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Parliamentary Committees and Inquiries Acts Amendment Act 2015

No. 10 of 2015

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 2

Part 2—Parliamentary Committees Act 2003 3

3 Definition 34 Amalgamation of Joint House Committees 35 New section 8 substituted 46 Education and Training Committee 47 New section 10 substituted 48 Law Reform, Drugs and Crime Prevention Committee 59 New section 13 inserted 510 Road Safety Committee and Rural and Regional Committee 611 New Part 9 inserted 6

Part 3—Inquiries Act 2014 10

12 Definitions 1013 Assistance for Formal Review witnesses 1114 New section 114 substituted 1215 Criminal liability of officers of bodies corporate—accessorial

liability 1216 New Part 7 inserted 12

Part 4—Repeal of amending Act 14

17 Repeal of amending Act 14═══════════════

Endnotes 15

1 General information 15

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Parliamentary Committees and Inquiries Acts Amendment Act 2015†

No. 10 of 2015

[Assented to 21 April 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The purposes of this Act are—

(a) to amend the Parliamentary Committees Act 2003 to amalgamate certain committees; and

(b) to make various minor amendments to the Inquiries Act 2014.

Victoria

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2 Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

Clause Page

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Part 2—Parliamentary Committees Act 20033 Definition

In section 3 of the Parliamentary Committees Act 2003 insert the following definition—

"regional Victoria has the meaning given in section 3(1) of the Regional Growth Fund Act 2011 and includes any other geographical area prescribed by regulations referred to in section 3(2) of that Act in the circumstances (if any) prescribed by those regulations;".

4 Amalgamation of Joint House Committees

In section 5 of the Parliamentary Committees Act 2003—

(a) for paragraph (b) substitute—

"(b) the Economic, Education, Jobs and Skills Committee;";

(b) paragraph (c) is repealed;

(c) for paragraph (d) substitute—

"(d) the Environment, Natural Resources and Regional Development Committee;";

(d) paragraph (f) is repealed;

(e) after paragraph (fa) insert—

"(g) the Law Reform, Road and Community Safety Committee;";

(f) paragraphs (i) and (j) are repealed.

Part 4—Repeal of amending Act

Parliamentary Committees and Inquiries Acts Amendment Act 2015No. 10 of 2015

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5 New section 8 substituted

For section 8 of the Parliamentary Committees Act 2003 substitute—

"8 Economic, Education, Jobs and Skills Committee

(1) The functions of the Economic, Education, Jobs and Skills Committee are, if so required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with—

(a) economic development, industrial affairs or infrastructure;

(b) the provision of services to new urban regions;

(c) the development or expansion of new urban regions;

(d) education or training.

(2) In this section—

urban regions means any part of Victoria developed for urban purposes that is not within regional Victoria.".

6 Education and Training Committee

Section 9 of the Parliamentary Committees Act 2003 is repealed.


For section 10 of the Parliamentary Committees Act 2003 substitute—

"10 Environment, Natural Resources and Regional Development Committee

The functions of the Environment, Natural Resources and Regional Development



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Committee are, if so required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with—

(a) the environment;

(b) natural resources;

(c) planning the use, development or protection of land;

(d) the provision of services to regional Victoria;

(e) the development of regional Victoria.".

8 Law Reform, Drugs and Crime Prevention Committee

Section 12 of the Parliamentary Committees Act 2003 is repealed.

9 New section 13 inserted

After section 12A of the Parliamentary Committees Act 2003 insert—

"13 Law Reform, Road and Community Safety Committee

(1) The functions of the Law Reform, Road and Community Safety Committee are, if so required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with—

(a) legal, constitutional or parliamentary reform;

(b) the administration of justice;

(c) law reform;



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(d) the use of drugs, including the manufacture, supply or distribution of drugs;

(e) the level or causes of crime or violent behaviour;

(f) road trauma;

(g) safety on roads and related matters.

(2) It is not a function of the Law Reform, Road and Community Safety Committee to inquire into, consider or report to the Parliament on any proposal, matter or thing concerned with—

(a) the joint standing orders of the Parliament; or

(b) the standing orders or rules of practice of the Council or the Assembly.".

10 Road Safety Committee and Rural and Regional Committee

Sections 15 and 16 of the Parliamentary Committees Act 2003 are repealed.

11 New Part 9 inserted

After Part 8 of the Parliamentary Committees Act 2003 insert—

"Part 9—Parliamentary Committees and Inquiries Acts

Amendment Act 201567 Definitions

In this Part—

commencement day means the day after the day on which the Parliamentary Committees and Inquiries Acts



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Amendment Act 2015 receives the Royal Assent;

former committee means a committee established by this Act, as in force immediately before the commencement day, that is specified in column 1 of the Table;

successor committee, in relation to a former committee, means the committee established by this Act that is specified in column 2 of the Table opposite the former committee.

