Section 42 of the Principal Act is repealed.
208. Updating of application
In section 43 of the Principal Act--
(a) omit "or renewal application";
(b) for "Board" substitute "Authority".
5
209. Withdrawal of application
(1) In section 44(1) of the Principal Act, omit "or for
the renewal of a licence".
(2) In section 44 of the Principal Act for sub-section
(2) substitute--
10
"(2) If an application for a licence is withdrawn
by the applicant or rejected by the Authority,
the Authority--
(a) may, at its discretion, direct the refund
of the whole or part of the application
15
fee; and
(b) must direct the refund of the licence
fee--
that accompanied the application.".
210. False or misleading information
20
In section 45(1) of the Principal Act for "for the
renewal of a licence" substitute "a statement
under section 46A".
211. Notice of changes in information
In section 46 of the Principal Act--
25
(a) for "the renewal of the licence" substitute "a
statement under section 46A";
(b) for "Board" substitute "Authority".
212. New section 46A substituted and sections 46B and
46C inserted
30
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For section 46A of the Principal Act substitute--
"46A. Annual licence fee and statement
(1) A licensee must pay to the Authority the
relevant prescribed annual licence fee on
each anniversary of the date that the licence
5
was granted.
(2) An annual licence fee may be paid at any
time in the 6 weeks before it falls due.
(3) The payment must be accompanied by a
statement in respect of the year up to the date
10
that the payment is made that is in a form
approved by the Authority and that is signed
by the licensee.
(4) The statement must contain any information
and be accompanied by any documents
15
required by the Authority.
46B. Extension of time
(1) On payment of any fee required by the
regulations, a person may apply to the
Authority for an extension of time or a
20
further extension of time in which to comply
with section 46A.
(2) The Authority may grant the application if it
is made before the date in relation to which
the extension is sought.
25
46C. Failure to comply with section 46A
(1) If the licensee fails to comply with section
46A, the Authority must give the licensee a
written notice stating that unless the licensee
complies with that section and also pays to
30
the Authority the late payment fee or late
lodgement fee required by the regulations by
the date specified in the notice, the licence
will be cancelled.
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(2) The date specified in the notice must be at
least 14 days after the date on which the
notice is given to the licensee.
(3) If the licensee has not complied with section
46A and paid the late payment fee or late
5
lodgement fee by the date specified in the
notice, the licence is automatically
cancelled.".
213. Licence cancellation
(1) In section 47(1) of the Principal Act--
10
(a) for "Board" substitute "Tribunal";
(b) omit "or last renewal".
(2) In section 47 of the Principal Act, for sub-section
(3) substitute--
"(3) The Tribunal may act under sub-section (1)
15
on the application of the Chief
Commissioner of Police or an authorised
officer of the responsible authority.
(3A) A licence is automatically cancelled if since
the granting of the licence--
20
(a) the licensee becomes an insolvent
under administration; or
(b) the licensee becomes a represented
person within the meaning of the
Guardianship and Administration
25
Act 1986.".
214. Action against licensee
(1) In section 48 of the Principal Act, for sub-section
(1) substitute--
"(1) The Chief Commissioner of Police or an
30
authorised officer of the responsible
authority may apply at any time to the
Tribunal to conduct an inquiry to determine
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whether there are grounds for taking action
under section 48A against a licensee.".
(2) In section 48 of the Principal Act, sub-sections (2)
and (4) are repealed.
(3) In section 48(3) of the Principal Act--
5
(a) for "The Board may take disciplinary action
against a licensee if it" substitute "There are
grounds for taking action under section 48A
if the Tribunal";
(b) in paragraph (d) omit "disciplinary".
10
(4) In section 48(5) of the Principal Act for "Board"
(wherever occurring) substitute "Tribunal".
215. Powers of Tribunal
(1) In section 48A(1) of the Principal Act--
(a) for "Board" (where first occurring)
15
substitute "Tribunal";
(b) for "proper cause for taking disciplinary
action against a licensee exists," substitute
"there are grounds for taking action against a
licensee under this section, by order";
20
(c) paragraph (b) is repealed;
(d) in paragraph (c) for "the Board" substitute
"into the Fund";
(e) in paragraph (f) for "Board" substitute
"Tribunal";
25
(f) for paragraph (g) substitute--
"(g) cancel the licence or suspend the
licence for a specified period not
exceeding one year;".
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(2) In section 48A(2), (3), (4) and (6) of the Principal
Act for "Board" substitute "Tribunal".
(3) In section 48A(5) of the Principal Act for
paragraphs (b) and (c) substitute--
"(b) is cancelled.".
5
216. Approval of manager
(1) In section 50(1), (2A), (2B) and (5A) of the
Principal Act for "Board" (wherever occurring)
substitute "Authority".
(2) In section 50 of the Principal Act sub-sections (4),
10
(5) and (6) are repealed.
(3) In section 50 of the Principal Act for sub-section
(7) substitute--
"(7) Sections 36, 36A, 43, 44 and 45, extend and
apply to applications under sub-section (1) in
15
the same way and to the same extent as they
do in relation to licence applications with
any necessary modifications.".
217. Refusal of approval
In section 51(1) of the Principal Act--
20
(a) for "Board" substitute "Authority"
(b) after paragraph (e) insert--
"or
(f) is an insolvent under administration; or
(g) is a represented person within the
25
meaning of the Guardianship and
Administration Act 1986.".
218. Grant or refusal of approval
(1) In section 52 of the Principal Act for "Board"
(wherever occurring) substitute "Authority".
30
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(2) In section 52 of the Principal Act, after sub-
section (4) insert--
"(5) Sections 46A, 46B and 46C apply in respect
of approvals given under sub-section (1) in
the same way and to the same extent as they
5
do in relation to licences with any necessary
modifications.".
219. Surrender of approval
(1) In section 52A(1) and (3) of the Principal Act, for
"Board" substitute "Authority".
10
(2) In section 52A(2) of the Principal Act for "Board"
(wherever occurring) substitute "Tribunal".
220. Cancellation of approval
(1) In section 53(1) of the Principal Act--
(a) for "Board" substitute "Tribunal";
15
(b) omit "or last renewal".
(2) In section 53 of the Principal Act, for sub-section
(3) substitute--
"(3) The Tribunal may act under sub-section (1)
on the application of the Chief
20
Commissioner of Police.
(4) An approval is automatically cancelled if
since the giving of the approval--
(a) the approved manager has become an
insolvent under administration; or
25
(b) the approved manager has become a
represented person within the meaning
of the Guardianship and
Administration Act 1986.".
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221. Action against approved manager
(1) In section 54 of the Principal Act, for sub-section
(1) substitute--
"(1) The Chief Commissioner of Police or an
authorised officer of the responsible
5
authority may apply at any time to the
Tribunal to conduct an inquiry to determine
whether there are grounds for taking action
under section 54A against an approved
manager.".
10
(2) In section 54 of the Principal Act, sub-sections
(2), (4) and (5) are repealed.
(3) In section 54(3) of the Principal Act--
(a) for "The Board may take disciplinary action
against an approved manager if it"
15
substitute "There are grounds for taking
action under section 54A if the Tribunal";
(b) in paragraph (c) omit "disciplinary".
222. Powers of Tribunal
(1) In section 54A(1) of the Principal Act--
20
(a) for "Board" (where first occurring)
substitute "Tribunal";
(b) for "proper cause for taking disciplinary
action against an approved manager exists,"
substitute "there are grounds for taking
25
action against an approved manager under
this section, by order";
(c) paragraph (b) is repealed;
(d) in paragraph (c) for "the Board" substitute
"into the Fund";
30
(e) in paragraph (f) for "Board" substitute
"Tribunal";
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(f) for paragraph (g) substitute--
"(g) cancel the approval or suspend the
approval for a specified period not
exceeding one year;".
(2) In section 54A(2), (3), (4) and (6) of the Principal
5
Act for "Board" substitute "Tribunal".
(3) In section 54A(5) of the Principal Act for
paragraphs (b) and (c) substitute--
"(b) is cancelled.".
223. Register
10
(1) In section 55 of the Principal Act for "registrar"
(wherever occurring) substitute "Registrar".
(2) In section 55(1) of the Principal Act--
(a) in paragraphs (a) and (c) omit "renewal,";
(b) after paragraph (a) insert--
15
"(aa) any statements lodged under section
46A;".
(3) In section 55(2) of the Principal Act--
(a) for "Board" substitute "Authority";
(b) in paragraph (a) after "by" insert "the
20
Director of Fair Trading,".
224. New Division 7 substituted in Part 3
In Part 3 of the Principal Act for Division 7
substitute--
"Division 7--Applications for review
25
56. Applications for review
(1) A person whose interests are affected by a
decision of the Authority under section 39,
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40, 47, 52 or 53 may apply to the Tribunal
for review of that decision.
(2) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
5
or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
10
which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be
given.".
15
225. Entry to licensed premises
In section 62(4) of the Principal Act--
(a) for "Prostitution Control Board" substitute
"Director of Fair Trading and the Authority";
(b) for "Board" (where secondly occurring)
20
substitute "Director of Fair Trading or the
Authority (as the case requires)".
226. Entry to unlicensed premises
In section 64(2)(b) of the Principal Act for
"Prostitution Control Board" substitute
25
"Authority".
227. Prostitution Control Fund
(1) In section 66 of the Principal Act for sub-section
(1) substitute--
"(1) There shall be kept in the Trust Fund under
30
the Financial Management Act 1994, a
trust account to be called the Prostitution
Control Fund."
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(2) For section 66(2)(c) of the Principal Act
substitute--
"(c) all other money received by the Authority
under this Act;
(d) all other money required under this Act to be
5
paid into the Fund.".
(3) In section 66 of the Principal Act for sub-section
(3) substitute--
"(3) Subject to any directions given by the
Minister under sub-section (4), the following
10
may be paid out of the Fund--
(a) any fees paid under this Act that, in
accordance with this Act or the
regulations, are required to be
refunded; and
15
(b) the costs and expenses incurred in the
administration of this Act.".
(4) In section 66(4) of the Principal Act--
(a) for "Board" (wherever occurring) substitute
"Authority";
20
(b) after "functions" insert "under this Act".
228. Advisory Committee
(1) In section 67 of the Principal Act for sub-section
(1) substitute--
"(1) There shall be appointed an Advisory
25
Committee consisting of persons appointed
by the Governor in Council on the
recommendation of the Minister.
(1A) The functions of the Advisory Committee
are--
30
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(a) to advise the Minister on issues related
to the regulation and control of the
prostitution industry in Victoria;
(b) to monitor the general operation of the
prostitution control industry in
5
Victoria;
(c) to liaise with the police force so as to
assist the police force in carrying out its
functions in relation to prostitution;
(d) to refer relevant matters for
10
investigation by the WorkCover
Authority, the Australian Taxation
Office or the Commonwealth
Department of Immigration and Ethnic
Affairs or any other body;
15
(e) to assist organisations involved in
helping prostitutes to leave the
industry;
(f) to develop educational programmes
about the prostitution industry for
20
magistrates, police and community
workers;
(g) to disseminate information about the
dangers (including dangers to health)
inherent in prostitution, especially
25
street prostitution.".
(2) In section 67 of the Principal Act after sub-section
(10) insert--
"(11) The Advisory Committee is subject to the
direction of the Minister in carrying out its
30
functions under sub-section (1A)(b), (e), (f)
and (g).
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(12) The Advisory Committee must, as soon as
practicable after the end of each year,
prepare a report on its operations during that
year and submit it to the Minister.".
229. Regulations
5
In section 68 of the Principal Act--
(a) paragraph (a) is repealed;
(b) in paragraphs (c) and (e) for "Board"
substitute "Authority".
230. Secrecy
10
In section 87(1) of the Principal Act--
(a) in paragraph (a) omit "of the Board or";
(b) in paragraph (c) omit " the Board or".
