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PARLIAMENT OF VICTORIA
Consumer Acts Amendment Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--ESTATE AGENTS ACT 1980 3
3 Definitions 3
4 Section 55 substituted and new section 55A inserted 3
55 Restriction on agent purchasing property 3
55A Prohibition on charging or retaining of commission 7
PART 3--OWNERS CORPORATIONS ACT 2006 8
5 Section 11 substituted 8
11 Management of owners corporation and power to
delegate 8
6 Audit of accounts of owners corporations 9
7 Proxies 9
8 Section 101 substituted 10
101 Functions and powers of committee 10
9 Address of absent owners 10
10 New section 138A inserted 11
138A Power to make rules regarding proxies 11
11 Who may apply to VCAT in relation to a dispute? 11
12 What orders can VCAT make? 11
13 Heading to section 205 amended and Schedule 2 amended 12
14 Statute law revision 12
PART 4--FAIR TRADING ACT 1999 13
15 Functions and powers of the Director 13
16 Conduct by officers, employees or agents 13
17 Defences 15
18 Section 160F substituted 16
160F Jurisdiction of courts and the Tribunal 16
571052B.I-31/5/2011 i BILL LA INTRODUCTION 31/5/2011
Clause Page
PART 5--CONVEYANCERS ACT 2006 17
19 What is conveyancing work? 17
20 Approval of auditors 17
21 Review of exclusion for sale of businesses 17
PART 6--CONSUMER AFFAIRS LEGISLATION AMENDMENT
(REFORM) ACT 2010 18
22 Commencement 18
23 Amendments to New Part 2D to be inserted into Fair Trading
Act 1999 18
24 Heading to section 4 amended 19
25 Section 4 amended 19
21A Transitional provision for Part 2D 20
26 Owners Corporations Act 2006 20
27 Statute law revision 20
PART 7--AMENDMENT OF CERTAIN COMMENCEMENT
ARRANGEMENTS 21
28 Associations Incorporation Amendment Act 2009 21
29 Associations Incorporation Amendment Act 2010 21
30 Personal Property Securities (Statute Law Revision and
Implementation) Act 2010 21
PART 8--REPEALS AND CONSEQUENTIAL AND OTHER
AMENDMENTS 22
Division 1--Repeal of Companies (Administration) Act 1981 22
31 Repeal of Companies (Administration) Act 1981 22
Division 2--Consequential amendments for repeal of Companies
(Administration) Act 1981 22
32 Anglican Church of Australia Constitution Act 1960 22
33 Associations Incorporation Act 1981 22
34 Health Services Act 1988 22
Division 3--Amendments of other Acts 23
35 Consumer Affairs Legislation Amendment Act 2010 23
36 Evidence (Miscellaneous Provisions) Act 1958 23
37 Legal Profession Act 2004 23
38 Residential Tenancies Amendment Act 2010 23
39 Retail Leases Act 2003 24
571052B.I-31/5/2011 ii BILL LA INTRODUCTION 31/5/2011
Clause Page
Division 4--Repeal of amending Act 24
40 Repeal of amending Act 24
ENDNOTES 25
571052B.I-31/5/2011 iii BILL LA INTRODUCTION 31/5/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Consumer Acts Amendment Bill 2011
A Bill for an Act to amend the Estate Agents Act 1980, the Owners
Corporations Act 2006, the Fair Trading Act 1999, the
Conveyancers Act 2006, the Consumer Affairs Legislation
Amendment (Reform) Act 2010, to repeal the Companies
(Administration) Act 1981 and to make minor or consequential
amendments to several other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Estate Agents Act 1980 in
5 relation to estate agents purchasing real
estate or businesses;
(b) to amend the Owners Corporations Act
2006 in relation to delegations, proxies and
service of notices;
571052B.I-31/5/2011 1 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 1--Preliminary
s. 2
(c) to amend the Fair Trading Act 1999--
(i) in relation to conduct by officers,
employees and agents of a body
corporate;
5 (ii) to clarify the jurisdiction of the courts
and VCAT in relation to matters under
the Australian Consumer Law
(Victoria);
(d) to amend the Conveyancers Act 2006 to
10 remove a restriction on work involving the
sale of businesses;
(e) to amend the Consumer Affairs Legislation
Amendment (Reform) Act 2010 in relation
to the disposal of uncollected goods;
15 (f) to amend the commencement arrangements
in the Associations Incorporation
Amendment Act 2009, the Associations
Incorporation Amendment Act 2010, the
Personal Property Securities (Statute Law
20 Revision and Implementation) Act 2010
and the Consumer Affairs Legislation
Amendment (Reform) Act 2010;
(g) to repeal the Companies (Administration)
Act 1981.
