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Justice Legislation Amendment (Court Security, Juries and Other Matters) Bill 2017

 Justice Legislation Amendment (Court
  Security, Juries and Other Matters)
                Bill 2017

                        Introduction Print


              EXPLANATORY MEMORANDUM


                                 General
The Justice Legislation Amendment (Court Security, Juries and Other
Matters) Bill 2017 amends 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, the Victorian Civil and Administrative Tribunal
Act 1998, and makes consequential or minor amendments to other Acts.

                              Clause Notes

                         Part 1--Preliminary
Clause 1   sets out the main purpose of the Bill, which is to make a number
           of miscellaneous amendments to various Acts in the Justice and
           Regulation portfolio, and other Acts.

Clause 2   sets out the commencement of the Bill.
           Subclause (1) provides that the following commence the day
           after the Bill receives the Royal Assent--
             •       Part 1;
             •       Part 7 (Legal profession amendments);



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• Part 8 (Minor technical amendments of natural resources legislation); • Division 3 of Part 9 (Judicial College of Victoria Act 2001); • Division 4 of Part 9 (Judicial Entitlements Act 2015); and • Division 6 of Part 9 (Victorian Administrative and Civil Tribunal statutory fee reimbursement presumption); and • Part 10 (Statute law revisions and repeals). Subclauses (2) and (3), when read together, provide that the provisions of Part 6 (Court security amendments) come into operation on a day or days to be proclaimed or, if they do not come into operation before 1 November 2017, they come into operation on 1 November 2017. Subclauses (2) and (4), when read together, provide that the remaining provisions are to come into operation on a day or days to be proclaimed or, if they do not come into operation before 1 May 2018, they come into operation on 1 May 2018. This applies to the following provisions-- • Part 2 (Juries amendments); • Part 3 (Appeals amendments); • Part 4 (Land acquisition and compensation amendments); • Part 5 (Postal delivery amendments); • Division 1 of Part 9 (Children, Youth and Families Act 2005); • Division 2 of Part 9 (Courts (Case Transfer) Act 1991); and • Division 5 of Part 9 (Magistrates' Court Act 1989). 2

 


 

Part 2--Juries amendments Clause 3 inserts a definition for identifying number in section 3(1) of the Juries Act 2000. Clause 4 inserts new subsection (2) into section 23 of the Juries Act 2000, to provide statutory criteria which a court may consider in determining whether to order the empanelment of additional jurors. Clause 5 substitutes a new section 29(3) and repeals section 29(3A) of the Juries Act 2000, both of which concern jury pools. Substituted section 29(3) will simplify the section, providing that the Juries Commissioner only needs to prepare one set of documentation bearing a number that identifies each person in a jury pool, as well as the occupation and name of the person. The clause also amends section 29(5), as a consequence of the amendments made to section 29(3) and (3A). Clause 6 inserts new section 30A to require that a potential juror must be identified in court by number (not name), unless the court considers that it is in the interests of justice to identify by name. For example, it may be considered in the interests of justice to identify potential jurors using their name because the trial is in a regional court and the names are important in alerting the judge, lawyers and person arraigned that they may have a personal connection with a potential juror. This amendment is required in order to promote consistent empanelment practices across trials, and has regard to the privacy and security of potential jurors during the empanelment process and the interests of justice. Clause 7 makes several amendments to section 31 to give effect to the presumption that potential jurors are to be identified by their number unless it is in the interests of justice to identify them by name, and to simplify the operation of the Juries Act 2000. Subclauses (1) and (3) make consequential amendments to section 31(1) and (3), to implement the presumption to identify by number. 3

 


 

Subclause (2) amends section 31(2) so that if the proper officer needs to differentiate between potential jurors with the same name and occupation, the proper officer can call out the identifying numbers of these persons, rather than the dates of birth. Given each potential juror is assigned a number, it is unnecessary to resort to the dates of birth to differentiate potential jurors with the same name and occupation. Clause 8 amends section 33 of the Juries Act 2000. Subclause (1) amends section 33(1) to make clear that the calling of the panel under section 31 is discretionary. Subclauses (2), (3) and (4) make consequential amendments to give effect to the presumption to identify potential jurors by number in court and to remove the need to refer to potential jurors' dates of birth. Clause 9 reduces the number of peremptory challenges in civil trials and makes consequential amendments to give effect to the presumption to identify potential jurors by number in court. Subclause (1) reduces the number of peremptory challenges available from 3 peremptory challenges to 2 for each party in a civil trial, in accordance with recommendations made by the Victorian Law Reform Commission in its Jury Empanelment Report. Subclause (2) makes consequential amendments to give effect to the presumption to identify potential jurors by number in court. Clause 10 substitutes a new section 36(1) of the Juries Act 2000, making consequential amendments to give effect to the presumption to identify potential jurors by number in court and to remove the need to refer to potential jurors' dates of birth. Clause 11 reduces the number of prosecution stand asides in criminal trials, in accordance with recommendations made by the Victorian Law Reform Commission in its Jury Empanelment Report. Subclause (1) reduces the number of stand asides available from 6 stand asides to 3, if there is one person arraigned in a criminal trial. 4

 


 

Subclause (2) reduces the number of stand asides available to 2 stand asides for each person arraigned if there are 2 or more arraigned persons in a criminal trial. Subclause (3) repeals section 38(1)(c) of the Juries Act 2000, which previously provided for 4 stand asides for each person arraigned in criminal trials with 3 or more arraigned persons. Clause 12 reduces the number of peremptory challenges in criminal trials, in an equivalent manner to the number of prosecution stand asides reduced by clause 11, and makes other minor amendments. Subclause (1) reduces the number of peremptory challenges available from 6 peremptory challenges to 3, if there is one person arraigned in a criminal trial. Subclause (2) reduces the number of peremptory challenges available to 2 peremptory challenges for each person arraigned, if there are 2 or more persons arraigned in a criminal trial. Previously, there were 5 peremptory challenges available for each if 2 persons were arraigned, and 4 peremptory challenges each if there were 3 or more persons arraigned. Subclause (3) repeals section 39(1)(c) of the Juries Act 2000, which previously provided for up to 4 peremptory challenges for each person arraigned in criminal trials with 3 or more arraigned persons. Subclause (4) clarifies that an arraigned person may exercise his or her peremptory challenges personally, or it may be exercised on that person's behalf by that person's legal practitioner or by the clerk of the legal practitioner. Clause 13 amends section 66(1) of the Juries Act 2000, which provides for offences that may be committed by persons exercising a power or performing a function under that Act. As a consequence of the presumption to identify potential jurors by number in court, this clause amends section 66(1)(e) to clarify that it is an offence to include a person who is not liable for jury service in the jury list, pool or panel, irrespective of whether the person has been identified by number or name or otherwise. Clause 14 contains a transitional provision that clarifies that the amendments in Part 2 of the Bill apply to trials in which the juries are empanelled after this Part commences. 5

