PARLIAMENT OF VICTORIA
Consumer Acts and Other Acts Amendment Bill
2015
TABLE OF PROVISIONS
Clause
Page
Part 1—Preliminary
1
2
1
Purposes
Commencement
1
3
Part 2—Amendment of Australian Consumer Law and Fair
Trading Act 2012
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Power to obtain information, documents and evidence
Entry and search with consent
Notice before entry and search
Acknowledgement of consent to entry and search
Powers during emergency entry
Entry without consent or warrant
Search warrants
Form and content of search warrants
New section 158A inserted
Protection against self-incrimination
Undertakings
Sections 201 to 207 substituted
Undertakings as to damages and costs
New section 210A inserted
Orders to prohibit payment of money or transfer of other
property
Findings in proceedings to be evidence
Orders against persons found to have contravened this Act
New section 216A inserted
Disapplication of certain provisions to Australian Consumer
Law (Victoria)
Schedule 1 amended
4
4
4
5
5
5
5
5
6
7
9
9
10
13
13
15
15
15
15
16
16
Part 3—Amendment of other Acts
17
Division 1—Associations Incorporation Reform Act 2012
17
23 Removal from and vacation of office
17
Division 2—Residential Tenancies Act 1997
17
24 Service of documents
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Clause
Page
25 References to Fair Trading Act 1999 substituted
26 References to municipal council substituted
Division 3—Retirement Villages Act 1986
27
28
29
30
31
32
33
18
18
19
Definitions
Residents committee
By-laws
Increases in maintenance charge
New section 38AA inserted
Maintenance charges—former non-owner residents
Payments to owner residents
19
19
19
19
20
21
21
Division 4—Sale of Land Act 1962 and Property Law Act 1958
22
34 Heading to Subdivision 5 of Division 4 of Part I amended
35 Legal practitioner not to act for both vendor and purchaser
under a terms contract
36 Provisions as to contracts
22
Division 5—Sex Work Act 1994
22
22
23
37 Definitions
38 Sex workers and clients must adopt safer sex practices
39 Permitting sex worker infected with a disease to work in a
brothel etc.
40 Sex worker working while infected with a disease
41 New section 20A inserted
42 Disciplinary powers of Tribunal
43 Reference to Commonwealth Department of Immigration and
Citizenship substituted
Division 6—Second-Hand Dealers and Pawnbrokers Act 1989
44 Determination of disciplinary measures by Tribunal
23
23
23
24
24
25
25
25
25
Division 7—State Trustees (State Owned Company) Act 1994
26
45 Continued application of the Trustee Companies Act 1984
26
Part 4—Repeal
27
46 Repeal of amending Act
═══════════════
Endnotes
1
28
General information
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Consumer Acts and Other Acts
Amendment Bill 2015
A Bill for an Act to amend various Consumer Acts, the Property Law
Act 1958 and the State Trustees (State Owned Company) Act 1994
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 Australian Consumer Law
and Fair Trading Act 2012 to better align
the provisions relating to enforcement and
remedies with the equivalent provisions of
the Australian Consumer Law (Victoria) and
the Competition and Consumer Act 2010 of
the Commonwealth; and
5
10
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Part 1—Preliminary
(b) to amend the Associations Incorporation
Reform Act 2012 to provide that a
committee member of an incorporated
association vacates that office if the member
is disqualified from managing a corporation
or a co-operative; and
5
(c) to amend the Residential Tenancies
Act 1997 to make express provision for the
service of documents by electronic
communication; and
10
(d) to amend the Retirement Villages
Act 1986—
(i) to relocate from the regulations into
that Act the formula for the calculation
of the adjusted maintenance charge for
a financial year for a retirement village;
and
15
20
(ii) to make other amendments to improve
the consistency of terminology used in
that Act; and
25
(e) to amend the Sale of Land Act 1962 to
apply to conveyancers the same restrictions
that apply to legal practitioners in relation to
acting for both the vendor and purchaser
under a terms contract; and
(f) to amend the Property Law Act 1958 to
apply to conveyancers the same conditions
that apply to legal practitioners in relation to
the payment by a purchaser of costs and
expenses under a contract for the sale of
land; and
30
(g) to amend the Sex Work Act 1994—
(i) to change all references to a sexually
transmitted disease to a reference to a
sexually transmissible infection; and
35
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Part 1—Preliminary
(ii) to provide that action may be taken
under that Act against a person who is
not a licensee if the person was a
licensee at the time the grounds for
taking the action existed; and
5
(h) to amend the Second-Hand Dealers and
Pawnbrokers Act 1989 to provide that
action may be taken under that Act against a
person who is not a registered second-hand
dealer or an endorsed pawnbroker if the
person was so registered or endorsed at the
time the grounds for taking the action
existed; and
10
(i) to amend the State Trustees (State Owned
Company) Act 1994 to remove the
requirement for State Trustees to make a
declaration to the Director of Consumer
Affairs Victoria.
