Statute Law Revision Bill 2013

Introduction Print

EXPLANATORY MEMORANDUM

General

The purpose of this Bill is to revise the statute law of Victoria. The Bill makes minor amendments to a number of Acts to correct grammatical and typographical errors, to update references and for other similar purposes. The Bill re-enacts in the Crimes Act 1958 and the Credit (Administration) Act 1984 certain ongoing transitional and other provisions. The Bill also repeals a number of spent or redundant Acts.

Clause Notes

Clause 1 sets out the purpose of the Bill.

Clause 2 sets out the commencement of the Bill. Subclause (1) provides that, subject to subclause (2), the Bill comes into operation on 1 December 2013. Subsection (2) provides for a number of items in Schedule 1 to be given retrospective commencement. The reason for the retrospective commencement of an item is set out in the note on that item in the notes on Schedule 1 below.

Clause 3 provides for the Acts listed in Schedule 1 to be amended as set out in that Schedule.

Clause 4 provides for the Acts listed in Schedule 2 to be amended as set out in that Schedule.

Clause 5 provides for the Acts listed in Schedule 3 to be amended as set out in that Schedule.

Clause 6 provides for the Acts listed in Schedule 4 to be repealed.

571394 BILL LA INTRODUCTION 3/9/20131

Clause 7 provides for the automatic repeal of this Act on 1 December 2014. Once the amendments and repeals made by this Act have taken effect, this Act will be spent.

SCHEDULE 1—AMENDMENT OF ACTS—GENERAL AMENDMENTS

Item 1 Assisted Reproductive Treatment Act 2008

This item repeals Part 16. Part 16 contains provisions amending provisions of other Acts. Part 16 has commenced operation and is spent.

Item 2 Associations Incorporation Reform Act 2012

This item repeals sections 224 and 225. Sections 224 and 225 contain provisions amending or repealing provisions of other Acts. Sections 224 and 225 have commenced operation and are spent.

Item 3 Building Act 1993

This item amends section 221ZZZH(2) by substituting a reference to the Building Commission with a reference to the Victorian Building Authority. This amendment is consequential upon the enactment of the Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, which abolished the Building Commission and established the Victorian Building Authority.

Item 4 Business Names (Commonwealth Powers) Act 2011

This item repeals Part 5. Part 5 contains provisions amending or repealing provisions of other Acts. Part 5 has commenced operation and is spent.

Item 5 Casino (Management Agreement) Act 1993

This item repeals Parts 3 and 4. Parts 3 and 4 contain provisions amending provisions of other Acts. Parts 3 and 4 have commenced operation and are spent.

Item 6 Congestion Levy Act 2005

This item repeals Part 7. Part 7 contains provisions amending provisions of another Act. Part 7 has commenced operation and is spent.

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Item 7 Constitution (Appointments) Act 2009

This item repeals section 7. Section 7 contains provisions amending provisions of another Act. Section 7 has commenced operation and is spent.

Item 8 Co-operatives National Law Application Act 2013

This item amends section 32(1) by correcting an incorrect reference to the Co-operatives (Adoption of National Law) Act 2012 of New South Wales.

Item 9 Corporations (Commonwealth Powers) Act 2001

This item repeals section 10. Section 10 amends a provision of another Act. Section 10 has commenced operation and is spent.

Item 10 County Court Act 1958

This item amends section 28 by substituting a new subsection (1). The substituted subsection contains an amendment intended to be made by section 4(2)(b) of the Justice Legislation Amendment Act 2012 (now repealed). Section 4(2)(b) referred incorrectly to the words to be omitted from section 28(1). The words to be removed were missing the word "the" and some punctuation. This item is made retrospective to 9 May 2012, the day on which section 4(2)(b) came into operation, to remove any doubt that the amendment took effect as intended.

Item 11 Courts (Case Transfer) Act 1991

This item repeals Parts 8 and 9. Parts 8 and 9 contain provisions amending or repealing provisions of other Acts. Parts 8 and 9 have commenced operation and are spent.

Item 12 Crimes at Sea Act 1999

This item repeals section 10. Section 10 contains provisions amending provisions of another Act. Section 10 has commenced operation and is spent.

Item 13 Crimes (Controlled Operations) Act 2004

This item amends section 45(1) to correct a grammatical error.

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Item 14 Dental Hospital Land Act 2011

This item repeals Part 3. Part 3 contains provisions repealing provisions of another Act. Part 3 has commenced operation and is spent.

Item 15 Duties Act 2000

This item amends section 3(1) by removing a duplicate definition of linked entity.

Item 16 Freedom of Information Act 1982

Item 16.1 amends section 63D(4) to correct a punctuation error.

Item 16.2 amends section 63D(6)(c) to correct a grammatical error.