 


 

Part 3--Appeals amendments Division 1--Appeal costs Clause 15 substitutes "party and party" with "standard" in section 5(1)(b) of the Appeal Costs Act 1998. This amendment allows the Appeal Costs Board to assess costs on a standard basis (rather than a party and party basis), consistent with the vast majority of civil proceedings. Clause 16 amends section 6(1) of the Appeal Costs Act 1998 to require the appellant to have taken reasonable steps to obtain payment from the respondent, instead of requiring the appellant to prove matters regarding the financial capacity or intention of the respondent. Reasonable steps are those which, under ordinary circumstances and with regard to expense and difficulty, could be reasonably required to obtain payment from the respondent. For example, depending on the quantum of the appellant's costs, taking enforcement proceedings through the court system may not be reasonably required. Clause 17 substitutes "party and party" with "standard" in section 7(2)(a) of the Appeal Costs Act 1998, to align with the amendments made by clause 15. Clause 18 substitutes "party and party" with "standard" in section 8(2)(b) of the Appeal Costs Act 1998, to align with the amendments made by clause 15. Clause 19 amends section 9(1) of the Appeal Costs Act 1998 to require the respondent to have taken reasonable steps to obtain payment from the appellant, instead of requiring the respondent to prove matters regarding the financial capacity or intention of the appellant. Clause 20 inserts "thrown away" after "own costs" in section 10(3) of the Appeal Costs Act 1998 to clarify that the provision only covers costs that are thrown away as the result of the discontinuance of hearing that the Appeal Costs Board considers to have been reasonably incurred. 6

 


 

Clause 21 substitutes "party and party" with "standard" in section 12(1)(b) of the Appeal Costs Act 1998, to align with the amendments made by clause 15. Clause 22 amends section 13(1) of the Appeal Costs Act 1998 to require the defendant to have taken reasonable steps to obtain payment from the plaintiff, instead of requiring the defendant to prove matters regarding the financial capacity or intention of the plaintiff. Clause 23 inserts "thrown away" after "own costs" in section 16(3) of the Appeal Costs Act 1998 to clarify that the provision only covers costs that are thrown away as a result of the discontinuance of hearing that the Appeal Costs Board considers to have been reasonably incurred. Clause 24 amends section 22(1) of the Appeal Costs Act 1998 to include the position of deputy chairperson in the Appeal Costs Board. Clause 25 amends section 28 of the Appeal Costs Act 1998, which relates to meetings of the Appeal Costs Board. Subclause (1) amends section 28(1) and (4) to provide that, in the chairperson's absence, the deputy chairperson has the powers and obligations of the chairperson. Subclause (2) substitutes a new section 28(7) of the Appeal Costs Act 1998 to provide that the Appeal Costs Board may conduct its meetings in any manner it thinks fit and regulate its own proceedings, subject to the requirements of Part 5 of that Act and any regulations made under that Act. Clause 26 inserts a new section 31A in the Appeal Costs Act 1998 to set out the scope of indemnity certificates. New section 31A(1) provides that an indemnity certificate may be expressed as applying to limited on specific costs of an appeal or trial, at the court's discretion. This would allow the Court to limit the scope of an indemnity certificate in appropriate circumstances, for example, to reflect conduct at trial, which may fall short of the egregious level of conduct which would cause the Court to refuse an indemnity certificate. 7

 


 

New section 31A(2) provides that, without limiting new section 31A(1), an indemnity certificate that may be expressed as-- • applying or not applying to a part of an appeal or a trial, as stated in the certificate; • applying or not applying in respect of the fees of a particular legal practitioner or legal practice; • applying or not applying to a specified item in a scale of costs; • applying to a limited time period; and • any combination of the above. New section 31A(3) provides that, if an indemnity certificate contains no written limitation or specifications, it is taken to apply without limitation, subject to the Appeal Costs Act 1998. Clause 27 inserts new section 35E(3) in the Appeal Costs Act 1998 to codify the "in the interest of justice" test outlined in Kane Johnson v Appeal Costs Board [2014] VSC 313 to provide further guidance and clarity to applicants and the Appeal Costs Board. Section 35E(3) provides that, when the Appeal Costs Board considers whether it is in the interest of justice to assess and determine late application for payment under section 35D of the Appeal Costs Act 1998, as if the indemnity certificate had not expired, the Appeal Costs Board must have regard to a number of factors. These factors include-- • whether the negotiations between the applicant and the other party regarding the settlement, taxation or payment of costs were progressed with reasonable expedition; • the actions of the applicant and the applicant's legal practitioner; • the consequences of granting or not granting an extension, including financial implications; and • whether it is fair and equitable in the circumstances to consider the late application for payment. 8

 


 

Clause 28 amends section 37 of the Appeal Costs Act 1998 to restrict appeals against the grant or refusal of an indemnity certificate that is limited in accordance with new section 31A of that Act. The amendment ensures that the appeal restrictions that apply to the grant or refusal of an indemnity certificate are consistent, whether the scope of the indemnity certificate is limited in accordance with new section 31A, or not limited in scope under the Appeal Costs Act 1998. Clause 29 provides that it is the intention of new section 37(3) of the Appeal Costs Act 1998 to alter or vary section 85 of the Constitution Act 1975. Section 85 of the Constitution Act 1975 sets out the powers and jurisdiction of the Supreme Court of Victoria and new section 40(2) reflects the procedural requirements of section 85(5) of that Act. Clause 30 inserts new section 47, a transitional provision, in the Appeal Costs Act 1998. New section 47 provides that the following would apply to an application that is made to the Board after the commencement of those clauses, whether the relevant indemnity certificate was granted before, on or after the coming into operation of the applicable clause or clauses-- • amendments made by clauses 15, 17, 18 and 21 (in relation to assessment of costs on standard basis); • amendments made by clauses 16, 19 and 22 (in relation to requiring the defendant to have taken reasonable steps to obtain payment from the other party); and • amendments made by clause 27 (in relation to factors that the Appeal Costs Board must consider when assessing and determining an late application for payment under section 35D of the Appeal Costs Act 1998). For example, the Appeal Costs Board will be able to assess the plaintiff's own costs of the proceedings under section 12(1)(b) of the Appeal Costs Act 1998 on a standard basis after clause 21 comes into operation, even if the relevant indemnity certificate was granted before the coming into operation of clause 21. 9

 


 

