Victorian Numbered Acts
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FIRE SERVICES LEVY MONITOR ACT 2012 (NO. 81 OF 2012)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
PART 2--THE FIRE SERVICES LEVY MONITOR
4. Establishment of office of the Fire Services Levy Monitor
5. Independence of the Monitor
6. Functions of the Monitor
7. Powers of the Monitor
8. Appointment of Fire Services Levy Monitor
9. Appointment of Deputy Fire Services Monitor
10. Cessation of office
11. Removal from office
12. Effect of vacancy in office of the Monitor
13. Power of delegation
14. Staff
15. Consultants
16. Immunity
17. Secrecy
PART 3--MONITORING POWERS
18. Power to obtain information and documents to monitor compliance
19. Power to obtain information, documents and evidence
20. Powers in relation to documents
21. Copies of seized documents
22. Retention and return of seized documents
23. Magistrates' Court may extend 3 month period
24. Service of documents
25. Information sharing
PART 4--PRICE EXPLOITATION AND FALSE, MISLEADING AND DECEPTIVE PRACTICES
Division 1--Price exploitation
26. Price exploitation in relation to the fire services levy reform
27. Price exploitation guidelines
28. Monitor may issue notice to insurance company for a contravention of section 26
29. Monitor may give notice to aid prevention of price exploitation
30. Monitor may monitor prices
Division 2--Prohibited conduct
31. Prohibition on conduct falsely representing or misleading or deceiving
Division 3--Pecuniary penalties
32. Pecuniary penalty for contravention of penalty provision
33. Defence to proceedings under section 32 relating to a contravention of section 31
34. What happens if substantially the same conduct is a contravention of section 31 and is an offence?
35. Conduct contravening more than one pecuniary penalty provision
36. Civil evidence and procedure rules for pecuniary penalty order
37. Evidence given in civil proceedings not admissible in criminal proceedings
38. State of mind
39. Pecuniary penalty to be paid into Consolidated Fund
PART 5--CODES OF PRACTICE
40. Preparation of draft code of practice by the Monitor
41. Consideration of draft code of practice
42. Prescribing codes of practice
43. Offence to breach code of practice
PART 6--FIRE SERVICE LEVY DISPUTES
44. Making a fire services levy dispute complaint
45. Conciliation and mediation
46. Powers of the Director in relation to certain proceedings
47. Proceedings and costs
PART 7--INSPECTION POWERS
Division 1--Inspectors
48. Appointment of inspectors
49. Inspector's identification
50. Production of identification
Division 2--Requirements to produce information
51. Inspector may seek court order
52. Inspection of documents under court order
53. Notification of execution of court order
Division 3--Entry and search of premises with consent
54. Entry and search with consent
55. Notice before entry and search
56. Acknowledgement of consent to entry and search
Division 4--Entry and search of premises with warrant
57. Search warrants
58. Form and content of search warrants
59. Announcement before entry
60. Details of warrant to be given to occupier
61. Seizure of things not mentioned in the warrant
Division 5--Documents
62. Copies of seized documents
63. Retention and return of seized documents or things
64. Magistrates' Court may extend 3 month period
Division 6--Offences
65. Refusal or failure to comply with requirement
66. Protection against self-incrimination
67. Offence to give false or misleading information
68. Offence to hinder or obstruct inspector
69. Offence to impersonate inspector
Division 7--Miscellaneous
70. Entry to be reported to the Monitor
71. Requirement to assist inspector during entry
72. Register of exercise of powers of entry
73. Complaints
74. Service of documents
75. Confidentiality
PART 8--REMEDIES AND LEGAL PROCEEDINGS
Division 1--Substantiation notices
76. Monitor may require claim to be substantiated
77. Extending period for complying with substantiation notice
78. Compliance with a substantiation notice
79. False or misleading information
Division 2--Compensation orders
80. Compensation order on application of injured person or the Monitor
81. Order to redress loss or damage suffered by non-party consumers
82. Determining whether to make an order under section 81(1)
83. When is a non-party consumer bound by an order under section 81
84. What kinds of orders can be made?
85. Power of court to make orders
86. Interaction with Divisions 1 and 3
Division 3--General
87. Prosecutions of offences
88. Who can bring proceedings for offences?
89. Contraventions by bodies corporate
90. Conduct by officers, employees or agents
91. Interpretation
92. Undertakings
93. Copy of undertaking
94. Register of undertakings
95. Injunctions to restrain conduct
96. Injunctions to do an act or thing
97. Interim injunctions
98. Power to rescind or vary injunctions
99. Undertakings as to costs
100. Powers of court if requirement of Monitor or inspector not complied with
101. Non-punitive orders—Corrective advertising orders
102. Punitive orders—Adverse publicity orders
103. Defences
104. Findings in proceedings to be evidence
105. Orders against persons found to have contravened this Act
106. Public warning statements
107. Complaints and evidence are privileged
PART 9--GENERAL
108. When is a person not liable?
109. Power to make request to the Essential Services Commission
110. Report
111. Regulations
112. Amendment of the Australian Consumer Law and Fair Trading Act 2012
113. Amendment of the Essential Services Commission Act 2001
114. Amendment of the Fire Services Property Levy Act 2012
115. Amendment of Public Administration Act 2004
116. Transitional provisions
117. Sunset
ENDNOTES
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