25 2 Commencement
(1) This Act (except sections 19, 27 and 35(3)) comes
into operation on the day after the day on which it
receives the Royal Assent.
(2) Section 19 comes into operation on 1 July 2012.
30 (3) Sections 27 and 35(3) are taken to have come into
operation on 31 October 2010.
__________________
571052B.I-31/5/2011 2 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 2--Estate Agents Act 1980
s. 3
PART 2--ESTATE AGENTS ACT 1980
3 Definitions
In section 4(1) of the Estate Agents Act 1980, in See:
Act No.
paragraph (a) of the definition of approved 9428.
5 auditor, for "National Institute of Accountants" Reprint No. 11
as at
substitute "Institute of Public Accountants". 1 April 2011
and
amending
Act No.
63/2010.
LawToday:
www.
legislation.
vic.gov.au
4 Section 55 substituted and new section 55A inserted
For section 55 of the Estate Agents Act 1980
substitute--
10 "55 Restriction on agent purchasing property
(1) An estate agent must not obtain a beneficial
interest in any real estate or business that the
estate agent has been commissioned by any
principal to sell.
15 Penalty: 240 penalty units or imprisonment
for 2 years, or both.
(2) An agent's representative employed by an
estate agent must not obtain a beneficial
interest in any real estate or business that the
20 estate agent has been commissioned by any
principal to sell.
Penalty: 240 penalty units or imprisonment
for 2 years, or both.
(3) Without limiting subsections (1) or (2), a
25 person obtains a beneficial interest if any of
the following circumstances arise--
571052B.I-31/5/2011 3 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 2--Estate Agents Act 1980
s. 4
(a) the person or an associate of the
person--
(i) purchases the real estate or
business; or
5 (ii) holds an option to purchase the
real estate or business;
(b) a proprietary corporation of which the
person or an associate of the person is a
member--
10 (i) purchases the real estate or
business; or
(ii) holds an option to purchase the
real estate or business;
(c) a corporation over which the person
15 (either individually or jointly with
associates) or an associate of the person
can exercise control--
(i) purchases the real estate or
business; or
20 (ii) holds an option to purchase the
real estate or business;
(d) a corporation of which the person or an
associate of the person is an executive
officer--
25 (i) purchases the real estate or
business; or
(ii) holds an option to purchase the
real estate or business;
(e) if the person is a corporation, an
30 executive officer of that corporation or
an associate of the executive officer--
(i) purchases the real estate or
business; or
571052B.I-31/5/2011 4 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 2--Estate Agents Act 1980
s. 4
(ii) holds an option to purchase the
real estate or business;
(f) the trustee of a discretionary trust of
which the person or an associate of the
5 person is a beneficiary purchases, or
obtains a beneficial interest in, the real
estate or business;
(g) a member of a firm or partnership of
which the person or an associate of the
10 person is also a member purchases the
real estate or business;
(h) in the case of real estate--
(i) the person or an associate of the
person has, directly or indirectly, a
15 right to participate in the income
or profits of a business carried on
for profit or gain; and
(ii) another person carrying on that
business obtains a beneficial
20 interest in the real estate;
(i) in the case of a business (Business 1)--
(i) the person or an associate of the
person has, directly or indirectly, a
right to participate in the income
25 or profits of another business
(Business 2) carried on for profit
or gain; and
(ii) another person carrying on
Business 2 obtains a beneficial
30 interest in Business 1.