Division 2--Civil appeals from VCAT Clause 31 amends section 148 of the Victorian Civil and Administrative Tribunal Act 1998, which concerns appeals from the Tribunal to the Trial Division of the Supreme Court or the Court of Appeal. The clause amends provisions which were displaced by the civil appeals regime introduced in the Supreme Court Act 1986 in 2014, and harmonises other provisions with the civil appeals regime. Subclause (1) clarifies that appeals from the Tribunal to the Court of Appeal are governed by the general civil appeals regime in sections 14A to 14D of the Supreme Court Act 1986. Subclauses (2) and (4) amend those provisions in section 148 to the extent those provisions purported to apply to Tribunal appeals to the Court of Appeal, as they overlap with the civil appeals regime in sections 14A to 14D of the Supreme Court Act 1986. The amendments made by subclauses (2) and (4) clarify that these provisions only apply to appeals from the Tribunal to the Trial Division of the Supreme Court. Further, the time limit for applying for leave to appeal to the Trial Division has been amended, so that Supreme Court Rules, including provisions concerning vacation closure periods, apply when calculating time, consistent with the civil appeals regime in the Court of Appeal. Subclause (3) amends the test for leave to appeal from the Tribunal to the Trial Division of the Supreme Court. The test is now consistent with the test for leave to appeal under the civil appeals regime. As a result of the amendment, the test for the grant of leave to appeal from Tribunal orders, whether to the Trial Division of the Supreme Court or the Court of Appeal, will be the "real prospect of success" test. Clause 32 provides that new section 148(2A) of the Victorian Civil and Administrative Tribunal Act 1998, which provides the "real prospect of success" test for leave to appeal for Tribunal appeals to the Trial Division of the Supreme Court, applies to applications for leave to appeal made after that subsection commences. 10

 


 

Division 3--Civil appeals from County Court Clause 33 amends section 74 of the County Court Act 1958, which concerns appeals in civil proceedings from the County Court to the Court of Appeal. Subclause (1) clarifies that these appeals from the County Court to the Court of Appeal are governed by the civil appeals regime, introduced in 2014 under sections 14A to 14D of the Supreme Court Act 1986. Subclause (2) repeals those provisions in section 74 of the County Court Act 1958 which overlap with the civil appeals regime under sections 14A to 14D of the Supreme Court Act 1986 and the accompanying court rules. Part 4--Land acquisition and compensation amendments Part 4 of the Bill amends provisions in Part 10 of the Land Acquisition and Compensation Act 1986 to-- • increase the amount in dispute in section 81(1)(a) and (b) of the Land Acquisition and Compensation Act 1986 from $50 000 to $400 000, to take into account increases in property values since enactment; • repeal section 81(1)(c) but empower the Tribunal and the Supreme Court to transfer proceedings between them; • extend the power in section 96 of the Land Acquisition and Compensation Act 1986 to also apply to the Tribunal. These amendments will apply to the determination of disputed claims under Part 10 of the Land Acquisition and Compensation Act 1986, and to any claims to which Part 10 of that Act applies. Clause 34 increases the amount in dispute in section 81(1)(a) and (b) of the Land Acquisition and Compensation Act 1986 from $50 000 to $400 000, and repeals section 81(1)(c). Accordingly, subject to the transfer of a proceeding or a part of the proceeding under the new section 84A, disputed claims with an amount in dispute not exceeding $400 000 will be determined by the Tribunal, while the claimant (or otherwise, the authority) is able to elect to go to either the Tribunal or the Supreme Court for those claims with amounts in dispute exceeding $400 000. 11

 


 

Clause 35 replaces the heading in section 84 of the Land Acquisition and Compensation Act 1986, so that it better reflects the provision (which has not been changed). Clause 36 inserts a new section 84A in the Land Acquisition and Compensation Act 1986, which empowers the Tribunal and the Supreme Court to transfer a proceeding or a part of the proceeding, on the Court's or the Tribunal's own initiative or on application of a party. While section 81 of the Land Acquisition and Compensation Act 1986 will primarily guide the forum in which a disputed claim will be determined, occasionally there may be other factors which make it desirable for the Tribunal or the Supreme Court to transfer a proceeding or a part of a proceeding between the 2 forums. For example, a proceeding may be transferred to the other forum, if there is an associated matter in the other forum, or a proceeding may be transferred from the Tribunal to the Supreme Court, even if it is only a small amount in dispute, if the disputed claim gives rise to a question on the proper construction of the legislation. New subsection (1) provides that the Supreme Court may order the transfer of a proceeding from the Court to the Tribunal, or from the Tribunal to the Court. New subsection (2), read with new subsection (3), provides that the President of the Tribunal or a member nominated by the President, may order the transfer of a proceeding from the Tribunal to the Supreme Court. New subsection (4) provides that a party may apply for the transfer of a proceeding, or that the Tribunal or Supreme Court may make a transfer order on their own motion. Whether on application or on its own motion, the Tribunal or Supreme Court (whichever is relevant) must consider the views of the parties before making a transfer order, as well as the other considerations listed in new subsection (5). New subsection (6) provides that, along with the transfer order, the Tribunal or Supreme Court (whichever is relevant) may make any other order it considers necessary, pending the transfer. New subsection (7) restricts appeals against transfer orders. 12

 


 

Clause 37 amends section 96 of the Land Acquisition and Compensation Act 1986 to extend the power to nominate a valuer to also apply to the Tribunal. Clause 38 makes a consequential amendment to section 97 of the Land Acquisition and Compensation Act 1986 upon the Tribunal also being empowered to nominate a valuer. Clause 39 inserts new section 109A in the Land Acquisition and Compensation Act 1986 to provide that it is the intention of section 81, as amended by the Bill, and section 84A of the Land Acquisition and Compensation Act 1986 to alter or vary section 85 of the Constitution Act 1975. Section 85 sets out the powers and the jurisdiction of the Supreme Court of Victoria and new section 109A reflects the procedural requirements of section 85(5) of that Act. Clause 40 inserts new section 111 in the Land Acquisition and Compensation Act 1986, which is a transitional provision. New subsection (1) provides that, subject to subsection (2), section 81 of the Land Acquisition and Compensation Act 1986 as in force immediately before its amendment by the Bill continues to apply to disputed claims commenced but not yet determined before the amendment comes into operation. New subsection (1) clarifies that these amendments do not prevent the Tribunal or Supreme Court from determining a disputed claim that was validly before the Tribunal or Supreme Court before the commencement of these amendments. New subsection (2) provides, in effect, that the new section 84A of the Land Acquisition and Compensation Act 1986 applies to disputed claims that were not determined under section 81 prior to the commencement of section 84A, even if the application or referral of the disputed claim was made prior to the commencement of section 84A. Part 5--Postal delivery amendments Clause 41 amends section 141(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998, which concerns the presumed time frame for the service of documents by post. 13

 


 