Item 17 Gambling Regulation Act 2003

This item amends section 6A.3.8 by substituting a note that was originally intended to be inserted by section 30(3) of the Gambling Regulation Amendment (Licensing) Act 2008 (now repealed). Section 30(3) referred to section 6.3A.8 rather than section 6A.3.8, the section that was to be amended.

Item 18 Gas and Fuel Corporation (Heatane Gas) Act 1993

This item repeals section 21. Section 21 amends a provision of another Act. Section 21 has commenced operation and is spent.

Item 19 Geographic Place Names Act 1998

This item repeals sections 22, 23 and 24. Sections 22, 23 and 24 contain provisions amending or repealing provisions of other Acts. Sections 22, 23 and 24 have commenced operation and are spent.

Item 20 Greenhouse Gas Geological Sequestration Act 2008

This item repeals Division 3 of Part 18. Division 3 of Part 18 contains provisions amending provisions of other Acts. Division 3 of Part 18 has commenced operation and is spent.

Item 21 Heavy Vehicle National Law Application Act 2013

This item amends section 58 to correct a grammatical error.

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Item 22 Housing Act 1983

This item amends clause 5(1) of Schedule 5 to correct a grammatical error.

Item 23 Independent Broad-based Anti-corruption Commission Act 2011

Item 23.1 amends the definition of detained person in section 3(1) to correct a grammatical error.

Item 23.2 amends section 59(3) to insert a missing word "subsection".

Item 23.3 amends section 66(1)(b) to remove the unnecessary word "a".

Item 24 Integrity and Accountability Legislation Amendment Act 2012

This item amends section 27 to correct an error in that section. Section 27 amended section 4 of the Victorian Inspectorate Act 2011, and should have been worded "In section 4" rather than "After section 4". This amendment is made retrospective to 9 February 2013, the day before section 27 of the Integrity and Accountability Legislation Amendment Act 2012 came into operation, to remove any doubt that the original amendment took effect as intended. Section 4 of the Victorian Inspectorate Act 2011 was renumbered as section 5 by section 301 of the 2012 Act on 11 February 2013.

Item 25 Interpretation of Legislation Act 1984

This item amends section 41(1) to correct a grammatical error.

Item 26 Liquor Control Reform Act 1998

Item 26.1 amends section 6(c)(ii) to insert a missing word "a".

Item 26.2 amends section 35(1A) to correct a punctuation error.

Item 27 Magistrates' Court Act 1989

Items 27.1 and 27.2 amend Schedule 8 by correcting the location of clause 47. A series of amendments to this Schedule resulted in clause 47 being out of numerical order.

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Item 28 Major Crime (Investigative Powers) Act 2004

Item 28.1 amends section 3D(3)(b) to correct a punctuation error.

Item 28.2 amends section 10(3A) to correct a punctuation error.

Item 28.3 amends section 51 to insert a missing word "section". An amendment made to this section by section 311(a) of the Integrity and Accountability Legislation Amendment Act 2012 omitted the word "section" before "11(2)(g) and (h)".

Item 29 Major Sporting Events Act 2009

This item amends section 91(3)(a) to correct punctuation errors.

Item 30 Major Transport Projects Facilitation Act 2009

This item repeals section 264 and Schedule 2. Section 264 and Schedule 2 contain provisions amending provisions of another Act. Section 264 and Schedule 2 have commenced operation and are spent.

Item 31 Marine Safety Act 2010

This item repeals Chapter 10. Chapter 10 contains provisions amending or repealing provisions of other Acts. Chapter 10 has commenced operation and is spent.

Item 32 Medical Research Institutes Repeal Act 2008

This item repeals Part 4. Part 4 contains provisions amending provisions of another Act. Part 4 has commenced operation and is spent.

Item 33 Melbourne Cricket Ground Act 2009

This item repeals section 36. Section 36 contains provisions amending provisions of other Acts. Section 36 has commenced operation and is spent.

Item 34 Mineral Resources (Sustainable Development) Act 1990

This item repeals section 126(1), (2), (3) and (5). Section 126(1), (2), (3) and (5) contain provisions amending or repealing provisions of another Act. Section 126(1), (2), (3) and (5) have commenced operation and are spent.

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Item 35 Mineral Resources (Sustainable Development) Amendment Act 2012

This item substitutes section 6(1) so that it "inserts" rather than "substitutes" the heading to section 110 of the Mineral Resources (Sustainable Development) Act 1990. This is because the "old" heading to section 110 did not form part of the 1990 Act as it pre-dated amendments made to the Interpretation of Legislation Act 1984, which provided that section headings form part of an Act. This amendment is made retrospective to 31 January 2013, the day before the day section 6(1) came into operation, to remove any doubt that the new heading was inserted as intended.

Item 36 Monetary Units Act 2004

This item repeals sections 13, 14, 15 and 16 and Schedules 1 and 2. Sections 13, 14, 15 and 16 and Schedules 1 and 2 contain provisions amending or repealing provisions of other Acts. Sections 13, 14, 15 and 16 and Schedules 1 and 2 have commenced operation and are spent.

