Victorian Numbered Acts Victorian Numbered ActsSCHEDULE 2
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CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
1 Aboriginal Heritage Act 2006
1.1 In the heading to section 9 for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
1.2 In section 9 for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
2 Accident Compensation Act 1985
For section 243(2)(c)(ib) substitute —
"(ib) the Coroners Court;".
3 Births, Deaths and Marriages Registration Act 1996
3.1 In section 4(1)—
(a) in the definition of "Institute", for " Coroners Act 1985 " substitute " Victorian Institute of Forensic Medicine Act 1985 ";
(b) for the definition of reviewable death substitute —
""reviewable death" has the same meaning as in section 5 of the Coroners Act 2008 ;";
(c) in the definition of "sibling", for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
3.2 In section 6(ba) for " Coroners Act 1985 " substitute " Coroners Act 2008 and the Victorian Institute of Forensic Medicine Act 1985 ".
3.3 In section 36(1)—
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(a) for paragraph (b) substitute —
"(b) has been given a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased person to a specified person; or";
(b) in paragraph (c), for " section 22 of the Coroners Act 1985 " substitute "section 49(2) of the Coroners Act 2008 ".
3.4 In section 37(4) for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
3.5 In section 38(1) for " Coroners Act 1985 , the coroner" substitute " Coroners Act 2008 , the principal registrar of the Coroners Court".
3.6 For section 38(2) substitute —
"(2) If a coroner releases a body under the Coroners Act 2008 , or ceases an investigation under section 17 of that Act or makes a finding about the cause of death, the principal registrar of the Coroners Court must give a copy of the release and any other information that the principal registrar is required to provide under the Coroners Act 2008 , to the Registrar.".
3.7 In section 49A(2) for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
4 Cemeteries and Crematoria Act 2003
4.1 For section 116(3)(b) substitute —
"(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person; or".
4.2 For section 121(3)(b) substitute —
"(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person; or".
4.3 For section 131(3)(b) substitute —
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"(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person; or".
4.4 In section 133(2) for "a certificate in the form prescribed under section 23 of the Coroners Act 1985 certifying that cremation is permitted" substitute "a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased person to a specified person".
4.5 For section 135(2)(b) substitute —
"(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person; or".
4.6 In section 142 omit "appointed under the Coroners Act 1985 ".
4.7 In section 143(1) omit "appointed under the Coroners Act 1985 ".
4.8 In section 143(2) omit "appointed under the Coroners Act 1985 ".
4.9 In section 144 for omit "appointed under the Coroners Act 1985 ".
4.10 For section 151(3)(c) substitute —
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"(c) a coroner; or".
4.11 In section 154 for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
4.12 For section 156(3)(b) substitute —
"(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person;".
5 Charter of Human Rights and Responsibilities Act 2006
In section 3(1), in the definition of "court", for "or the Children's Court" substitute ", the Children's Court or the Coroners Court".
6 Children, Youth and Families Act 2005
6.1 In section 490(1)—
(a) omit ", or a coroner holding an inquest under the Coroners Act 1985 or the coroner's clerk";
(b) omit "or inquest".
6.2 In section 490(1)(a) omit "or inquest".
7 Country Fire Authority Act 1958
7.1 In section 98(4), for "under section 41 of the Coroners Act 1985 " substitute "under Division 4 of Part 4 of the Coroners Act 2008 ".
7.2 In section 98(5)(a), for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
7.3 After section 98 insert —
(1) This section applies if access to a place where a fire has occurred has been restricted under section 98.
(2) A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under section 98.
Penalty: 60 penalty units or imprisonment for 6 months.".
7.4 Section 99 is repealed .
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In section 2(1), for paragraph (ca) of the definition of clerk substitute —
"(ca) in the case of the Coroners Court, a registrar of that Court;".
9.1 In section 12, for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
9.2 In section 19A(2)(a)(i), omit "within the meaning of the Coroners Act 1985 ".
9.3 In section 55AB(1)—
(a) for paragraph (a)(ii) substitute —
"(ii) any deposition taken by a coroner under section 63 of the Coroners Act 2008 ; and";
(b) in paragraph (b) omit "appointed under the Coroners Act 1985 ".
In section 162FB(c), omit "under the Coroners Act 1985 ".