571052B.I-31/5/2011 5 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 2--Estate Agents Act 1980
s. 4
(4) A person does not contravene subsection (1)
or (2) if--
(a) the person--
(i) before a contract for the sale of
5 the real estate or business is
entered into, obtains the
principal's written
acknowledgment in the form
approved by the Director that the
10 principal--
(A) is aware that the person is
interested in obtaining a
beneficial interest in the real
estate or business; and
15 (B) consents to the person
obtaining the interest; and
(ii) acts fairly and honestly in relation
to the transaction; and
(b) no commission or other reward is
20 payable in relation to the transaction;
and
(c) the principal is in substantially as good
a position as the principal would be if
the real estate or business were sold at
25 fair market value.
(5) In this section--
associate means--
(a) an employee of the estate agent; or
(b) a spouse, domestic partner, parent,
30 brother, sister or child of the estate
agent; or
(c) a child of the estate agent's spouse
or domestic partner;
571052B.I-31/5/2011 6 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 2--Estate Agents Act 1980
s. 4
control has the meaning given by section
50AA of the Corporations Act;
executive officer means any person,
howsoever described and whether or
5 not the person is a director of the
corporation, who is concerned, or takes
part, in the management of the
corporation;
obtain includes being in any way concerned
10 in obtaining.
55A Prohibition on charging or retaining of
commission
(1) This section applies if an estate agent is
found guilty of an offence against section
15 55(1) in relation to the sale of real estate or a
business that the estate agent is
commissioned by a principal to sell.
(2) The estate agent must not charge
commission to, and must repay commission
20 paid by, the principal in respect of the sale of
that real estate or business.".
__________________
571052B.I-31/5/2011 7 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 3--Owners Corporations Act 2006
s. 5
PART 3--OWNERS CORPORATIONS ACT 2006
5 Section 11 substituted
See: For section 11 of the Owners Corporations Act
Act No.
69/2006 2006 substitute--
and
5 amending "11 Management of owners corporation and
Act Nos
2/2008, 1/2010,
power to delegate
63/2010 and
72/2010. (1) An owners corporation is to be managed by
LawToday: or under the direction of the lot owners.
www.
legislation. (2) Subject to subsection (3), an owners
vic.gov.au
10 corporation may, by instrument or by
resolution at a general meeting, delegate any
power or function of the owners corporation
to--
(a) the committee of the owners
15 corporation;
(b) the manager of the owners corporation;
(c) a lot owner;
(d) the chairperson of the owners
corporation;
20 (e) the secretary of the owners corporation;
(f) an employee of the owners corporation.
(3) An owners corporation must not delegate
any of the following powers or functions
under subsection (2)--
25 (a) a power or function that requires a
unanimous resolution, a special
resolution or a resolution at a general
meeting;
(b) the power of delegation under that
30 subsection.
Note
See section 82.
571052B.I-31/5/2011 8 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 3--Owners Corporations Act 2006
s. 6
(4) A resolution under subsection (2) is only
effective if it is recorded in the minutes of
the general meeting.
(5) If no delegation is in force under subsection
5 (2)(a), the committee of the owners
corporation is delegated all powers and
functions that may be exercised by the
owners corporation, except for--
(a) those powers and functions set out in
10 subsection (3); and
(b) those matters which must be
determined at a general meeting under
section 82.
(6) Subsection (1) does not give rise to any
15 fiduciary duties or directors' duties on the
part of lot owners.
Note
See section 5 for duties of an owners corporation.".
6 Audit of accounts of owners corporations
20 In section 35(1)(c) and (2)(c) of the Owners
Corporations Act 2006, for "National Institute of
Accountants" substitute "Institute of Public
Accountants".
7 Proxies
25 After section 87(1) of the Owners Corporations
Act 2006 insert--
"Note
See section 138A.".
571052B.I-31/5/2011 9 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 3--Owners Corporations Act 2006
s. 8
8 Section 101 substituted
For section 101 of the Owners Corporations Act
2006 substitute--
"101 Functions and powers of committee
5 Subject to the rules of the owners
corporation, a committee has all the powers
and functions that are delegated to it by or
under section 11.