231. Immunity
(1) In section 88(1) of the Principal Act, for "A
15
person bound by section 87(2)" substitute "A
member of the police force".
(2) In section 88(2) of the Principal Act, for "a person
bound by section 87(2)" substitute "a member of
the police force".
20
232. Destruction of fingerprints
(1) In section 88A(2)(b) of the Principal Act omit "or
not renewed".
(2) In section 88A(1) and (3) of the Principal Act for
"Board" substitute "Authority".
25
233. Repeal of Schedules 1 and 2
Schedules 1 and 2 to the Principal Act are
repealed.
_______________
30
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PART 13--RESIDENTIAL TENANCIES ACT 1997
No. 109/1997. 234. Principal Act
In this Part, the Residential Tenancies Act 1997
is called the Principal Act.
235. Purpose and definitions
5
(1) In section 1 of the Principal Act paragraph (e) is
repealed.
(2) In section 3(1) of the Principal Act--
(a) the definition of "hearing" is repealed;
(b) after the definition of "personal documents"
10
insert--
' "principal registrar" means principal
registrar of the Tribunal;';
(c) the definition of "Registrar" is repealed;
(d) for the definition of "Tribunal" substitute--
15
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.
236. Amendment of Parts 2 to 9
20
In the Principal Act--
(a) in section 46(2)--
(i) in paragraph (a) omit "and";
(ii) paragraph (b) is repealed;
(b) in section 75 sub-section (3) is repealed;
25
(c) in section 75 sub-section (4) is repealed;
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(d) in section 103(2)--
(i) in paragraph (a) omit "and";
(ii) paragraph (b) is repealed;
(e) in section 128 sub-section (2) is repealed;
(f) in section 132 sub-sections (2) and (3) are
5
repealed;
(g) in section 154(2)--
(i) in paragraph (a) omit "and";
(ii) paragraph (b) is repealed;
(h) in section 187 sub-section (2) is repealed;
10
(i) in section 191 sub-sections (2) and (3) are
repealed;
(j) in section 214 sub-section (2) is repealed;
(k) in section 232 sub-section (2) is repealed;
(l) sections 327 and 328 are repealed;
15
(m) in section 339(1) omit "in the prescribed
manner";
(n) section 340 is repealed;
(o) in sections 341 and 343 for "Registrar"
(wherever occurring) substitute "principal
20
registrar";
(p) in section 344 sub-section (2) is repealed;
(q) in sections 346(a), 348(1), 349(b), 351(1)
and (2), 355(1)(d), 357(a), 359 and 373 for
"Registrar" substitute "principal registrar";
25
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(r) in section 414--
(i) for "Registrar" substitute "Tribunal;";
(ii) sub-section (2) is repealed;
237. New section 415 substituted
For section 415 of the Principal Act substitute--
5
"415. Determination of application
(1) If an application is made under section 414
and the Tribunal is satisfied that it is proper
to do so, the Tribunal must--
(a) make a determination of the amount of
10
rent owing to the landlord by the tenant
at the date of the application; and
(b) make an order directing the Authority
to pay out an amount of bond to or on
account of the landlord in respect of the
15
rent owing.
(2) The Tribunal may make a determination and
order under sub-section (1) without a hearing
whether or not the parties agree to dispense
with the hearing.
20
(3) The Tribunal's powers under this section are
exercisable by the principal registrar.".
238. Amendment of sections 419 and 421 and Part 11
In the Principal Act--
(a) in section 419 sub-section (2) is repealed;
25
(b) in section 421 sub-section (2) is repealed.
(c) For the heading to Part 11 substitute--
"PART 11--FUNCTIONS OF TRIBUNAL";
(d) Division 1 of Part 11 is repealed;
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(e) in section 447(4) for "Registrar" substitute
"principal registrar";
(f) for the heading to Division 3 of Part 11
substitute--
"Division 3--Who may apply to Tribunal?";
5
(g) sections 449, 450, 451, 453, 454, 455, 456,
457, 458, 459, 460, 461, 462, 463, 464, 465,
466, 467, 468, 469, 470, and 471 are
repealed;
(h) in the heading to Division 4 of Part 11 for
10
"Determinations" substitute "Orders";
(i) in section 472 for "determinations"
(wherever occurring) substitute "orders";
(j) in section 473(1)--
(i) for "determinations" substitute
15
"orders";
(ii) in paragraph (b) for "determination"
substitute "order";
(k) sections 474, 475, 476, 477, 478, 479 and
480 and Division 5 of Part 11 are repealed;
20
(l) in section 485--
(i) in sub-section (1) for "Registrar"
substitute "principal registrar";
(ii) in sub-section (2) for "a determination"
substitute "an order";
25
(iii) in sub-section (5) for "Registrar"
substitute "principal registrar".
239. New section 498A inserted
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After section 498 of the Principal Act insert--
"498A. Director may authorise payment for certain
legal costs
If--
(a) the Tribunal refers a question of law in
5
a proceeding under this Act to the Trial
Division of the Supreme Court or the
Court of Appeal under section 96 of the
Victorian Civil and Administrative
Tribunal Act 1998; and
10
(b) the Director considers that the question
is of general public importance--
the Director may authorise payment of some
or all of the costs of the referral out of the
Residential Tenancies Fund.".
15
240. Further consequential amendments
In the Principal Act--
(a) in section 499--
(i) in sub-section (1) paragraphs (a), (b)
and (c) are repealed;
20
(ii) sub-section (4) is repealed;
(b) in section 504 omit ", the Tribunal, the
Registrar".
241. New section 510A inserted
After section 510 of the Principal Act insert--
25
"510A. Parties to Tribunal proceedings
In a proceeding in the Tribunal under this
Act--
(a) if the applicant is a landlord, the tenant
is a party to the proceeding;
30
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(b) if the applicant is a tenant, the landlord
is a party to the proceeding;
(c) if the applicant is a rooming house
owner, the resident is a party to the
proceeding;
5
(d) if the applicant is a resident in relation
to a rooming house, the rooming house
owner is a party to the proceeding;
(e) if the applicant is a caravan park owner,
the resident is a party;
10
(f) if the applicant is a resident in relation
to a caravan park, the caravan park
owner is a party to the proceeding.".
242. Further consequential amendments
In the Principal Act--
15
(a) in section 511(1)--
(i) paragraphs (a) and (b) and (c) are
repealed;
(ii) in paragraph (d) for "the Registrar, the
Authority, the Director or the Tribunal"
20
substitute "the Authority or the
Director";
(iii) paragraph (e) is repealed;
(b) in section 511 sub-section (2) is repealed;
(c) in section 511(3) for ", the Authority, the
25
Tribunal or the Chairperson of the Tribunal"
substitute "or the Authority";
(d) in section 523(1) for paragraph (b)
substitute--
"(b) failed to comply with an order of the
30
Tribunal.";
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(e) in section 523(2) for "determination of the
Residential Tenancies Tribunal" substitute
"order of the Tribunal".
_______________
5
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PART 14--RETAIL TENANCIES REFORM ACT 1998
243. Principal Act
In this Part, the Retail Tenancies Reform Act
1998 is called the Principal Act.
244. Definitions
5
(1) In section 3(1) of the Principal Act insert the
following definition--
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by the
Victorian Civil and Administrative
10
Tribunal Act 1998;'.
(2) At the end of section 3 of the Principal Act
insert--
"(6) If Part 3 of this Act comes into operation
before section 245 of the Tribunals and
15
Licensing Authorities (Miscellaneous
Amendments) Act 1998, then on and from
the commencement of that section, section
39, as inserted by that section, has effect as
if--
20
(a) any reference in sub-section (1), (2) or
(3) to the Retail Tenancies Act 1986
included a reference to this Act; and
(b) sub-section (4) referred to section 41 of
this Act instead of section 22D of the
25
Retail Tenancies Act 1986.".
245. New Part 3 substituted
For Part 3 of the Principal Act substitute--
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"PART 3--DETERMINATION OF DISPUTES
33. Object of this Part
It is the object of this Part to provide for a
dispute resolution process with respect to
disputes between a landlord and a tenant
5
arising under or in relation to a retail
premises lease.
34. Application of this Part
(1) This Part applies to any dispute between a
landlord and a tenant arising under or in
10
relation to a retail premises lease, other than
a claim by the landlord solely for the
payment of rent or a dispute that is capable
of being determined by a valuer under
section 12, 13 or 15.
15
(2) Despite section 4(1), this Part applies to a
dispute--
(a) arising under a retail premises lease to
which the Retail Tenancies Act 1986
applied; or
20
(b) arising under a provision of the Retail
Tenancies Act 1986 in relation to a
lease to which that Act applied.
35. Jurisdiction of Tribunal
(1) The Tribunal has jurisdiction to hear and
25
determine an application under this Part
seeking resolution of a dispute to which this
Part applies.
(2) Subject to section 11(4), a dispute to which
this Part applies is not justiciable before any
30
other Tribunal or before any court or person
acting judicially within the meaning of the
Evidence Act 1958.
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36. Applications to the Tribunal
A landlord or tenant may apply to the
Tribunal if a dispute to which this Part
applies has arisen.
37. Parties
5
The parties to a proceeding in the Tribunal
under this Part are the applicant and the
other party to the dispute and any person
joined as a party to the proceeding by the
Tribunal.
10
38. What orders may Tribunal make?
On a proceeding under this Part the Tribunal
may, by order--
(a) require a party to do, or not to do,
anything including to provide specified
15
facilities, services, fixtures or fittings
under the retail premises lease or to
return specified fixtures or fittings to
another party;
(b) require a party to pay money (by way
20
of restitution or compensation or
otherwise) to a specified person;
(c) rectify the retail premises lease or other
document;
(d) require a tenant to surrender possession
25
of the retail premises to the landlord;
(e) require anything else to be done that it
is empowered to require to be done
under this Act or the Victorian Civil
and Administrative Tribunal Act
30
1998 or that it considers necessary or
desirable to resolve the dispute.
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39. Transitional provisions
(1) If a conciliator has been appointed under the
Retail Tenancies Act 1986 to conciliate a
dispute to which this Part applies, a party to
the dispute may apply to the Tribunal under
5
this Part seeking resolution of the dispute
if--
(a) a written record of an agreement
reached following conciliation has not
been prepared and signed by each party
10
and the conciliator; and
(b) an arbitrator has not been appointed
under the Retail Tenancies Act 1986
to arbitrate the dispute; and
(c) that party has paid the fees and
15
expenses of the conciliator and the
other party's costs of the conciliation.
(2) If an arbitrator has been appointed under the
Retail Tenancies Act 1986 to arbitrate a
dispute to which this Part applies, a party to
20
the dispute may apply to the Tribunal under
this Part seeking resolution of the dispute
if--
(a) an award, other than an interim award,
has not been made; and
25
(b) the other party to the dispute agrees in
writing to the making of the application
to the Tribunal.
(3) If a conciliator or arbitrator has been
appointed under the Retail Tenancies Act
30
1986 before the commencement of this
section to conciliate or arbitrate, as the case
requires, a dispute to which this Part applies
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and an application referred to in sub-section
(1) or (2) is not made to the Tribunal, the
conciliation or arbitration, or arbitration if
conciliation fails to resolve the dispute, must
continue or commence in accordance with
5
the Retail Tenancies Act 1986 as if this Act
had not been enacted.
(4) Despite the repeal of section 22D of the
Retail Tenancies Act 1986, the panel of
conciliators and arbitrators appointed under
10
that section continues to exist in accordance
with that section for the purpose of
completing or conducting a conciliation or
arbitration as provided by sub-section (3).
(5) The Governor in Council may at any time
15
remove a member of the panel referred to in
sub-section (4) from office or a member of
that panel may resign from office in writing
signed by him or her and addressed to the
Governor in Council.".
