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Justice Legislation Amendment (Court Security,
Juries and Other Matters) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Juries amendments 3
3 Definitions 3
4 Empanelment of additional jurors 3
5 Jury pools 3
6 New section 30A inserted 4
7 Calling of panel 4
8 Procedure for selecting jury in civil trials 4
9 Peremptory challenges in civil trials 5
10 Procedure for selecting jury in criminal trials 5
11 Crown right to stand aside jurors in criminal trials 6
12 Peremptory challenges in criminal trials 6
13 Offences by officials 7
14 Schedule 6 amended 7
Part 3--Appeals amendments 8
Division 1--Appeal costs 8
15 Certificate entitles respondent to payment of costs 8
16 Appellant may request direct payment in certain circumstances 8
17 Application by successful appellant for grant of indemnity
certificate in certain circumstances 8
18 Appellant ordered to pay costs of new trial entitled to be
indemnified 8
19 Respondent may request direct payment in certain
circumstances 8
20 Application for indemnity certificate if civil proceeding
discontinued 9
21 Certificate entitles plaintiff to payment of costs 9
22 Defendant may request direct payment in certain circumstances 9
23 Application for indemnity certificate if criminal proceeding
discontinued 9
i
Clause Page
24 Membership 10
25 Meetings 10
26 New section 31A inserted 10
27 Expiry of indemnity certificates 11
28 Section 37 amended 12
29 Supreme Court--Limitation of jurisdiction 12
30 New section 47 inserted 12
Division 2--Civil appeals from VCAT 13
31 Appeals from the Tribunal 13
32 New section 170 inserted 14
Division 3--Civil appeals from County Court 14
33 Appeal to the Court of Appeal 14
Part 4--Land acquisition and compensation amendments 15
34 Jurisdiction 15
35 Heading to section 84 inserted 15
36 New section 84A inserted 15
37 Court to nominate valuer 17
38 Valuer to make declaration 17
39 New section 109A inserted 18
40 New section 111 inserted 18
Part 5--Postal delivery amendments 19
41 When is service effective? 19
42 Schedule 2 amended 19
43 Registration of interstate orders 19
Part 6--Court security amendments 20
44 Definitions 20
45 Section 2A substituted 20
46 Identity card 22
47 Section 2C substituted 22
48 Matters to be included in agreement 23
49 Powers of authorized officer 23
50 New section 8 inserted 26
51 Function of the Court Services Victoria 26
52 Functions and powers 27
Part 7--Legal profession amendments 28
53 Delegation 28
54 New section 87A inserted 28
55 Approval of clerks 29
56 New sections 88A and 88B inserted 31
57 Application of the Uniform Law to approved clerks 33
58 New section 89A inserted 39
ii
Clause Page
59 Rules for approved clerks 39
60 New Division 10 of Part 12 inserted 40
Part 8--Minor technical amendments of natural resources
legislation 41
61 Fisheries Act 1995--Traditional owner agreement for natural
resources 41
62 Forests Act 1958--Traditional owner agreement for natural
resources 41
63 Wildlife Act 1975--Traditional owner agreement for natural
resources 42
Part 9--Other amendments 43
Division 1--Children, Youth and Families Act 2005 43
64 Rules of court 43
Division 2--Courts (Case Transfer) Act 1991 43
65 Definition of designated judicial officer 43
66 Other transfers 44
Division 3--Judicial College of Victoria Act 2001 44
67 Board of directors 44
Division 4--Judicial Entitlements Act 2015 44
68 Accrued sabbatical and long service leave (Chief Magistrate) 44
69 Accrued annual leave and long service leave--magistrates 44
Division 5--Magistrates' Court Act 1989 45
70 Rules of Court 45
71 Warrants 45
Division 6--Victorian Civil and Administrative Tribunal Act 1998 45
72 Presumption of order for reimbursement of fees to successful
party in certain proceedings 45
73 New section 171 inserted 45
Part 10--Statute law revision and repeals 46
Division 1--Statute law revision 46
74 Appeal Costs Act 1998 46
75 Australian Consumer Law and Fair Trading Act 2012 46
76 Confiscation Act 1997 46
77 Co-operatives National Law Application Act 2013 46
78 Corrections Act 1986 46
79 County Court Act 1958 47
80 Court Security Act 1980 47
iii
Clause Page
81 Crimes Act 1958 47
82 Criminal Organisations Control Act 2012 47
83 Criminal Procedure Act 2009 47
84 Estate Agents Act 1980 48
85 Evidence Act 2008 48
86 Gambling Regulation Act 2003 48
87 Imperial Acts Application Act 1980 48
88 Interpretation of Legislation Act 1984 48
89 Liquor Control Reform Act 1998 49
90 Private Security Act 2004 49
91 Residential Tenancies Act 1997 49
92 Retirement Villages Act 1986 49
93 Sentencing Act 1991 49
94 Supreme Court Act 1986 50
95 Vexatious Proceedings Act 2014 50
96 Victoria Racing Club Act 2006 50
97 Working with Children Act 2005 50
98 Wrongs Act 1958 50
Division 2--Repeal of amending Act 50
99 Repeal of amending Act 50
═══════════════
Endnotes 51
1 General information 51
iv
Justice Legislation Amendment (Court
Security, Juries and Other Matters)
Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to make a range of miscellaneous
amendments to various Acts in the Justice
and Regulation portfolio; and
(b) to make miscellaneous minor amendments
to other Acts.
1
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 1--Preliminary
2 Commencement
(1) This Act (except Parts 2, 3, 4, 5 and 6 and
Divisions 1, 2 and 5 of Part 9) comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Subject to subsections (3) and (4), Parts 2, 3, 4,
5 and 6 and Divisions 1, 2 and 5 of Part 9 come
into operation on a day or days to be proclaimed.
(3) If a provision of Part 6 does not come into
operation before 1 November 2017, it comes into
operation on that day.
(4) If a provision of Part 2, 3, 4 or 5 or Division 1, 2
or 5 of Part 9 does not come into operation before
1 May 2018, it comes into operation on that day.
2
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 2--Juries amendments
Part 2--Juries amendments
3 Definitions
In section 3(1) of the Juries Act 2000 insert the
following definition--
"identifying number, of a member of a panel,
means the number contained in the document
prepared under section 29(3) in respect of the
member;".
4 Empanelment of additional jurors
At the end of section 23 of the Juries Act 2000
insert--
"(2) In making an order under subsection (1),
the court may consider--
(a) the length of the trial; and
(b) the nature of the trial; and
(c) any other factor that may result in a
juror being discharged during the
trial.".
5 Jury pools
(1) For section 29(3) of the Juries Act 2000
substitute--
"(3) For each person called to a pool, the Juries
Commissioner must cause to be prepared a
document bearing--
(a) a number that identifies the person; and
(b) the occupation of the person; and
(c) the name of the person.".
(2) Section 29(3A) of the Juries Act 2000 is
repealed.
(3) In section 29(5) of the Juries Act 2000 omit
"whose names are".