15
2 Commencement
20
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 30 September 2016, it comes into
operation on that day.
25
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Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012
Part 2—Amendment of Australian
Consumer Law and Fair Trading Act 2012
3 Power to obtain information, documents and
evidence
5
10
After section 126(2) of the Australian Consumer
Law and Fair Trading Act 2012 insert—
"(2A) The Director may exercise, or continue to
exercise, a power under subsection (1) in
relation to a matter referred to in that
subsection until—
(a) the Director commences a proceeding
in relation to the matter (other than a
proceeding for an injunction, whether
interim or final); or
15
(b) the close of pleadings in relation to an
application by the Director for a final
injunction in relation to the matter.".
4 Entry and search with consent
20
25
(1) For section 149(2)(c) of the Australian
Consumer Law and Fair Trading Act 2012
substitute—
"(c) require any document on the premises to be
produced for examination and, if the
inspector believes on reasonable grounds that
the document is connected with the alleged
contravention—
(i) examine, make copies or take extracts
from the document, or arrange for the
making of copies or the taking of
extracts; or
30
(ii) remove the document for so long as is
reasonably necessary to make copies or
take extracts from the document.".
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(2) In section 149(3) of the Australian Consumer
Law and Fair Trading Act 2012, after "image"
insert ", audio recording".
5 Notice before entry and search
5
10
After section 150(b)(iii) of the Australian
Consumer Law and Fair Trading Act 2012
insert—
"(iiia) that the occupier may refuse to produce any
document required to be produced for
examination; and".
6 Acknowledgement of consent to entry and search
After section 151(2)(a)(iii) of the Australian
Consumer Law and Fair Trading Act 2012
insert—
15
"(iiia) that the occupier may refuse to produce any
document required to be produced for
examination; and".
7 Powers during emergency entry
20
In section 154(2)(b) of the Australian Consumer
Law and Fair Trading Act 2012, after "image"
insert ", audio recording".
8 Entry without consent or warrant
25
In section 155(2)(f) of the Australian Consumer
Law and Fair Trading Act 2012, after "image"
insert ", audio recording".
9 Search warrants
(1) For section 157(1) of the Australian Consumer
Law and Fair Trading Act 2012 substitute—
30
"(1) An inspector may apply to a magistrate for
the issue of a search warrant in relation to
particular premises if the inspector believes
on reasonable grounds that—
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(a) there is, or may be within the next
72 hours, on the premises evidence that
a person may have contravened this Act
or the regulations; or
5
10
(b) there is evidence in digital or electronic
format that a person may have
contravened this Act or the regulations
which is accessible from the premises.".
(2) Section 157(2) of the Australian Consumer Law
and Fair Trading Act 2012 is repealed.
(3) For section 157(3) of the Australian Consumer
Law and Fair Trading Act 2012 substitute—
15
"(3) If a magistrate is satisfied by the evidence,
on oath or by affidavit, that there are
reasonable grounds to believe that—
20
(a) there is, or may be within the next
72 hours, on the premises a thing, or
thing of a particular kind, connected
with a contravention of this Act or the
regulations; or
25
(b) there is information in digital or
electronic format connected with a
contravention of this Act or the
regulations that is accessible from the
premises—
the magistrate may issue the search warrant
in accordance with the Magistrates' Court
Act 1989.".
10 Form and content of search warrants
30
35
(1) After section 158(1)(b) of the Australian
Consumer Law and Fair Trading Act 2012
insert—
"(ba) make an image of the hard drive of a
computer, or a computer of a particular kind,
named or described in the warrant, if the
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inspector believes on reasonable grounds that
information contained on the hard drive is
connected with the alleged contravention;
5
(bb) in the case of information in electronic or
digital format described in the warrant that is
accessible from the premises, if the inspector
believes on reasonable grounds that the
information is connected with the alleged
contravention—
10
(i) access the information via any
computer or other electronic device
located on the premises;
(ii) download or make an electronic copy
of that information;
15
(iii) make or produce a physical copy of that
information;".