20
246. Consequential amendments
(1) In section 11(4)(b) of the Principal Act, for
"award made" substitute "order made by the
Tribunal".
(2) In section 15(8) of the Principal Act--
25
(a) for paragraph (b) substitute--
"(b) an application is made to the Tribunal
under Part 3 seeking resolution of the
dispute--";
(b) for "the arbitrator" (wherever occurring)
30
substitute "the Tribunal".
(3) In section 47(1) of the Principal Act--
(a) in paragraph (b) for "refer any dispute to
conciliation or arbitration under Part 3"
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substitute "apply to the Tribunal under Part
3 seeking resolution of the dispute"; and
(b) at the end of paragraph (b) insert--
"; or
(c) require or permit a dispute arising
5
under or in relation to the lease to be
referred to arbitration.".
247. New section 48 substituted
For section 48 of the Principal Act substitute--
"48. Supreme Court--limitation of jurisdiction
10
It is the intention of section 35(2) to alter or
vary section 85 of the Constitution Act
1975.".
_______________
15
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PART 15--SECOND-HAND DEALERS AND PAWNBROKERS
ACT 1989
248. Principal Act
No. 54/1989.
In this Part the Second-Hand Dealers and
Reprint No. 1
Pawnbrokers Act 1989 is called the Principal
5 as at
Act. 1 January
1996. Further
amended by
Nos 66/1996,
74/1996 and
44/1997.
249. Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions--
' "Authority" means the Business Licensing
10
Authority established under the Business
Licensing Authority Act 1998;
"Director" means the Director of the Office of
Fair Trading and Business Affairs in the
Department of Justice;
15
"Registrar" means the Registrar of the Authority
appointed under the Business Licensing
Authority Act 1998;
"Tribunal" means Victorian Civil and
Administrative Tribunal established by the
20
Victorian Civil and Administrative
Tribunal Act 1998.'.
(2) In section 3(1) of the Principal Act, the definition
of "Secretary" is repealed.
250. Eligibility for registration
25
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After section 6(a) of the Principal Act insert--
"(aa) is a represented person within the meaning
of the Guardianship and Administration
Act 1986; or".
251. Applications for registration
5
(1) In section 7 of the Principal Act, for "Secretary"
(wherever occurring) substitute "Authority".
(2) After section 7(2) of the Principal Act insert--
"(3) If before an application is determined the
applicant becomes aware of a change that
10
has occurred in the information provided at
any time by the applicant in, or in relation to,
the application, the applicant must within 7
days after becoming so aware give
particulars of the change to the Authority.
15
Penalty: 10 penalty units.".
252. Investigations and reports
(1) In section 8 of the Principal Act, for sub-section
(1) substitute--
"(1) On receiving an application for registration
20
as a second hand dealer, the Authority,
except in the prescribed circumstances, must
refer any details of the application that the
Authority considers relevant to the Director
and the Chief Commissioner of Police.
25
(1A) The Director may inquire into and report to
the Authority on the application.".
(2) In section 8(2) of the Principal Act--
(a) for "the copy" substitute "details of the
application";
30
(b) for "Secretary" substitute "Authority".
(3) After section 8(2) of the Principal Act insert--
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"(3) A report may include recommendations.".
253. New section 8A inserted
After section 8 of the Principal Act insert--
"8A. Consideration of application
(1) In considering an application for registration,
5
the Authority may--
(a) conduct any inquiries it thinks fit;
(b) require an applicant to provide any
further information that the Authority
thinks fit in the manner required by the
10
Authority;
(c) seek advice and information on the
application from any other person or
body as it thinks fit.
(2) The Authority may engage or appoint any
15
person to assist it in considering an
application.
(3) The Authority may refuse to register an
applicant if the applicant does not provide
the further information required within a
20
reasonable time of the requirement being
made.
(4) The Authority is not required to conduct a
hearing to determine whether to register an
applicant or refuse to register an applicant.".
25
254. Registration
(1) In section 9 of the Principal Act, for "Secretary"
(where twice occurring) substitute "Authority".
(2) In section 9 of the Principal Act, sub-section (3) is
repealed.
30
255. New sections 9A and 9B inserted
After section 9 of the Principal Act insert--
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"9A. Notice of decision
(1) If the Authority refuses to register an
applicant, the Authority must notify the
applicant in writing of the refusal within 14
days after that refusal.
5
(2) If the Authority registers an applicant, the
Authority must as soon as practicable notify
the applicant in writing of that decision.
9B. Application for review
(1) A person whose interests are affected by a
10
decision of the Authority in respect of
registration may apply to the Tribunal for
review of that decision.
(2) An application for review must be made
within 28 days after the later of--
15
(a) the day on which the decision is made;
or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
20
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be
25
given.".
256. Automatic cancellation or registration
After section 10(1)(b) of the Principal Act
insert--
"or
30
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(c) becomes a represented person within the
meaning of the Guardianship and
Administration Act 1986.".
257. New section 11 substituted
For section 11 of the Principal Act substitute--
5
"11. Annual registration fee and statement
(1) A person registered under this Part must pay
to the Authority the prescribed annual
registration fee on the anniversary of the date
that person was first registered under this
10
Part.
(2) An annual registration fee may be paid at
any time in the 6 weeks before it falls due.
(3) The payment must be accompanied by a
statement in respect of the year up to the date
15
the payment is made that is in a form
approved by the Authority and that is signed
by the person registered under this Part.
(4) The statement must contain any information
and be accompanied by any documents
20
required by the Authority.
11A. Failure to comply with section 11
(1) If a person fails to comply with section 11,
the Authority must give the person a written
notice stating that unless the person complies
25
with that section and also pays to the
Authority the prescribed late payment or
lodgement fee by the date specified in the
notice, the person's registration will be
cancelled.
30
(2) The date specified in the notice must be at
least 14 days after the date on which the
notice is given to the person.
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(3) If the person has not complied with section
11 and paid the late payment or lodgement
fee by the date specified in the notice, the
registration is automatically cancelled.
11B. Cancelled licences must be returned
5
If a registration is cancelled under this Act,
the person who was registered must return
the certificate of registration to the Authority
within 7 days of becoming aware of the
cancellation.
10
Penalty: 25 penalty units.".
258. Notification of changes
In section 12 of the Principal Act, for "Secretary"
substitute "Authority".
259. Register
15
(1) In section 13 of the Principal Act--
(a) in sub-section (1), for "Secretary" substitute
"Registrar";
(b) in sub-section (2), for "Secretary" substitute
"Authority".
20
(2) In section 14 of the Principal Act--
(a) for "Secretary" (wherever occurring)
substitute "Registrar";
(b) in sub-section (4), for "Administrative
Appeals Tribunal" substitute "Tribunal";
25
(c) in sub-section (4), for "Secretary's"
substitute "Registrar's";
(d) in sub-section (5), for "Administrative
Appeals Tribunal" substitute "Tribunal".
260. Approved forms
30
(1) Section 15 of the Principal Act is repealed.
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(2) In section 23(2)(a) of the Principal Act, for
"Secretary" substitute "Authority".
261. Section 24 amended
In section 24(3) of the Principal Act, after
"Registrar" insert "of the Court".
5
262. Section 28 substituted
For section 28 of the Principal Act substitute--
"28. Delegation by Director
The Director may, by instrument, delegate
to--
10
(a) any person engaged or appointed under
section 7(2) or 15 of the Business
Licensing Authority Act 1998; or
(b) any person employed or engaged to
work in the Office of Fair Trading and
15
Business Affairs--
any function or power of the Director under
this Act other than this power of
delegation.".
263. Evidentiary provisions
20
In section 29(b) of the Principal Act, for
"Secretary" (where twice occurring) substitute
"Registrar".
264. Statute law revision
Sections 34 and 35 of the Principal Act are
25
repealed.
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PART 16--SMALL CLAIMS TRIBUNALS ACT 1973
No. 8486. 265. Principal Act
Reprint No. 4
In this Part, the Small Claims Tribunals Act
as at
16 January
1973 is called the Principal Act.
1997. Further
amended by
No. 102/1997.
266. Change of title of Act and new Part 1 inserted
5
(1) Before section 1 of the Principal Act insert--
"PART 1--PRELIMINARY".
(2) In section 1(1) of the Principal Act omit
"Tribunals".
267. Definitions
10
(1) In section 2(1) of the Principal Act--
(a) the definitions of "claimant", "prescribed",
"referee", "registrar", "Registry" and "Small
Claims Tribunal" are repealed;
(b) insert the following definitions--
15
' "applicant" means a consumer who has
duly applied to the Tribunal under this
Act in respect of a small claim;
"principal registrar" means principal
registrar of the Tribunal;
20
"Tribunal" means Victorian Civil and
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;';
(c) for the definition of "respondent"
25
substitute--
' "respondent" means a trader against
whom is made a small claim in respect
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of which an application is duly made to
the Tribunal;';
(d) in the definition of "small claim"--
(i) for paragraph (a) substitute--
"(a) a claim for payment of money in
5
an amount not exceeding $10 000;
or";
(ii) in paragraph (b) for "$5000" substitute
"$10 000".
(2) In section 2(3A) of the Principal Act for "Credit
10
Tribunal" substitute "Tribunal".
(3) At the end of section 2 of the Principal Act
insert--
"(3C) The amendment made by section 267(1)(d)
of the Tribunals and Licensing Authorities
15
(Miscellaneous Amendments) Act 1998
increasing the limit on what constitutes a
small claim only applies to small claims in
respect of which an application is made to
the Tribunal on or after the day on which
20
that section came into operation.".
268. Abolition of Small Claims Tribunals
Part I of the Principal Act is repealed.
269. Change of Part 2 Heading
For the heading to Part II of the Principal Act
25
substitute--
"PART 2--FUNCTIONS OF TRIBUNAL IN
RESPECT OF SMALL CLAIMS".
270. New sections 14, 15 and 16 substituted
For sections 14, 15 and 16 of the Principal Act
30
substitute--
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"14. Application to Tribunal
(1) A consumer may apply to the Tribunal for an
order under this Part in respect of a small
claim.
(2) It is the duty of the person who receives an
5
application under sub-section (1) on behalf
of the Tribunal to give reasonable assistance
to the consumer in making the application.
15. Parties
The parties to a proceeding in the Tribunal
10
under this Part are--
(a) the applicant; and
(b) the respondent; and
(c) every other person to whom notice of
the proceeding is given.
15
16. Exclusion of other jurisdiction for small
claims
(1) Once an application has been made by a
consumer to the Tribunal in accordance with
the Victorian Civil and Administrative
20
Tribunal Act 1998 in respect of a small
claim, the issues in dispute in the claim are
not justiciable at any time by a court or
tribunal (other than the Tribunal), unless--
(a) the proceeding in that court or tribunal
25
was commenced before the application
to the Tribunal was made and that
proceeding is still pending; or
(b) the application to the Tribunal is
withdrawn or struck out for want of
30
jurisdiction.
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(2) Sub-section (1) applies to all the issues in
dispute in a small claim, whether as shown
in the application or emerging in the course
of the proceeding in the Tribunal.".
271. Immunity from judicial supervision
5
Section 17 of the Principal Act is repealed.
272. New section 18 substituted
For section 18 of the Principal Act substitute--
"18. What orders may the Tribunal make?
Subject to section 19, in a proceeding in
10
respect of a small claim the Tribunal may, by
order--
(a) require a party (other than the
applicant) to pay money to a person
specified in the order;
15
(b) require a party (other than the
applicant) to perform work to rectify a
defect in goods or services;
(c) require a party to return any goods that
are in the party's possession, power or
20
control to a person specified in the
order;
(d) require any combination of paragraphs
(a), (b) and (c);
(e) if money has been lodged with the
25
principal registrar under section
20A(1), require that money to be dealt
with by the principal registrar to give
effect to any other order made by the
Tribunal;
30
(f) dismiss the proceeding.".