Section 141 applies for the purposes of the Victorian Civil and Administrative Tribunal Act 1998 only and sets out the time frames by when service is presumed to have occurred according to the different methods of service. The current section 141(1)(b) presumes that a document is served 2 business days after the day of posting. Clause 41 substitutes the current section 141(1)(b) with a new provision which presumes that service occurs in the ordinary course of post unless the rules provide otherwise. The new provision accommodates the spread of postal delivery time frames, which vary according to the type of postal service and the origin and destination of the delivery. For example, the Australian Postal Corporation (Performance Standards) Regulations 1998 of the Commonwealth currently set out performance standards for certain letters delivered by "priority" service or "regular" service, with a postal timetable within those regulations. Australia Post, in its annual reports, has reported its compliance with the prescribed standards. The Commonwealth performance standards will be relevant to determining the ordinary course of post for those documents to which the performance standards apply. A party also has the opportunity to disprove the time frame within which service is presumed to have occurred. Clause 42 amends Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 to expressly provide that the Tribunal has the power to make rules on service by post. Clause 43 amends section 125(5) of the Confiscation Act 1997 to substitute the reference to "5 days" with "14 days", to provide sufficient time to register sealed interstate orders. Part 6--Court security amendments Clause 44 amends the definition of authorized officer in section 2 of the Court Security Act 1980 to reflect changes made by clause 45 of the Bill to section 2A of that Act to enable the Chief Executive Officer of Court Services Victoria to appoint certain authorized officers. 14

 


 

The clause also amends the definition of contractor in section 2 of the Court Security Act 1980 to reflect changes made by clause 47 of the Bill to section 2C of that Act that enables Court Services Victoria to enter into agreements for the provision of court security services. The clause also inserts a new definition of Chief Executive Officer of Court Services Victoria that means the person appointed under section 22 of the Court Services Victoria Act 2014. The clause inserts a new definition of Victims of Crime Assistance Tribunal (VOCAT) that means the Victims of Crime Assistance Tribunal established by Part 3 of the Victims of Crime Assistance Act 1996. Clause 45 substitutes existing section 2A of the Court Security Act 1980. Proposed section 2A(1) empowers the Chief Executive Officer of Court Services Victoria to appoint a person as an authorized officer in accordance with section 2A in relation to Victorian courts (i.e. Supreme, County, Magistrates', Children's and Coroners Courts), the Victorian Civil and Administrative Tribunal (VCAT) and the VOCAT (noting the Victorian courts, VCAT and VOCAT are defined as courts under section 2 of the Act). Proposed section 2A(1) provides for Court Services Victoria to appoint authorized officers for each Victorian court, VCAT or VOCAT, rather than the current process where the chief executive officer or clerk of each Victorian court, VCAT or VOCAT is empowered to appoint authorized officers for the respective Victorian court, VCAT or VOCAT. Proposed section 2A(2) provides that, for the other entities defined as courts under section 2 of the Court Security Act 1980 (i.e. a tribunal, body or person prescribed for the purposes of section 2(1)(h) of the definition of court in section 2 of the Act), the chief executive officer or a clerk of that tribunal, body or person may appoint authorized officers in accordance with section 2A in relation to that tribunal, body or person. Proposed section 2A(3) provides that before appointing a person as an authorized officer under section 2A(1) or (2), the relevant decision maker, as defined in section 2A(4), must be satisfied that the person-- 15

 


 

• is competent to exercise the functions conferred on an authorized officer by or under the Act; and • is of good repute, having regard to character, honesty and integrity; and • has agreed in writing to exercise the functions conferred on an authorized officer by or under the Act. Proposed section 2A(4) provides that a relevant decision maker for the purpose of section 2A means the Chief Executive Officer of Court Services Victoria in relation to a court referred to in section 2A(1), or the chief executive officer or a clerk in relation to a tribunal, body or person referred to in section 2A(2). Section 41(1)(b) of the Interpretation of Legislation Act 1984 operates to enable the relevant decision maker, as defined by proposed section 2A(4), to revoke the appointment of an authorized officer that the decision maker has appointed under section 2A. Clause 46 amends section 2B(1) of the Court Security Act 1980 to provide that the Chief Executive Officer of Court Services Victoria must issue an identity card to each authorized officer the Chief Executive Officer appoints. Clause 46 also makes a consequential amendment to section 2B(2)(c) to reflect that the person who issues the identity card under subsection (1) must sign the card. Clause 47 substitutes section 2C of the Court Security Act 1980. Proposed section 2C(1) provides that Court Services Victoria may, subject to the Financial Management Act 1994 and its regulations, enter into an agreement for or on behalf of the Crown with a person or body for the provision of court security services to Victorian courts, VCAT and VOCAT. Proposed section 2C(2) provides that the chief executive officer of a tribunal, body or person prescribed for the purposes of section 2(1)(h) of the definition of court in section 2 of the Act may, subject to the Financial Management Act 1994 and its regulations, enter into an agreement for or on behalf of the Crown with a person or body for the provision of court security services to these entities. 16

 


 

Clause 48 amends section 2D(d) of the Court Security Act 1980, which sets out the matters to be included in an agreement under section 2C of that Act, to reflect that Court Services Victoria is empowered to enter into agreements under section 2C. Clause 49 amends section 3 of the Court Security Act 1980 to insert new powers for authorized officers. Clause 8(1) inserts a proposed new section 3(2A) that provides that, subject to any limitations or restrictions provided by the rules of a court, an authorized officer may give certain directions, and escort a person to and from court premises with the person's consent. Proposed section 3(2A)(a) provides that an authorized officer 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. For example, this power would enable an authorized officer to give a reasonable direction to a person on court premises to cease harassing or intimidating another court user, behaving violently or damaging property. Proposed section 3(2A)(b) provides that an authorized officer may escort a person to or from court premises if that person has consented to being escorted by the officer. Proposed section 3(2A)(c) provides that an authorized officer 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 ensuring the safety of the person or the authorized officer. Proposed sections 3(2A)(b) and (c) will enable authorized officers to ensure the safety of vulnerable court users attending court. For example, it will enable an authorized officer to escort a court user to and from their transport, and to direct another person to move away from the vicinity of the court user if the person is threatening the safety of the court user. Proposed section 3(2A)(d) provides that if an authorized officer reasonably suspects that a recording, transmission or publication of a proceeding that has been, or is being, made is not permitted by or under this Act or any other law, the officer may direct a person to do one or more than one of the following-- 17

 


 

• stop making the recording, transmission or publication; • permit an authorized officer to view the recording, transmission or publication on a device; • delete the unauthorised recording. The proposed power to respond to suspected unauthorised recordings, transmissions or publications is appropriate given the recording capabilities of smart phones. A note is inserted under proposed section 3(2A)(d) which refers to Acts that restrict when a recording, transmission or publication may be made. Clause 49(1) inserts proposed section 3(2B) which provides that, subject to section 3(2C), a person must not refuse to comply with a direction under subsection (2A). A penalty of 10 penalty units applies for this offence. Clause 49(1) also inserts proposed section 3(2C) which provides that a person does not commit an offence for not complying with a direction made pursuant to section 3(2A)(d) if the recording, transmission or publication is permitted by or under this Act or any other law. Clause 49(2) substitutes section 3(4) of the Act. Proposed section 3(4) clarifies the force that an authorised officer may use in the exercise of certain powers. Proposed section 3(4) provides that an authorised officer may use reasonable force to do any of the following-- • conduct a frisk search or scanning search under section 3(3); • enforcing a direction given to the person under section 3(2A) - for example to enable an authorized officer to intervene, with reasonable force, to stop a person contravening a direction not to approach another specified person in court; • prohibit a person from entering, or removing a person from, court premises under section 3(5) or 3(9); • seize prohibited items under section 3(6); 18

