Veterans and Other Acts Amendment Act 2015 · Web viewOCPC-VIC, Word 2007, Template Release 2010...

Veterans and Other Acts Amendment Act 2015 No. 12 of 2015

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 4

Part 2—Amendment of Veterans Act 2005 5

3 Minister to seek advice of the Victorian Veterans Council 54 New sections 33A and 33B inserted 55 Transfer of patriotic funds outside the State 76 New section 36A inserted 8

Part 3—Amendment of Sale of Land Act 1962 10

7 What is a terms contract? 10

Part 4—Amendment of Australian Consumer Law and Fair Trading Act 2012 11

8 Prohibited debt collection practices 119 New section 111 substituted 11

Part 5—Amendment of Residential Tenancies Act 1997 12

10 New section 142BA inserted 12

Part 6—Amendment of Motor Car Traders Act 1986 13

11 Definitions 1312 Disciplinary action 1313 Determination of disciplinary measures by Tribunal 1314 Particulars to be displayed 1315 New section 61 substituted 1416 New section 63 substituted 1517 Determination of claims 16

Part 7—Amendment of Co-operatives National Law Application Act 2013 17

18 Designated tribunal 17

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Part 8—Amendment of Associations Incorporation Reform Act 2012 18

19 Inspection of register of members 1820 New sections 59A and 59B inserted 18

Part 9—Other amendments of Consumer Acts 22

21 Exercise by the Director of Consumer Affairs of powers under the Australian Consumer Law and Fair Trading Act 2012 in relation to regulations made under Consumer Acts 22

Part 10—Repeal of amending Act 23

22 Repeal of amending Act 23

Schedule 1—Amendment of Consumer Acts 24

1 Associations Incorporation Reform Act 2012 242 Conveyancers Act 2006 243 Domestic Building Contracts Act 1995 244 Estate Agents Act 1980 245 Fundraising Act 1998 246 Funerals Act 2006 247 Owners Corporations Act 2006 258 Retirement Villages Act 1986 259 Sale of Land Act 1962 2510 Second-Hand Dealers and Pawnbrokers Act 1989 2511 Sex Work Act 1994 2512 Veterans Act 2005 25

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Endnotes 26

1 General information 26

Veterans and Other Acts Amendment Act 2015†

No. 12 of 2015

[Assented to 21 April 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are—

(a) to amend the Veterans Act 2005—

(i) to enable the Director of Consumer Affairs Victoria to consent to the amendment of the trust deeds of patriotic funds; and

Victoria

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(ii) to provide for the approval by the Minister and the Director of Consumer Affairs Victoria of the interstate transfer of assets from patriotic funds, subject to certain limits; and

(iii) to provide for the validation of certain transfers of assets from patriotic funds; and

(iv) to provide for the amalgamation of two or more patriotic funds; and

(b) to amend the Sale of Land Act 1962 to clarify when a contract for the sale of land is a terms contract; and

(c) to amend the Australian Consumer Law and Fair Trading Act 2012—

(i) to provide that a communication for the purposes of complying with any provision of the National Credit Code is not a prohibited debt collection practice; and

(ii) to allow the Director of Consumer Affairs Victoria to delegate the Director's powers under section 126 of that Act; and

(d) to amend the Residential Tenancies Act 1997 to make it an offence to fail to comply with the prescribed requirements relating to the keeping and production of records relating to safety checks required to be conducted for rooming houses; and

Section Page

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(e) to amend the Motor Car Traders Act 1986—

(i) to clarify that disciplinary action may be taken against a person who is no longer a licensed motor car trader if the person was a licensee when the grounds for taking the disciplinary action occurred; and

(ii) to enable the Governor in Council to appoint a Deputy Chairperson of the Motor Car Traders Claims Committee who may exercise the powers of the Chairperson when the office of the Chairperson is vacant or the Chairperson is absent; and

(f) to amend the Co-operatives National Law Application Act 2013 to provide that the Magistrates' Court, rather than the Supreme Court, is the designated tribunal for the purposes of the Co-operative National Law (Victoria); and

(g) to amend the Associations Incorporation Reform Act 2012 to allow the secretary of an incorporated association to apply to the Registrar for an exemption from the requirement under section 57 of that Act to permit members of the association to inspect the register of members; and

(h) to amend various Consumer Acts to clarify that the inspection, compliance and enforcement powers under the Australian Consumer Law and Fair Trading Act 2012 that are exercisable by the Director of Consumer Affairs Victoria in relation to each of those Acts may also be exercised in relation to the regulations made under those Acts.