3
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 2--Juries amendments
6 New section 30A inserted
After section 30 of the Juries Act 2000 insert--
"30A Panel members to be identified by number
(1) Subject to subsection (2), a panel member
must be identified in court by the member's
identifying number.
(2) If the court considers that it is in the interests
of justice to identify members of the panel
by name, the court may, either before or after
the panel, or the first part of a split panel, is
present in the court, direct that members of
the panel be identified by name.".
7 Calling of panel
(1) In section 31(1) of the Juries Act 2000--
(a) for paragraph (a) substitute--
"(a) call out their identifying numbers or,
if the court makes a direction under
section 30A(2), their names, one after
another; and";
(b) in paragraph (b), for "names or numbers"
substitute "identifying numbers or names".
(2) In section 31(2) of the Juries Act 2000, for
"dates of birth" substitute "identifying numbers".
(3) Section 31(3) of the Juries Act 2000 is repealed.
8 Procedure for selecting jury in civil trials
(1) In section 33(1) of the Juries Act 2000, for
"After the procedures set out in sections 31 and 32
have" substitute "After the procedure set out in
section 32 has".
4
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 2--Juries amendments
(2) For section 33(1)(a) of the Juries Act 2000
substitute--
"(a) select persons from the panel and call out--
(i) the identifying number and occupation
of those persons; or
(ii) if a direction has been made under
section 30A(2), the name and
occupation of those persons and, if
there are 2 or more persons with the
same name and occupation, their
identifying number--
until a sufficient number, after allowing
for all challenges for cause that have been
upheld, is selected; and".
(3) In section 33(1)(c) of the Juries Act 2000, for
"name or number" substitute "identifying number
or name".
(4) In section 33(2) of the Juries Act 2000, for
"names or numbers" substitute "identifying
numbers or names".
9 Peremptory challenges in civil trials
(1) In section 35(1) of the Juries Act 2000, for
"3" substitute "2".
(2) In section 35(2) of the Juries Act 2000, for
"name or number" substitute "identifying number
or name".
10 Procedure for selecting jury in criminal trials
For section 36(1) of the Juries Act 2000
substitute--
"(1) After the procedure set out in section 32 has
been completed in a criminal trial, the proper
officer must select persons from the panel
and call out--
5
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 2--Juries amendments
(a) the identifying number and occupation
of those persons; or
(b) if a direction has been made under
section 30A(2), the name and
occupation of those persons and, if
there are 2 or more persons with the
same name and occupation, their
identifying number--
until the required number, after allowing
for all challenges for cause that have been
upheld and each arraigned person's right of
challenge under section 39, is selected.".
11 Crown right to stand aside jurors in criminal trials
(1) In section 38(1)(a) of the Juries Act 2000, for
"6" substitute "3".
(2) For section 38(1)(b) of the Juries Act 2000
substitute--
"(b) 2 potential jurors for each person arraigned
in the trial, if 2 or more persons are
arraigned.".
(3) Section 38(1)(c) of the Juries Act 2000 is
repealed.
12 Peremptory challenges in criminal trials
(1) In section 39(1)(a) of the Juries Act 2000, for
"6" substitute "3".
(2) For section 39(1)(b) of the Juries Act 2000
substitute--
"(b) 2 potential jurors, if 2 or more persons
are arraigned in the trial.".
(3) Section 39(1)(c) of the Juries Act 2000 is
repealed.
6
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 2--Juries amendments
(4) For section 39(3) of the Juries Act 2000
substitute--
"(3) The court must allow a peremptory challenge
to be made in the following ways--
(a) by the person arraigned;
(b) by a legal practitioner who represents
the person arraigned;
(c) by a clerk of a legal practitioner who
represents the person arraigned.".
13 Offences by officials
In section 66(1)(e) of the Juries Act 2000 omit
"the name of".
14 Schedule 6 amended
At the end of Schedule 6 to the Juries Act 2000
insert--
"18 Transitional provision--Justice
Legislation Amendment (Court Security,
Juries and Other Matters) Act 2017
This Act as amended by Part 2 of the Justice
Legislation Amendment (Court Security,
Juries and Other Matters) Act 2017
applies to a trial in which a jury is
empanelled after the commencement of
that Part, irrespective of when the offence
to which the trial relates is alleged to have
been committed or when the cause of action
arose.".
7
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 3--Appeals amendments
Part 3--Appeals amendments
Division 1--Appeal costs
15 Certificate entitles respondent to payment of costs
In section 5(1)(b) of the Appeal Costs Act 1998,
for "party and party" substitute "standard".
16 Appellant may request direct payment in certain
circumstances
In section 6(1) of the Appeal Costs Act 1998--
(a) omit "the respondent has not actually paid
those costs or that part and";
(b) for paragraphs (a) and (b) substitute--
"(a) the appellant has taken reasonable steps
to obtain payment from the respondent;
and
(b) despite the appellant taking reasonable
steps in accordance with paragraph (a),
the respondent has not paid those costs
or that part.".
17 Application by successful appellant for grant of
indemnity certificate in certain circumstances
In section 7(2)(a) of the Appeal Costs Act 1998,
for "party and party" substitute "standard".
18 Appellant ordered to pay costs of new trial entitled
to be indemnified
In section 8(2)(b) of the Appeal Costs Act 1998,
for "party and party" substitute "standard".
19 Respondent may request direct payment in certain
circumstances
In section 9(1) of the Appeal Costs Act 1998--
(a) omit "the appellant has not actually paid
those costs or that part and";
8
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 3--Appeals amendments
(b) for paragraphs (a) and (b) substitute--
"(a) the respondent has taken reasonable
steps to obtain payment from the
appellant; and
(b) despite the respondent taking
reasonable steps in accordance with
paragraph (a), the appellant has not
paid those costs or that part.".
20 Application for indemnity certificate if civil
proceeding discontinued
In section 10(3) of the Appeal Costs Act 1998,
after "own costs" insert "thrown away".
21 Certificate entitles plaintiff to payment of costs
In section 12(1)(b) of the Appeal Costs Act 1998,
for "party and party" substitute "standard".
22 Defendant may request direct payment in certain
circumstances
In section 13(1) of the Appeal Costs Act 1998--
(a) omit "the plaintiff has not actually paid those
costs or that part and";
(b) for paragraphs (a) and (b) substitute--
"(a) the defendant has taken reasonable
steps to obtain payment from the
plaintiff; and
(b) despite the defendant taking reasonable
steps in accordance with paragraph (a),
the plaintiff has not paid those costs or
that part.".
23 Application for indemnity certificate if criminal
proceeding discontinued
In section 16(3) of the Appeal Costs Act 1998,
after "own costs" insert "thrown away".
9
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 3--Appeals amendments
24 Membership
After section 22(1)(a) of the Appeal Costs
Act 1998 insert--
"(ab) a deputy chairperson; and".
25 Meetings
(1) In section 28(1) and (4) of the Appeal Costs
Act 1998, after "chairperson" insert "(or in the
chairperson's absence, the deputy chairperson)".