(2) In section 158(1)(c) of the Australian Consumer
Law and Fair Trading Act 2012, after "image"
insert ", audio recording".
20
11 New section 158A inserted
After section 158 of the Australian Consumer
Law and Fair Trading Act 2012 insert—
25
30
"158A Warrant may authorise the giving of a
direction requiring assistance from person
with knowledge of a computer or other
electronic device
(1) This section applies if a magistrate is
satisfied by evidence, on oath or by affidavit,
that there are reasonable grounds to believe
that there is information in digital or
electronic format connected with a
contravention of this Act or the regulations
that is accessible from particular premises.
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5
(2) Subject to subsection (3), a warrant issued by
the magistrate under section 157(3) may
authorise the inspector named in the warrant
to require a person to provide any
information or assistance that is reasonable
and necessary to allow the inspector or
another person to do one or more of the
following things—
(a) access information held in, or
accessible from, any computer or other
electronic device located on the
premises;
10
(b) download or make an electronic copy
of that information;
15
(c) make or produce a physical copy of that
information.
(3) The inspector may require a person to
provide the information or assistance
referred to in subsection (2) if the person—
20
(a) is one of the following—
(i) the person alleged to have
contravened this Act or the
regulations;
(ii) the owner or lessee of the
computer or other electronic
device;
25
(iii) an employee of the owner or
lessee of the computer or
electronic device;
30
(iv) a person engaged under a contract
for services by the owner or lessee
of the computer or electronic
device; and
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(b) has relevant knowledge of—
(i) the computer or electronic device
or a computer network of which
the computer or device forms or
formed part; or
5
(ii) measures applied to protect
information held in, or accessible
from, the computer or electronic
device.".
10
12 Protection against self-incrimination
After section 170(2) of the Australian Consumer
Law and Fair Trading Act 2012 insert—
15
20
"(3) Despite subsection (1), it is not a reasonable
excuse for a natural person to refuse or fail to
provide information or assistance that a
person is required under section 158A to
provide, if the provision of the information
or assistance would tend to incriminate the
person.".
13 Undertakings
(1) Section 198(3) and (4) of the Australian
Consumer Law and Fair Trading Act 2012 are
repealed.
25
30
(2) In section 198(5) of the Australian Consumer
Law and Fair Trading Act 2012, for "the
Magistrates' Court" substitute "a court".
(3) In section 198(6) and (7) of the Australian
Consumer Law and Fair Trading Act 2012, for
"the Magistrates' Court" (wherever occurring)
substitute "the court".
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14 Sections 201 to 207 substituted
For sections 201 to 207 of the Australian
Consumer Law and Fair Trading Act 2012
substitute—
5
10
"201 Injunctions
(1) A court may grant an injunction, in such
terms as the court considers appropriate, if
the court is satisfied that a person has
engaged, or is proposing to engage, in
conduct that constitutes or would
constitute—
(a) a contravention of a provision of this
Act; or
(b) attempting to contravene such a
provision; or
15
(c) aiding, abetting, counselling or
procuring a person to contravene such a
provision; or
(d) inducing, or attempting to induce,
whether by threats, promises or
otherwise, a person to contravene such
a provision; or
20
(e) being in any way, directly or indirectly,
knowingly concerned in, or party to, the
contravention by a person of such a
provision; or
25
(f) conspiring with others to contravene
such a provision.
30
(2) The court may grant the injunction on
application by the Director or any other
person.
(3) An application for an injunction under
subsection (1) may be made ex parte.
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(4) The power of the court to grant an injunction
under subsection (1) restraining a person
from engaging in conduct may be
exercised—
5
(a) whether or not it appears to the court
that the person intends to engage again,
or to continue to engage, in conduct of
a kind referred to in that subsection;
and
10
(b) whether or not the person has
previously engaged in conduct of that
kind; and
(c) whether or not there is an imminent
danger of substantial damage to any
other person if the person engages in
conduct of that kind.
15
20
(5) Without limiting subsection (1), the Supreme
Court may grant an injunction under that
subsection restraining a person from carrying
on a business or supplying goods or services
(whether or not as part of, or incidental to,
the carrying on of another business)—
(a) for a specified period; or
(b) except on specified terms and
conditions.