Item 37 Motor Car Traders Act 1986

This item amends section 76(4)(a) to correct a punctuation error.

Item 38 Mutual Recognition (Victoria) Act 1998

This item repeals Part 3. Part 3 contains provisions amending provisions of another Act. Part 3 has commenced operation and is spent.

Item 39 Offshore Petroleum and Greenhouse Gas Storage Act 2010

Item 39.1 amends items 9, 10 and 16 in the table in section 16 to correct punctuation errors.

Item 39.2 repeals section 800 and Schedule 6. Section 800 and Schedule 6 contain provisions amending provisions of other Acts. Section 800 and Schedule 6 have commenced operation and are spent.

Item 39.3 amends the definition of reviewing authority in clause 3 of Schedule 3, to remove the word "the".

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Item 40 Parliamentary Committees Act 2003

This item amends the definition of sub-committee in section 3 to correct a punctuation error.

Item 41 Prohibition of Human Cloning for Reproduction Act 2008

This item repeals Division 2 of Part 5. Division 2 of Part 5 contains provisions amending provisions of other Acts. Division 2 of Part 5 has commenced operation and is spent.

Item 42 Property Law Act 1958

Items 42.1 and 42.2 remove redundant headings that follow sections 160 and 163.

Items 42.3, 42.4, 42.5, 42.6 and 42.7 amend the Fifth, Sixth, Seventh, Eighth and Ninth Schedules by correcting references to the dates of documents so that the references relate to the 21st century.

Item 43 Public Prosecutions Act 1994

This item amends section 45F(1) to insert a missing word "as".

Item 44 Rail Safety National Law Application Act 2013

Item 44.1 amends section 114(1) to insert a missing word "to".

Item 44.2 amends section 114(2) to insert a missing word "to".

Item 44.3 amends section 126(3) to remove duplicated words.

Item 44.4 amends section 137(1)(a) to insert a missing word "be".

Item 45 Rain-making Control Act 1967

This item amends section 5(3) to insert a missing word "the".

Item 46 Research Involving Human Embryos Act 2008

This item repeals Division 2 of Part 6. Division 2 of Part 6 contains a provision amending a provision of another Act. Division 2 of Part 6 has commenced operation and is spent.

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Item 47 Resources Legislation Amendment (General) Act 2012

Item 47.1 amends section 16 to correct an incorrect reference to the words of the provision being removed (section 14A of the Mineral Resources (Sustainable Development) Act 1990). The word "a" should have been included in the words to be removed from section 14A. This item is made retrospective to 30 November 2012, the day before the day section 16 came into operation, to remove any doubt that the original amendment took effect as intended.

Item 47.2 amends section 38(2) to correct an incorrect reference to the words of the provision being removed (section 77TD(5) of the Mineral Resources (Sustainable Development) Act 1990). The word "a" should have been included in the words to be removed from section 77TD(5). This item is made retrospective to 30 November 2012, the day before the day section 38 came into operation, to remove any doubt that the original amendment took effect as intended.

Item 48 Royal Botanic Gardens Act 1991

This item repeals Division 1 of Part 5. Division 1 of Part 5 contains a provision amending a provision of another Act. Division 1 of Part 5 has commenced operation and is spent.

Item 49 Sentencing Act 1991

This item amends section 10A(1)(d) to insert a missing word "an".

Item 50 Serious Sex Offenders (Detention and Supervision) Act 2009

This item repeals Divisions 2 and 3 of Part 15 and Schedule 3. Divisions 2 and 3 of Part 15 and Schedule 3 contain provisions amending or repealing provisions of other Acts. Divisions 2 and 3 of Part 15 and Schedule 3 have commenced operation and are spent.

Item 51 Sheriff Act 2009

This item repeals Divisions 1, 2, 3 and 4 of Part 6. Divisions 1, 2, 3 and 4 of Part 6 contain provisions amending or repealing provisions of other Acts. Divisions 1, 2, 3 and 4 of Part 6 have commenced operation and are spent.

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Item 52 State Bank (Succession of Commonwealth Bank) Act 1990

This item repeals section 40. Section 40 contains provisions amending or repealing provisions of other Acts. Section 40 has commenced operation and is spent.

Item 53 State Employees Retirement Benefits Act 1979

This item repeals section 37(2) because it defines a term that is no longer used and is therefore redundant.

Item 54 Summary Offences Act 1966

This item repeals a heading that is redundant.

Item 55 Tourist and Heritage Railways Act 2010

This item repeals section 32. Section 32 contains provisions amending or repealing provisions of other Acts. Section 32 has commenced operation and is spent.

Item 56 Transfer of Land Act 1958

This item corrects the location of the definition of service company in section 4(1) by repealing the definition and inserting it in its correct alphabetical position.

