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LEGISLATION REFORM (REPEALS NO. 3) BILL 2008

    Legislation Reform (Repeals No. 3) Bill
                     2008

                         Introduction Print

                  EXPLANATORY MEMORANDUM



                                Clause Notes
Clause 1    sets out that the main purpose of the Bill is to repeal spent Acts.

Clause 2    provides for the commencement of the Bill, which is to be the
            day after the day on which the Act receives the Royal Assent.

Clause 3    provides for the Acts listed in Schedule 1 to be repealed.

Clause 4    provides for the Road Safety Act 1986 to be amended as set out
            in Schedule 2. The amendment re-enacts the transitional
            application provision in section 18(1) of the Road Safety
            (Further Amendment) Act 1991 as the 1991 Act is to be
            repealed.

Clause 5    provides for the automatic repeal of this Act on the first
            anniversary of the day on which it receives the Royal Assent.
            Once the repeals and amendment made by this Act have taken
            effect, this Act will be spent.

                               SCHEDULE 1
                               Repeal of Acts
The Acts set out in Schedule 1 are spent or redundant--
The Acts to be repealed fall into 3 categories--
1           Spent Principal Acts
            The Principal Acts to be repealed are--
            1.1    The Metropolitan Gas Company's Act 1878 (No. 586)
                   This Act incorporated a company called "The Metropolitan
                   Gas Company". This company was the result of the

561182                                 1      BILL LA INTRODUCTION 16/4/2008

 


 

amalgamation of The City of Melbourne Gas and Coke Company, The Collingwood Fitzroy and District Gas and Coke Company and The South Melbourne Gas Company. This Act also provided for the powers and responsibilities of The Metropolitan Gas Company in respect of the execution of works and the supply of gas. The Metropolitan Gas Company was dissolved on 1 July 1951 under section 11 of the Gas and Fuel Corporation Act 1950. Section 11 was later re-enacted as section 12 of the Gas and Fuel Corporation Act 1958. The Gas and Fuel Corporation was the successor in law of The Metropolitan Gas Company. The Gas and Fuel Corporation has since been abolished. The Gas and Fuel Corporation Act 1958 has been repealed. The 1878 Act is redundant and can be repealed. 1.2 Bank of New South Wales Act 1926 (No. 3453) This Act repealed certain Acts relating to the Bank of New South Wales and declared that the Bank of New South Wales was deemed to be a company incorporated outside Victoria and applied section 270 of the Companies Act 1915 to that company. The Bank of New South Wales is now Westpac. Westpac has been consulted in relation to the repeal of the 1926 Act and have advised that as Westpac is now a company registered under the Corporations Act 2001 of the Commonwealth, the provision in the 1926 Act is no longer relevant to Westpac and can be repealed. 1.3 Farm Water Supplies Advances Act 1944 (No. 5020) This Act provided power for the Board of Land and Works to make advances to farmers by way of loans to enable them to obtain supplies of water for their farms. This Act was amended in 1946 to extend its application to drainage. The period of a loan could not exceed 10 years. No further advances were able to be made under the 1944 Act after the commencement in 1950 of Part III of the Rural Finance Corporation Act 1949 (see section 47 of the 1949 Act). The 1949 Act was re-enacted as the Rural Finance Act 1958 which was later replaced by the Rural Finance Act 1988. The 1944 Act is spent and can be repealed. 1.4 Winchelsea Coal Mine Act 1951 (No. 5557) This Act ratified agreements in connection with the Winchelsea Coal Mine. The term of each agreement was 5 years from 29 May 1951. This Act also provided for the payment for the purchase of land by the State. The provisions have taken effect. In accordance with the 2

 


 