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273. Further amendments with respect to orders
In the Principal Act--
(a) in section 19--
(i) for "a Small Claims Tribunal"
substitute "the Tribunal";
5
(ii) for "$5000" (wherever occurring)
substitute "$10 000";
(b) section 20 is repealed.
274. New section 20A substituted
For section 20A of the Principal Act substitute--
10
'20A. Lodging of money with principal registrar
(1) If a consumer--
(a) informs the principal registrar that the
consumer disputes the amount of a
payment sought from them by a trader;
15
and
(b) subject to sub-section (2), lodges with
the principal registrar money equivalent
to--
(i) the whole of the amount sought by
20
the trader; or
(ii) if any payment has been made to
the trader (including any
deposit)--the outstanding amount
so sought--
25
the consumer may apply to the Tribunal as if
the money had been paid to the trader.
(2) Sub-section (1)(b) does not apply to a claim
that arises out of the unauthorised use or
technical malfunction of an electronic funds
30
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transfer system resulting in the debit to the
account of the consumer of an amount
exceeding the balance of that account or a
pre-arranged credit limit on that account.
(3) The principal registrar must keep an account
5
called the Small Claims Account and must
pay into that account all money lodged with
him or her under this section.
(4) The principal registrar must deal with money
lodged with him or her under this section as
10
follows--
(a) if the Tribunal makes an order with
respect to the money, the principal
registrar must comply with the order;
(b) if the proceeding is struck out for want
15
of jurisdiction, the principal registrar
must return the money to the applicant;
(c) if the proceeding is withdrawn, the
principal registrar must--
(i) return the money to the applicant;
20
or
(ii) pay it in accordance with the
directions of the applicant;
(d) if the applicant dies before a final order
is made with respect to the proceeding,
25
the principal registrar must pay the
money to the personal representative of
the deceased applicant.
(5) In this section--
"electronic funds transfer system" means
30
a system maintained by a financial
institution whereby an amount may be
debited or credited to an account by
inserting in an electronic terminal a
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plastic card and a personal
identification number.'.
275. Further amendments
In the Principal Act--
(a) section 21 is repealed;
5
(b) Parts III and IV are repealed;
(c) for the heading to Part V substitute--
"PART 3--GENERAL";
(d) sections 34, 35, 37, 38 and 39 are repealed.
276. New section 39B inserted
10
Before section 40 of the Principal Act insert--
"39B. Supreme Court--limitation of jurisdiction
It is the intention of section 16, as substituted
by section 270 of the Tribunals and
Licensing Authorities (Miscellaneous
15
Amendments) Act 1998, to alter or vary
section 85 of the Constitution Act 1975.".
277. Repeal of regulation-making powers
In section 40 of the Principal Act paragraphs (a),
(b), (c) and (d) are repealed.
20
278. Amendment of regulation-making power for Small
Claim Account
In section 40 of the Principal Act for paragraph
(da) substitute--
"(da) the Small Claims Account and matters
25
connected with it; and".
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PART 17--TRAVEL AGENTS ACT 1986
279. Principal Act
No. 52/1986.
In this Part the Travel Agents Act 1986 is called
Reprint No. 1
the Principal Act. as at
30 September
1993. Further
amended by
No. 102/1994.
280. Definitions
5
In section 3(1) of the Principal Act--
(a) for the definition of "Authority"
substitute--
' "Authority" means the Business Licensing
Authority established under the
10
Business Licensing Authority Act
1998;';
(b) the definitions of "chairperson", deputy
chairperson", "determination", "Licensing
Registrar" and "member" are repealed;
15
(c) for the definition of "the Director"
substitute--
' "the Director" means the Director of the
Office of Fair Trading and Business
Affairs in the Department of Justice;';
20
(d) insert the following definitions--
' "Registrar" means the Registrar of the
Authority appointed under the Business
Licensing Authority Act 1998;
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"Tribunal" means Victorian Civil and
Administrative Tribunal established by
the Victorian Civil and
Administrative Tribunal Act 1998;'.
281. Application for licence
5
(1) In section 8(2) of the Principal Act, for "Minister"
substitute "Authority".
(2) In section 8 of the Principal Act, sub-section (6) is
repealed.
(3) In section 8(7) of the Principal Act, for
10
"particulars provided under sub-section (6)"
substitute "information provided under section
9A(2)(b)".
282. New section 9 substituted and section 9A inserted
For section 9 of the Principal Act substitute--
15
"9. Application to be referred to Director and
Chief Commissioner
(1) If an application is made under section 8, the
Authority must, except in the prescribed
circumstances, give any details of the
20
application that the Authority considers
relevant to the Director and the Chief
Commissioner of Police.
(2) The Director and the Chief Commissioner of
Police, on receiving details of the
25
application, must make any inquiries in
relation to the application that the Director or
the Chief Commissioner of Police considers
appropriate.
(3) The Director and the Chief Commissioner,
30
after receiving the results of the inquiries,
must report to the Authority.
(4) A report may include recommendations.
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9A. Consideration of application
(1) The Authority must consider every
application for a licence.
(2) In considering an application for a licence,
the Authority may--
5
(a) conduct any inquiries it thinks fit;
(b) require an applicant to provide any
further information that the Authority
thinks fit in the manner required by the
Authority;
10
(c) seek advice and information on the
application from any other person or
body or source it thinks fit.
(3) The Authority may engage or appoint any
person to assist it in considering an
15
application.
(4) The Authority may refuse to grant a licence
to a person if the person does not provide the
further information required within a
reasonable time of the requirement being
20
made.".
283. Grant or refusal of licence
(1) In section 10 of the Principal Act after sub-section
(5) insert--
"(5A) The Authority is not required to conduct a
25
hearing to determine whether to grant a
licence or refuse an application for a
licence.".
(2) In section 10(6) of the Principal Act omit "and of
the ground on which the refusal is based".
30
284. Conditions of, and restrictions on, licence
In section 11 of the Principal Act, sub-sections (4)
and (5) are repealed.
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285. New section 11A inserted
After section 11 of the Principal Act insert--
"11A. Endorsement of conditions and restrictions
(1) If under section 11 or section 21, a condition
or restriction is imposed on a licence, the
5
Authority may require the licensee to
produce the licence for endorsement of the
condition or restriction.
(2) A licensee must comply with a requirement
under sub-section (1).
10
Penalty: 10 penalty units.".
286. Register to be kept
(1) In section 15 of the Principal Act for "Licensing
Registrar" (wherever occurring) substitute
"Registrar".
15
(2) In section 15 of the Principal Act, after sub-
section (3) insert--
"(4) A certificate purporting to be signed by the
Registrar certifying as to any matter relating
to the contents of the Register of Travel
20
Agents is evidence of that matter.
(5) The Registrar may correct an error or
omission in the Register by--
(a) inserting an entry or
(b) amending an entry; or
25
(c) omitting an entry--
if he or she decides that the correction is
necessary.".
287. New section 16A inserted
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After section 16 of the Principal Act insert--
"16A. Automatic cancellation of licence
A person's licence is automatically cancelled
if the person--
(a) becomes an insolvent under
5
administration; or
(b) in the case of a body corporate,
becomes an externally administered
corporation; or
(c) becomes a represented person within
10
the meaning of the Guardianship and
Administration Act 1986.".
288. Annual fee and annual statement
(1) In section 17 of the Principal Act, for sub-section
(1) substitute--
15
"(1) Except where regulations made for the
purposes of sub-section (2) otherwise
provide, a licensee must pay to the Authority
the prescribed annual licence fee on each
anniversary of the date the licensee was last
20
granted a licence under section 10.
(1A) An annual licence fee may be paid at any
time in the 6 weeks before it falls due.".
(2) In section 17 of the Principal Act, for sub-section
(3) substitute--
25
"(3) The payment of the prescribed annual
licence fee must be accompanied by a
statement in respect of the year up to the date
that the payment is made that is in a form
approved by the Authority.
30
(3A) A statement lodged under this section must
be signed--
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(a) if the licensee is a natural person, by
the licensee; or
(b) if the licensee is a body corporate, by a
director of the body corporate.".
(3) In section 17 of the Principal Act, for sub-section
5
(5) substitute--
"(5) A statement under this section must contain
any information and be accompanied by any
documents required by the Authority.".
(4) In section 17 of the Principal Act, sub-sections (6)
10
and (10) are repealed.
(5) In section 17 of the Principal Act for sub-section
(7) substitute--
"(7) The Authority, on the application of a person
required to comply with sub-section (1) or
15
(3) and on payment of the prescribed fee,
may extend or further extend the time for
compliance with that sub-section.".
(6) In section 17 of the Principal Act, for sub-section
(9) substitute--
20
"(9) If a licensee has not complied with this
section and has not paid the prescribed late
payment fee or late lodgement fee by the
date specified in the notice, the licence is
automatically cancelled.".
25
289. New section 18 substituted and 18A inserted
For section 18 of the Principal Act substitute--
"18. Cancelled or suspended licence must be
returned
If a licence is suspended or cancelled under
30
this Act, the person to whom the licence was
issued must return the licence to the
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Authority within 7 days of becoming aware
of the suspension or cancellation.
Penalty: 25 penalty units.
18A. Surrender of licence
(1) Subject to sub-section (2), a licensee may at
5
any time by notice in writing to the
Authority surrender the licence.
(2) If an application has been made to the
Tribunal under section 20 to conduct an
inquiry in relation to a licensee, the licensee
10
may not, without leave of the Tribunal,
surrender the licence unless the Tribunal has
determined to take action under section 21 or
has determined not to take any action.
(3) The person who held a licence that has been
15
surrendered must return the licence to the
Authority within 14 days of surrendering it.
Penalty: 10 penalty units.".
290. Duplicate licence
In section 19 of the Principal Act for "Licensing
20
Registrar"(wherever occurring) substitute
"Registrar".
291. Inquiry into travel agent's licence
(1) In section 20(1) of the Principal Act--
(a) after "Director" insert "or the Chief
25
Commissioner of Police"; and
(b) for "lodge with the Authority an objection in
writing to the holding of a licence by a
licensee specifying as a ground for the
objection that" substitute "apply to the
30
Tribunal to conduct an inquiry into the
holding of a licence on the ground that".
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(2) In section 20(1)(k) of the Principal Act for "(g)"
substitute "(e)".
(3) In section 20 of the Principal Act for sub-sections
(2) and (3) substitute--
"(2) The Director or the Chief Commissioner of
5
Police may apply to the Tribunal for the
suspension of the licence held by a licensee
if an application has been made in respect of
the licence under sub-section (1).
(3) After considering an application under sub-
10
section (2), the Tribunal--
(a) may suspend the licence for a period
ending not later than the end of the
inquiry, if the Tribunal considers that
there is reasonable cause for believing
15
that a ground set out in sub-section (1)
exists in relation to the licensee; and
(b) if the licence is suspended, must give
the licensee notice of the suspension.".
(4) In section 20 of the Principal Act, sub-sections (4)
20
to (8) are repealed.
292. Determination of Tribunal on inquiry
(1) In section 21 of the Principal Act, for sub-section
(1) substitute--
"(1) After conducting an inquiry under section
25
20, the Tribunal, if it considers it
appropriate, may, by order, do any one or
more of the following--
(a) reprimand the licensee;
(b) require the licensee to pay a penalty of
30
up to $5000;
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(c) require the licensee to comply within a
specified time with a requirement
specified by the Tribunal;
(d) cancel any licence held by the licensee
and disqualify the licensee either
5
permanently or temporarily from
holding a licence;
(e) suspend any licence held by the
licensee for a specified period not
exceeding 12 months;
10
(f) impose any condition or limitation on
any licence held by the licensee;
(g) disqualify the licensee in accordance
with sub-section (2);
(h) disqualify a person in accordance with
15
sub-section (2);
(i) require the licensee to enter into an
undertaking to perform, or not to
perform, certain tasks to be specified in
the undertaking.".