Item 57 Victorian Commission for Gambling and Liquor Regulation Act 2011

Item 57.1 repeals Parts 7, 8 and 9. Parts 7, 8 and 9 contain provisions amending or repealing provisions of other Acts. Parts 7, 8 and 9 have commenced operation and are spent.

Item 57.2 amends item 4.99 of the Schedule to correct an error in the amending words of that item. The item purported to "insert" a new Division heading in Part 2 of the Liquor Control Reform Act 1998 when it should have "substituted" the new heading. This item is made retrospective to 5 February 2012, the day before the day item 4.99 came into operation, to remove any doubt that the original substitution took effect as intended.

Item 58 Victorian Funds Management Corporation Act 1994

This item repeals Part 6. Part 6 contains provisions amending or repealing provisions of other Acts. Part 6 has commenced operation and is spent.

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Item 59 Victorian Inspectorate Act 2011

This item amends clause 7(4) of the Schedule to correct a reference to a section of the Independent Broad-based Anti-corruption Commission Act 2011. A reference to section 82S of that 2011 Act is corrected to be a reference to section 134 of that Act. Section 82S of the Independent Broad-based Anti-corruption Commission Act 2011 was renumbered as section 134 by section 298 of the Integrity and Accountability Legislation Amendment Act 2012, but that 2012 Act omitted to amend the reference to section 82S in clause 7(4) of the Schedule to the Victorian Inspectorate Act 2011. This item is made retrospective to 11 February 2013, the day on which the renumbering of section 82S to section 134 took effect, to ensure that clause 7(4) refers to section 134 of the Independent Broad-based Anti-corruption Commission Act 2011 from the day of the renumbering of that section.

Item 60 Victorian Institute of Forensic Medicine Act 1985

This item amends section 66(1)(m) to insert a missing word "of".

SCHEDULE 2—AMENDMENT OF ACTS—ADMINISTRATIVE ARRANGEMENTS

This Schedule contains amendments to a number of Acts, which correct references in those Acts to names of Departments that were affected primarily by Orders made under the Administrative Arrangements Act 1983 in 2013. The amendments relate to the following changes in Department names—

the Department of Primary Industries (predominantly) and the Department of Sustainability and Environment (predominantly) references changed to—the Department of Environment and Primary Industries;

the Department of Transport and the Department of Planning and Community Development (predominantly) and the Department of Sustainability and Environment (in part) references changed to—the Department of Transport, Planning and Local Infrastructure;

the Department of Business and Innovation, the Department of Primary Industries (in part) and the Department of Planning and Community Development (in part) references changed to—the Department of State Development, Business and Innovation.

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These amendments arise from the following 2013 Orders—

the Administrative Arrangements Order (No. 216) 2013 (Government Gazette S 228; 25 June 2013, p. 13), which reconstrues references to Department names;

the Administrative Arrangements Order (No. 217) 2013 (Government Gazette S 228; 25 June 2013, p. 22), which reconstrues references to Department names.

This Schedule also contains amendments to a number of Acts, which correct outdated references in those Acts to names of Departments that were affected by Orders made under the Administrative Arrangements Act 1983 before 2013 as well as the 2013 Orders. These amendments relate to the following changes in Department names—

the Department of Natural Resources and Environment to—the Department of Environment and Primary Industries;

the Department of Natural Resources and Environment to—the Department of Transport, Planning and Local Infrastructure;

the Department of Infrastructure to—the Department of Transport, Planning and Local Infrastructure;

the Department of Innovation, Industry and Regional Development to—the Department of State Development, Business and Innovation.

These amendments arise from the following Orders in addition to the 2013 Orders—

the Administrative Arrangements Order (No. 183) 2002 (Government Gazette S 252; 30 December 2002, p. 1), which reconstrues references to Department names;

the Administrative Arrangements Order (No. 196) 2007 (Government Gazette S 189; 14 August 2007, p. 2), which reconstrues references to Department names;

the Administrative Arrangements Order (No. 199) 2008 (Government Gazette S 114; 30 April 2008, p. 1), which reconstrues references to Department names;

the Administrative Arrangements Order (No. 209) 2011 (Government Gazette S 55; 22 February 2011, p. 1), which reconstrues references to Department names;

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the Administrative Arrangements Order (No. 210) 2011 (Government Gazette S 194; 21 June 2011, p. 1), which reconstrues references to Department names.

The amendment made to the Planning and Environment Act 1987 in item 36.4(a), which relates to the definition of the Central Plan Office, is made because the Central Plan Office is now part of the Department of Transport, Planning and Local Infrastructure and the Survey Co-ordination Act 1958, under which the Central Plan Office is established, is administered by the Minister for Planning whose portfolio is attached to the Department of Transport, Planning and Local Infrastructure.