Act and the agreements, title to the land set out in Parts A and B of Schedule 1 was granted to Winchelsea Coal Pty Ltd. A Mineral Lease of the land in Part C of Schedule 1 was granted to Winchelsea Coal Pty Ltd for the period of 15 years commencing 5 September 1955. The land subject to the lease is now Crown land. The ratified agreements are at an end. The 1951 Act is spent and can be repealed. 1.5 Bread Industry Act 1959 (No.6529) This Act regulated the Bread Industry in Victoria. The Victorian Competition and Efficiency Commission (VCEC) reviewed this Act in 2007 as part of its report Simplifying the Menu: Food Regulation in Victoria. VCEC recommended the repeal of this Act as it is no longer enforced and the Trade Practices Act 1974 of the Commonwealth now protects competition in that industry. In its response to this recommendation in January 2008, the Government agreed that this Act is redundant and can be repealed. 1.6 Planning Authorities Repeal Act 1994 (No. 118/1994) This Act provided for the abolition of the Loddon- Campaspe Regional Planning Authority and the Upper Yarra Valley and Dandenong Ranges Authority and the appointment of an administrator to wind up the affairs of each Authority. The 1994 Act then provided for the repeal of the Loddon-Campaspe Regional Planning Authority Act 1987 and the Upper Yarra Valley and Dandenong Ranges Authority Act 1976, the transfer of assets and liabilities to the State and for each administrator to cease to hold office. The 1994 Act also amended the Planning and Environment Act 1987 to insert a new Part 3A dealing with the Upper Yarra Valley and Dandenong Ranges Regional Strategy Plan. The 1994 Act is wholly in operation. The abolition of each Authority and the repeal of each Act have taken effect. The administrators have ceased to hold office. The provisions amending the Planning and Environment Act 1987 have taken effect and are now spent. The 1994 Act can be repealed. 1.7 Federal Awards (Uniform System) Act 2003 (No. 18/2003) Section 2(3) provides that a proclamation must not be made under section 2(1) bringing Parts 2, 3, 4 or 6 into operation if section 52 has been proclaimed to come into operation. Section 52 amended the Commonwealth Powers (Industrial Relations) Act 1996. 3

 


 

Parts 2, 3, 4 and 6 cannot be proclaimed as a proclamation has been made that brought section 52 into operation. (Sections 1(a), 2, 50, 51, 52 and 53 came into operation on 17 December 2003). Sections 50 to 53 have since been repealed. Part 1 contains formal provisions and definitions which are no longer required. This Act is redundant and can be repealed. 1.8 The following Appropriation Acts-- Appropriation (2005/2006) Act 2005 (No. 26/2005) Appropriation (Parliament 2005/2006) Act 2005 (No. 27/2005) New appropriation Acts are enacted each year. These Appropriation Acts are spent in their operation and can be repealed. 2 Spent Amending Acts with transitional or substantive provisions The Bill repeals the following amending Acts that contain transitional, saving or validation provisions or substantive provisions. The amendments or repeals made by the Acts are wholly in operation and have amended or repealed the provisions of Acts they were enacted to amend or repeal. The transitional and saving provisions are no longer required because of the passage of time and subsequent enactments since the Acts were enacted. The substantive provisions are no longer required because they have taken effect or are spent or redundant. Any residual or continuing effect of the transitional and saving provisions and the effect of the validation provisions will be saved by section 14 of the Interpretation of Legislation Act 1984-- 2.1 Gas and Fuel Corporation Act 1972 (No. 8318) This Act amended the Gas and Fuel Corporation Act 1958 (which has since been repealed) to increase the borrowing powers of the Gas and Fuel Corporation of Victoria and in relation to the duties of its directors and officers. The act also amended the Gas Franchises Act 1970 (which has since been repealed). Section 5 is a substantive provision which provided for the dissolution of the Geelong Gas Company and the Queenscliffe Gas and Coke Company Ltd on a proclaimed day and for transitional provisions as a result of that dissolution. The proclaimed day was 1 January 1974. Section 5 is now spent. The transitional provisions have taken effect. 4

 


 