20
(2) In section 21(1A) of the Principal Act omit "(or,
if the licence has been surrendered, the former
licensee)".
(3) In section 21 of the Principal Act, in sub-sections
(1A) to (5) for "Authority" (wherever occurring)
25
substitute "Tribunal".
(4) In section 21 of the Principal Act sub-sections (6)
and (7) are repealed.
293. New section 22 substituted
For section 22 of the Principal Act substitute--
30
"22. Applications for review
(1) A person whose interests are affected by a
decision of the Authority under section 10,
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11 or 23 may apply to the Tribunal for
review of that decision.
(2) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
5
or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
10
which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be
given.".
15
294. Unjust conduct
(1) In sections 25(d), 26(1)(b), 27(5), 28 and 29 of the
Principal Act for "Authority" (wherever
occurring) substitute "Tribunal".
(2) In section 27(1)(a) of the Principal Act, for
20
"Licensing Registrar" substitute "Registrar".
295. Employment of disqualified person
In section 34 of the Principal Act after sub-section
(2) insert--
"(3) Nothing in this section empowers the
25
Authority to approve the employment of a
person in contravention of an order of the
Tribunal.".
296. Powers of entry
(1) In section 41(1) of the Principal Act after "1972"
30
insert ", a member of the police force".
(2) In section 41(3) of the Principal Act, after
"inspector" insert ", member of the police force".
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(3) In section 41(4)(a) of the Principal Act after
"inspector" insert ", a member of the police
force".
297. Production of records
In section 42(1) of the Principal Act after
5
"Director" (where first occurring) insert ", a
member of the police force".
298. Production of records
(1) In section 42A(1) of the Principal Act--
(a) for "in any proceedings before the
10
Authority" substitute "to the Authority in
respect of any application under this Act";
(b) in paragraph (a) for "the proceedings"
substitute "the application";
(c) in paragraph (c) for "a member of the
15
Authority" substitute "the Registrar".
(2) In section 42A(2)(a) of the Principal Act for "in
the proceedings" substitute "in respect of an
application".
299. False or misleading statements
20
In section 42B(1) of the Principal Act omit ", or
an objection to the granting or holding of a
licence".
300. New section 42BA inserted
After section 42B of the Principal Act insert--
25
"42BA. Waiver or refund of fees
The Registrar may, in a particular case or
class of cases--
(a) waive or reduce fees that would
otherwise be payable under this Act; or
30
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(b) refund, in whole or in part, fees paid
under this Act.".
301. Payments by Registrar
In section 42C of the Principal Act for "Licensing
Registrar" substitute "Registrar".
5
302. Who may take proceedings?
After section 45(1)(b) of the Principal Act
insert--
"or
(c) a member of the police force.".
10
303. Compensation scheme
(1) In section 46 of the Principal Act for
"Administrative Appeals Tribunal" (where twice
occurring) substitute "Tribunal".
(2) After section 46(3) of the Principal Act insert--
15
"(4) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
or
(b) if, under the Victorian Civil and
20
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
25
under section 46(5) of that Act that a
statement of reasons will not be
given.".
304. New section 46A inserted
After section 46 of the Principal Act insert--
30
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"46A. Extension of time
(1) The Authority, on the application of the
Director, the Chief Commissioner of Police
or any person or on its own initiative, may
extend any time limit fixed by this Act for
5
taking any action.
(2) The Authority may give an extension under
this section even if an application for the
extension was not made until after the end of
the time appointed or fixed for taking the
10
action.
(3) This section does not apply to any time limit
applying to the taking of any proceeding
before the Tribunal.".
305. New sections 47A and 47B inserted
15
After section 47 of the Principal Act insert--
"47A. Protection for things done under Act
(1) An action does not lie against an applicant, a
licensee or any other person on account of
any information provided to the Authority,
20
any publication made or anything done under
the authority of this Act or provided made or
done purportedly under the authority of this
Act or on account of any omission made in
good faith in the administration of this Act.
25
(2) Sub-section (1) does not apply to anything
done or omitted to be done in the
performance of a duty by a public statutory
authority, a member of a public statutory
authority or any person employed in the
30
service of the Crown.
47B. Delegation by Director
The Director may, by instrument, delegate
to--
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(a) the Authority; or
(b) the Registrar; or
(c) any person engaged or appointed under
section 7(2) or 15 of the Business
Licensing Authority Act 1998; or
5
(d) any person employed or engaged to
work in the Office of Fair Trading and
Business Affairs--
any function or power of the Director under
this Act other than this power of
10
delegation.".
306. Regulations
In section 48(4) of the Principal Act for "20
penalty units" substitute "10 penalty units".
307. Repeal of Parts 5 and 6
15
Parts 5 and 6 of the Principal Act are repealed.
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PART 18--VALUATION OF LAND ACT 1960
308. Freedom of information
After section 3A(5) of the Valuation of Land Act
1960 insert--
"(6) Despite sub-section (3), the Secretary of the
5
Department administering this Act has
access to any material that is--
(a) required by the Secretary for the
purposes of the Freedom of
Information Act 1982; and
10
(b) prepared under or for the purposes of
this Act.".
309. New Part III substituted
For Part III of the Valuation of Land Act 1960
substitute--
15
'PART III--OBJECTIONS, REVIEWS AND
APPEALS
Division 1--Introductory
14. Definitions
In this Part--
20
"Commissioner" means Commissioner of
State Revenue under the Taxation
Administration Act 1997;
"Court" means the Supreme Court;
"land" includes any estate or interest in
25
land;
"Tribunal" means Victorian Civil and
Administrative Tribunal established by
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the Victorian Civil and
Administrative Tribunal Act 1998.
Division 2--Notice of valuations
15. Rating authority must give notice of
valuation
5
(1) A rating authority that makes a valuation or
causes a valuation to be made must, in
respect of each rate it makes or intends to
make, give to the person liable for the
payment of that rate--
10
(a) a notice of valuation that--
(i) identifies the land in respect of
which the rate is or will be
payable; and
(ii) shows the several bases of value
15
assessed in respect of the land;
and
(iii) states the date as at which the
value of the land was assessed;
and
20
(b) a notice that some other authority may
use one of the bases of value shown for
the purposes of a rate or tax levied by
that authority.
(2) The notice referred to in sub-section (1)(b)
25
must be given before or at the same time as
the notice referred to in sub-section (1)(a).
(3) If the person liable for payment of the rate is
not the occupier of the land, the rating
authority must also give the notices referred
30
to in sub-section (1) to the occupier.
Division 3--Objections
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16. Who may object?
(1) A person aggrieved by an assessment of the
value of any land made by or for a rating
authority may lodge a written objection with
the rating authority on any one or more of
5
the grounds set out in section 17.
(2) An objection must--
(a) be in the prescribed form; and
(b) give particulars of the bases of
valuation to which objection is made;
10
and
(c) state the grounds on which the
objection is based.
(3) However, a rating authority cannot disallow
an objection only because of a failure to
15
comply with sub-section (2).
(4) The occupier of land valued by or for a
rating authority is deemed to be a person
aggrieved by an assessment of the value of
the land whether or not the occupier is liable
20
to be rated by the rating authority.
(5) A person is deemed to be a person aggrieved
by an assessment of the value of land if--
(a) the person is liable for or required to
pay any rate or tax in respect of land;
25
and
(b) notice of a valuation of the land has not
been given to that person by the rating
authority which made it or which
caused it to be made.
30
(6) A person referred to in sub-section (5) must
give written notice of an objection to the
person or body that issued the assessment of
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the rate or tax and to the rating authority that
made the valuation or caused it to be made.
17. Grounds for objection
The grounds for an objection are--
(a) that the value assigned is too high or
5
too low;
(b) that the interests held by various
persons in the land have not been
correctly apportioned;
(c) that the apportionment of the valuation
10
is not correct;
(d) that lands that should have been
included in one valuation have been
valued separately;
(e) that lands that should have been valued
15
separately have been included in one
valuation;
(f) that the person named in the notice of
valuation, assessment notice or other
document is not liable to be so named;
20
(g) that the area, dimensions or description
of the land are not correctly stated in
the notice of valuation, assessment
notice or other document.
18. Time for lodging objection
25
(1) An objection to a valuation made by the
Commissioner or for the Commissioner by a
person or authority other than a municipal
council must be lodged within 2 months after
the notice of assessment based on that
30
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valuation has been given under the Land
Tax Act 1958.
(2) In any other case, an objection must be
lodged--
(a) if any of the valuations in the notice
5
given by the rating authority under
section 15(1)(a) appear for the first
time--within 2 months after the notice
is given; or
(b) if a valuation that has appeared in a
10
notice given by the rating authority
appears in a subsequent notice given by
that authority--
(i) if the subsequent notice is given
on or after 1 February but before
15
1 October in any year--within
2 months after the subsequent
notice is given; or
(ii) in any other case--during
February or March next after the
20
subsequent notice is given; or
(c) in the case of a person referred to in
section 16(5)--within 2 months after
receiving the notice of assessment of
the rate or tax.
25
19. Further limitation on lodging of objections
if previous objection lodged
(1) If an objection to the valuation of any
rateable land is lodged with a rating
authority and considered by the valuer of
30
that authority under section 21, a further
objection to that valuation cannot be made
within 12 months after the lodgement of that
objection.
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(2) Sub-section (1) applies whether the valuation
is used by the rating authority to whom the
objection was made or another rating
authority.
20. Determination of objection by
5
Commissioner
An objection to a valuation made by the
Commissioner or for the Commissioner by a
person or authority other than a municipal
council must be considered and determined
10
by the Commissioner in accordance with
section 24A of the Land Tax Act 1958.
21. Determination of objection in any other
case
(1) Except in the case of an objection referred to
15
in section 20, the rating authority must cause
an objection lodged with it to be considered
and determined in accordance with this
section.
(2) The rating authority must refer an objection
20
to the valuer for that authority, who must
provide a reasonable opportunity for the
objector to discuss the matter with him or
her.
(3) Within 2 months after receiving an
25
objection, the valuer must--
(a) if he or she considers that no
adjustment in the valuation is
justified--give the objector written
notice of that decision; or
30
(b) if he or she considers that an
adjustment in the valuation is
justified--
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(i) recommend accordingly to the
valuer-general; and
(ii) give the objector and the rating
authority a copy of the
recommendation.
5
(4) The valuer-general, after consultation if
practical with the valuer, must determine the
objection as follows--
(a) the valuer-general may disallow the
recommended adjustment in whole or
10
part if in his or her opinion the general
uniformity of the valuation or the
general trueness and correctness of the
valuation will be substantially affected
by the adjustment; or
15
(b) in any other case, the valuer-general
must confirm the recommended
adjustment.
(5) The valuer-general must give written notice
of his or her decision, within 2 months after
20
receiving the recommendation, to the
objector, the valuer and the rating authority.
(6) Subject to any appeal or review under
Division 3, the decision of the valuer-general
must be given effect to by the rating
25
authority and every other rating authority
using that valuation.
Division 4--Reviews and appeals
22. Right of review or appeal
(1) Subject to section 23, if--
30
(a) an objector is dissatisfied with the
determination of the Commissioner, a
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valuer or the valuer-general on the
objection; or
(b) 2 months have passed since an
objection has been lodged with the
rating authority and the valuer for the
5
rating authority has not determined the
objection or the valuer has not given
notice to the objector under section
21(3)(b)(ii); or
(c) 2 months have passed since a valuer
10
has given notice to an objector under
section 21(3)(b)(ii) and the valuer-
general has not determined the
objection--
the objector may lodge with the rating
15
authority a written notice requiring the rating
authority to refer the matter to the Tribunal
or to treat the objection as an appeal and
cause it to be set down for hearing at the next
sitting of the Supreme Court.