(2) For section 28(7) of the Appeal Costs Act 1998
substitute--
"(7) Subject to this Part and the regulations, the
Board may--
(a) conduct its meetings in any manner it
thinks fit; and
(b) regulate its own proceedings.".
26 New section 31A inserted
Before section 32 of the Appeal Costs Act 1998
insert--
"31A Scope of indemnity certificate
(1) An indemnity certificate granted under this
Act may be expressed as applying, subject to
the court's discretion, to limited or specific
costs of an appeal or trial.
(2) Without limiting subsection (1), a certificate
expressed as applying to limited or specific
costs of an appeal may be expressed as--
(a) applying or not applying to a stated part
of an appeal or a trial; or
(b) applying or not applying in respect of
the fees of a particular Australian legal
practitioner or law practice (within the
10
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 3--Appeals amendments
meaning of the Legal Profession
Uniform Law (Victoria)); or
(c) applying or not applying to specified
items in a scale of costs; or
(d) applying to a limited time period; or
(e) as provided in any combination of
paragraphs (a), (b), (c) and (d).
(3) A certificate that contains no written
limitation or specifications under subsection
(1) is taken to apply without limitation,
subject to this Act.
Note
See also section 37.".
27 Expiry of indemnity certificates
After section 35E(2) of the Appeal Costs
Act 1998 insert--
"(3) In considering whether it is in the interests
of justice to determine an application as if
the indemnity certificate has not expired
under subsection (2), the Board must have
regard to the following--
(a) whether any negotiations with the other
party regarding the settlement, taxation
or payment of costs were progressed
with reasonable expedition;
(b) the actions of the applicant and the
applicant's legal practitioner;
(c) the consequences of granting or not
granting the extension, including any
financial implications;
(d) whether it is fair and equitable in
the circumstances to consider an
application made beyond the time
limit specified in section 35D.".
11
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 3--Appeals amendments
28 Section 37 amended
(1) Insert the following heading to section 37 of the
Appeal Costs Act 1998--
"No appeal against grant or refusal of, or
limitation on, indemnity certificate".
(2) After section 37(2) of the Appeal Costs Act 1998
insert--
"(3) No appeal lies against a grant by a court
of an indemnity certificate that is limited in
accordance with section 31A.".
29 Supreme Court--Limitation of jurisdiction
At the end of section 40 of the Appeal Costs
Act 1998 insert--
"(2) It is the intention of section 37(3) to alter
or vary section 85 of the Constitution
Act 1975.".
30 New section 47 inserted
After section 46 of the Appeal Costs Act 1998
insert--
"47 Transitional--Justice Legislation
Amendment (Court Security, Juries and
Other Matters) Act 2017
The amendments made to this Act by
sections 15, 16, 17, 18, 19, 21, 22 and 27
of the Justice Legislation Amendment
(Court Security, Juries and Other
Matters) Act 2017 apply in relation to
an application made to the Board after the
commencement of the applicable section or
sections, whether the relevant indemnity
certificate was granted before, on or after
the commencement of the applicable section
or sections.".
12
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 3--Appeals amendments
Division 2--Civil appeals from VCAT
31 Appeals from the Tribunal
(1) At the foot of section 148(1)(a) of the Victorian
Civil and Administrative Tribunal Act 1998
insert--
"Note
See sections 14A to 14D of the Supreme Court Act 1986.".
(2) In section 148(2) of the Victorian Civil and
Administrative Tribunal Act 1998--
(a) after "appeal" insert "to the Trial Division
of the Supreme Court";
(b) for paragraph (a) substitute--
"(a) within 28 days after the day of the order
of the Tribunal, unless the rules of the
Supreme Court otherwise provide;
and".
(3) After section 148(2) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(2A) The Trial Division of the Supreme Court
may grant an application for leave to appeal
under this section only if it is satisfied that
the appeal has a real prospect of success.".
(4) In section 148(5) of the Victorian Civil and
Administrative Tribunal Act 1998, for "Court of
Appeal or the Trial Division, as the case requires,"
substitute "Trial Division of the Supreme Court".
13
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 3--Appeals amendments
32 New section 170 inserted
After section 169 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"170 Transitional--Justice Legislation
Amendment (Court Security, Juries and
Other Matters) Act 2017
Section 148(2A) as inserted by the Justice
Legislation Amendment (Court Security,
Juries and Other Matters) Act 2017
applies in respect of an application for
leave to appeal made after that subsection
commences.".
Division 3--Civil appeals from County Court
33 Appeal to the Court of Appeal
(1) At the foot of section 74(1) of the County Court
Act 1958 insert--
"Note
See sections 14A to 14D of the Supreme Court Act 1986.".
(2) Section 74(2), (2A), (2C), (4) and (5) of the
County Court Act 1958 are repealed.
14
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 4--Land acquisition and compensation amendments
Part 4--Land acquisition and
compensation amendments
34 Jurisdiction
(1) In section 81(1) of the Land Acquisition and
Compensation Act 1986--
(a) for "A disputed" substitute "Subject to
section 84A, a disputed";
(b) in paragraph (a), for "$50 000" substitute
"$400 000";
(c) in paragraph (b)--
(i) for "$50 000" substitute "$400 000";
(ii) for "Authority; or" substitute
"Authority.".
(2) Section 81(1)(c) of the Land Acquisition and
Compensation Act 1986 is repealed.
35 Heading to section 84 inserted
Insert the following heading to section 84
of the Land Acquisition and Compensation
Act 1986--
"Adjournment or withdrawal application".
36 New section 84A inserted
After section 84 of the Land Acquisition and
Compensation Act 1986 insert--
"84A Discretionary transfer of proceeding
(1) The Supreme Court may order that a
proceeding or part of a proceeding under this
Part--
(a) pending in the Court be transferred to
the Tribunal; or
(b) pending in the Tribunal be transferred
to the Court.
15
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 4--Land acquisition and compensation amendments
(2) Subject to subsection (3), the Tribunal
may order that a proceeding or part of a
proceeding under this Part pending in the
Tribunal be transferred to the Supreme
Court.
(3) For the purposes of making a transfer order
under subsection (2), the Tribunal must be
constituted by--
(a) the President of VCAT; or
(b) a member nominated by the President.
(4) A transfer order under subsection (1) or (2)
may be made--
(a) on the application of a party to the
proceeding pending in the Supreme
Court or the Tribunal, as the case
requires; or
(b) on the own motion of the Court or
Tribunal, as the case requires.
(5) In making a transfer order under subsection
(1) or (2), the Court or Tribunal, as the case
requires, must consider the following--
(a) the views of the parties in relation to
the transfer;
(b) whether any proceeding in relation
to an associated matter is pending in
the Court or Tribunal to which it is
proposed to transfer the proceeding;
(c) whether the resources and capacity
of the Court or Tribunal to which it is
proposed to transfer the proceeding are
sufficient to hear and determine the
proceeding;
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Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 4--Land acquisition and compensation amendments
(d) whether the transfer would facilitate the
just, efficient, timely and cost-effective
resolution of the issues in dispute in the
proceeding;
(e) whether the proceeding involves
questions of general importance;
(f) whether it is desirable to make the
transfer order.