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2 Commencement

(1) This Act (except Part 5, sections 12 and 13, Part 7 and Part 8) comes into operation on the day after the day on which it receives the Royal Assent.

(2) Subject to subsection (3), Part 5, sections 12 and 13, Part 7 and Part 8 come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 December 2015, it comes into operation on that day.

Section Page

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Part 2—Amendment of Veterans Act 20053 Minister to seek advice of the Victorian Veterans

Council

(1) For the heading to section 26 of the Veterans Act 2005 substitute—

"Advice of the Victorian Veterans Council to the Minister".

(2) In section 26(3) of the Veterans Act 2005, after "the advice" insert "referred to in subsection (2)".

(3) After section 26(3) of the Veterans Act 2005 insert—

"(4) The Minister may seek the advice of the Victorian Veterans Council in relation to the transfer outside the State of assets forming part of a patriotic fund that may be approved by the Minister under section 36(5)(b).".

4 New sections 33A and 33B inserted

After section 33 of the Veterans Act 2005 insert—

"33A Amendment to trust deed of patriotic fund

(1) Subject to subsection (2), on the written application of the trustees of a patriotic fund, the Director may approve—

(a) the amendment of the trust deed of the patriotic fund; or

(b) the adoption of a new trust deed of the patriotic fund.

(2) The Director must not approve the amendment of a trust deed or the adoption of a new trust deed unless the amendment or the new trust deed (as the case may be) is

Part 1—Preliminary

Veterans and Other Acts Amendment Act 2015No. 12 of 2015

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consistent with, and does not alter, the objects and purposes of the patriotic fund.

(3) On the approval by the Director under subsection (1), a trust deed has effect as amended or adopted.

33B Amalgamation of patriotic funds

(1) The trustees of two or more patriotic funds may apply to the Director for approval to be amalgamated as a single patriotic fund.

(2) An application under subsection (1) must be in writing and include—

(a) for each of the patriotic funds proposing to be amalgamated—

(i) the details required to be specified under section 33(9); and

(ii) a schedule of assets held by the patriotic fund; and

(b) for the patriotic fund to be formed on the proposed amalgamation—the details required to be specified under section 33(3); and

(c) any other prescribed particulars.

(3) The Director may approve an application under subsection (1) to amalgamate two or more patriotic funds as a single patriotic fund by notice in writing to the trustees of each of the patriotic funds that applied for the amalgamation.

(4) On the amalgamation of two or more patriotic funds (the amalgamating funds) under this section—

(a) a new patriotic fund is established with the details referred to in subsection (2)(b) applying to that patriotic fund; and



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(b) the amalgamating funds are subsumed into that new patriotic fund; and

(c) the property of each amalgamating fund vests in the trustees of the new patriotic fund—

(i) to be held subject to the objects of the new patriotic fund; and

(ii) by force of this provision, without the necessity for any conveyance, transfer or assignment.

(5) Any property vested in the trustees of a patriotic fund by reason of subsection (4)(c) vests subject to any restriction, limitation, mortgage, charge, security interest, encumbrance, lien, lease, covenant, contract or liability to which the property was subject immediately before it was vested by reason of subsection (4)(c).

(6) A reference in a will to a patriotic fund that has amalgamated under this section must, unless the will otherwise provides, be construed as a reference to the patriotic fund formed by the amalgamation.".

5 Transfer of patriotic funds outside the State

After section 36(4) of the Veterans Act 2005 insert—

"(5) Despite subsection (1), the trustees of a patriotic fund may, without the approval of the Governor in Council, transfer assets forming part of the patriotic fund to the trustees or corporation referred to in that subsection if—



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(a) the approval of the Director is obtained and the value of the assets does not exceed—

(i) the amount prescribed in any prescribed period of time for the purposes of this paragraph; or

(ii) if no amount is prescribed, $1000 in any 6 month period; or

(b) the approval of the Minister is obtained and the value of the assets does not exceed—

(i) the amount prescribed in any prescribed period of time for the purposes of this paragraph; or

(ii) if no amount is prescribed, $5000 in any 6 month period.".