20
(2) A notice under sub-section (1)--
(a) in the circumstances referred to in sub-
section (1)(a)--must be lodged within
30 days after the date that notice of the
determination is given to the objector;
25
or
(b) in the circumstances referred to in sub-
section (1)(b) or (c)--may be made at
any time after the relevant 2 month
period.
30
(3) At the time of lodging a notice under sub-
section (1), an objector must send a copy of
the notice to the Tribunal or the Supreme
Court (as the case requires).
23. Jurisdiction of Tribunal and Court
35
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(1) Subject to sub-section (3), a matter is to be
referred to the Tribunal under this Division if
it relates to a valuation of an amount being--
(a) a capital improved value less than
$250 000; or
5
(b) a site value less than $100 000; or
(c) a net annual value less than $12 500.
(2) If a matter relates to a valuation of an
amount equal to or more than an amount
referred to in sub-section (1), the matter may
10
be referred to the Tribunal or treated as an
appeal to the Court--
(a) at the option of the objector; or
(b) at the option of the rating authority if
the objector does not exercise the
15
objector's option within 1 month after
being requested to do so by the rating
authority.
(3) A matter may be treated as an appeal to the
Court irrespective of the amount of the
20
valuation if the Court is satisfied on the
application of any party that the appeal raises
questions of unusual difficulty or of general
importance.
24. Grounds of review or appeal
25
On a review or appeal the objector's case is
limited to--
(a) the grounds of the objection; and
(b) any other grounds set out in the notice
to the rating authority under section
30
22(1)--
unless the Tribunal or Court otherwise
orders.
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25. Referral to Tribunal
(1) The Tribunal must review a matter referred
to it and may, by order, confirm, increase or
reduce or otherwise amend any valuation.
(2) The Tribunal may in its discretion award the
5
costs of any proceedings under this
Division--
(a) to the party in whose favour the
proceedings are determined; or
(b) if a matter was referred to the Tribunal
10
under this Division, but was not
proceeded with by the objector, to the
rating authority.
26. Supreme Court appeals
(1) On the hearing of an appeal under this
15
Division, the Court may make any order it
thinks fit and may, by order--
(a) confirm, increase or reduce any
valuation; and
(b) make any other amendment to a
20
valuation or assessment notice it thinks
fit.
(2) The Court may in its discretion award the
costs of an appeal under this Division--
(a) to the party in whose favour the appeal
25
is determined; or
(b) if the appeal was lodged in respect of
the matter under section 22(1), but was
not proceeded with by the objector, to
the rating authority.
30
27. Costs if owner and occupier appeal
separately
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(1) This section applies if the owner and the
occupier of land separately apply to the
Tribunal or appeal to the Court in respect of
the same assessment of value.
(2) If this section applies, the Court or Tribunal
5
must not award the owner or occupier any
costs in respect of the proceedings unless the
Court or Tribunal is satisfied--
(a) if the applicant or appellant is the
owner, that--
10
(i) the owner, before giving notice
under section 22(1), requested the
occupier to join in the
proceedings; and
(ii) the occupier refused or failed to
15
do so; or
(b) if the applicant or appellant is the
occupier, that--
(i) the occupier, before giving notice
under section 22(1), requested the
20
owner to join in the proceedings;
and
(ii) the owner refused or failed to do
so.
(3) If the party bringing the proceedings satisfies
25
the Court or Tribunal as set out in sub-
section (2), the owner or occupier refusing or
failing to join the proceedings must pay the
costs of that person's own application or
appeal.
30
(4) This section does not apply if the owner or
occupier lodged a written objection pursuant
to section 16(6).
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Division 5--General
28. Procedure if land is in more than one area
(1) Despite anything to the contrary in any Act,
if any rateable land of a person comprising
one undertaking extends continuously
5
beyond the boundaries of any rating
authority so that the undertaking is subject to
more than one separate valuation for the
purpose of rating, although there is no actual
separation of the different parts of the land
10
rated, the person may object to the valuations
in accordance with this section.
(2) The person objecting to the valuations may
lodge with one of the rating authorities a
written notice requiring the rating authority
15
to refer the matter to the Tribunal or to treat
the objection as an appeal and cause it to be
set down for hearing at the next sitting of the
Supreme Court.
(3) The notice must be lodged within the time
20
permitted under this Part for an objection
against the valuation by the rating authority
of the rateable land.
(4) On the same day as the notice is lodged
under sub-section (2), the person objecting to
25
the valuation may lodge with each of the
other rating authorities which made a
valuation a written notice requiring the
rating authority to refer the matter to the
Tribunal or to treat the objection as an
30
appeal and cause it to be set down for
hearing at the next sitting of the Supreme
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Court so that the valuation of different parts
of the same land may be made the subject of
one proceeding.
(5) A notice may be lodged under sub-section
(4) even if the time permitted under this Part
5
for objections has expired.
(6) This Part applies to an appeal to the Supreme
Court or a referral to the Tribunal as if it
were an appeal or referral under Division 4.
(7) If there is more than one appeal or referral
10
under this section, the Supreme Court or the
Tribunal (as the case requires) may at the
hearing direct the consolidation of the
matters for the purpose of assessing the
value of the land as a whole and for
15
apportioning that value between the different
rating authorities whose valuations were the
subject of the referral or appeal.
29. Recovery of rate or tax pending objection,
review or appeal
20
An objection, review or appeal under this
Part to the assessment of the value of any
land does not prevent the recovery of any
rate or tax based on that valuation pending
the determination of the objection, review or
25
appeal.
30. Tribunal members not disqualified as
witnesses
A member of the Tribunal is not disqualified
from appearing as a witness in any hearing
30
under this Part where he or she is not sitting
as a member of the Tribunal.'.
_______________
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PART 19--GENERAL
310. Repeal of AAT and Planning Appeals Acts
The following Acts are repealed--
(a) Administrative Appeals Tribunal Act
1984;
5
(b) Administrative Appeals Tribunal
(Planning) Act 1990;
(c) Administrative Appeals Tribunal
(Planning) Act 1991;
(d) Planning Appeals Act 1980.
10
311. Further consequential amendments
On the coming into operation of an item in
Schedule 1, the Act specified in the heading to
that item is amended as set out in that item.
312. Savings and Transitional provisions
15
Schedule 2 has effect.
313. Interim fees
A fee specified in Schedule 3 in respect of a
matter has effect until regulations are made under
the Victorian Civil and Administrative
20
Tribunal Act 1998 prescribing a fee in respect of
that matter as if it were prescribed by such
regulations.
__________________
25
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SCHEDULES
SCHEDULE 1
Section 311
FURTHER CONSEQUENTIAL AMENDMENTS
5 1. Accident Compensation Act 1985
1.1 In section 5(1) after the definition of "superannuation
benefit" insert--
' "Tribunal" means Victorian Civil and Administrative
Tribunal established by the Victorian Civil and
10 Administrative Tribunal Act 1998;'.
1.2 In sections 32(4)(d), 46(2), 47(2) and (3), 65(3)(a) and
129(4) for "Administrative Appeals Tribunal" substitute
"Tribunal".
1.3 In section 129A the definition of "Tribunal" is repealed.
15 1.4 In section 129G sub-sections (4) and (6) are repealed.
1.5 In section 129G(7) paragraph (a) is repealed.
1.6 In section 129G for sub-sections (16) and (17) substitute--
"(16) Sub-section (15) does not apply to or in relation to a
referral of a question of law under section 96 of the
20 Victorian Civil and Administrative Tribunal Act
1998 or an appeal under section 148 of that Act.
(17) An application for leave to appeal under section 148
of the Victorian Civil and Administrative Tribunal
Act 1998 against an order of the Tribunal under this
25 Division by a person other than the Authority or a
self-insurer does not operate as a stay of the order or
of the liability of a contributor to make such payment
as is, or payments as are, determined to be payable.".
1.7 Section 129K(1) is repealed.
30 1.8 In section 152(1) for "Administrative Appeals Tribunal"
substitute "Tribunal".
1.9 In section 185 for sub-section (5) substitute--
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"(5) An agent whose interests are affected by a
notification under this section may apply to the
Tribunal for review of the decision to give the
notification.".
5 1.10 In section 186(5) for "Administrative Appeals Tribunal"
substitute "Tribunal".
1.11 In section 243(2)--
(a) in paragraph (aa) for "Administrative Appeals
Tribunal" substitute "Tribunal";
10 (b) in paragraph (c) sub-paragraph (ii) is repealed.
1.12 In section 249C for paragraph (1) and (2) substitute--
"(1) A person whose interests are affected by a decision of
the Authority under section 249B may apply to the
Tribunal for review of the decision.
15 (2) An application for review must be made within 12
months after the person became aware of the
decision.".
1.13 In section 249C sub-sections (3), (8), (15) and (16) are
repealed.
20 1.14 In section 249C for sub-section (17) substitute--
"(17) An application for leave to appeal under section 148
of the Victorian Civil and Administrative Tribunal
Act 1998 against an order of the Tribunal under this
section by a person other than the Authority does not
25 operate as a stay of the order.".
2. Administrative Law Act 1978
2.1 In section 4 for sub-sections (3) and (4) substitute--
"(3) If an application for review relates to a proceeding in
the Victorian Civil and Administrative Tribunal under
30 the Small Claims Act 1973 or under a credit
enactment within the meaning of clause 2 of Schedule
1 to the Victorian Civil and Administrative
Tribunal Act 1998, the Court must refuse the
application unless it is satisfied that the applicant has
35 made out a prima facie case for relief under section 7
on the ground that--
(a) the Tribunal had or has no jurisdiction in
relation to the matter; or
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(b) there has been a denial of natural justice to a
party in the proceeding before the Tribunal.
(4) If an application for review relates to a proceeding in
the Victorian Civil and Administrative Tribunal or a
5 determination or order of that Tribunal under the
Residential Tenancies Act 1997, the Court must
refuse the application unless it is satisfied that the
applicant has made out a prima facie case for relief
under section 7 on the ground that--
10 (a) the Tribunal had or has no jurisdiction in
relation to the matter; or
(b) there has been a denial of natural justice to the
applicant or to a party in the proceeding before
the Tribunal.".
15 2.2 In section 8(2) omit ", in case of a Small Claims Tribunal or
the Residential Tenancies Tribunal or the Credit Tribunal
either before or at the time of the giving or notification of
the decision, and in any other case".
2.3 After section 8(6) insert--
20 "(7) Nothing in this section applies to the Victorian Civil
and Administrative Tribunal or the Business
Licensing Authority.".
2.4 After section 14 insert--
"15. Supreme Court--Limitation of jurisdiction
25 It is the intention of section 4(3) and (4) as substituted
by item 2.1 of Schedule 1 to the Tribunals and
Licensing Authorities (Miscellaneous
Amendments) Act 1998, to alter or vary section 85
of the Constitution Act 1975.".
30 3. Adoption Act 1984
For section 129A substitute--
"129A. Review by Victorian Civil and Administrative
Tribunal
(1) A person whose interests are affected by the relevant
35 decision may apply to the Victorian Civil and
Administrative Tribunal for review of a decision of--
(a) the Director-General or a principal officer of an
approved agency--
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(i) refusing to approve a person as a fit and
proper person to adopt a child; or
(ii) deferring the making of a decision to
refuse or approve a person as a fit and
5 proper person to adopt a child; or
(iii) revoking the approval of a person to
adopt a child; or
(b) the Director-General--
(i) refusing to approve an organisation as an
10 agency; or
(ii) revoking or suspending for a specified
period the approval of an agency; or
(iii) refusing to renew an approval of an
agency.
15 (2) An application for review must be made within 28
days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the person
20 requests a statement of reasons for the decision,
the day on which the statement of reasons is
given to the person or the person is informed
under section 46(5) of that Act that a statement
of reasons will not be given.".