Note
10 Powers and functions that require a unanimous resolution, a
special resolution or a resolution at a general meeting of the
owners corporation cannot be delegated under section 11.".
9 Address of absent owners
(1) In section 135 of the Owners Corporations Act
15 2006, after "address" insert "in Australia".
(2) At the end of section 135 of the Owners
Corporations Act 2006 insert--
"(2) If an address in Australia has not been
nominated under subsection (1), service may
20 be effected--
(a) by posting the notice to the last known
address of the lot owner in Australia; or
(b) if an address under paragraph (a) is not
known or if a notice sent to that address
25 is returned, in any other manner VCAT
considers appropriate.
Note
See section 148. See also section 113(2) of the
Transfer of Land Act 1958.".
571052B.I-31/5/2011 10 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 3--Owners Corporations Act 2006
s. 10
10 New section 138A inserted
After section 138 of the Owners Corporations
Act 2006 insert--
"138A Power to make rules regarding proxies
5 (1) Subject to subsection (2), an owners
corporation may make a rule requiring that a
majority of the members of the committee of
the owners corporation consent to a proxy of
a member (authorised under section 87)
10 voting at committee meetings.
(2) A rule made under subsection (1) only
applies if the proxy-holder has not been
elected or co-opted as a member of the
committee.
15 (3) If a rule under subsection (1) is in effect, the
consent must not be unreasonably
withheld.".
11 Who may apply to VCAT in relation to a dispute?
After section 163(1) of the Owners Corporations
20 Act 2006 insert--
"(1A) A lot owner may apply to VCAT on behalf
of an owners corporation to resolve an
owners corporation dispute.
Note
25 This subsection clarifies that the rule in Foss v
Harbottle (1843) 67 ER 189 does not apply to owners
corporation disputes.".
12 What orders can VCAT make?
After section 165(1)(b) of the Owners
30 Corporations Act 2006 insert--
"(ba) an order authorising a lot owner to institute,
prosecute, defend or discontinue specified
proceedings on behalf of the owners
corporation;".
571052B.I-31/5/2011 11 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 3--Owners Corporations Act 2006
s. 13
13 Heading to section 205 amended and Schedule 2
amended
(1) In the heading to section 205 of the Owners
Corporations Act 2006, after "Transitional"
5 insert "and savings".
(2) In the heading to Schedule 2 to the Owners
Corporations Act 2006, after
"TRANSITIONAL" insert "AND SAVINGS".
(3) After clause 11 of Schedule 2 to the Owners
10 Corporations Act 2006 insert--
"12 Saving of certain delegations
A delegation under section 11 is not invalid
merely because of the commencement of
section 5 of the Consumer Acts
15 Amendment Act 2011.".
14 Statute law revision
In section 6(a)(ii) of the Owners Corporations
Act 2006, for "that Act;" substitute "that Act; or".
__________________
571052B.I-31/5/2011 12 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 4--Fair Trading Act 1999
s. 15
PART 4--FAIR TRADING ACT 1999
15 Functions and powers of the Director
After section 100(1)(i) of the Fair Trading Act See:
Act No.
1999 insert-- 16/1999.
Reprint No. 5
5 "(ia) any power that, before the repeal of the as at
1 January
Companies (Administration) Act 1981, 2011
could be exercised by the Commissioner for and
amending
Corporate Affairs under that or any other Act Nos
Act, including the power to commence 1/2010,
10 proceedings under section 10 of that Act;". 63/2010 and
67/2010.
LawToday:
www.
legislation.
vic.gov.au
16 Conduct by officers, employees or agents
For section 144(1), (2), (3) and (4) of the Fair
Trading Act 1999 substitute--
"(1) If, in a proceeding under this Act in respect
15 of conduct that is engaged in by a body
corporate and to which this Act applies, it is
necessary to establish the state of mind of the
body corporate, it is sufficient to show--
(a) that an officer, employee or agent of the
20 body corporate engaged in that conduct
within the scope of the actual or
apparent authority of the officer,
employee or agent; and
(b) that the officer, employee or agent had
25 that state of mind.