The Gas and Fuel Corporation of Victoria has since been dissolved. Any residual effect of the transitional provisions will be saved by section 14 of the Interpretation of Legislation Act 1984. The 1972 Act can be repealed. 2.2 Town and Country Planning (Transfer of Functions) Act 1985 (No. 10187) This Act amended the Town and Country Planning Act 1961 (which has been repealed) and the Melbourne and Metropolitan Board of Works Act 1958 (which has been repealed) to provide for the transfer of planning functions from the Melbourne and Metropolitan Board of Works (MMBW) (which has since been abolished) to the Minister for Planning and Environment. It made consequential amendments to other Acts. The amending provisions have taken effect and are spent. This Act contains transitional provisions in Divisions 3 and 4 of Part II and Parts IV and V. Division 3 of Part II contains transitional provisions relating to the transfer of the planning functions to the Minister. These provisions are now spent. Division 4 of Part II contains transitional and saving provisions relating to planning schemes and local development schemes. These provisions are now spent. Part IV provides for the transfer of certain staff of the MMBW to the public service. Sections 47 to 51 (dealing with superannuation and like schemes) have already been repealed. The transfer of staff has taken effect. Section 52 saves the age of retirement of certain transferred officers. Part V provides for transitional provisions relating to land of the MMBW. These provisions are now redundant. Any residual effect of the saving and transitional provisions will be saved by section 14 of the Interpretation of Legislation Act 1984. The 1985 Act can be repealed. 2.3 Town and Country Planning (Miscellaneous Provisions) Act 1986 (No. 67/1986) This Act amended the Town and Country Planning Act 1961 (which has since been repealed). The amending provision is in operation and is now spent. Section 3 is a substantive provision which empowered the Melbourne City Council to forgo its entitlement to costs and to make payments towards the other parties' costs and disbursements in a 1986 case in the Victorian Supreme Court. This provision is no longer required. The 1986 Act can be repealed. 5

 


 

2.4 Bayside Project (Amendment) Act 1989 (No. 85/1989) This Act amended the Bayside Project Act 1988. The amending provisions (except section 7) are in operation and are now spent. Section 7 has not come into operation and is ineffective as section 34 which it was to amend has been repealed. Sections 4(2) and 4(3) were substantive provisions which were repealed by Act No. 52/1998. Section 8(4) is a transitional provision continuing the application of sections 6(6) to 6(11) (relating to the sale of land) of the existing Act to certain land despite their repeal. Any residual effect of the transitional provision will be saved by section 14 of the Interpretation of Legislation Act 1984. The 1989 Act can be repealed. 2.5 Police Regulation (Further Amendment) Act 1990 (No. 42/1990) This Act amended the Police Regulation Act 1958. The amending provisions have taken effect and are now spent. Sections 4(8) and 4(9) are transitional provisions that relate to the Police Service Board. That Board has been abolished and sections 4(8) and 4(9) are redundant. Sections 6(2), 6(3) and 6(4) provide for the repeal of the Pensions Supplementation Act 1966 and the transfer of assets, liabilities and responsibilities to the State Superannuation Board. The repeal has taken effect. The transfer of assets and liabilities has taken effect. Section 6(3) conferred powers on the Super Board. These powers are no longer be required. Section 6(4) is a transitional reference provision which will be saved by section 14 of the Interpretation of Legislation Act 1984. The 1990 Act can be repealed. 2.6 Subdivision (Miscellaneous Amendments) Act 1991 (No. 48/1991) This Act amended the Subdivision Act 1988 and other Acts in relation to the subdivision of land and the creation, variation and removal of easements and restrictions over land. The amending provisions are in operation and are spent. The Act contains transitional provisions. Any residual or continuing effect of the transitional provisions will be saved by section 14 of the Interpretation of Legislation Act 1984. The 1991 Act can be repealed. 6

 


 

2.7 Road Safety (Further Amendment) Act 1991 (No. 89/1991) This Act amended the Road Safety Act 1986. The amending provisions have taken effect and are now spent. Section 16 was never proclaimed and was repealed by Act No. 44/2003. Section 18 contains transitional provisions. Section 18(1) is to be re-enacted by Schedule 2 of the Bill as section 103(11A) of the Road Safety Act 1986. Section 18(2) is a transitional application provision ensuring that the amendment made by section 13 of the 1991 Act relating to notice of hearings would only apply to hearings commencing 28 days or more after the commencement of section 13 of the 1991 Act. This provision is now spent. The 1991 Act can be repealed. 2.8 Subdivision (Amendment) Act 1993 (No. 57/1993) This Act amended the Subdivision Act 1988, the Sale of Land Act 1962 and the Transfer of Land Act 1958. The amending provisions have come into operation and are now spent. Part 5 contains transitional provisions. Any continuing effect of these transitional provisions will be saved by section 14 of the Interpretation of Legislation Act 1984. The 1993 Act can be repealed. 2.9 Borrowing and Investment Powers (Amendment) Act 1993 (No. 99/1993) This Act amended the Borrowing and Investment Powers Act 1987 to provide for certain guarantees, indemnities and covenants by the Treasurer in respect of certain economic development projects, and to provide further for borrowing and investment powers of certain statutory bodies. Part 5 contains a number of consequential amendments to other Acts. The amending provisions have come into operation and are now spent. Sections 24 and 25 are saving and transitional provisions relating to investment and borrowing by certain public bodies and existing Government guarantees. Any continuing effect of these transitional provisions will be saved by section 14 of the Interpretation of Legislation Act 1984. The 1993 Act can be repealed. 7