(6) If the Supreme Court or the Tribunal makes
a transfer order under this section, it may
make any other order it considers necessary
pending the hearing and determination of the
transferred proceeding by the Court or
Tribunal to which it is transferred.
(7) No appeal lies on a decision to transfer a
proceeding under subsection (1) or (2).".
37 Court to nominate valuer
(1) Insert the following heading to section 96
of the Land Acquisition and Compensation
Act 1986--
"Tribunal or Court to nominate valuer".
(2) In section 96(1) of the Land Acquisition and
Compensation Act 1986 before "the Court"
(where twice occurring) insert "the Tribunal or".
38 Valuer to make declaration
In section 97(1) of the Land Acquisition and
Compensation Act 1986, before "the Court"
insert "the Tribunal or".
17
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 4--Land acquisition and compensation amendments
39 New section 109A inserted
After section 109 of the Land Acquisition and
Compensation Act 1986 insert--
"109A Supreme Court--Limitation of
jurisdiction
(1) It is the intention of section 81, as amended
by section 34 of the Justice Legislation
Amendment (Court Security, Juries and
Other Matters) Act 2017, to alter or vary
section 85 of the Constitution Act 1975.
(2) It is the intention of section 84A to alter
or vary section 85 of the Constitution
Act 1975.".
40 New section 111 inserted
After section 110 of the Land Acquisition and
Compensation Act 1986 insert--
"111 Transitional provisions--Justice
Legislation Amendment (Court Security,
Juries and Other Matters) Act 2017
(1) Subject to subsection (2), section 81 as
in force immediately before its amendment
by the Justice Legislation Amendment
(Court Security, Juries and Other
Matters) Act 2017 continues to apply, on
and after that amendment, to the hearing and
determination by the Tribunal or the Court,
as the case requires, of any disputed claim
commenced but not determined under
section 81 before that amendment.
(2) Section 84A applies to any disputed claim
commenced but not determined under
section 81 irrespective of whether the claim
was commenced before, on or after the
commencement of that section.".
18
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 5--Postal delivery amendments
Part 5--Postal delivery amendments
41 When is service effective?
(1) For section 141(1)(b) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute--
"(b) in the case of posting--in the ordinary
course of post, unless the rules provide
otherwise;".
(2) At the foot of section 141(1)(b) of the Victorian
Civil and Administrative Tribunal Act 1998
insert--
"Note
See section 49 of the Interpretation of Legislation
Act 1984.".
42 Schedule 2 amended
In Schedule 2 to the Victorian Civil and
Administrative Tribunal Act 1998, after the
entry relating to "Service of documents" insert--
"Service by post, including time periods for
presumed service under this Act.".
43 Registration of interstate orders
In section 125(5) of the Confiscation Act 1997,
for "5 days" substitute "14 days".
19
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 6--Court security amendments
Part 6--Court security amendments
44 Definitions
In section 2(1) of the Court Security Act 1980--
(a) in the definition of authorized officer omit
"by the chief executive officer of the court or
the clerk of the court";
(b) in the definition of contractor, after "with"
insert "Court Services Victoria or";
(c) in the definition of scanning search, for
"otherwise." substitute "otherwise;";
(d) insert the following definitions--
"Chief Executive Officer of Court Services
Victoria means the person appointed
under section 22 of the Court Services
Victoria Act 2014;
Victims of Crime Assistance Tribunal
means the Victims of Crime Assistance
Tribunal established by Part 3 of the
Victims of Crime Assistance
Act 1996.".
45 Section 2A substituted
For section 2A of the Court Security Act 1980
substitute--
"2A Appointment of authorized officers
(1) The Chief Executive Officer of Court
Services Victoria may appoint, in accordance
with this section, a person as an authorized
officer in relation to any of the following
courts--
(a) the Supreme Court;
(b) the County Court;
(c) the Magistrates' Court;
20
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 6--Court security amendments
(d) the Children's Court;
(e) the Coroners Court;
(f) VCAT;
(g) the Victims of Crime Assistance
Tribunal.
(2) The chief executive officer or a clerk of a
tribunal, body or person prescribed for the
purposes of paragraph (h) of the definition
of court in section 2(1) may appoint, in
accordance with this section, a person as an
authorized officer in relation to that tribunal,
body or person.
(3) Before appointing a person under subsection
(1) or (2), the relevant decision maker must
be satisfied that the person--
(a) is competent to exercise the functions
conferred on an authorized officer by or
under this Act; and
(b) is of good repute, having regard to
character, honesty and integrity; and
(c) has agreed in writing to exercise the
functions conferred on an authorized
officer by or under this Act.
(4) In this section--
relevant decision maker means--
(a) the Chief Executive Officer
of Court Services Victoria in
relation to a court referred to in
subsection (1); or
(b) the chief executive officer or
a clerk in relation to a tribunal,
body or person referred to in
subsection (2).".
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46 Identity card
(1) In section 2B(1) of the Court Security Act 1980,
after "The" insert "Chief Executive Officer of
Court Services Victoria or the".
(2) For section 2B(2)(c) of the Court Security
Act 1980 substitute--
"(c) be signed by the person who issued it.".
47 Section 2C substituted
For section 2C of the Court Security Act 1980
substitute--
"2C Who may enter into court security
agreement
(1) Subject to the Financial Management
Act 1994 and the regulations made under
that Act, Court Services Victoria may
enter into an agreement for and on behalf
of the Crown with a person or body for the
provision by that person or body of court
security services to any of the following
courts--
(a) the Supreme Court;
(b) the County Court;
(c) the Magistrates' Court;
(d) the Children's Court;
(e) the Coroners Court;
(f) VCAT;
(g) the Victims of Crime Assistance
Tribunal.
(2) Subject to the Financial Management
Act 1994 and the regulations made under
that Act, the chief executive officer of a
tribunal, body or person prescribed for the
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purposes of paragraph (h) of the definition
of court in section 2(1) may enter into an
agreement for and on behalf of the Crown
with a person or body for the provision by
that person or body of court security services
to that tribunal, body or person.".
48 Matters to be included in agreement
In section 2D(d) of the Court Security Act 1980,
for "the chief executive officer" substitute
"Court Services Victoria or the chief executive
officer, as the case may be,".
49 Powers of authorized officer
(1) After section 3(2) of the Court Security Act 1980
insert--
"(2A) Subject to any limitations or restrictions
provided by the rules, an authorized
officer--
(a) may give to a person who wishes to
enter court premises, or is on the court
premises, a reasonable direction to do
or not do a thing, for the purpose of
maintaining or restoring the security,
good order or management of the court
premises; and
(b) may escort a person to or from court
premises if that person has consented to
being escorted by the authorized
officer; and
(c) may, in the course of escorting a
person to or from court premises, give a
reasonable direction to another person
to do or not do a thing, for the purpose
of maintaining the safety of the person
or the authorized officer; and
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(d) may, if the authorized officer
reasonably suspects that a recording,
transmission or publication made or
being made of a proceeding is not
permitted by or under this Act or any
other law, direct a person to do one or
more than one of the following--
(i) stop making the recording,
transmission or publication;
(ii) permit an authorized officer to
view the recording, transmission
or publication on a device;
(iii) delete the recording.