(2) The following conduct engaged in on behalf
of a body corporate is also taken, for the
purposes of this Act, to have been engaged in
by the body corporate--
571052B.I-31/5/2011 13 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 4--Fair Trading Act 1999
s. 16
(a) conduct by an officer, employee or
agent of the body corporate within the
scope of the actual or apparent
authority of the officer, employee or
5 agent; or
(b) conduct by any other person--
(i) at the direction of an officer,
employee or agent of the body
corporate; or
10 (ii) with the consent or agreement
(whether express or implied) of
such an officer, employee or
agent--
if the giving of the direction, consent or
15 agreement is within the scope of the
actual or apparent authority of the
officer, employee or agent.
(3) If, in a proceeding under this Act in respect
of conduct that is engaged in by a person
20 (the principal) other than a body corporate
and to which this Act applies, it is necessary
to establish the state of mind of the principal,
it is sufficient to show--
(a) that an employee or agent of the
25 principal engaged in that conduct
within the scope of the actual or
apparent authority or the employee or
agent; and
(b) that the employee or agent had that
30 state of mind.
(4) The following conduct engaged in on behalf
of a person (the principal) other than a body
corporate is also taken, for the purposes of
this Act, to have been engaged in by the
35 principal--
571052B.I-31/5/2011 14 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 4--Fair Trading Act 1999
s. 17
(a) conduct by an employee or agent of the
principal within the scope of the actual
or apparent authority of the employee
or agent; or
5 (b) conduct by any other person--
(i) at the direction of an employee or
agent of the principal; or
(ii) with the consent or agreement
(whether express or implied) of
10 such an employee or agent--
if the giving of the direction, consent or
agreement is within the scope of the
actual or apparent authority of the
employee or agent.
15 (4A) If--
(a) a person other than a body corporate is
convicted of an offence; and
(b) subsection (3) or (4) applied in relation
to the conviction on the basis that the
20 person was the principal mentioned in
that subsection; and
(c) the person would not have been
convicted of the offence if that
subsection had not been enacted--
25 the person is not liable to be punished by
imprisonment for that offence.".
17 Defences
In section 155(2)(b) of the Fair Trading Act
1999, for "or an" substitute ", employee or".
571052B.I-31/5/2011 15 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 4--Fair Trading Act 1999
s. 18
18 Section 160F substituted
For section 160F of the Fair Trading Act 1999
substitute--
"160F Jurisdiction of courts and the Tribunal
5 Subject to section 160E, the Tribunal or any
court of competent jurisdiction may hear and
determine a cause of action arising under any
provision of the Australian Consumer Law
(Victoria).".
__________________
571052B.I-31/5/2011 16 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 5--Conveyancers Act 2006
s. 19
PART 5--CONVEYANCERS ACT 2006
19 What is conveyancing work?
(1) After section 4(2) of the Conveyancers Act 2006 See:
Act No.
insert-- 75/2006.
Reprint No. 1
5 "(2A) In this Act, conveyancing work also means as at
1 April 2011
legal work connected with the sale of a and
business, including the sale of goodwill and amending
Act No.
stock-in-trade and the transfer of any 63/2010.
business licence.". LawToday:
www.
10 (2) Section 4(3)(b) of the Conveyancers Act 2006 is legislation.
vic.gov.au
repealed.
20 Approval of auditors
In sections 83(1)(a)(i) and 90(2) of the
Conveyancers Act 2006, for "National Institute
15 of Accountants" substitute "Institute of Public
Accountants".
21 Review of exclusion for sale of businesses
Section 189 of the Conveyancers Act 2006 is
repealed.
__________________
571052B.I-31/5/2011 17 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 6--Consumer Affairs Legislation Amendment (Reform) Act 2010
s. 22
PART 6--CONSUMER AFFAIRS LEGISLATION
AMENDMENT (REFORM) ACT 2010
22 Commencement
See: In section 2(4) of the Consumer Affairs
Act No.
5 63/2010 and Legislation Amendment (Reform) Act 2010, for
amending "1 September 2011" substitute "30 June 2012".