SCHEDULE 3—AMENDMENT OF ACTS—TRANSITIONAL AND OTHER PROVISIONS

Schedule 3 amends the Crimes Act 1958 and the Credit (Administration) Act 1984 to re-enact transitional, savings and substantive provisions from various amending Acts into those Acts allowing those amending Acts to be repealed in Schedule 4 of this Bill.

Item 1 Crimes Act 1958

This item inserts new sections 585AA, 585AB, 585AC, 585AD, 585AE and 585AF into the Crimes Act 1958.

New section 585AA continues in effect section 3(1) of the Crimes (Theft) Act 1973 and re-enacts sections 3(2) and 4 of that Act. Section 3(1) abolishes certain common law offences. Sections 3(2) and 4 contain ongoing transitional provisions and are more appropriately placed in the Crimes Act 1958 than in the Crimes (Theft) Act 1973, which is an amending Act. The continuation and re-enactment allows the Crimes (Theft) Act 1973 to be repealed by this Bill.

New section 585AB re-enacts section 1(4) and (5) of the Crimes (Criminal Damage) Act 1978 and continues in effect section 3 of that Act. Section 1(4) and (5) contain ongoing transitional provisions and are more appropriately placed in the Crimes Act 1958 than in the Crimes (Criminal Damage) Act 1978, which is an amending Act. Section 3 abolishes the common law offence of arson. The re-enactment and continuation allows the Crimes (Criminal Damage) Act 1978 to be repealed by this Bill.

New section 585AC re-enacts section 3(2) and (3) of the Crimes (Classification of Offences) Act 1981 and continues in effect section 9 of that Act. Section 3(2) and (3) contain ongoing

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transitional provisions and are more appropriately placed in the Crimes Act 1958 than in the Crimes (Classification of Offences) Act 1981, which is an amending Act. Section 9 abolishes any power to bring proceedings for an indictable offence by criminal information in the Supreme Court or County Court. The re-enactment and continuation allows the Crimes (Classification of Offences) Act 1981 to be repealed by this Bill.

New section 585AD re-enacts sections 4, 5 and 6 of the Crimes (Conspiracy and Incitement) Act 1984. Sections 4, 5 and 6 contain ongoing transitional provisions and are more appropriately placed in the Crimes Act 1958 than in the Crimes (Conspiracy and Incitement) Act 1984, which is an amending Act. The re-enactment allows the Crimes (Conspiracy and Incitement) Act 1984 to be repealed by this Bill.

New section 585AE re-enacts section 6(2) of the Crimes (Custody and Investigation) Act 1988. Section 6(2) contains an ongoing transitional provision and is more appropriately placed in the Crimes Act 1958 than in the Crimes (Custody and Investigation) Act 1988, which is an amending Act. The re-enactment allows the Crimes (Custody and Investigation) Act 1988 to be repealed by this Bill.

New section 585AF re-enacts section 9 of the Crimes (Fingerprinting) Act 1988. Section 9 contains an ongoing transitional provision and is more appropriately placed in the Crimes Act 1958 than in the Crimes (Fingerprinting) Act 1988, which is an amending Act. The re-enactment allows the Crimes (Fingerprinting) Act 1988 to be repealed by this Bill.

Item 2 Credit (Administration) Act 1984

This item inserts new section 96 into the Credit (Administration) Act 1984 to continue the operation of section 17 of the Credit (Administration) (Amendment) Act 1993. This provision is an ongoing substantive provision and is more appropriately placed in the Credit (Administration) Act 1984 than in the Credit (Administration) (Amendment) Act 1993, which is an amending Act. This re-enactment allows the Credit (Administration) (Amendment) Act 1993 to be repealed by this Bill.

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SCHEDULE 4—REPEAL OF ACTS

The Acts set out in Schedule 4 are spent or redundant in their operation.

The Acts to be repealed fall into 4 categories—

1 Spent Principal Acts

The Bill repeals the following Principal Acts. These Acts are no longer required because their operative provisions have taken effect and are spent or they are redundant. Section 14 of the Interpretation of Legislation Act 1984 provides that the repeal of these Acts will not affect the previous operation of, or anything done under, those Acts—

1.1 The Limbless Soldiers Trust Act 1942 (No. 4885)

This Act was enacted to vary the objects of 2 trusts (the Trusts) relating to funds for the benefit of limbless returned soldiers in Victoria. The two funds held in trust were known as the "Melba Trust Fund" and the "Victorian Limbless Soldiers' Provident Fund" (the Funds). Section 2, which has taken effect, varied the object of the Trusts so that the Funds would also benefit soldiers, sailors and airmen who had lost a limb in the 2nd World War and any war subsequent to that War as well as in the Great War of 1914–1918. On 30 September 1968 the Victorian Limbless Soldiers' Provident Fund was closed under the Victorian Limbless Soldiers' Provident Fund (Closing) Act 1968 (now repealed). The Melba Trust Fund was cancelled at the request of the trustees of that Fund on 19 March 2009. There was no money in that Fund when cancelled other than a small amount to cover bank charges. The trustees of the Melba Trust Fund were originally members of the Limbless Soldiers' Association of Victoria, which has now been voluntarily wound up. As the Funds no longer exist, the 1942 Act is redundant and can be repealed.