Note
Sections 4A, 4B and 4C of this Act, sections 3
and 4 of the Judicial Proceedings Reports
Act 1958, Part 8 of the Family Violence
Protection Act 2008 and section 20 of the
Supreme Court Act 1986 place restrictions
on the recording, publication and transmission
of court proceedings. An order made under
the Open Courts Act 2013 may restrict the
publication of proceedings and that Act refers
to other Acts that restrict the publication of
proceedings.
(2B) Subject to subsection (2C), a person must
not refuse to comply with a direction under
subsection (2A).
Penalty: 10 penalty units.
(2C) A person does not contravene subsection
(2B) in relation to a direction under
subsection (2A)(d) if the recording,
transmission or publication is permitted
by or under this Act or any other law.".
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(2) For section 3(4) of the Court Security Act 1980
substitute--
"(4) An authorized officer may use reasonable
force to do any of the following--
(a) conduct a frisk search or scanning
search under subsection (3);
(b) enforce a direction given to the
person under subsection (2A);
(c) prohibit a person from entering,
or remove a person from, court
premises under subsection (5) or (9);
(d) seize prohibited items under
subsection (6);
(e) ensure the safety of a person being
escorted, or the safety of an authorized
officer when escorting a person, under
subsection (2A)(b).
(4A) An authorized officer who conducts a
search under this section must not subject a
person to greater indignity than is reasonably
necessary to conduct the search.".
(3) In section 3(5) of the Court Security Act 1980--
(a) after "subsection (1)" insert ", comply with
a direction under subsection (2A)";
(b) omit "by reasonable force".
(4) After section 3(10) of the Court Security
Act 1980 insert--
"(11) An authorized officer who gives a direction
to a person or demands or requires a person
to do a thing under this section must advise
the person before or immediately after giving
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the direction or making the demand or
requirement that the person may commit an
offence by refusing to comply with the
direction, demand or requirement.".
50 New section 8 inserted
After section 7 of the Court Security Act 1980
insert--
"8 Transitional--Justice Legislation
Amendment (Court Security, Juries and
Other Matters) Act 2017
(1) A person who was an authorized officer
immediately before the commencement
of section 45 of the Justice Legislation
Amendment (Court Security, Juries
and Other Matters) Act 2017 is, on the
commencement of that section, taken to be
an authorized officer appointed by the
relevant decision maker within the meaning
of section 2A.
(2) A court security agreement under section 2C
that was in force immediately before the
commencement of section 47 of the Justice
Legislation Amendment (Court Security,
Juries and Other Matters) Act 2017
continues in force for the remainder of its
term unless sooner terminated.".
51 Function of the Court Services Victoria
After section 8(a)(vi) of the Court Services
Victoria Act 2014 insert--
"(vii) the Victims of Crime Assistance Tribunal;
and".
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52 Functions and powers
In section 25(1) of the Court Services Victoria
Act 2014--
(a) in paragraph (b), for "Officers." substitute
"Officers;";
(b) after paragraph (b) insert--
"(c) any function conferred by or under
any other Act.".
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Part 7--Legal profession amendments
53 Delegation
(1) In section 44(1) of the Legal Profession Uniform
Law Application Act 2014, for "subsection (2)"
substitute "subsections (1A) and (2)".
(2) After section 44(1) of the Legal Profession
Uniform Law Application Act 2014 insert--
"(1A) The Victorian Legal Services Board, by
instrument, may delegate to the Victorian
Bar the function of approving, under
section 88(1), a natural person to receive
trust money as described in that provision.".
(3) After section 44(2)(b) of the Legal Profession
Uniform Law Application Act 2014 insert--
"(ba) suspending or revoking, under section 88A,
an approval under section 88(1);".
(4) In section 44(2)(i) of the Legal Profession
Uniform Law Application Act 2014, for
"(1)." substitute "(1) or (1A).".
54 New section 87A inserted
After the heading to Division 3 of Part 5 of the
Legal Profession Uniform Law Application
Act 2014 insert--
"87A Person not to act as approved clerk
without approval
(1) A person who is not an approved clerk must
not receive money on account of the legal
costs of one or more barristers in advance of
the provision of the legal services to which
those costs relate.
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(2) Subsection (1) does not apply in relation
to--
(a) an ADI receiving trust money deposited
into an approved clerk's general trust
account in accordance with section 137
or 143(1) of the Legal Profession
Uniform Law (Victoria) as applied
in relation to approved clerks by
section 89(1); or
(b) a law practice receiving trust money
in accordance with section 150 of the
Legal Profession Uniform Law
(Victoria); or
(c) a supervisor of trust money of an
approved clerk receiving trust money
in accordance with section 331 of the
Legal Profession Uniform Law
(Victoria) as applied in relation to
approved clerks by section 89(2A).
(3) Division 2 of Part 9.7 of the Legal
Profession Uniform Law (Victoria) applies
to a contravention of subsection (1).
(4) For the purposes of subsection (3)--
(a) subsection (1) is taken to be a civil
penalty provision; and
(b) a contravention of subsection (1) is
punishable by an amount not exceeding
100 penalty units.".
55 Approval of clerks
(1) In section 88(1) of the Legal Profession Uniform
Law Application Act 2014, for "Victorian Bar"
substitute "Victorian Legal Services Board, in
accordance with this section,".
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(2) After section 88(1) of the Legal Profession
Uniform Law Application Act 2014 insert--
"(1A) The Victorian Legal Services Board
must not approve a natural person under
subsection (1) unless the Board is satisfied
that the person is a fit and proper person to
receive trust money as described in that
subsection.
(1B) In considering whether a person is or is not a
fit and proper person to receive trust money
as described in subsection (1), the Victorian
Legal Services Board may have regard to
whether--
(a) a bankruptcy-related event has occurred
in relation to the person; or
(b) the person has been convicted of a
serious offence or a tax offence; or
(c) the person has contravened any of the
following--
(i) this Act;
(ii) the Legal Profession Uniform Law
(Victoria);
(iii) the Uniform Rules;
(iv) the rules made under section 90 of
this Act;
(v) any other law or rule of any other
State or a Territory, or of a foreign
country, relating to trust accounts
or trust money.
(1C) The Victorian Legal Services Board may
consider that a person is a fit and proper
person to receive trust money as described in
subsection (1) despite an event, conviction or
contravention referred to in subsection (1B)
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if the Board is satisfied that the decision is
warranted in the circumstances.".
(3) In section 88(2) of the Legal Profession Uniform
Law Application Act 2014 omit "and notified to
the Victorian Legal Services Board as soon as
practicable after it is given".