11 Health Services (Conciliation and Review) Act 1987
In section 19(2)—
(a) omit "or a coroner";
(b) omit "coroner,".
12 Human Tissue Act 1982
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12.1 In section 3(1), the definitions of coroner and State Coroner are repealed .
12.2 In section 27, for " Coroners Act 1985 " (wherever occurring) substitute " Coroners Act 2008 ".
12.3 In section 29(1), for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
12.4 In section 30(3), for "An order by a coroner under the Coroners Act 1985 directing a post-mortem examination is," substitute "Authority under the Coroners Act 2008 to remove tissue is,".
12.5 In section 33(1), for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
12.6 In section 44(5)(a), for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
12.7 In section 45(5)(c), for " Coroners Act 1985 " substitute " Victorian Institute of Forensic Medicine Act 1985 ".
13 Interpretation of Legislation Act 1984
In section 38, insert the following definitions—
"" coroner" has the same meaning as in section 3(1) of the Coroners Act 2008 ;
"Coroners Court" means the Coroners Court of Victoria;
"Deputy State Coroner "means the Deputy State Coroner of the Coroners Court;
"State Coroner "means the State Coroner of the Coroners Court;".
14 Judicial Remuneration Tribunal Act 1995
In section 3 omit paragraph (l) of the definition of holder of an office .
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Judicial Salaries Act 2004
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In the Table in section 4(1), omit the item relating to the State Coroner.
In section 106A, for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
17 Metropolitan Fire Brigades Act 1958
17.1 In section 71(4), for "under section 41 of the Coroners Act 1985 " substitute "under Division 4 of Part 4 of the Coroners Act 2008 ".
17.2 In section 71(5)(a), for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
17.3 After section 71 insert —
(1) This section applies if access to a place where a fire has occurred has been restricted under section 71.
(2) A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under section 71.
Penalty: 60 penalty units or imprisonment for 6 months.".
18.1 In section 414, for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
18.2 In section 417(4)—
(a) for "the coroner's jury" substitute "a coroner or a person authorised by a coroner under section 39 of the Coroners Act 2008 ";
(b) for "such jury" substitute "the coroner".
19 Police Regulation Act 1958
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In section 20, for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
20 Public Administration Act 2004
20.1 In section 4(1), in paragraph (g) of the definition of "public official", omit "appointed under the Coroners Act 1985 ".
20.2 In section 6(1), omit paragraph (g).
20.3 In section 106(1)(f) omit "appointed under the Coroners Act 1985 ".
21 Public Health and Wellbeing Act 2008
21.1 In section 41(1)(c), omit "under the Coroners Act 1985 ".
21.2 In section 137(2)(a), for " Coroners Act 1985 " substitute " Victorian Institute of Forensic Medicine Act 1985 ".
21.3 In section 156(1)(b), for "State Coroner" substitute "coroner".
21.4 In section 157(5), for " section 29 of the Coroners Act 1985 " substitute "the Coroners Act 2008 ".
22 Public Prosecutions Act 1994
In section 22(1)(b)(iii), for " Coroners Act 1985 " substitute " Coroners Act 2008 ".
23 Rail Safety Act 2006
23.1 In section 3(1), in the definition of "Victorian Institute of Forensic Medicine Director", for " Coroners Act 1985 " substitute " Victorian Institute of Forensic Medicine Act 1985 ".
23.2 In section 83(4), for "in any proceedings conducted by a coroner" substitute "in any inquest or investigation held by a coroner".
24 Road Safety Act 1986
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24.1 In section 3(1), in the definition of Director of the Victorian Institute of Forensic Medicine , for " Coroners Act 1985 " substitute " Victorian Institute of Forensic Medicine Act 1985 ".
24.2 For section 57(2)(d) substitute —
"(d) in any inquest or investigation held by a coroner—".
24.3 In section 57A(1), for paragraph (e) of the definition of prescribed legal proceeding substitute —
"(e) in any inquest or investigation held by a coroner;".
25 Surveillance Devices Act 1999
In section 3(1), in paragraph (h) of the definition of "relevant proceeding", for "or inquiry" (wherever occurring) substitute "or investigation".
In section 4, for "under the Coroners Act 1958 or investigation under the Coroners Act 1985 " substitute "or investigation under the Coroners Act 1985 or the Coroners Act 2008 ".
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