1.2 R.S.L. Widows and Widowed Mothers' Trust Patriotic Fund Act 1964 (No. 7115)

This Act was enacted to ratify and approve a trust deed, relating to assets held on trust and to clarify that the trust was to also benefit widows and widowed mothers of servicemen of wars prior and subsequent to the Great War of 1914–1918. The trust fund was known as the "The R.S.L. Widows and Widowed Mothers' Trust Patriotic Fund" (the Fund). The ratification and approval of the trust deed came into effect under section 2. The Fund was

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cancelled on 13 September 2001 after it merged with the RSL War Veterans Homes Trust of Victoria Patriotic Fund to form the RSL Veterans and Widows Trust Limited Patriotic Fund (the new Fund), which was established for similar purposes to the 2 merged Funds. The assets of the Fund were transferred to the new Fund on 1 April 2000. As the Fund no longer exists the 1964 Act is redundant and can be repealed.

1.3 Chinatown Historic Precinct Act 1984 (No. 10165)

This Act was enacted to provide for the operation, management development and promotion of an area of the City of Melbourne described under that Act as the Chinatown Historic Precinct. The 1984 Act established the Chinatown Historic Precinct Committee (the Committee) which had certain powers and functions under the 1984 Act along with the City of Melbourne (the Council). In 1995 the Scrutiny of Acts and Regulations Committee recommended that the 1984 Act be repealed. The Committee has not met for approximately 21 years and all members' terms of office have expired. The various powers and functions of the Committee and the Council under the 1984 Act are no longer required and there are no outstanding borrowings made by the Council under section 18. Section 20 provides for the Chinatown Historic Precinct Fund (the Fund). There is no money in the Fund and there are no outstanding loans made from the Fund under section 21. There have been no donations, gifts, devises or bequests accepted by the Council under section 22. Section 23 provides that no compensation is payable in respect of any matter or thing done under the 1984 Act. The effect of this section will be preserved by section 14 of the Interpretation of Legislation Act 1984. Section 25, which amends the Melbourne (Widening of Streets) Act 1940 (now repealed), has taken effect and is spent. The 1984 Act can be repealed.

1.4 Road Construction Authority (Lands) Act 1986 (No. 51/1986)

This purpose of this Act was to authorise the acquisition of certain recreational lands for the purposes of constructing a road linking the South Eastern and Mulgrave freeways. Section 3(1) provided the Road Construction Authority with the power to purchase certain land by agreement or by compulsory acquisition. Section 3(2) required it to pay compensation for the purchased land in accordance with Part III of the Transport Act 1983 (now renamed the

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Transport (Compliance and Miscellaneous) Act 1983). Section 3(1) is no longer required because all land necessary for the construction of the relevant road has been purchased. Section 3(2) is no longer required as all compensation in respect of land acquired has been paid. The 1986 Act can be repealed.

1.5 Appropriation (2009/2010) Act 2009 (No. 31/2009)

New appropriation Acts are enacted each year. This appropriation Act is spent in its operation and can be repealed.

1.6 Appropriation (Parliament 2009/2010) Act 2009 (No. 32/2009)

New appropriation Acts are enacted each year. This appropriation Act is spent in its operation and can be repealed.

2 Spent Amending Acts with transitional, savings or substantive provisions

The Bill repeals the following amending Acts that contain transitional, savings or substantive provisions. The amendments or repeals made by the Acts are wholly in operation and have amended or repealed the provisions of Acts they were enacted to amend or repeal. The transitional and savings provisions are no longer required either because of the passage of time and subsequent enactments since the Acts were enacted or because they have been re-enacted in the relevant Principal Act by this Bill. The substantive provisions are no longer required because they have taken effect and are spent or are redundant or have been re-enacted in the relevant Principal Act. Any residual effect of the transitional and savings provisions that have not been re-enacted in this Bill will be preserved by section 14 of the Interpretation of Legislation Act 1984—

2.1 Crimes (Theft) Act 1973 (No. 8425)

This is an amending Act that, in section 3(1), abolished the common law offences of larceny, robbery, burglary, receiving stolen property, obtaining property by threats, extortion by colour of office or franchise, false accounting by public officers, concealment of treasure trove and, except in regard to offences relating to public revenue, cheating, for all purposes not related to offences committed before the commencement of the 1973 Act. Sections 3(2) and 4 contain ongoing transitional provisions. Section 3(1)

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has been continued in its effect and sections 3(2) and 4 have been re-enacted in section 585AA of the Crimes Act 1958 by Schedule 3 to this Bill (item 1). The remaining provisions of the 1973 Act are amending or repealing provisions that have taken effect and are spent. The 1973 Act can be repealed.