Act No.
72/2010.
StatuteBook:
www.
legislation.
vic.gov.au
23 Amendments to New Part 2D to be inserted into
Fair Trading Act 1999
(1) In section 3 of the Consumer Affairs Legislation
10 Amendment (Reform) Act 2010, in proposed
section 32ZP of the Fair Trading Act 1999--
(a) in paragraph (a) of the definition of high
value, for "$200" substitute "$1000";
(b) for the definition of low value substitute--
15 "low value, for goods, means the goods are
of a value less than--
(a) in the case of a motor vehicle,
$1000 or, if another value is
prescribed by the regulations, that
20 other value; or
(b) in any other case, $200 or, if
another value is prescribed by the
regulations, that other value;".
(2) In section 3 of the Consumer Affairs Legislation
25 Amendment (Reform) Act 2010, for proposed
section 32ZY(3) of the Fair Trading Act 1999
substitute--
571052B.I-31/5/2011 18 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 6--Consumer Affairs Legislation Amendment (Reform) Act 2010
s. 24
"(3) Goods must not be disposed of under this
section otherwise than--
(a) by way of public auction that is
either--
5 (i) advertised at least 7 days in
advance; or
(ii) held over a period of at least
7 days; or
(b) subject to subsection (4), by way of
10 private sale.
(4) Goods may only be disposed of under
subsection (3)(b) if--
(a) notice has been given in accordance
with subsection (1); and
15 (b) the receiver has a reasonable belief that
the best price could only be achieved
by private sale; and
(c) the receiver takes reasonable care to
ensure that the goods are sold for the
20 best price that can reasonably be
obtained, having regard to the
circumstances at the time the goods are
sold.".
24 Heading to section 4 amended
25 In the heading to section 4 of the Consumer
Affairs Legislation Amendment (Reform) Act
2010, for "clause 21" substitute "clauses 21
and 21A".
25 Section 4 amended
30 In section 4 of the Consumer Affairs Legislation
Amendment (Reform) Act 2010, after proposed
clause 21 of Schedule 3 to the Fair Trading Act
1999 insert--
571052B.I-31/5/2011 19 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 6--Consumer Affairs Legislation Amendment (Reform) Act 2010
s. 26
"21A Transitional provision for Part 2D
(1) For the purposes of section 32ZZ, a
certificate issued under section 24 of the
Chattel Securities Act 1987 is taken to be a
5 written search result under section 170(2)(b)
of the Personal Property Securities Act 2009
of the Commonwealth.
(2) Subclause (1) expires on the commencement
of section 5 of the Personal Property
10 Securities (Statute Law Revision and
Implementation) Act 2010.".
26 Owners Corporations Act 2006
Section 77 of the Consumer Affairs Legislation
Amendment (Reform) Act 2010 is repealed.
15 27 Statute law revision
In section 16(1) of the Consumer Affairs
Legislation Amendment (Reform) Act 2010 for
"Insert the following heading to Part II of the
Goods Act 1958" substitute "For the heading to
20 Part II of the Goods Act 1958 substitute".
__________________
571052B.I-31/5/2011 20 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 7--Amendment of Certain Commencement Arrangements
s. 28
PART 7--AMENDMENT OF CERTAIN COMMENCEMENT
ARRANGEMENTS
28 Associations Incorporation Amendment Act 2009 See:
Act No.
In section 2(4) of the Associations Incorporation 12/2009
5 Amendment Act 2009, for "1 December 2011" and
amending
substitute "1 July 2012". Act No.
46/2010.
StatuteBook:
www.
legislation.
vic.gov.au
29 Associations Incorporation Amendment Act 2010 See:
Act No.
46/2010.
In section 2(2) of the Associations Incorporation StatuteBook:
Amendment Act 2010, for "1 December 2011" www.
10 substitute "1 July 2012". legislation.
vic.gov.au
30 Personal Property Securities (Statute Law Revision See:
Act No.
and Implementation) Act 2010 74/2010.
LawToday:
In section 2 of the Personal Property Securities www.
legislation.