25
(6) Without limiting subsection (1), the court
may grant an injunction under that
subsection requiring a person to do any of
the following—
30
(a) institute a training program for the
person's employees in relation to
compliance with this Act;
(b) refund money;
(c) transfer property;
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(d) disclose information about the person's
business activities or business
associates;
(e) honour a promise;
5
(f) destroy or dispose of goods.
(7) The power of the court to grant an injunction
under subsection (1) requiring a person to do
an act or thing may be exercised—
(a) whether or not it appears to the court
that the person intends to refuse or fail
again, or to continue to refuse or fail, to
do that act or thing; and
10
(b) whether or not the person has
previously refused or failed to do that
act or thing; and
15
(c) whether or not there is an imminent
danger of substantial damage to any
other person if the person refuses or
fails to do that act or thing.
20
202 Consent injunctions
If an application is made under section 201,
the court may, if it considers that it is
appropriate to do so, grant an injunction
under this section by consent of all the
parties to the proceeding, whether or not the
court is satisfied as required by
section 201(1).
25
203 Interim injunctions
If an application is made under section 201,
the court, if it considers that it is desirable to
do so, may grant an interim injunction under
this section pending the determination of the
application.
30
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204 Variation and discharge of injunctions
A court may vary or discharge—
(a) an injunction that it has granted under
section 201 or 202; or
5
(b) an interim injunction that it has granted
under section 203.".
15 Undertakings as to damages and costs
(1) In section 208(1) of the Australian Consumer
Law and Fair Trading Act 2012—
10
(a) omit ", 202 or 203";
(b) omit "the Minister or" (where twice
occurring).
(2) In section 208(2) of the Australian Consumer
Law and Fair Trading Act 2012—
15
(a) for "202 or 203" substitute "201";
(b) omit "the Minister or";
(c) for "the applicant" substitute "the Director".
16 New section 210A inserted
20
After section 210 of the Australian Consumer
Law and Fair Trading Act 2012 insert—
"210A Non-punitive orders—Other orders
25
30
(1) A court, on the application of the Director,
may make one or more of the orders
specified in subsection (3) in relation to a
person if the court is satisfied that the person
has contravened or has been involved in a
contravention of Part 3.1, 4.1 or 6.3.
(2) A court may make an order under this
section in addition to an order made by the
court under section 210.
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(3) For the purposes of subsection (1), the court
may make the following orders—
(a) an order directing the person to perform
a specified service, that relates to the
conduct, for the benefit of the
community or a section of the
community;
5
(b) an order for the purpose of ensuring
that the person does not engage in the
conduct, similar conduct or related
conduct during the period of the order
(which must not be longer than 3 years)
including—
10
(i) an order directing the person to
establish a compliance program
for employees or other persons
involved in the person's business,
being a program designed to
ensure their awareness of the
responsibilities and obligations in
relation to such conduct; and
15
20
30
(ii) an order directing the person to
establish an education and training
program for employees or other
persons involved in the person's
business, being a program
designed to ensure the person's
awareness of the responsibilities
and obligations in relation to such
conduct; and
35
(iii) an order directing the person to
revise the internal operations of
the person's business which led to
the person engaging in such
conduct.".
25
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17 Orders to prohibit payment of money or transfer of
other property
5
In section 212(8)(b)(i) of the Australian
Consumer Law and Fair Trading Act 2012
omit ", 202, 203, 205 or 206".
18 Findings in proceedings to be evidence
10
In section 215(1) of the Australian Consumer
Law and Fair Trading Act 2012, for
"section 201, 202, 203, 205, 206, 210 or 211"
substitute "section 201, 210, 210A or 211".
19 Orders against persons found to have contravened
this Act
15
(1) In section 216(1)(a) of the Australian
Consumer Law and Fair Trading Act 2012
omit "(the accused)".
(2) In section 216(2)(a), (d), (e), (f), (g) and (h) of the
Australian Consumer Law and Fair Trading
Act 2012, for "accused" substitute "person
against whom the proceedings were brought".
20
(3) In section 216(3) of the Australian Consumer
Law and Fair Trading Act 2012—
(a) for "section 201, 203 or 217" substitute
"section 201 or 217";
(b) omit "against an accused".
25
20 New section 216A inserted
After section 216 of the Australian Consumer
Law and Fair Trading Act 2012 insert—
"216A Declarations
30
(1) A person may commence a proceeding in a
court seeking, in relation to a matter arising
under this Act, the making of—
(a) a declaration in relation to the operation
or effect of any provision of this Act; or
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(b) a declaration in relation to the validity
of any act or thing done, proposed to be
done or purporting to have been done
under this Act.