Table

Column 1Former committee

Column 2Successor committee

Economic Development, Infrastructure and Outer Suburban/Interface Services Committee

Economic, Education, Jobs and Skills Committee

Education and Training Committee

Economic, Education, Jobs and Skills Committee

Environment and Natural Resources Committee

Environment, Natural Resources and Regional Development Committee

Law Reform, Drugs and Crime Prevention Committee

Law Reform, Road and Community Safety Committee

Road Safety Committee Law Reform, Road and Community Safety Committee

Rural and Regional Committee

Environment, Natural Resources and Regional Development Committee

68 Transitional provisions

(1) On the commencement day—



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(a) a member of a former committee becomes a member of the successor committee; and

(b) a sub-committee of a former committee becomes a sub-committee of the successor committee.

(2) A referral to a former committee under section 33 that is current immediately before the commencement day continues in force, on and after that day, as if it were a referral to the successor committee.

(3) For the purposes of subsection (2), a referral is current if the former committee has not made a final report to the Parliament on the proposal, matter or thing referred.

(4) On and after the commencement day—

(a) a resolution by a former committee to use an audio or audio visual link under section 25(5) that was in force immediately before that day continues in force as if it were a resolution of the successor committee; and

(b) an invitation to a member of the Council or the Assembly or to a member of the public under section 26(1) to be present at a meeting of a former committee or a sub-committee of a former committee that was in force immediately before that day continues in force as if it were an invitation by the successor committee or a sub-committee of the successor committee; and

(c) a requirement under section 28(1) by a former committee to attend or produce a document or thing that was in force



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immediately before that day continues in force as if it were a requirement by the successor committee; and

(d) the empowerment of a specified member or members of a former committee under section 28(5) that was in force immediately before that day continues in force as if it were an empowerment of the member or members by the successor committee.

(5) A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to a former committee must be construed as a reference to the successor committee—

(a) so far as the reference relates to any period on or after the commencement day; and

(b) if not inconsistent with the subject matter.".



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Part 3—Inquiries Act 201412 Definitions

In section 3 of the Inquiries Act 2014—

(a) for the definition of judicial officer substitute—

"judicial officer means any of the following—

(a) a Judge of the Supreme Court;

(b) a reserve Judge of the Supreme Court;

(c) an Associate Judge of the Supreme Court;

(d) a reserve Associate Judge of the Supreme Court;

(e) a Judge or reserve Judge of the Supreme Court who is appointed or assigned to VCAT;

(f) a judge of the County Court;

(g) a reserve judge of the County Court;

(h) an associate judge of the County Court;

(i) a reserve associate judge of the County Court;

(j) a person referred to in paragraph (f) or (g) who is appointed or assigned to VCAT;

(k) a magistrate;



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(l) a reserve magistrate;

(m) a magistrate or reserve magistrate who is appointed or assigned to the Children's Court, the Coroners Court or VCAT;

(n) a reserve coroner;

(o) a person appointed under section 94 of the Coroners Act 2008;

(p) a judicial registrar of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court or the Coroners Court;";

(b) in the definition of member, after paragraph (b) insert—

"(c) of VCAT, has the same meaning as member has, in relation to the Tribunal, in section 3 of the Victorian Civil and Administrative Tribunal Act 1998;";

(c) for the definition of non-judicial member of VCAT substitute—

"non-judicial member of VCAT means a member of VCAT who is not a judicial officer;".

13 Assistance for Formal Review witnesses

For section 93(3)(b)(v) of the Inquiries Act 2014 substitute—

"(v) whether persons who attend the Formal Review at the request of the Formal Review are entitled to be paid expenses and allowances;".



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For section 114 of the Inquiries Act 2014 substitute—

"114 Costs of attending Formal Review

(1) This section applies to a person who attends a Formal Review at the request of the Formal Review if the establishing instrument for the Formal Review—

(a) provides that persons who attend the Formal Review at the request of the Formal Review are entitled to be paid expenses and allowances; and

(b) authorises the Formal Review to incur expenses and financial obligations.

(2) The person is entitled to be paid expenses and allowances in accordance with the prescribed scale.".

15 Criminal liability of officers of bodies corporate—accessorial liability

For section 128(4) of the Inquiries Act 2014 substitute—

"(4) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".

16 New Part 7 inserted

After Part 6 of the Inquiries Act 2014 insert—

"Part 7—Transitional150 Inquiries by commissions and boards

under Part IVA of the Constitution Act 1975



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(1) Despite the repeal of Part IVA of the Constitution Act 1975—

(a) a former commission or former board has, and is to be taken always to have had, the power to continue a current inquiry; and

(b) the Governor in Council may amend the letters patent or other instrument of appointment of a former commission or former board in relation to a current inquiry as if that Part had not been repealed.

(2) In this section—

current inquiry means an inquiry by a former commission or former board that was begun but has not been completed before the repeal of Part IVA of the Constitution Act 1975;

former board means a board appointed under section 88C of the Constitution Act 1975 before the repeal of Part IVA of that Act;

former commission means a person or persons to whom a commission was issued under section 88B of the Constitution Act 1975 before the repeal of Part IVA of that Act.".



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Part 4—Repeal of amending Act17 Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

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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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: 11 February 2015

Legislative Council: 26 February 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Parliamentary Committees Act 2003 to amalgamate certain committees and to make various minor amendments to the Inquiries Act 2014 and for other purposes."

Documents

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