(Statute Law Revision and Implementation) vic.gov.au
15 Act 2010--
(a) in subsection (2), for "Subject to subsection
(3), the" substitute "The";
(b) subsection (3) is repealed.
__________________
571052B.I-31/5/2011 21 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 8--Repeals and Consequential and Other Amendments
s. 31
PART 8--REPEALS AND CONSEQUENTIAL AND OTHER
AMENDMENTS
Division 1--Repeal of Companies (Administration) Act 1981
31 Repeal of Companies (Administration) Act 1981
5 The Companies (Administration) Act 1981 is
repealed.
Division 2--Consequential amendments for repeal of
Companies (Administration) Act 1981
32 Anglican Church of Australia Constitution Act 1960
10 In section 7 of the Anglican Church of Australia
Constitution Act 1960, for "shall be deposited
with the Commissioner for Corporate Affairs of
the State of Victoria. Every such copy and
statement shall be certified to by the Primate or
15 the person for the time being exercising the
authority of the Primate under the Constitution
and every copy and statement so certified and
registered" substitute "may be certified by the
Primate or the person for the time being
20 exercising the authority of the Primate under the
Constitution and every copy and statement so
certified".
33 Associations Incorporation Act 1981
In section 11(1)(b) of the Associations
25 Incorporation Act 1981 omit "Commissioner for
Corporate Affairs,".
34 Health Services Act 1988
In section 62(3) and (4)(b)(ii) of the Health
Services Act 1988, for "the Commissioner for
30 Corporate Affairs" substitute "ASIC within the
meaning of the ASIC Act".
571052B.I-31/5/2011 22 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 8--Repeals and Consequential and Other Amendments
s. 35
Division 3--Amendments of other Acts
35 Consumer Affairs Legislation Amendment Act 2010
(1) Section 33 of the Consumer Affairs Legislation
Amendment Act 2010 is repealed.
5 (2) In section 73(2)(c) of the Consumer Affairs
Legislation Amendment Act 2010, after
proposed section 89A(4)(i) of the Sex Work Act
1994 insert--
"(ia) subsection (3)(ia) is 1 penalty unit;".
10 (3) In item 7 of the Schedule to the Consumer
Affairs Legislation Amendment Act 2010, for
"Insert the following heading to Part 2"
substitute "For the heading to Part 2 substitute".
36 Evidence (Miscellaneous Provisions) Act 1958
15 In section 107A(1)(v) of the Evidence
(Miscellaneous Provisions) Act 1958, for
"National Institute of Accountants" substitute
"Institute of Public Accountants".
37 Legal Profession Act 2004
20 In sections 3.3.49(2)(g), 3.3.51(1)(a) and 3.3.58(2)
of the Legal Profession Act 2004, for "National
Institute of Accountants" substitute "Institute of
Public Accountants".
38 Residential Tenancies Amendment Act 2010
25 (1) In section 39(3) of the Residential Tenancies
Amendment Act 2010--
(a) omit "(1) and (2)(a)";
(b) before "substitute" insert "(where three
times occurring)".
571052B.I-31/5/2011 23 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Part 8--Repeals and Consequential and Other Amendments
s. 39
(2) In section 81(f)(i) of the Residential Tenancies
Amendment Act 2010, for 'after "rooming
house," insert "building," ' substitute
'for "rooming house or" substitute "rooming
5 house, building," '.
(3) In section 170 of the Residential Tenancies
Amendment Act 2010, for '"(bb)' substitute
"(bb)".
39 Retail Leases Act 2003
10 In section 3 of the Retail Leases Act 2003, for
paragraph (c) of the definition of accountant
substitute--
"(c) the Institute of Public Accountants;".
Division 4--Repeal of amending Act
15 40 Repeal of amending Act
This Act is repealed on 1 July 2013.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
20 Interpretation of Legislation Act 1984).
571052B.I-31/5/2011 24 BILL LA INTRODUCTION 31/5/2011
Consumer Acts Amendment Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571052B.I-31/5/2011 25 BILL LA INTRODUCTION 31/5/2011
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