2.2 Crimes (Criminal Damage) Act 1978 (No. 9228)

This Act is an amending Act that contains ongoing transitional provisions in section 1(4) and (5). Section 3 abolishes the offence at common law of arson for all purposes not related to offences committed before the commencement of the 1978 Act. Section 3 has been continued in effect and section 1(4) and (5) have been re-enacted in section 585AB of the Crimes Act 1958 by Schedule 3 to this Bill (item 1). The remaining provisions of the 1978 Act are amending or repealing provisions that have taken effect and are spent. The 1978 Act can be repealed.

2.3 Post-Secondary Education (Amendment) Act 1980 (No. 9424)

This Act amended the Post-Secondary Education Act 1978 (the PSEA) (now repealed) and repealed the Victoria Institute of Colleges Act 1965 and the State College of Victoria Act 1972 and various other Acts. The amending and repealing provisions have taken effect and are spent. Section 4(2) vested real and personal property, liabilities and obligations of the Victoria Institute of Colleges (the Institute) and the State College of Victoria (the State College) in the Victorian Post-Secondary Education Commission and is spent. Section 4(3) provided that members of staff of the Institute or the State College or their associated colleges were eligible to be re-employed with certain entitlements in the public service or teaching service. Any residual rights remaining under this provision will be preserved by section 14 of the Interpretation of Legislation Act 1984 (the ILA).

Section 5 is a transitional provision relating to the eligibility of persons to be awarded a degree or diploma by a post-secondary institution rather than the Institute or State College. Any residual effect of this provision will be preserved by section 14 of the ILA.

Section 6(1) required the Council of the Institute to call in any investment money and, together with any money in the Student's Loan Fund, distribute the money to affiliated

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colleges of the Institute. Section 6(2) required all loans made by governing bodies of affiliated colleges of the Institute to be repaid to those bodies. Any residual rights or obligations under these provisions will be preserved by section 14 of the ILA.

Section 8(2) and (3) are transitional provisions. Section 8(2) applies certain provisions of the Road Traffic Act 1958 (the RTA) (now repealed), that were in force before those provisions were substituted by section 8(1)(c), to any information laid before the commencement of section 8. Section 8(3) applies the provision of the RTA inserted by section 8(1)(c) to any information laid by a council incorporated under the PSEA or of an institution referred to in Schedule 2 to the PSEA. The informations referred to in these transitional provisions relate to offences under regulations made under the RTA, which was repealed in 1983. These provisions are redundant.

Section 9(2) is a savings provision that relates to certificates for the purposes of section 91B of the Motor Car Act 1958 (now repealed). These certificates relate to the testing and sealing of devices used for calculating weight carried by a motor car and speed of a motor car. This provision is preserved by section 14 of the ILA. The 1980 Act can be repealed.

2.4 Crimes (Classification of Offences) Act 1981 (No. 9576)

This Act is an amending Act that contains ongoing transitional provisions in section 3(2) and (3). In addition section 9 abolishes the power to bring proceedings for an indictable offence by criminal information in the Supreme Court or in the County Court. Section 3(2) and (3) have been re-enacted and section 9 has been continued in effect in section 585AC of the Crimes Act 1958 by Schedule 3 to this Bill (item 1). Section 11(2) is a savings provision relating to persons whose office or authority to engage in certain activities can no longer be held or engaged in due to the 1981 Act. This provision provides that the office or authority will continue until the period of office or authority expires. Any residual operation of this provision will be preserved by section 14 of the Interpretation of Legislation Act 1984. The remaining provisions of the 1981 Act are amending or repealing provisions that have taken effect and are spent. The 1981 Act can be repealed.

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2.5 Crimes (Conspiracy and Incitement) Act 1984 (No. 10079)

This Act is an amending Act that contains ongoing transitional provisions in sections 4, 5 and 6. Those sections have been re-enacted as section 585AD of the Crimes Act 1958 by Schedule 3 to this Bill (item 1). The remaining provisions of the 1984 Act are amending or repealing provisions that have taken effect and are spent. The 1984 Act can be repealed.

2.6 Crimes (Custody and Investigation) Act 1988 (No. 37/1988)

This is an amending Act. Section 6(1) contains a substantive provision that gives the Governor in Council power to proclaim "proclaimed regions" for the purposes of the 1988 Act. This provision is no longer required as the whole of Victoria was proclaimed as a proclaimed region on 15 March 1989, the day that the 1988 Act commenced. Section 6(3) is a transitional provision that relates to areas in Victoria that are not proclaimed regions. This provision is redundant as the whole of Victoria is a proclaimed region. Section 6(2) is a transitional provision that has been re-enacted as section 585AE of the Crimes Act 1958 by Schedule 3 to this Bill (item 1). The remaining provisions of the 1988 Act are amending or repealing provisions that have taken effect and are spent. The 1988 Act can be repealed.