 


 

• ensure the safety of a person being escorted, or the safety of an authorized officer, when escorting a person under section 3(2A)(b). Clause 49(2) also inserts a new section 3(4A) to provide that 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. This amendment reflects an existing requirement in section 3(4) of the Court Security Act 1980, noting that section 3(4) is being substituted by the Bill. Clause 49(3) amends section 3(5) of the Court Security Act 1980 to enable an authorized officer to prohibit a person from entering the court premises or, if the person is on the court premises, remove the person from the court premises, if the person does not comply with a direction under proposed new section 3(2A) of the Court Security Act 1980. Clause 49(3) also removes the reference to an authorized officer exercising the power under section 3(5) "by reasonable force" as proposed new section 3(4) sets out the extent of force that may be used in the exercise of specific powers of authorized officers. Clause 49(4) inserts a new section 3(11) of the Court Security Act 1980 to provide that 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 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. The purpose of this provision is to ensure that a person is made aware at the appropriate time (before or immediately after an authorized officer gives a lawful demand, request or direction under section 3) that non-compliance with the demand, request or direction may constitute an offence. Clause 50 inserts a new section 8 into the Court Security Act 1980 to provide for transitional matters. Proposed new section 50(1) provides that 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. For instance, if an authorized officer was appointed by the 19

 


 

chief executive officer of the Magistrates' Court before the commencement of section 45 of the Act, then, on the commencement of section 45, the person is taken to be an authorized officer appointed by the chief executive officer of Court Services Victoria. Proposed new section 50(2) provides that on the commencement of section 47 of the Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, a court security agreement under section 2C that was in force immediately before the commencement of section 47 of that Act continues in force for the remainder of its term unless sooner terminated. Clause 51 amends section 8(a) of the Court Services Victoria Act 2014 to insert new subparagraph (vii) that refers to VOCAT. This amendment clarifies that a function of Court Services Victoria is to provide, or arrange for the provision of, the administrative services and facilities necessary or desirable to support the performance of the judicial, quasi-judicial and administrative functions of VOCAT. This amendment reflects Court Services Victoria's current practice in relation to VOCAT. Clause 52 amends section 25(1) of the Court Services Victoria Act 2014 to provide that the functions of the Chief Executive Officer of Court Services Victoria also includes any function conferred upon the Chief Executive Officer of Court Services Victoria by or under any other Act. The amendment clarifies that references in the Court Services Victoria Act 2014 to functions of the Chief Executive Officer include functions that are conferred under other Acts, including the Court Security Act 1980. This amendment will make it clear that the Chief Executive Officer of Court Services Victoria may delegate his or her functions under the Court Security Act 1980 pursuant to section 28 of the Court Services Victoria Act 2014. Part 7--Legal profession amendments Clause 53 amends section 44 of the Legal Profession Uniform Law Application Act 2014 (the Application Act) to provide for the delegation to the Victorian Bar (the Bar) of the new power, under section 88(1) of the Application Act (clause 55 of the Bill), for the Victorian Legal Services Board (the VLSB) to approve a natural person to receive trust money as per that section. The intention is to provide the VLSB with the power 20

 


 

to delegate its new function under section 88(1) of the Application Act to the Bar, but not its new powers to suspend or revoke that approval pursuant to new section 88A. Subclause (1) substitutes the reference in section 44(1) to "subsection (2)" for "subsections (1A) and (2)". This substitution reflects the new power of the VLSB, inserted by new section 44(1A), to delegate its new function of approving a natural person to receive trust money under section 88(1) of the Application Act. The effect of the substitution is that the Board's power under section 88(1) cannot be delegated under section 44(1) to the entities specified at paragraphs (a) to (e) of that subsection. Subclause (2) inserts new section 44(1A) into the Application Act. It provides that the VLSB may delegate to the Bar its new power under section 88(1) of the Application Act to approve a natural person to receive trust money as described in that section. Subclause (3) inserts new paragraph (ba) into section 44(2) to provide that the VLSB cannot delegate its new function under new section 88A of the Application Act to suspend or revoke the approval of a natural person to receive trust money under section 88(1). Clause 54 inserts new section 87A into the Application Act, to prohibit a person acting as an approved clerk without the approval of the VLSB under section 88(1). New section 87A(1) prohibits a person who is not an approved clerk from performing the functions of an approved clerk. Approved clerk is defined in section 3 of the Application Act to mean a person approved under section 88. (Note that Parts 4.2, 4.5 and Chapter 7 of the Legal Profession Uniform Law (Victoria), which relate to trust money and trust accounts, fidelity cover, and trust records examinations or investigations, apply to approved clerks by virtue of section 89 of the Application Act.) New section 87A(2) sets out three exceptions to the prohibition in subsection (1). An ADI that receives trust money deposited into an approved clerk's general trust account does not contravene the prohibition in subsection (1). Further, neither a law practice that receives trust money in accordance with section 150 of the Legal Profession Uniform Law (Victoria) nor a supervisor of trust money appointed to an approved clerk that receives money 21

 


 

in accordance with new section 89(2A) by virtue of that position will be in contravention of the prohibition in subsection (1). New section 87A(3) provides that Division 2 of Part 9.7 of the Legal Profession Uniform Law (Victoria) (the Uniform Law) applies to a contravention of new section 87A(1). Division 2 of Part 9.7 of the Uniform Law provides ancillary provisions relating to civil penalty provisions, including the meaning of a civil penalty, the steps for a designated local regulatory authority (the VLSB) to apply to the designated tribunal for orders that a person pay a pecuniary penalty for contravention of a civil penalty provision, and the interaction with any criminal proceedings. (Note that section 10 of the Application Act provides that the designated tribunal for the purposes of Division 2 of Part 9.7 of the Uniform Law is a court that would have jurisdiction to order payment of the pecuniary penalty if it were a debt.) New section 87A(4) provides that for the purposes of new section 87A(3), new section 87A(1) is a civil penalty provision, a contravention of which is punishable by an amount not exceeding 100 penalty units. Clause 55 amends section 88 of the Application Act to provide a process by which the VLSB may approve a natural person to receive trust 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. Subclause (1) substitutes the reference to the Bar in section 88(1) of the Application Act to a reference to the VLSB. This substitution changes the entity responsible for approving natural persons under section 88(1) from the Bar to the VLSB. Subclause (2) inserts new section 88(1A), (1B) and (1C) into the Application Act. New section 88(1A) imposes a condition on the power of the VLSB to approve a person under section 88(1). The VLSB must not approve a person unless it is satisfied that the person is a fit and proper person to receive trust money as described in that section. 22