25 4. Agricultural and Veterinary Chemicals (Control of Use) Act
1992
In section 64(1) for "Subject to sub-section (2), a person
may apply to the Administrative Appeals Tribunal"
substitute "A person whose interests are affected by the
30 relevant decision may apply to the Victorian Civil and
Administrative Tribunal".
5. Architects Act 1991
5.1 In sections 34(1) and 37(6) for "Administrative Appeals
Tribunal" (wherever occurring) substitute "Victorian Civil
35 and Administrative Tribunal".
5.2 In the heading to Part 5 for "ADMINISTRATIVE
APPEALS" substitute "VICTORIAN CIVIL AND
ADMINISTRATIVE".
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5.3 In section 42--
(a) for "Without limiting section 27 of the
Administrative Appeals Tribunal Act 1984, a
person may apply to the Administrative Appeals
5 Tribunal" substitute "(1) A person may apply to the
Victorian Civil and Administrative Tribunal";
(b) in paragraph (f) omit "; or";
(c) paragraph (g) is repealed.
5.4 At the end of section 42 insert--
10 A person whose interests are affected by a determination by the Board not to
institute an inquiry into an architect's fitness to
practise or professional conduct may apply to the
Victorian Civil and Administrative Tribunal for
review of the determination.".
5.5 In section 43 for "Without limiting section 27 of the
Administrative Appeals Tribunal Act 1984, a company or
member of a partnership may apply to the Administrative
Appeals Tribunal" substitute "A company or member of a
20 partnership may apply to the Victorian Civil and
Administrative Tribunal".
5.6 For section 44 substitute--
"44. Time limits for applying for review
An application for review under this Part must be
25 made--
(a) in the case of an application under section
43(c)--within 14 days after the day on which
the Board gives notice of the determination to
the company or partnership; or
30 (b) in the case of an application under section
42(1)(b) or (f) or 43(b) or (e)--within 3 months
after the day on which the relevant prescribed
time ends; or
(c) in any other case--within 3 months after the
35 day on which the Board or Tribunal gives
notice of the determination to the person,
company or partnership.".
6. Barley Marketing Act 1993
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For section 69 substitute--
"69. Review of decision to require information
(1) A person may apply to the Victorian Civil and
Administrative Tribunal for review of a decision by
5 the Board under section 31 requiring the person to
give the Board information.
(2) An application for review must be made within 28
days after the later of--
(a) the day on which the notice under section 31 is
10 given to the person;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the person
requests a statement of reasons for the decision,
the day on which the statement of reasons is
15 given to the person or the person is informed
under section 46(5) of that Act that a statement
of reasons will not be given.".
7. Bayside Project (Amendment) Act 1989
In section 4 sub-sections (2) and (3) are repealed.
20 8. Biological Control Act 1986
8.1 In section 54(1) for "appeal to the Administrative Appeals
Tribunal against the decision" substitute "apply to the
Victorian Civil and Administrative Tribunal for review of
the decision".
25 8.2 In section 54 for sub-section (2) substitute--
"(2) An application for review must be made within 28
days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
30 Administrative Tribunal Act 1998, the person
requests a statement of reasons for the decision,
the day on which the statement of reasons is
given to the person or the person is informed
under section 46(5) of that Act that a statement
35 of reasons will not be given.".
9. Births, Deaths and Marriages Registration Act 1996
9.1 In section 4(1) the definition of "Tribunal" is repealed.
9.2 For section 52 substitute--
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"52. Review by Victorian Civil and Administrative
Tribunal
(1) A person whose interests are affected by a decision of
the Registrar under this Act may apply to the
5 Victorian Civil and Administrative Tribunal for
review of the decision.
(2) An application for review must be made within 28
days after the later of--
(a) the day on which the decision is made;
10 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the person
requests a statement of reasons for the decision,
the day on which the statement of reasons is
given to the person or the person is informed
15 under section 46(5) of that Act that a statement
of reasons will not be given.".
10. Building Act 1993
10.1 In section 3(1) in the definitions of "domestic builder",
"domestic building work" and "major domestic building
20 contract" omit "and Tribunal".
10.2 In section 90(3) omit "Board".
10.3 For section 131(3) substitute--
'(3) In this section--
"court" includes the Victorian Civil and
25 Administrative Tribunal.'.
10.4 In section 137A(1)(a) omit "and Tribunal".
10.5 In section 137B(1) for paragraph (c) substitute--
"(c) a building that is exempted from the operation of this
section by the Victorian Civil and Administrative
30 Tribunal under the Domestic Building Contracts
Act 1995; or".
10.6 In section 137B(7) in the definitions of "home" and
"prescribed building practitioner" omit "and Tribunal".
10.7 In section 178(1) for paragraph (ca) substitute--
35 "(ca) on a referral by the Victorian Civil and
Administrative Tribunal; or".
10.8 In section 182(1) for paragraph (ba) substitute--
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"(ba) the Victorian Civil and Administrative Tribunal, if it
referred the matter to the Board; and".
10.9 In section 188(2A) and 200(5)(b) omit "and Tribunal".
10.10 In section 200(7) for paragraph (ba) substitute--
5 "(ba) in accordance with sub-section (7A), any costs and
expenses incurred in the administration of the
Domestic Building Contracts Act 1995 or the
regulations under that Act including, but not limited
to, the costs and expenses of the Victorian Civil and
10 Administrative Tribunal in respect of proceedings
under that Act; and".
10.11 In section 221ZZN(7) for "Administrative Appeals
Tribunal" substitute "Victorian Civil and Administrative
Tribunal".
15 10.12 In section 221ZZZP--
(a) for "Administrative Appeals Tribunal" substitute
"Victorian Civil and Administrative Tribunal";
(b) paragraph (d) is repealed.
10.13 At the end of section 221ZZZP insert--
20 "(2) A party to a dispute under section 221ZZN may apply
to the Victorian Civil and Administrative Tribunal for
review of a declaration of the Board under that
section.
(3) A person may apply to the Victorian Civil and
25 Administrative Tribunal for review of a declaration of
the Board under section 221ZZO.".
10.14 Section 221ZZZQ is repealed.
11. Business Franchise (Tobacco) Act 1974
11.1 In section 2(1) after the definition of "tobacco wholesaling"
30 insert--
' "Tribunal" means Victorian Civil and Administrative
Tribunal established by the Victorian Civil and
Administrative Tribunal Act 1998;'.
11.2 In sections 17(1)(a) and 18(a) for "Administrative Appeals
35 Tribunal" substitute "Tribunal".
11.3 For section 18A substitute--
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"18A. Powers of Tribunal on review
If a decision is referred to the Tribunal, the Tribunal
must review it and may confirm, reduce, increase or
vary the assessment.".
5 12. Catchment and Land Protection Act 1994
12.1 In section 3 the definition of "Administrative Appeals
Tribunal" is repealed.
12.2 In section 48--
(a) for "Without limiting section 27 of the
10 Administrative Appeals Tribunal Act 1984, a
person" substitute "A person";
(b) for "Administrative Appeals Tribunal" (where
secondly occurring) substitute "Victorian Civil and
Administrative Tribunal".
15 12.3 In section 48--
(a) in sub-section (2) for "Administrative Appeals
Tribunal" substitute "Victorian Civil and
Administrative Tribunal";
(b) sub-section (5) is repealed.
20 12.4 After section 48 insert--
"48A. Application for declaration
(1) A person may apply to the Victorian Civil and
Administrative Tribunal for a declaration concerning
the validity of a decision referred to in section 48(1).
25 (2) On an application under sub-section (1) the Tribunal
may make any declaration it thinks appropriate in the
circumstances.
(3) The Tribunal's power to make a declaration under this
section is exercisable only by a presidential member
30 of the Tribunal.
48B. Matters Tribunal must take into account
In determining an application under section 48 or 48A
the Tribunal must--
(a) take into account any relevant planning
35 scheme; and
(b) where appropriate, have regard to any planning
scheme or amendment adopted by a planning
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authority under the Planning and
Environment Act 1987 but not, as at the date
the application is determined, approved by the
Minister; and
5 (c) take account of and give effect to any relevant
State environment protection policy declared in
any Order made by the Governor in Council
under section 16 of the Environment
Protection Act 1970.".
10 12.5 In section 94--
(a) in paragraph (a) omit "and";
(b) paragraph (b) is repealed.
12.6 In clause 13 of Schedule 4, sub-clauses (3) and (4) are
repealed.
15 13. Children and Young Persons Act 1989
13.1 In section 122 for sub-sections (1) and (2) substitute--
"(1) A child or a child's parent may apply to the Victorian
Civil and Administrative Tribunal for review of--
(a) a decision contained in a case plan prepared in
20 respect of the child under section 120 or any
other decision made by the Director-General
concerning the child; or
(b) a decision relating to the recording of
information in the central register referred to in
25 section 65(1)(b).
(2) An application for review must be made within 28
days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
30 Administrative Tribunal Act 1998, the person
requests a statement of reasons for the decision,
the day on which the statement of reasons is
given to the person or the person is informed
under section 46(5) of that Act that a statement
35 of reasons will not be given.".
13.2 In section 122(3) for "Administrative Appeals Tribunal"
substitute "Victorian Civil and Administrative Tribunal".
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14. Community Services Act 1970
14.1 In section 13F for sub-sections (1) and (2) substitute--
"(1) Any of the following may apply to the Victorian Civil
and Administrative Tribunal for review of a decision
5 made under or in relation to a child care agreement or
long-term child care agreement relating to the care of
a child or young person--
(a) the child or young person;
(b) a parent of the child or young person;
10 (c) any other person whose interests are affected
by the decision.
(2) An application for review must be made within 28
days after the later of--
(a) the day on which the decision is made;
15 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the person
requests a statement of reasons for the decision,
the day on which the statement of reasons is
given to the person or the person is informed
20 under section 46(5) of that Act that a statement
of reasons will not be given.".
14.2 In section 13F(3) for "Administrative Appeals Tribunal"
substitute "Victorian Civil and Administrative Tribunal".
14.3 In section 203(u) for "and the Appeals Tribunal, and"
25 substitute "and meetings of".
15. Conservation, Forests and Lands Act 1987
15.1 In section 76--
(a) in sub-section (1)(d) for "Administrative Appeals
Tribunal" substitute "Victorian Civil and
30 Administrative Tribunal";
(b) in sub-section (3) for "Administrative Appeals
Tribunal for a review" substitute "Victorian Civil and
Administrative Tribunal for review".
15.2 After section 76(3) insert--
35 "(3A) An application for review must be made within 28
days after the later of--
(a) the day on which the decision is made;
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(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the party
requests a statement of reasons for the decision,
the day on which the statement of reasons is
5 given to the party or the party is informed
under section 46(5) of that Act that a statement
of reasons will not be given.".
15.3 In section 76(4) for "Administrative Appeals Tribunal"
substitute "Tribunal".
10 16. Country Fire Authority Act 1958
16.1 In section 20B for sub-section (2) substitute--
"(2) A person whose interests are affected by a decision of
the Authority under sub-section (1) may apply to the
Victorian Civil and Administrative Tribunal, within
15 28 days after receiving notice of the decision, for
review of the decision.".
16.2 In section 23AA for sub-section (4) substitute--
"(4) A relevant owner may apply to the Victorian Civil
and Administrative Tribunal for review of a
20 requirement under sub-section (2) to form an industry
brigade.
(5) An application for review must be made within 28
days after the later of--
(a) the day on which the requirement is made;
25 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
relevant owner requests a statement of reasons
for the decision, the day on which the statement
of reasons is given to the relevant owner or the
30 relevant owner is informed under section 46(5)
of that Act that a statement of reasons will not
be given.".
16.3 In section 87 for sub-section (7) substitute--
"(7) A person whose interests are affected by a
35 determination of the Authority under this section may
apply to the Victorian Civil and Administrative
Tribunal for review of the decision.".