2.7 Crimes (Fingerprinting) Act 1988 (No. 38/1988)

This is an amending Act containing a transitional provision in section 9. Section 9 has been re-enacted as section 585AF of the Crimes Act 1958 by Schedule 3 to this Bill (item 1). Sections 6, 7(1)(b) and 10 have been repealed by the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 (now repealed). The remaining provisions of the 1988 Act are amending provisions that have taken effect and are spent. The 1988 Act can be repealed.

2.8 Credit (Administration) (Amendment) Act 1993 (No. 72/1993)

This Act amended the Credit (Administration) Act 1984 to replace the licensing system for credit providers with a registration system. The 1993 Act also amended the Credit Act 1984 and the Credit (Amendment) Act 1989 (now repealed). The amending provisions have all taken effect

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and are spent. Section 17 provides for the removal of civil liability of credit societies in certain circumstances. Section 17 was inserted because for a period of time before commencement of section 17 some credit societies were unlicensed and it was seen as a harsh consequence that a debtor could be relieved of its obligation to repay a loan just because the relevant credit society was unlicensed. Section 17 has been continued in its operation in section 96 of the Credit (Administration) Act 1984 by Schedule 3 to this Bill (item 2). Section 19(2) required the Registrar to make entries in the Register of Credit Providers and is no longer required. The remainder of section 19 and section 20, which contained transitional provisions that relate to specific time periods that have passed, are spent. The 1993 Act can be repealed.

2.9 Victorian Plantations Corporation (Amendment) Act 1994 (No. 92/1994)

This Act made amendments to the Victorian Plantations Corporation Act 1993 to vest in and divest from the Corporation various lands. The amendments have taken effect and are spent. Section 12(1) was repealed by the Transfer of Land (Single Register) Act 1998 (now repealed). Section 12(2), which requires the Registrar of Titles to make any necessary amendments to the Register because of the operation of the 1994 Act, is no longer required. Section 13 provides that the Crown does not have to pay compensation for anything done under or arising from the 1994 Act. The effect of this provision will be preserved by section 14 of the Interpretation of Legislation Act 1984. Section 14 of the 1994 Act, which alters or varies section 85 of the Constitution Act 1975 because of section 13, is no longer required. The 1994 Act can be repealed.

3 Spent Amending Acts with unproclaimed provisions

The Bill repeals the following Acts—

3.1 Footscray Land (Amendment) Act 1990 (No. 38/1990)

This Act was enacted to provide for a proposed development of land near the Maribyrnong River in Footscray. Section 13 was repealed by the Water Acts (Amendment) Act 1999 (now repealed). The 1990 Act would have amended the Footscray Land Act 1988 to change the status of certain Crown land reserved under that Act from a temporary to a permanent reservation for public

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recreation and tourism and to add to that reservation and to enable the Minister to grant long-term leases over the reservation. The development did not proceed and the 1990 Act is no longer required. The 1990 Act can be repealed.

3.2 Epworth Hospital (Amendment) Act 1997 (No. 97/1997)

The purpose of this Act was to amend the Epworth Hospital Act 1980 (renamed by the 1997 Act to the Epworth Foundation Act 1980) to provide for a charitable body called the Epworth Foundation and to change the corporate structure of Epworth Hospital by transferring it to Epworth Hospital Ltd. The amendments in Part 2 have taken effect and are spent. Part 3, which would have amended the Epworth Foundation Act 1980 to provide for the change in the corporate structure of the Epworth Hospital, has not been proclaimed. The Epworth Foundation has confirmed that the changes to the corporate structure in Part 3 are no longer to be implemented. The 1997 Act can be repealed.

3.3 Parliamentary Salaries and Superannuation Amendment Act 2007 (No. 41/2007)

The purpose of this Act was to amend the Parliamentary Salaries and Superannuation Act 1968 to limit any increase in the salary of members of Parliament in the financial year to 3.25%. Section 3, which amended section 3 of the 1968 Act to alter the definition of basic salary, has taken effect and is spent. Section 4 which would have amended the definition of basic salary to revert to its meaning before it was amended by section 3 has not been proclaimed. The definition of basic salary was substituted by section 3(1) of the Parliamentary and Public Administration Legislation Amendment Act 2013 on 1 July 2013. Section 4 is no longer required. The 2007 Act can be repealed.

4 Spent Amending Acts—wholly in operation

The Bill repeals the following amending Acts which are now wholly in operation and have amended the Acts they were enacted to amend and are spent. These Acts contain no transitional, savings, validation or substantive provisions—

4.1 National Parks (Additions and Other Amendments) Act 2004 (No. 64/2004).

4.2 Domestic Animals Amendment (Restricted Breeds) Act 2011 (No. 39/2011).

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