 


 

New section 88(1B) provides a list of issues to which the VLSB may have regard in considering whether a person is "fit and proper" for the purposes of section 88(1A). These matters include-- • any bankruptcy-related event in relation to the person; • whether the person has been convicted of a serious offence or a tax offence; and • whether the person has contravened a list of other laws and rules that relate to the handling of trust money. The list of matters is non-exhaustive, so that the VLSB may also take into account other relevant matters. New section 88(1C) provides that the VLSB may consider a person to be a fit and proper person for the purposes of new section 88(1A), despite being the subject of an event, conviction or contravention referred to in new section 88(1B). The VLSB must be satisfied that such a decision is warranted in the circumstances. New section 88(1C) is intended to allow the VLSB to use its judgment to find that a person is fit and proper and can be approved to received trust money as referred to in section 88(1), despite a person's background. However, it underscores that the VLSB is required to satisfy itself that such a person is fit and proper. Subclause (3) amends section 88(2) to omit a requirement that pertained to the former power of the Bar to approve a person under section 88(1). The Bar was required to inform the VLSB of approvals that it made under section 88(1). Because the power to approve a natural person under section 88(1) will now belong to the VLSB, this requirement is redundant. Subclause (4) inserts new section 88(3) into the Application Act. It provides that, if the VLSB exercises its power under new section 44(1A), inserted by clause 53, to delegate the function of approving a natural person under section 88(1) to the Bar, the Bar must notify the VLSB in writing of an approval that it makes as soon as possible after the approval is made. This process is to ensure that the VLSB has a current record of all of the approved clerks in Victoria at all times. 23

 


 

Clause 56 inserts new sections 88A and 88B into the Application Act, for the purposes of providing the VLSB with the power to suspend or revoke an approval it has given under section 88(1); namely an approval that a person may receive trust money on account of legal costs of one or more barristers in advance of the provision of the legal services to which those costs relate. New section 88A(1) empowers the VLSB to revoke, or suspend for a specified period, an approval made under section 88(1) if the person requests the revocation or suspension in writing. It is intended that a person may write to the VLSB to request revocation or suspension, where the person no longer wishes to perform the function of an approved clerk or wishes to have their approved status suspended for a period. New section 88A(2) provides that a revocation or suspension is to be made by providing the person to whom it relates notice in writing. New section 88B(1) empowers the VLSB to revoke, or suspend for a specified period, an approval made under section 88(1) on its own motion. The grounds for revocation or suspension are if the relevant person is convicted of a serious offence or a tax offence, contravenes one of the laws or rules set out in new section 88(1B)(c) relating to trust money, or is the subject of a bankruptcy-related event. A further ground is if the Board reasonably believes that the person is no longer fit and proper. New section 88B(2) provides for notice to be provided to a person whose approval the VLSB considers should be revoked or suspended under new section 88B(1), before any such revocation or suspension occurs. This section is intended to provide a person who is the subject of a proposed revocation or suspension the opportunity to put their case. The VLSB is to provide the person with a notice in writing setting out the following-- • that the VLSB proposes to take the action in question (revocation or suspension) and the grounds for the proposed action; • if the proposed action is suspension, the proposed period of suspension; • an invitation for the person to respond in writing within a period of not less than 7 days or more than 28 days as to why the proposed action should not be taken. 24

 


 

New section 88(1B)(3) provides that the VLSB must not revoke or suspend a person's section 88(1) approval unless notice has been provided in accordance with to section 88(1B)(2), the time for responding has expires, and the VLSB has taken any response into account. New section 88(1B)(4) provides that the VLSB must not revoke a section 88(1) approval if it has not given notice to the relevant person under new section 88(1B)(2). That notice must have stated that the VLSB proposed to revoke the person's approval. Conversely, new section 88(1B)(5) provides that the VLSB must not suspend an approval unless notice was provided under section 88(1B)(2); that notice can state that the VLSB proposed suspension or revocation. This section is intended to underscore that the VLSB must only revoke a section 88(1) approval where it has notified the relevant person that it proposed to take that specific action. On the other hand, if a notice informed a person that the VLSB proposed revocation, but the Board subsequently determines that the approval should only be suspended, which is a less serious step, the VLSB may suspend the approval. New section 88(1B)(6) provides that a revocation or suspension is to be made by notice in writing. Clause 57 applies Parts 6.1, 6.2, 6.3 and 6.6 of the Legal Profession Uniform Law (Victoria) to, and in relation to, approved clerks. The application of these Parts will allow the VLSB to appoint a supervisor of trust money to an approved clerk in order to protect trust money held by approved clerks. The intention is that this regime will correspond as closely as possible to that which applies to the appointment of a supervisor of trust money to a law practice, with necessary adaptations. Clause 57 inserts new section 89(2A) into the Application Act, to provide that Parts 6.1, 6.2, 6.3 and 6.6 apply to, and in relation to, approved clerks. These Parts are headed, respectively-- • Introduction; • Introduction of external intervention; • Supervisors of trust money; and • General provisions relating to the appointment of an external intervener. 25

 


 

Section 89(2A) includes adaptations of Parts 6.1, 6.2, 6.3 and 6.6 of the Legal Profession Uniform Law (Victoria), to apply those Parts to approved clerks. For example, new section 89(2A)(a) sets out definitions that apply to, and in relation to, approved clerks for the purposes of those Parts, including-- • affairs of an approved clerk, which is relevant to the limits of the role of a supervisor of trust money that might be appointed; • ceasing to be an approved clerk, which is relevant to the grounds for determining that the appointment of a supervisor of trust money is required; and • trust money, which means money received by an approved clerk on account of the legal costs of one or more barristers in advance of the provision of legal services to which those costs relate. Other adaptations effected by new section 89(2A) include to-- • provide that Parts 6.1, 6.2, 6.3 and 6.6 of the Legal Profession Uniform Law (Victoria) also apply to a former approved clerk in the same way as they apply to approved clerks (new section 87(2A)(j); it is appropriate to protect trust money that continues to be held by the former approved clerk; • provide the grounds for the appointment of a supervisor of trust money, including where an approved clerk has died, ceases to be an approved clerk, becomes insolvent under administration, is in prison, or in the opinion of the VLSB, has not dealt properly with trust money (new sections 89(2A)(l) and (n)); • set out the role of a supervisor of trust money appointed to an approved clerk, including that a supervisor's role is to be limited to the affairs of the approved clerk, and therefore not to involve supervision of other parts of the clerk's business (new sections 89(2A)(r) and (t)); 26

 


 