5
10
(2) The Director may commence a proceeding
in a court seeking, in relation to a matter
arising under this Act, the making of a
declaration of the kind that may be made
under subsection (1)(a).".
21 Disapplication of certain provisions to Australian
Consumer Law (Victoria)
In section 230 of the Australian Consumer Law
and Fair Trading Act 2012 omit "202, 205,".
22 Schedule 1 amended
15
In Schedule 1 to the Australian Consumer Law
and Fair Trading Act 2012 omit "Business
Names Act 1962".
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Part 3—Amendment of other Acts
Part 3—Amendment of other Acts
Division 1—Associations Incorporation Reform
Act 2012
23 Removal from and vacation of office
5
(1) In section 78(2)(c)(iii) of the Associations
Incorporation Reform Act 2012, for "1986;"
substitute "1986; or".
(2) After section 78(2)(c)(iii) of the Associations
Incorporation Reform Act 2012 insert—
10
15
"(iv) is disqualified from managing corporations
under Part 2D.6 of the Corporations Act; or
(v) is disqualified from managing Aboriginal
and Torres Strait Islander corporations under
Part 6-5 of the Corporations (Aboriginal and
Torres Strait Islander) Act 2006 of the
Commonwealth; or
(vi) is disqualified from managing co-operatives
under Division 2 of Part 3.1 of the
Co-operatives National Law (Victoria);".
20
Division 2—Residential Tenancies Act 1997
24 Service of documents
(1) After section 506(1)(d) of the Residential
Tenancies Act 1997 insert—
25
"(da) by electronic communication in accordance
with the Electronic Transactions (Victoria)
Act 2000; or".
(2) After section 506(3)(b) of the Residential
Tenancies Act 1997 insert—
30
"(ba) by electronic communication in accordance
with the Electronic Transactions (Victoria)
Act 2000; or".
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(3) The note at the foot of section 506(3) of the
Residential Tenancies Act 1997 is repealed.
25 References to Fair Trading Act 1999 substituted
5
10
(1) In sections 209(2) and 399A(2) of the Residential
Tenancies Act 1997, for "section 105 of the Fair
Trading Act 1999" substitute "section 115 of the
Australian Consumer Law and Fair Trading
Act 2012".
(2) In section 510B of the Residential Tenancies
Act 1997, in paragraph (a) of the definition of
authorised officer, for "Fair Trading Act 1999"
substitute "Australian Consumer Law and Fair
Trading Act 2012".
26 References to municipal council substituted
15
20
(1) In section 3(1) of the Residential Tenancies
Act 1997, in the definition of public statutory
authority, for "municipal council" substitute
"Council".
(2) In section 516(f) of the Residential Tenancies
Act 1997, for "municipal council" substitute
"Council".
(3) In the heading to section 518F of the Residential
Tenancies Act 1997, for "Municipal council"
substitute "Council".
25
30
(4) In section 518F(1) of the Residential Tenancies
Act 1997, for "municipal council" (where twice
occurring) substitute "Council".
(5) In sections 520, 521, 522(1), 524(2) and 525(2) of
the Residential Tenancies Act 1997, for
"municipal council" substitute "Council".
(6) In sections 525(4) and 525(5)(d) of the
Residential Tenancies Act 1997, for
"municipal council" (where twice occurring)
substitute "Council".
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(7) In sections 526(5), 526A(3)(b) and 527(1)
of the Residential Tenancies Act 1997, for
"municipal council" substitute "Council".
Division 3—Retirement Villages Act 1986
5
27 Definitions
In section 3(1) of the Retirement Villages
Act 1986, in the definition of residence right, for
"residential hostel" substitute "residential,
hostel".
10
28 Residents committee
(1) In section 36(3) of the Retirement Villages
Act 1986, for "meeting of residents" substitute
"meeting of the residents".
15
(2) In section 36(6) of the Retirement Villages
Act 1986, for "meeting of all the residents living
at the retirement village" substitute "meeting of
the residents".
29 By-laws
20
In section 37(4) of the Retirement Villages
Act 1986, for "meeting of residents" substitute
"meeting of the residents".
30 Increases in maintenance charge
25
(1) In section 38(1) of the Retirement Villages
Act 1986, in the definition of adjusted
maintenance charge, for "the regulations"
substitute "section 38AA".