(4) After section 88(2) of the Legal Profession
Uniform Law Application Act 2014 insert--
"(3) If the Victorian Legal Services Board
delegates to the Victorian Bar the function
of approving a natural person under
subsection (1), the Victorian Bar must
notify the Board in writing of an approval
as soon as practicable after giving it.".
56 New sections 88A and 88B inserted
After section 88 of the Legal Profession Uniform
Law Application Act 2014 insert--
"88A Suspension or revocation of approval of
clerk on request
(1) The Victorian Legal Services Board may
revoke, or suspend for a specified period,
an approval of a natural person under
section 88(1) if the person requests the
revocation or suspension in writing.
(2) A revocation or suspension under
subsection (1) is to be made by giving the
person who requested the revocation or
suspension a notice in writing.
88B Suspension or revocation of approval of
clerk for other reasons
(1) The Victorian Legal Services Board may,
in accordance with this section, revoke, or
suspend for a specified period, an approval
of a natural person under section 88(1) if--
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(a) the person--
(i) is convicted of a serious offence
or a tax offence; or
(ii) contravenes a law or rule referred
to in section 88(1B)(c); or
(b) a bankruptcy-related event occurs in
relation to the person; or
(c) the Board reasonably believes that
the person is no longer a fit and
proper person to receive trust money
as described in section 88(1).
(2) If the Victorian Legal Services Board
considers that an approval of a natural person
under section 88(1) should be revoked or
suspended, the Board must give the person
notice in writing--
(a) stating--
(i) that the Board proposes to take
that action; and
(ii) the ground or grounds for the
proposed action; and
(b) if the Board proposes to suspend the
approval, stating the proposed period of
suspension; and
(c) inviting the person to respond in
writing to the Board within a specified
period (not being less than 7 days nor
more than 28 days after the notice is
given) as to why the proposed action
should not be taken.
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(3) The Victorian Legal Services Board must
not revoke or suspend an approval of a
natural person under section 88(1) unless--
(a) the Board has given the approved
person a notice under subsection (2);
and
(b) the time specified in the notice for a
response from the person has expired;
and
(c) the Board has considered the person's
response (if any).
(4) The Victorian Legal Services Board must not
revoke an approval of a natural person under
section 88(1) unless the notice given under
subsection (2) states that the Board proposes
to revoke the approval.
(5) The Victorian Legal Services Board must
not suspend an approval of a natural person
under section 88(1) for a specified period
unless the notice given under subsection (2)
states that the Board proposes--
(a) to suspend the approval for that period
or for a longer period; or
(b) to revoke the approval.
(6) A revocation or suspension under
subsection (1) is to be made by giving the
person a further notice in writing.".
57 Application of the Uniform Law to approved clerks
After section 89(2) of the Legal Profession
Uniform Law Application Act 2014 insert--
'(2A) Parts 6.1, 6.2, 6.3 and 6.6 of the Legal
Profession Uniform Law (Victoria) apply to,
and in relation to, an approved clerk as if--
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(a) the following definitions apply for the
purposes of those Parts--
affairs of an approved clerk means all
accounts and records that--
(a) relate to trust money
received by the approved
clerk; and
(b) are required by or under
this law or the Uniform
Rules as modified by rules
made under section 90 of this
Act to be maintained by the
approved clerk;
associate of an approved clerk means
a person who is authorised by the
approved clerk to cause money
to be withdrawn from the clerk's
general trust account (whether by
signing a cheque or otherwise);
ceasing to be an approved clerk
includes--
(a) being suspended from being
an approved clerk; and
(b) ceasing to undertake the
functions of an approved
clerk;
general trust account means an
account maintained by an
approved clerk with an authorised
ADI for the holding of trust
money received by the clerk;
trust account means an account
maintained by an approved clerk
with an authorised ADI to hold
trust money;
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trust money means money received
by an approved clerk on account
of the legal costs of one or more
barristers in advance of the
provision of the legal services
to which those costs relate; and
(b) a reference in those Parts to a law
practice, or to a principal of a law
practice, were a reference to an
approved clerk; and
(c) a reference in those Parts to the
designated local regulatory authority,
or to the appropriate authority, were a
reference to the Victorian Legal
Services Board; and
(d) a reference in those Parts to a law
practice's trust account were a reference
to an approved clerk's trust account;
and
(e) a reference in those Parts to a law
practice's trust money were a reference
to trust money entrusted to an approved
clerk; and
(f) every reference in those Parts to trust
property or a transfer of trust property
were omitted; and
(g) a reference in those Parts to a client of
a law practice were a reference to the
clients of a barrister on behalf of whom
an approved clerk receives money; and
(h) a reference in those Parts (excluding
section 367) to the Uniform Rules
were a reference to the Uniform Rules
as modified by rules made under
section 90 of this Act; and
(i) section 323 were omitted; and
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(j) for section 324 there were substituted--
"324 Further application of this
Chapter
This Chapter applies, with any
necessary adaptations, to a former
approved clerk in the same way as
it applies to an approved clerk.";
and
(k) section 325 were omitted; and
(l) for section 326(a) there were
substituted--
"(a) where an approved clerk has died,
ceases to be an approved clerk,
has become an insolvent under
administration or is in prison;";
and
(m) section 326(b), (c) and (d)(vii) were
omitted; and
(n) for section 326(d)(ix) there were
substituted--
"(ix) has ceased to be an approved
clerk without making provision
for properly dealing with trust
money received by the approved
clerk;"; and
(o) for section 327(2) there were
substituted--
"(2) The Victorian Legal Services
Board may determine to initiate
the appointment under this
Chapter of a supervisor of trust
money of the approved clerk if
the Board is of the opinion that
external intervention is required
because of issues relating to the
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approved clerk's trust accounts.";
and
(p) in section 328, for the words
"a particular legal practitioner
associate or to matters connected
with a particular office" there were
substituted "a particular associate of
the approved clerk"; and
(q) in section 329(3)(b), for the words
"law practices' trust accounts" there
were substituted "trust accounting"; and
(r) in section 331(2)(a), for the words
"its engaging in legal practice" there
were substituted "the approved clerk
engaging in the business of being an
approved clerk"; and
(s) in section 331(2)(b), for the words
"the law practice or an associate or
former associate of the law practice"
there were substituted "the approved
clerk"; and
(t) for section 331(5) there were
substituted--
"(5) The supervisor does not have a
role in the management of the
approved clerk except in relation
to the management of the affairs
of the approved clerk."; and
(u) a reference in section 332(1)(b) to a law
practice were a reference to either a law
practice or an approved clerk; and
(v) section 333(1)(c) and (d) were omitted;
and
(w) section 356(4) were omitted; and
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(x) after section 357(2) there were
inserted--
"(3) Nothing in this section subjects
an approved clerk to any personal
liability.