 


 

2.10 Road Safety (Amendment) Act 1995 (No. 7/1995) This Act amends the Road Safety Act 1986, the Marine Act 1988 and the Transport Act 1983 in relation to places at which blood samples may be taken from persons involved in an accident. The amending provisions have taken effect and are now spent. Section 6 deems certain places to be designated places for the purposes of section 56 of the Road Safety Act 1986. This provision has taken effect and is now redundant. Section 7 saves the rights of the parties in a particular proceeding. Any residual effect of the saving provision will be saved by section 14 of the Interpretation of Legislation Act 1984. The 1995 Act can be repealed. 2.11 Public Prosecutions (Amendment) Act 1995 (No. 36/1995) This Act amended the Public Prosecutions Act 1994 to (among other things) extend the term of appointment of various positions. The amendments made by this Act have all taken effect and the amending provisions are spent. The Act contains a transitional provision in section 11. Section 11 empowered the Governor in Council to extend the term of certain existing office holders at their request. This provision is now spent. No relevant office holder at the commencement of the 1995 Act still holds that office. The 1995 Act can be repealed. 2.12 Building (Amendment) Act 1996 (No. 39/1996) This Act amended the Building Act 1993 to transfer and amend laws relating to regulation of plumbers, gasfitters and drainers from the Building Control (Plumbers, Gasfitters and Drainers) Act 1981, the Water Act 1989 and the Water Industry Act 1994 to the Building Act 1993. This Act made consequential amendments to the Water Act 1989 and the Water Industry Act 1994 and repealed the Building Control (Plumbers, Gasfitters and Drainers) Act 1981. The amending and repeal provisions have come into operation and are now spent. Section 14 is a transitional provision providing for inspection by the Plumbing Industry Board of work done in pursuance of permissions or consents obtained under the Water Act 1989. Part 3 contains transitional and savings provisions consequent on the repeal of the Building Control (Plumbers, Gasfitters and Drainers) Act 1981. Any continuing effect of these transitional and saving provisions will be saved by section 14 of the 8

 


 

Interpretation of Legislation Act 1984. The 1996 Act can be repealed. 2.13 Gas Industry Acts (Amendment) Act 1998 (No. 91/1998) This Act amended the Gas Industry Act 1994, the Gas Pipeline Access (Victoria) Act 1998 and the Gas Safety Act 1997. The amending provisions have come into operation and are now spent. Section 21(1) inserted a provision limiting the jurisdiction of the Supreme Court into the Gas Industry Act 1994. That provision has taken effect. Section 21(2) provides that section 21(1) limits the jurisdiction of the Supreme Court. This provision is no longer required. Section 23 sets out the extent of a delegation made under the Gas Industry Act 1994 on 25 September 1998. This provision has taken effect. The 1998 Act can be repealed. 3 Spent Amending Acts--wholly in operation The remainder of the Acts in Schedule 1 are amending Acts which are now wholly in operation and have amended the Acts they were enacted to amend or in some instances the amendments are of no effect because the Act to be amended was repealed. These Acts contain no transitional or substantive provisions. SCHEDULE 2 Amendment of Road Safety Act 1986 This Schedule amends the Road Safety Act 1986 to re-enact section 18(1) of the Road Safety (Further Amendment) Act 1991. This provision is a transitional application provision relating to offences and it is re-enacted for ease of reference by the courts. 9

 


 

 


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