6 New section 36A inserted

After section 36 of the Veterans Act 2005 insert—

"36A Validation of transfers made without prior approval

(1) This section applies if the transfer of all or any of the assets of a patriotic fund requiring the approval of the Governor in Council, the Minister or the Director under section 34, 35 or 36 occurred before that approval was obtained.

(2) The Governor in Council, on the recommendation of the Minister, may validate the transfer if satisfied that, had approval for the transfer been sought before the transfer, the approval would have been given by the Governor in Council under section 35 or 36.



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(3) The Minister may validate the transfer if satisfied that, had approval for the transfer been sought before the transfer, the approval would have been given by the Minister under section 36.

(4) The Director may validate the transfer if satisfied that, had approval for the transfer been sought before the transfer, the approval would have been given by the Director under section 34, 35 or 36.

(5) Subject to subsection (6), if the transfer of assets of a patriotic fund is validated under this section, all acts, matters and things done by the trustees with respect to, for the administration of, and for the purpose of the transfer that occurred before the validation was given are, and are taken always to have been, valid and effectual for all purposes as if approval had been given before the transfer.

(6) Subsection (5) does not exempt any trustee from civil or criminal liability for any breach of trust or other unlawful act, whether by omission or commission, for which the trustee was legally responsible before the validation was given.".



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Part 3—Amendment of Sale of Land Act 1962

7 What is a terms contract?

(1) In section 29A(1)(b) of the Sale of Land Act 1962, for "possession or occupation of the land" substitute "possession of the land or to the receipt of rents and profits".

(2) After section 29A(1) of the Sale of Land Act 1962 insert—

"(1A) A payment made by a purchaser under a contract for the sale of land following a default by the purchaser or agreed to by the purchaser and vendor in anticipation of a default by the purchaser does not count as a payment for the purpose of subsection (1)(a).".

(3) In section 29A(2) of the Sale of Land Act 1962, for the definition of deposit substitute—

"deposit means any part of the purchase price that the contract (including the contract as varied by written agreement between the parties after initial execution) specifies as being a deposit and provides must be paid, whether by one or more payments, within a specified period, not exceeding 60 days, after the execution of the contract;".



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Part 4—Amendment of Australian Consumer Law and Fair Trading Act 2012

8 Prohibited debt collection practices

In section 45(2)(m)(iii) of the Australian Consumer Law and Fair Trading Act 2012 omit "section 88 of".

9 New section 111 substituted

For section 111 of the Australian Consumer Law and Fair Trading Act 2012 substitute—

"111 Powers of delegation

(1) Subject to subsection (2), the Director, by instrument, may delegate to any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act, any of the Director's functions or powers under this Act, other than this power of delegation.

(2) The Director may only delegate under subsection (1) the Director's powers under section 126 to—

(a) an executive within the meaning of the Public Administration Act 2004; or

(b) a person with a classification of Grade 6 or Senior Technical Specialist.".



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Part 5—Amendment of Residential Tenancies Act 1997

10 New section 142BA inserted

After section 142B of the Residential Tenancies Act 1997 insert—

"142BA Records of gas and electrical safety checks

A rooming house owner must comply with any prescribed requirements for the keeping and production of records of gas and electrical safety checks conducted at the rooming house.

Penalty: 30 penalty units in the case of a natural person;

60 penalty units in the case of a body corporate.".



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Part 6—Amendment of Motor Car Traders Act 1986

11 Definitions

In section 3(1) of the Motor Car Traders Act 1986, for the definition of Chairperson substitute—

"Chairperson means the Chairperson of the Committee and includes the Deputy Chairperson when exercising the powers and performing the functions of the Chairperson pursuant to section 61(5);".

12 Disciplinary action

After section 30(4) of the Motor Car Traders Act 1986 insert—

"(5) A reference to a licensee in this section includes a reference to any person who was a licensee at the time any ground referred to in subsection (2) existed or was alleged to exist, even if the person is not a licensee at the time the action under section 31 is taken.".