(4) Any liability resulting from
an act or omission that, but for
subsection (3), would attach to an
approved clerk attaches instead to
the Victorian Legal Services
Board."; and
(y) for section 358(2)(d) there were
substituted--
"(d) a barrister who has an interest in
trust money held by the approved
clerk; or"; and
(z) section 358(6) were omitted; and
(za) section 360 were omitted; and
(zb) in section 361, each reference to an
associate of the law practice were
omitted; and
(zc) for section 362(2)(e) and (f) there were
substituted--
"(e) the approved clerk concerned;
(f) a barrister--
(i) for whom the approved clerk
has held money on account
of legal costs in advance of
the provision of the legal
services to which those costs
relate; and
(ii) to whom the information
relates;
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(fa) a client or former client of a
barrister referred to in paragraph
(f) if the information relates to the
client or former client;".'.
58 New section 89A inserted
After section 89 of the Legal Profession Uniform
Law Application Act 2014 insert--
"89A Review of decision to refuse, suspend or
revoke approval
(1) A person who has applied for an approval
under section 88(1) may apply to VCAT
for review of a decision not to grant that
approval.
(2) An approved clerk whose approval under
section 88(1) is suspended or revoked may
apply to VCAT for review of the decision to
suspend or revoke that approval.
(3) An application for review must be made
within 28 days after the day on which the
person is notified of the decision.".
59 Rules for approved clerks
(1) In section 90(1) of the Legal Profession Uniform
Law Application Act 2014, for "Victorian Bar"
substitute "Victorian Legal Services Board".
(2) After section 90(2) of the Legal Profession
Uniform Law Application Act 2014 insert--
"(2A) Rules made under this section may modify
the application of the Uniform Rules for the
purposes of the application of Parts 6.2, 6.3
and 6.6 of the Legal Profession Uniform
Law (Victoria) to, and in relation to, an
approved clerk.
Note
See section 89(2A).".
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Part 7--Legal profession amendments
60 New Division 10 of Part 12 inserted
After Division 9 of Part 12 of the Legal
Profession Uniform Law Application Act 2014
insert--
"Division 10--Justice Legislation
Amendment (Court Security, Juries and
Other Matters) Act 2017
183 Approval of clerks
On and after the day on which section 55
of the Justice Legislation Amendment
(Court Security, Juries and Other
Matters) Act 2017 comes into operation,
an approval by the Victorian Bar under
section 88(1) that was in force immediately
before that day is taken to be an approval
by the Victorian Legal Services Board
under that section as amended by section 55
of that Act.
184 Rules for approved clerks
On and after the day on which section 59
of the Justice Legislation Amendment
(Court Security, Juries and Other
Matters) Act 2017 comes into operation,
rules made by the Victorian Bar under
section 90(1) that were in force immediately
before that day are taken to be rules made
by the Victorian Legal Services Board
under that section as amended by section 59
of that Act.".
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Part 8--Minor technical amendments of natural resources legislation
Part 8--Minor technical amendments of
natural resources legislation
61 Fisheries Act 1995--Traditional owner agreement
for natural resources
After section 11AA(2) of the Fisheries Act 1995
insert--
"(3) For the purposes of this section--
(a) a reference in subsection (1) to this
Act does not include a reference to the
regulations; and
(b) to avoid doubt, subsection (1) does not
prevent a provision of the regulations
from providing for an offence for
carrying out an agreed activity.".
62 Forests Act 1958--Traditional owner agreement for
natural resources
After section 3D(2) of the Forests Act 1958
insert--
"(3) For the purposes of this section--
(a) a reference in subsection (1) to this
Act does not include a reference to the
regulations; and
(b) to avoid doubt, subsection (1) does not
prevent a provision of the regulations
from providing for an offence for
carrying out an agreed activity.".
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Part 8--Minor technical amendments of natural resources legislation
63 Wildlife Act 1975--Traditional owner agreement
for natural resources
After section 4C(2) of the Wildlife Act 1975
insert--
"(3) For the purposes of this section--
(a) a reference in subsection (1) to this
Act does not include a reference to the
regulations; and
(b) to avoid doubt, subsection (1) does not
prevent a provision of the regulations
from providing for an offence for
carrying out an agreed activity.".
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Part 9--Other amendments
Part 9--Other amendments
Division 1--Children, Youth and Families Act 2005
64 Rules of court
After section 589(c) of the Children, Youth and
Families Act 2005 insert--
"(ca) the return to the Court of warrants issued
under this Act or issued by the Court under
section 57 of the Magistrates' Court
Act 1989 as applied by this Act;".
Division 2--Courts (Case Transfer) Act 1991
65 Definition of designated judicial officer
In section 3(1) of the Courts (Case Transfer)
Act 1991, for the definition of Designated
judicial officer substitute--
"designated judicial officer--
(a) in relation to the Supreme Court,
means an Associate Judge or a
judicial registrar of the Supreme Court
designated by the Chief Justice for
the purposes of this Act;
(b) in relation to the County Court,
means a judge, an associate judge or a
judicial registrar of the County Court
designated by the Chief Judge
for the purposes of this Act;
(c) in relation to the Magistrates' Court,
means a magistrate or a judicial
registrar of the Magistrates' Court
designated by the Chief Magistrate
for the purposes of this Act;".
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Part 9--Other amendments
66 Other transfers
In section 30(1) of the Courts (Case Transfer)
Act 1991 omit "(constituted by a judge)"
(where twice occurring).
Division 3--Judicial College of Victoria Act 2001
67 Board of directors
In section 8(1) of the Judicial College of Victoria
Act 2001--
(a) for "6" substitute "8";
(b) after paragraph (d) insert--
"(da) one is the President of the Children's
Court of Victoria or another magistrate
of that Court nominated by the
President; and
(db) one is the State Coroner or another
coroner nominated by the State
Coroner; and".
Division 4--Judicial Entitlements Act 2015
68 Accrued sabbatical and long service leave
(Chief Magistrate)
In section 12(1) of the Judicial Entitlements
Act 2015--
(a) in paragraph (d) for "Court." substitute
"Court;";
(b) after paragraph (d) insert--
"(e) the Chief Magistrate.".
69 Accrued annual leave and long service leave--
magistrates
In section 13 of the Judicial Entitlements
Act 2015, after "than" insert "the Chief
Magistrate or".
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Part 9--Other amendments
Division 5--Magistrates' Court Act 1989
70 Rules of Court
After section 16(1A)(j) of the Magistrates' Court
Act 1989 insert--
"(k) the return to the Court of warrants issued
under section 57;".
71 Warrants
Section 57(10) of the Magistrates' Court
Act 1989 is repealed.
Division 6--Victorian Civil and Administrative
Tribunal Act 1998
72 Presumption of order for reimbursement of fees to
successful party in certain proceedings
After section 115C(1)(c) of the Victorian Civil
and Administrative Tribunal Act 1998 insert--
"(d) a proceeding under section 114, 120
or 149A of the Planning and Environment
Act 1987;".
73 New section 171 inserted
At the end of Part 7 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"171 Transitional--Justice Legislation
Amendment (Court Security, Juries and
Other Matters) Act 2017
The amendment made to section 115C
by the Justice Legislation Amendment
(Court Security, Juries and Other
Matters) Act 2017 applies, on and after
the commencement of that amendment, in
relation to all proceedings in the Tribunal,
whether those proceedings were commenced
before, on or after that amendment.".