• provide that an act of a supervisor of trust money is to be taken to be an act of approved clerk. However, liability for the acts of a supervisor is to attach to the VLSB, as the appointer of the supervisor of trust money (new section 89(2A)(x)); and • provide that, in lieu of a client of a law practice whose interests may be affected, a barrister who has interest in money held by an approved clerk is defined to be an aggrieved person for the purposes of section 358 of the Legal Profession Uniform Law (Victoria) (new section 892A(y)). An aggrieved person may appeal to the Supreme Court against, or seek a review by the Supreme Court of, the appointment of a supervisor of trust money to an approved clerk. Section 358(2) sets out other classes that can constitute an aggrieved person. Clause 58 inserts new section 89A of the Application Act, to provide for review of a decision of the VLSB to refuse to grant, suspend or revoke an approval under section 88(1). Subsection (1) provides that a person may apply to VCAT for review of a decision of the VLSB not to grant the person approval under section 88(1). Further, subsection (2) provides that an approved clerk whose section 88(1) approval is revoked or suspended by the VLSB may apply to VCAT for review of the VLSB's decision. Subsection (3) provides that an application for review must be made within 28 days after the day on which the person is notified of the decision. Clause 59 provides for the making of rules for approved clerks. Subclause (1) amends section 90(1) of the Application Act to provide that the VLSB, not the Bar, may make rules for the receipt and handling of trust money and the keeping of trust records by approved clerks. Because it is the VLSB that will now have the power to approve clerks under section 88(1), and to suspend or revoke such approval, it is appropriate that the VLSB also make rules that apply to approved clerks' handling of trust money. Subclause (2) inserts new section 90(2A) to provide that Rules made under section 90 may modify the application of the Legal Profession Uniform Rules for the purposes of the 27

 


 

application of Parts 6.2, 6.3, and 6.6 of the Legal Profession Uniform Law (Victoria) to, and in relation to, approved clerks. New section 89(2A) of the Application Act, inserted by clause 57, applies Parts 6.1, 6.2, 6.3 and 6.6 of the Legal Profession Uniform Law (Victoria) to allow for the appointment of a supervisor of trust money to an approved clerk. Consequently, subclause (2) allows the VLSB to make rules that modify existing rules relating to the appointment of trust money supervisors, so that such rules also apply to approved clerks. Clause 60 makes transitional provisions by inserting new sections 183 and 184 into the Application Act. New section 183 provides that approvals under section 88(1) of the Application Act previously made by the Bar and that were in force before the commencement of clause 55 of the Bill remain in force after the commencement of clause 55. Such approvals are taken to be have been made by the VLSB under amended section 88(1). New section 184 provides that rules made by the Bar under section 90(1) of the Application Act before the commencement of clause 59 of the Bill, and that were in force immediately before the commencement of that clause, remain in force. Such rules are taken to have been made by the VLSB under amended section 90(1). Part 8--Minor technical amendments of natural resources legislation Clause 61 amends section 11AA of the Fisheries Act 1995 to insert a new section 11AA(3) which clarifies that for the purposes of section 11AA(1) a reference to that Act does not include a reference to the regulations and that section 11AA(1) does not prevent a provision of the regulations from applying an offence to the carrying out of an agreed activity under a natural resource agreement. This change is required to clarify provisions that currently prevent the Traditional Owner Settlement Amendment Act 2016 from operating as intended. This change will enable specified offences in regulations made under this Act to be applied to "agreed activities" under the Traditional Owner Settlement Amendment Act 2016. 28

 


 

Clause 62 amends section 3D of the Forests Act 1958 to insert a new section 3D(3) which clarifies that for the purposes of section 3D(1) a reference to that Act does not include a reference to the regulations and that section 3D(1) does not prevent a provision of the regulations from applying an offence to the carrying out of an agreed activity under a natural resource agreement. This change corresponds to that which is made to the Fisheries Act 1995 by clause 61 and is made for the same reason. Clause 63 amends section 4C of the Wildlife Act 1975 to insert a new section 4C(3) which clarifies that for the purposes of section 4C(1) a reference to that Act does not include a reference to the regulations and that section 4C(1) does not prevent a provision of the regulations from applying an offence to the carrying out of an agreed activity under a natural resource agreement. This change corresponds to that which is made to the Fisheries Act 1995 by clause 61 and is made for the same reason. Part 9--Other amendments Division 1--Children, Youth and Families Act 2005 Clause 64 amends section 589 of the Children, Youth and Families Act 2005 to explicitly provide that the Children's Court has the power to make rules for the return of warrants issued under the Children, Youth and Families Act 2005 or issued by the Children's Court under section 57 of the Magistrates' Court Act 1989 as applied by the Children, Youth and Families Act 2005. Division 2--Courts (Case Transfer) Act 1991 Clause 65 substitutes a new definition of designated judicial officer under section 3(1) of the Courts (Case Transfer) Act 1991 to include judicial registrars of the Supreme, County and Magistrates' Courts in the definition. The amendment will enable judicial registrars of these courts to be designated as designated judicial officers under that Act by the relevant head of jurisdiction. 29

 


 

Clause 66 amends section 30(1) of the Court (Case Transfer) Act 1991 by omitting the words "(constituted by a judge)", so that the Supreme Court or the County Court, whether constituted by a single judge or otherwise, may order the transfer of a proceeding to a lower court. Division 3--Judicial College of Victoria Act 2001 Clause 67 amends section 8 of the Judicial College of Victoria Act 2001, which relates to the Board of the Judicial College of Victoria. Subclause (a) amends section 8(1) of the Judicial College of Victoria Act 2001 to increase the number of directors of the Board of the Judicial College of Victoria from 6 to 8. Subclause (b) inserts section 8(1)(da) and (db) in the Judicial College of Victoria Act 2001 to provide that the additional directors of the Board of the Judicial College of Victoria will be-- • the President of the Children's Court of Victoria or another magistrate of that Court nominated by the President; and • the State Coroner or another coroner nominated by the State Coroner. Division 4--Judicial Entitlements Act 2015 Clause 68 amends section 12(1) of the Judicial Entitlements Act 2015 to explicitly state that section 12 of that Act applies to a Chief Magistrate. It clarifies that a Chief Magistrate is entitled to payment of accrued sabbatical and long service leave entitlements, not exceeding a period of 12 months, on resignation, retirement or death. Clause 69 amends section 13 of the Judicial Entitlements Act 2015 to explicitly state that section 13 of that Act does not apply to a Chief Magistrate. Division 5--Magistrates' Court Act 1989 Clause 70 amends section 16(1A) of the Magistrates' Court Act 1989 to explicitly provide that the Magistrates' Court has the power to make rules for the return to the Magistrates' Court of warrants issued under section 57 of the Magistrates' Court Act 1989. 30

 


 