13 Determination of disciplinary measures by Tribunal

After section 31(2B) of the Motor Car Traders Act 1986 insert—

"(2C) A reference to a licensee in this section includes a reference to any person who was a licensee at the time any ground referred to in section 30(2) existed or was alleged to exist, even if the person is not a licensee at the time the action under this section is taken.".

14 Particulars to be displayed

Section 52(2)(e) of the Motor Car Traders Act 1986 is repealed.



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For section 61 of the Motor Car Traders Act 1986 substitute—

"61 Deputy Chairperson

(1) The Governor in Council may appoint a person as Deputy Chairperson of the Motor Car Traders Claim Committee.

(2) A person appointed under subsection (1)—

(a) must have the qualifications specified in section 57(1)(a); and

(b) must not be a member of the Committee appointed under section 57.

(3) The Deputy Chairperson—

(a) holds office for the period, and on the terms and conditions, specified in the instrument of appointment; and

(b) is eligible for re-appointment.

(4) The Public Administration Act 2004 (other than Part 3) applies to the Deputy Chairperson.

(5) The Deputy Chairperson has and may exercise all the powers and perform all the functions of the Chairperson—

(a) during a vacancy in the office of the Chairperson; or

(b) during a period or all periods when the Chairperson—

(i) is absent from Victoria; or

(ii) for any other reason, is unable to perform the duties of the Chairperson.



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(6) At all other times, the Deputy Chairperson has no powers or functions in relation to the Committee.

(7) When exercising the powers and performing the functions of the Chairperson, the Deputy Chairperson must be paid the travelling and other allowances that would be payable if the Deputy Chairperson were a member of the Committee.".


For section 63 of the Motor Car Traders Act 1986 substitute—

"63 Determination not invalid by reason of vacancy, etc.

Subject to section 66, an act or determination of the Committee is not invalid by reason only of—

(a) a vacancy in the office of Chairperson or of any other member; or

(b) a defect or irregularity in or in connection with the appointment of a member; or

(c) in the case of the Deputy Chairperson exercising the powers and performing the functions of the Chairperson—

(i) a defect or irregularity in or in connection with the appointment of the Deputy Chairperson; or

(ii) the occasion for the exercise of those powers and the performance of those functions had not arisen or had ceased.".



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17 Determination of claims

In section 76(1) of the Motor Car Traders Act 1986, for "subsection (6)" substitute "subsection (4A)".



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Part 7—Amendment of Co-operatives National Law Application Act 2013

18 Designated tribunal

(1) In section 11(a) of the Co-operatives National Law Application Act 2013, for "Supreme Court" substitute "Magistrates' Court".

(2) At the end of section 11 of the Co-operatives National Law Application Act 2013 insert—

"(2) In any proceeding under this Act in relation to which the Magistrates' Court is the designated tribunal, the Magistrates' Court may, on its own initiative or on application by a party to the proceeding—

(a) transfer the proceeding to the Supreme Court on the ground that the proceeding raises a complex question or matter of general importance; or

(b) reserve a question of law for determination by the Supreme Court.

(3) If a proceeding has been transferred to the Supreme Court under subsection (2)(a), it may be continued and completed as if steps taken in the proceeding prior to the transfer had been taken in the Supreme Court.".



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Part 8—Amendment of Associations Incorporation Reform Act 2012

19 Inspection of register of members

In section 57 of the Associations Incorporation Reform Act 2012 and in the note at the foot of that section, for "section 59" substitute "sections 59 and 59A".

20 New sections 59A and 59B inserted

After section 59 of the Associations Incorporation Reform Act 2012 insert—

"59A Exemption from section 57

(1) The secretary of an incorporated association may apply to the Registrar for the association to be exempt from the requirement under section 57.

(2) The application must be in writing and state the special circumstances that apply to the association that justify not permitting members of the association to inspect the register of members.

(3) If the Registrar is satisfied that special circumstances apply to the association, the Registrar may grant the exemption.

(4) The Registrar must notify the secretary of the association in writing of the Registrar's decision—

(a) to grant the exemption; or

(b) to refuse to grant the exemption.