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17. Crimes Act 1958
In section 175(1), in the definition of "trustee" omit
"Board".
18. Crimes (Family Violence) Act 1987
5 In sections 7(1)(e) and 11(1) omit "Board".
19. Dairy Industry Act 1992
19.1 In section 33--
(a) in sub-section (1)--
(i) for "who feels aggrieved" substitute "whose
10 interests are affected";
(ii) for "appeal against the decision to the
Administrative Appeals Tribunal" substitute
"apply to the Victorian Civil and
Administrative Tribunal for review of the
15 decision";
(b) in sub-section (2) for paragraph (b) substitute--
"(b) if an application under sub-section (1) is made
for review of the decision, unless and until the
review has been determined in favour of the
20 Authority.".
19.2 After section 33(2) insert--
"(3) If, under the Victorian Civil and Administrative
Tribunal Act 1998, the person requests a statement
of reasons for the decision, the period of 28 days
25 referred to in sub-section (1) and (2)(a) is extended
until the day on which the statement of reasons is
given to the person or the person is informed under
section 46(5) of that Act that a statement of reasons
will not be given.".
30 20. Dangerous Goods Act 1985
20.1 In section 3(1) after the definition of "Transport Code"
insert--
' "Tribunal" means Victorian Civil and Administrative
Tribunal established by the Victorian Civil and
35 Administrative Tribunal Act 1998;'.
20.2 In section 8 sub-section (2) is repealed.
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20.3 In section 10A for "Administrative Appeals Tribunal"
substitute "Tribunal".
20.4 After section 10A(3) insert--
"(4) An application for review must be made within 28
5 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
applicant requests a statement of reasons for the
10 decision, the day on which the statement of
reasons is given to the applicant or the
applicant is informed under section 46(5) of
that Act that a statement of reasons will not be
given.".
15 20.5 For section 17C substitute--
"17C. Review of directions
(1) A person whose interests are affected by a decision to
issue a direction under section 17B may apply to the
Tribunal for review of the decision.
20 (2) An application for review must be made within 7 days
after the direction is issued.
(3) A direction is suspended on the making of an
application for review until the application is
withdrawn or the review is determined.".
25 20.6 In section 22 for sub-section (1) substitute--
"(1) A person whose interests are affected by a decision of
the Authority refusing to issue or renew a licence may
apply to the Tribunal for review of the decision.".
20.7 In section 22(2) for "Administrative Appeals Tribunal"
30 substitute "Tribunal".
20.8 In section 23 for sub-section (3) substitute--
"(3) A person whose interests are affected by a decision of
the Authority inserting in a licence a condition,
limitation or restriction (other than a prescribed
35 condition, limitation or restriction) may apply to the
Tribunal for review of the decision.".
20.9 In section 23(4) for "Administrative Appeals Tribunal"
substitute "Tribunal".
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20.10 In section 25 for sub-section (1) substitute--
"(1) A person whose interests are affected by a decision of
the Authority amending, suspending or revoking a
licence may apply to the Tribunal for review of the
5 decision.".
20.11 In section 25(2) for "Administrative Appeals Tribunal"
substitute "Tribunal".
21. Domestic (Feral and Nuisance) Animals Act 1994
21.1 In section 3(1) the definition of "Administrative Appeals
10 Tribunal" is repealed.
21.2 In section 77(1)(b) for "under the Administrative Appeals
Tribunal Act 1984" substitute "under section 98(2A)".
21.3 In the heading to Division 6 of Part 7 for "Administrative
Appeals Tribunal" substitute "Victorian Civil and
15 Administrative Tribunal".
21.4 In section 98(1) and (2) for "Administrative Appeals
Tribunal for the review" substitute "Victorian Civil and
Administrative Tribunal for review".
21.5 After section 98(2) insert--
20 "(2A) An application for review under sub-section (1) or (2)
must be made within 28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
25 applicant requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the applicant or the
applicant is informed under section 46(5) of
that Act that a statement of reasons will not be
30 given.".
21.6 In section 98--
(a) in sub-section (3)--
(i) for "Administrative Appeals Tribunal" (where
first occurring) substitute "Victorian Civil and
35 Administrative Tribunal";
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(ii) in paragraph (b) for "Administrative Appeals
Tribunal" substitute "Tribunal";
(b) in sub-section (4)(b) for "Administrative Appeals
Tribunal" substitute "Tribunal".
5 22. Drugs, Poisons and Controlled Substances (Amendment) Act
1997
In section 5 for proposed section 69B substitute--
"69B. Review by VCAT
(1) A person may apply to the Victorian Civil and
10 Administrative Tribunal for review of a decision of
the Secretary--
(a) to refuse to issue an authority to that person; or
(b) to refuse to renew an authority held by that
person; or
15 (c) to suspend, cancel or amend an authority held
by that person.
(2) An application for review under sub-section (1) must
be made within 28 days after the later of--
(a) the day on which the decision is made;
20 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the person
requests a statement of reasons for the decision,
the day on which the statement of reasons is
given to the person or the person is informed
25 under section 46(5) of that Act that a statement
of reasons will not be given.".
23. Education Act 1958
23.1 In sections 34C and 34D for "Administrative Appeals
Tribunal" (wherever occurring) substitute "Victorian Civil
30 and Administrative Tribunal".
23.2 In section 34I omit ", the Administrative Appeals Tribunal".
23.3 In section 65 for sub-section (7) substitute--
"(7) The proprietor or head teacher of a school may apply
to the Victorian Civil and Administrative Tribunal for
35 review of a decision of an authorised officer not to
endorse the school or to cancel or suspend the
endorsement under this section.
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(7A) An application for review must be made within 28
days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
5 Administrative Tribunal Act 1998, the
applicant requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the applicant or the
applicant is informed under section 46(5) of
10 that Act that a statement of reasons will not be
given.".
23.4 In section 65(8) for "Administrative Appeals Tribunal"
substitute "Victorian Civil and Administrative Tribunal".
24. Emergency Management Act 1986
15 24.1 In section 24(6) for "Administrative Appeals Tribunal
established under the Administrative Appeals Tribunal
Act 1984 for a review" substitute "Victorian Civil and
Administrative Tribunal for review".
24.2 In sections 30 and 31 for "Administrative Appeals Tribunal"
20 (wherever occurring) substitute "Victorian Civil and
Administrative Tribunal".
24.3 In section 38 omit ", the Tribunal under Part 6".
25. Emergency Services Superannuation Act 1986
25.1 In section 23(6) for "An application may be made to the
25 Administrative Appeals Tribunal" substitute "A person
whose interests are affected by the relevant decision may
apply to the Victorian Civil and Administrative Tribunal".
25.2 In section 28A(c) omit "Board".
26. Employment Agents Act 1983
30 In section 36--
(a) for "After section 2(3)" substitute "After section
2(3B)";
(b) omit "Tribunals" where twice occurring.
27. Environment Protection Act 1970
35 27.1 In section 4(1)--
(a) the definition of "Administrative Appeals Tribunal" is
repealed;
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(b) after the definition of "this Act" insert--
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal
5 Act 1998;'.
27.2 For the heading to Part IV substitute--
"PART IV--REVIEWS BY TRIBUNAL".
27.3 In section 32--
(a) in sub-section (1) for "The Administrative Appeals
10 Tribunal shall have jurisdiction to hear and determine
all appeals under this Act from a decision" substitute
"The Tribunal has jurisdiction to review decisions";
(b) sub-section (2) is repealed.
27.4 In section 33--
15 (a) for "who is aggrieved" (wherever occurring)
substitute "whose interests are affected";
(b) for "appeal to the Administrative Appeals Tribunal
against" (wherever occurring) substitute "apply to
the Tribunal for review of".
20 27.5 In section 33A--
(a) in sub-sections (1), (2), (3), (4), (5) and (6)--
(i) for "who is aggrieved" substitute "whose
interests are affected";
(ii) for "appeal to the Administrative Appeals
25 Tribunal against" substitute "apply to the
Tribunal for review of";
(b) in sub-section (7) for "appeal brought" substitute
"application for review made".
27.6 In section 33A for sub-section (8) substitute--
30 "(8) If an application for review of an amendment of a
licence is made under sub-section (4)(b) the
amendment of the licence is suspended until the
application is withdrawn or the review is
determined.".
35 27.7 In section 33B for sub-section (1) substitute--
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"(1) If the Authority or a delegated agency--
(a) issues a works approval; or
(b) issues a licence on an application to which
section 20(8) applies; or
5 (c) amends a licence on an application to which
section 20A(6) applies; or
(d) removes the suspension of a licence--
a person whose interests are affected by the decision
(other than the applicant or licence holder) may apply
10 to the Tribunal, within 21 days after the decision is
made, for review of the decision.".
27.8 In section 33B--
(a) in sub-sections (2), (2A), (2B) and (2C) for "appeal"
substitute "application for review";
15 (b) in sub-section (3) for "a determination of the
Administrative Appeals Tribunal" substitute "an
order of the Tribunal".
27.9 In section 33B for sub-section (4) substitute--
"(4) If an application for review of a decision is made
20 under this section the decision is suspended until the
application is withdrawn or the review is
determined.".
27.10 For section 33C substitute--
"33C. What matters can Tribunal consider in reviews of
25 conditions of works approvals and licences?
(1) This section applies if--
(a) the Authority or a delegated agency has
amended a works approval or licence; and
(b) a person has applied to the Tribunal for review
30 of any of the conditions to which the works
approval or licence is subject.
(2) In a review referred to in sub-section (1)(b), the
Tribunal may only consider, and make orders in
respect of, those matters directly related or
35 consequential to the amendment of the works
approval or licence.".
27.11 In section 34--
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(a) in sub-section (1)--
(i) for "who is aggrieved" substitute "whose
interests are affected";
(ii) for "appeal to the Administrative Appeals
5 Tribunal against" substitute "apply to the
Tribunal for review of";
(b) in sub-section (2) for "an appeal under this section the
Administrative Appeals Tribunal shall" substitute "a
review under this section, the Tribunal may".
10 27.12 In section 35--
(a) for "who is aggrieved" (where twice occurring)
substitute "whose interests are affected";
(b) for "appeal to the Administrative Appeals Tribunal
against" (where twice occurring) substitute "apply to
15 the Tribunal for review of".
27.13 For section 36 substitute--
"36. Certain notices do not take effect pending review
If an application is made for review of a notice or
notice of amendment served under section 28B, 31A
20 or 47, the notice or notice of amendment does not
take effect until the end of the period of 30 days after
the day on which the Tribunal confirms or amends
it.".
27.14 In section 36A--
25 (a) for "who is aggrieved" (where twice occurring)
substitute "whose interests are affected";
(b) for "appeal to the Administrative Appeals Tribunal
against" (where twice occurring) substitute "apply to
the Tribunal for review of".
30 27.15 In section 36B--
(a) for "appeal to the Administrative Appeals Tribunal"
substitute "apply to the Tribunal for review of the
fee";
(b) sub-section (2) is repealed.
35 27.16 For section 36C substitute--
"36C. Reviews in respect of financial assurances under
section 67B(7)
196
532020B.I1-8/4/98
Tribunals and Licensing Authorities (Miscellaneous
Amendments) Act 1998
Sch. 1
Act No.
A person whose interests are affected by a decision of
the Authority under section 67B(7) may, within 21
days of the decision, apply to the Tribunal for review
of the decision.
5 36D. Application for declaration
(1) A person may apply to the Victorian Civil and
Administrative Tribunal for a declaration concerning
the validity of a decision referred to in section 32(1).
(2) On an application under sub-section (1) the Tribunal
10 may make any declaration it thinks appropriate in the
circumstances.
(3) The Tribunal's power to make a declaration under this
section is exercisable only by a presidential m