Clause 71 repeals section 57(10) of the Magistrates' Court Act 1989, which imposed a requirement for an execution copy of a warrant once executed to be returned to the court. In the absence of this requirement, the Bill will confer an explicit rule-making power on the Magistrates' Court and Children's Court to make rules concerning the return of warrants to their courts. Division 6--Victorian Civil and Administrative Tribunal Act 1998 Clause 72 amends section 115C(1) to extend the statutory presumption for the reimbursement of fees to also apply to additional proceedings, namely proceedings under section 114, 120 or 149A of the Planning and Environment Act 1987. Clause 73 inserts a new section 171 in the Victorian Civil and Administrative Tribunal Act 1998, which is a transitional provision. The new section 171 provides that the amendment to section 115C(1) of the Victorian Civil and Administrative Tribunal Act 1998 made by the Bill applies from the commencement of that amendment to all proceedings in the Tribunal, irrespective of when those proceedings commenced. Part 10--Statute law revision and repeals Division 1--Statute law revision Clause 74 amends section 39(b) of the Appeal Costs Act 1998 to insert the missing word "to" between "not" and "be". Clause 75 amends section 184(2)(j) and (k) of the Australian Consumer Law and Fair Trading Act 2012 to correct punctuation errors. Clause 76 makes statute law revision amendments to the Confiscation Act 1997. Subclause (a) amends section 3(1)(a)(iiia) of the Confiscation Act 1997 to insert the missing word "or". Subclause (b) amends section 3(1)(b)(iv) of the Confiscation Act 1997 to insert the missing word "or". Clause 77 amends section 32(2)(b) of the Co-operatives National Law Application Act 2013 to omit the repeated word "the". 31

 


 

Clause 78 amends section 47(1)(m)(vii) and (3)(b) of the Corrections Act 1986 to insert the missing word "Act". Clause 79 makes statute law revision amendments to the County Court Act 1958. Subclause (1) amends sections 3AA(1A) and 14(9A) of the County Court Act 1958 to correct a reference to "Commonwealth Family Law Act 1975" and change it to "Family Law Act 1975 of the Commonwealth". Subclause (2) amends section 49A(3) of the County Court Act 1958 to modernise the spelling of "employé" (wherever occurring) by changing it to "employee". Subclause (3) amends section 89 of the County Court Act 1958 to insert the missing word "Act" after the word "(Amendment)". Clause 80 amends section 6(1) of the Court Security Act 1980 to modernise the spelling of "authorized" by changing it to "authorised". Clause 81 makes statute law revision amendments to the Crimes Act 1958. Subclause (1) amends section 31(2A) of the Crimes Act 1958 to correct a punctuation error in the definitions of custodial officer on duty and custodial officer. Subclause (2) amends the heading to section 621A of the Crimes Act 1958 to substitute the incorrect word "Bill" with "Act". Clause 82 makes statute law revision amendments to the Criminal Organisations Control Act 2012. Subclause (1) amends the definition of family member in section 3(1) of the Criminal Organisations Control Act 2012 to insert the missing word "the". Subclause (2) amends section 124J(3) of the Criminal Organisations Control Act 2012 to insert the missing word "section". Clause 83 amends sections 302A and 308(1)(b) of the Criminal Procedure Act 2009 to insert the missing word "the". 32

 


 

Clause 84 amends section 12(3)(b) of the Estate Agents Act 1980 to omit ", 45" which is a reference to a section which has been repealed. Clause 85 amends paragraph (b) of the definition of lawyer in section 117(1) of the Evidence Act 2008 to substitute the "an" for "a" to achieve grammatical sense. Clause 86 makes statute law revision amendments to the Gambling Regulation Act 2003. Subclause (1) amends section 3(1) of the Gambling Regulation Act 2003 to repeal the definition of related body corporate as it is not in the correct alphabetical order. Subclause (2) amends section 3(1) to re-insert the same definition of related body corporate into the Gambling Regulation Act 2003, and relying on section 39A of the Interpretation of Legislation Act 1984, the definition will be inserted in the correct order. Subclause (3) amends section 3.8A.16(1) of the Gambling Regulation Act 2003 to omit the repeated word "a". Subclause (4) amends Form 3 of Schedule 4 to the Gambling Regulation Act 2003 to omit the unnecessary word "the". Clause 87 makes statute law revision amendments to the Imperial Acts Application Act 1980. Subclause (a) amends section 1 of the Imperial Acts Application Act 1980 to change the punctuation after "Monopolies" given the succeeding words "Division 5-- Royal marriages" are to be omitted. Subclause (b) amends section 1 of the Imperial Acts Application Act 1980 by omitting the words "Division 5-- Royal marriages." because that Division has already been repealed. Clause 88 amends section 20 of the Interpretation of Legislation Act 1984 to insert a missing comma. Clause 89 amends section 66AD(3)(c) of the Liquor Control Reform Act 1998 to insert the missing word "supply" after "wholesale liquor". 33

 


 

Clause 90 amends sections 63A and 118A of the Private Security Act 2004 to correct a reference to "section 93F of the Fair Trading Act 1999" and change it to "section 47 of the Australian Consumer Law and Fair Trading Act 2012". The Fair Trading Act 1999 was repealed by the Australian Consumer Law and Fair Trading Act 2012. Clause 91 makes statute law revision amendments to the Residential Tenancies Act 1997. Subclause (1) amends section 516(f) of the Residential Tenancies Act 1997 to capitalise the word "council". Subclause (2) amends section 522(1) of the Residential Tenancies Act 1997 to capitalise the word "council". Subclause (3) amends section 524(2) of the Residential Tenancies Act 1997 to capitalise the word "council". Clause 92 amends section 42B(4)(a) of the Retirement Villages Act 1986 definition of authorised officer to correct a reference to "section 114 of the Fair Trading Act 1999" and change it to "section 142 of the Australian Consumer Law and Fair Trading Act 2012". The Fair Trading Act 1999 was repealed by the Australian Consumer Law and Fair Trading Act 2012. Clause 93 amends the heading to Subdivision (2) of Division 2 of Part 4 of the Sentencing Act 1991 to remove an unnecessary full stop. Clause 94 amends section 139A of the Supreme Court Act 1986 to insert the missing word "Act". Clause 95 makes statute law revision amendments to the Vexatious Proceedings Act 2014. Subclause (1) amends section 3 of the Vexatious Proceedings Act 2014 to remove the words "within the meaning of the Legal Profession Act 2004" from the definition of legal practitioner. The Legal Profession Act 2004 has been repealed. Subclause (2) amends section 9 of the Vexatious Proceedings Act 2014 to remove the words "within the meaning of the Legal Profession Act 2004". The Legal Profession Act 2004 has been repealed. Clause 96 amends section 20(5) of the Victoria Racing Club Act 2006 to remove an unnecessary space between "in" and "consistent". 34

 


 

Clause 97 amends the note at the foot of section 30(1) of the Working with Children Act 2005 to capitalise the word "section". Clause 98 amends section 28LI(1), (2)(a) and (3)(a) of the Wrongs Act 1958 to insert a missing full stop after "A.M.A". Division 2--Repeal of amending Act Clause 99 repeals the Bill on 1 May 2019. The repeal of the Bill does not affect the continuing operation of the amendment made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 35

 


 

 


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