(5) If the Registrar grants the exemption, the Registrar must publish notice of the exemption in the Government Gazette and



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on an Internet website maintained by the Registrar.

(6) An incorporated association or a member of the incorporated association may apply to VCAT for a review of a decision by the Registrar to grant or refuse to grant to the association an exemption under this section within 28 days after the decision was notified to the secretary of the association under subsection (4).

(7) If—

(a) an exemption from the requirement under section 57 is granted to an incorporated association by the Registrar under this section; and

(b) a member of the association informs the secretary of the association that the member wishes to circulate material to all members of the association relating to its management, activities or purposes—

the secretary must forward that material to all members of the association.

59B Revocation of exemption from section 57

(1) The Registrar may revoke an exemption granted to an incorporated association under section 59A if satisfied that there are no longer special circumstances applying to the association that justify the exemption from the requirement under section 57.

(2) The Registrar may revoke the exemption—

(a) on the Registrar's own initiative; or

(b) on the application of the incorporated association made in accordance with this section.



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(3) The secretary of an incorporated association may apply to the Registrar to revoke an exemption granted to the association by the Registrar under section 59A.

(4) The application must be in writing and explain why the special circumstances that applied to the association that justified the granting of the exemption no longer exist.

(5) The Registrar must notify the secretary of an incorporated association in writing of the Registrar's decision—

(a) to revoke the exemption, whether the decision is made on the Registrar's own initiative or on the application of the association; or

(b) to refuse to revoke the exemption.

(6) If the Registrar revokes an exemption granted to an incorporated association under section 59A, the secretary must give to each member of the association notice of the revocation that includes the prescribed particulars.

(7) If the Registrar revokes an exemption, whether on the Registrar's own initiative or on the application of the association, the Registrar must publish notice of the revocation in the Government Gazette and on an Internet website maintained by the Registrar.

(8) An incorporated association or a member of the incorporated association may apply to VCAT for a review of a decision by the Registrar to revoke or refuse to revoke an



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exemption granted to the association under section 59A—

(a) in the case of an application by the association—within 28 days after the decision was notified to the secretary of the association under subsection (5); or

(b) in the case of an application by a member of the association—within 28 days after notice of the revocation was given to the member by the secretary of the association under subsection (6).

(9) If an exemption granted to an incorporated association under section 59A is revoked, the secretary of the association must not permit a member to access the register of members unless—

(a) 28 days have elapsed since the secretary gave notice of the revocation to the member under subsection (6); and

(b) either—

(i) no member of the association has applied to VCAT for a review of the decision to revoke the exemption within the time allowed under subsection (8); or

(ii) an application has been made to VCAT and the decision to revoke the exemption has been upheld by VCAT.".



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Part 9—Other amendments of Consumer Acts

21 Exercise by the Director of Consumer Affairs of powers under the Australian Consumer Law and Fair Trading Act 2012 in relation to regulations made under Consumer Acts

An Act specified in the heading to an item in the Schedule is amended as set out in that item.



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Part 10—Repeal of amending Act22 Repeal of amending Act

This Act is repealed on 1 December 2016.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).



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Schedule 1—Amendment of Consumer ActsSection 21

1 Associations Incorporation Reform Act 2012

After section 219(2) insert—

"(3) In this section—

this Act includes the regulations.".

2 Conveyancers Act 2006




3 Domestic Building Contracts Act 1995

After section 124A(3) insert—



4 Estate Agents Act 1980




5 Fundraising Act 1998




6 Funerals Act 2006






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7 Owners Corporations Act 2006



this Part includes any regulations made under this Act that relate to the registration of managers under this Part.".

8 Retirement Villages Act 1986




9 Sale of Land Act 1962




10 Second-Hand Dealers and Pawnbrokers Act 1989




11 Sex Work Act 1994




12 Veterans Act 2005



this Act includes the regulations.".═══════════════



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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 25 February 2015

Legislative Council: 19 March 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Veterans Act 2005, the Sale of Land Act 1962, the Australian Consumer Law and Fair Trading Act 2012, the Residential Tenancies Act 1997, the Motor Car Traders Act 1986, the Co-operatives National Law Application Act 2013, the Associations Incorporation Reform Act 2012 and other Consumer Acts and for other purposes."

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