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Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 10--Statute law revision and repeals
Part 10--Statute law revision and repeals
Division 1--Statute law revision
74 Appeal Costs Act 1998
In section 39(b) of the Appeal Costs Act 1998,
for "not be" substitute "not to be".
75 Australian Consumer Law and Fair Trading
Act 2012
In section 184(2) of the Australian Consumer
Law and Fair Trading Act 2012--
(a) in paragraph (j), for "land." substitute
"land;";
(b) in paragraph (k), for "something;" substitute
"something.".
76 Confiscation Act 1997
In section 3(1) of the Confiscation Act 1997,
in the definition of tainted property--
(a) in paragraph (a)(iiia), for "(iii);" substitute
"(iii); or";
(b) in paragraph (b)(iv), for "(iii);" substitute
"(iii); or".
77 Co-operatives National Law Application Act 2013
In section 32(2)(b) of the Co-operatives
National Law Application Act 2013, for
"the the" substitute "the".
78 Corrections Act 1986
In section 47(1)(m)(vii) and (3)(b) of the
Corrections Act 1986, for "Commission 2011"
substitute "Commission Act 2011".
46
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 10--Statute law revision and repeals
79 County Court Act 1958
(1) In sections 3AA(1A) and 14(9A) of the County
Court Act 1958, for "Commonwealth Family
Law Act 1975" substitute "Family Law Act 1975
of the Commonwealth".
(2) In section 49A(3) of the County Court Act 1958,
for "employé" (wherever occurring) substitute
"employee".
(3) In section 89 of the County Court Act 1958, after
"(Amendment)" insert "Act".
80 Court Security Act 1980
In section 6(1) of the Court Security Act 1980,
for "authorized" substitute "authorised".
81 Crimes Act 1958
(1) In section 31(2A) of the Crimes Act 1958, in
the definitions of custodial officer on duty and
custodial officer, for "1991." substitute "1991;".
(2) In the heading to section 621A of the Crimes
Act 1958, for "Bill" substitute "Act".
82 Criminal Organisations Control Act 2012
(1) In section 3(1) of the Criminal Organisations
Control Act 2012, in the definition of family
member, for "has meaning" substitute "has the
meaning".
(2) In section 124J(3) of the Criminal Organisations
Control Act 2012, for "124F" substitute
"section 124F".
83 Criminal Procedure Act 2009
In sections 302A and 308(1)(b) of the Criminal
Procedure Act 2009, for "if Magistrates' Court"
substitute "if the Magistrates' Court".
47
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 10--Statute law revision and repeals
84 Estate Agents Act 1980
In section 12(3)(b) of the Estate Agents Act 1980
omit ", 45".
85 Evidence Act 2008
In section 117(1) of the Evidence Act 2008,
in paragraph (b) of the definition of lawyer,
for "an non-participant" substitute
"a non-participant".
86 Gambling Regulation Act 2003
(1) In section 1.3(1) of the Gambling Regulation
Act 2003, the definition of related body corporate
is repealed.
(2) In section 1.3(1) of the Gambling Regulation
Act 2003 insert the following definition--
"related body corporate, in relation to a body
corporate, has the same meaning as in
section 9 of the Corporations Act;".
(3) In section 3.8A.16(1) of the Gambling
Regulation Act 2003, for "a a venue" substitute
"a venue".
(4) In Form 3 of Schedule 4 to the Gambling
Regulation Act 2003, for "leaving a the"
substitute "leaving a".
87 Imperial Acts Application Act 1980
In section 1 of the Imperial Acts Application
Act 1980--
(a) for "Monopolies" substitute "Monopolies.";
(b) omit "Division 5--Royal marriages.".
88 Interpretation of Legislation Act 1984
In section 20 of the Interpretation of Legislation
Act 1984, for "law subregulation" substitute
"law, subregulation".
48
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 10--Statute law revision and repeals
89 Liquor Control Reform Act 1998
In section 66AD(3)(c) of the Liquor Control
Reform Act 1998, after "wholesale liquor" insert
"supply".
90 Private Security Act 2004
In sections 63A and 118A of the Private Security
Act 2004, for "section 93F of the Fair Trading
Act 1999" substitute "section 47 of the
Australian Consumer Law and Fair Trading
Act 2012".
91 Residential Tenancies Act 1997
(1) In section 516(f) of the Residential Tenancies
Act 1997, for "department, council" substitute
"department, Council".
(2) In section 522(1) of the Residential Tenancies
Act 1997, for "Minister or council" substitute
"Minister or Council".
(3) In section 524(2) of the Residential Tenancies
Act 1997, for "in, the council" substitute "in, the
Council".
92 Retirement Villages Act 1986
In section 42B(4) of the Retirement Villages
Act 1986, in paragraph (a) of the definition of
authorised officer, for "section 114 of the Fair
Trading Act 1999" substitute "section 142 of the
Australian Consumer Law and Fair Trading
Act 2012".
93 Sentencing Act 1991
In the heading to Subdivision (2) of Division 2
of Part 4 of the Sentencing Act 1991, for "loss."
substitute "loss".
49
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Part 10--Statute law revision and repeals
94 Supreme Court Act 1986
In section 139A of the Supreme Court
Act 1986, for "(Amendment) 1999" substitute
"(Amendment) Act 1999".
95 Vexatious Proceedings Act 2014
(1) In section 3 of the Vexatious Proceedings
Act 2014, in the definition of legal practitioner
omit "within the meaning of the Legal Profession
Act 2004".
(2) In section 9 of the Vexatious Proceedings
Act 2014 omit "within the meaning of the Legal
Profession Act 2004".
96 Victoria Racing Club Act 2006
In section 20(5) of the Victoria Racing Club
Act 2006, for "in consistent" substitute
"inconsistent".
97 Working with Children Act 2005
In the note at the foot of section 30(1) of the
Working with Children Act 2005, for "section"
substitute "Section".
98 Wrongs Act 1958
In section 28LI(1), (2)(a) and (3)(a) of the
Wrongs Act 1958, for "A.M.A Guides"
substitute "A.M.A. Guides".
Division 2--Repeal of amending Act
99 Repeal of amending Act
This Act is repealed on 1 May 2019.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
═══════════════
50
Justice Legislation Amendment (Court Security, Juries and Other Matters)
Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Appeal Costs Act 1998, the Children, Youth and Families Act 2005,
the Confiscation Act 1997, the County Court Act 1958, the Court
Security Act 1980, the Court Services Victoria Act 2014, the Courts
(Case Transfer) Act 1991, the Judicial College of Victoria Act 2001,
the Judicial Entitlements Act 2015, the Juries Act 2000,
the Land Acquisition and Compensation Act 1986,
the Legal Profession Uniform Law Application Act 2014,
the Magistrates' Court Act 1989 and the Victorian Civil and
Administrative Tribunal Act 1998, to make miscellaneous minor
amendments to other Acts and for other purposes."
By Authority. Government Printer for the State of Victoria.
51
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