(2) In section 38(6)(b)(ii) of the Retirement Villages
Act 1986, for "residents meeting" substitute
"meeting of the residents".
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31 New section 38AA inserted
After section 38 of the Retirement Villages
Act 1986 insert—
5
10
15
"38AA Formula for calculation of adjusted
maintenance charge
(1) The adjusted maintenance charge for a
relevant financial year for an existing
retirement village or a new retirement village
that has been in operation for at least one
relevant financial year must be determined in
accordance with subsection (2).
(2) For the purposes of subsection (1), the
adjusted maintenance charge must be
determined for each relevant financial year
for the retirement village in accordance with
the formula—
A
B
C
where—
A is—
20
(i) subject to subparagraph (ii), the
adjusted maintenance charge for
the previous relevant financial
year for the village; or
(ii) in the case of a new retirement
village that has been in operation
for only one relevant financial
year, the maintenance charge for
that relevant financial year for the
village;
25
30
B is the sum of the consumer price index
numbers for each of the reference
periods ending in the previous relevant
financial year for the village;
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Part 3—Amendment of other Acts
C is the sum of the consumer price index
numbers for each of the reference
periods ending in the relevant financial
year immediately preceding the
previous relevant financial year for the
village.
5
(3) The amount obtained by the application of
the formula set out in subsection (2) may be
rounded to the nearest multiple of 10 cents.
10
(4) In this section—
consumer price index means the all groups
consumer price index for Melbourne in
original terms published by the
Australian Bureau of Statistics;
15
relevant financial year means, in respect of
a retirement village, a period that
consists of 12 consecutive months
commencing on the date fixed by the
manager of the retirement village.".
20
32 Maintenance charges—former non-owner residents
In section 38B(3) of the Retirement Villages
Act 1986, for "a resident of the village" substitute
"a non-owner resident of the village".
33 Payments to owner residents
25
In the heading to section 38I of the Retirement
Villages Act 1986, for "owner residents"
substitute "former residents".
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Part 3—Amendment of other Acts
Division 4—Sale of Land Act 1962 and Property
Law Act 1958
34 Heading to Subdivision 5 of Division 4 of Part I
amended
5
In the heading to Subdivision 5 of Division 4 of
Part I of the Sale of Land Act 1962, after
"legal practitioners" insert "and conveyancers".
35 Legal practitioner not to act for both vendor and
purchaser under a terms contract
10
15
(1) In the heading to section 29W of the Sale of
Land Act 1962, after "Legal practitioner" insert
"or conveyancer".
(2) In section 29W(1) and (2) of the Sale of
Land Act 1962, after "legal practitioner"
(wherever occurring) insert "or conveyancer".
(3) In section 29W(3) of the Sale of Land
Act 1962—
(a) after "legal practitioner" insert
"or conveyancer";
20
(b) for "the practitioner" substitute
"the legal practitioner or conveyancer".
(4) In section 29W(4)(a) of the Sale of Land
Act 1962, after "legal practitioner" insert
"or conveyancer".
25
36 Provisions as to contracts
(1) In section 42(3) of the Property Law Act 1958,
after "legal practitioner" insert "or conveyancer".
(2) After section 42(6) of the Property Law Act
1958 insert—
30
"(7) In this section—
conveyancer means a licensee under the
Conveyancers Act 2006.".
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Part 3—Amendment of other Acts
Division 5—Sex Work Act 1994
37 Definitions
In section 3(1) of the Sex Work Act 1994—
(a) the definition of sexually transmitted
disease is repealed;
5
(b) insert the following definition—
"sexually transmissible infection means a
disease or condition prescribed by the
regulations to be a sexually
transmissible infection;".
10
38 Sex workers and clients must adopt safer sex
practices
15
In section 18A(1) and (2) of the Sex Work
Act 1994, for "sexually transmitted diseases"
substitute "sexually transmissible infections".
39 Permitting sex worker infected with a disease to
work in a brothel etc.
(1) For the heading to section 19 of the Sex Work
Act 1994 substitute—
20
25
"Permitting infected sex worker to work in a
brothel etc.".
(2) In section 19(1) and (2) of the Sex Work
Act 1994, for "sexually transmitted disease"
(wherever occurring) substitute "sexually
transmissible infection".
(3) In section 19(2)(a)(ii) of the Sex Work Act 1994,
for "determined by the Health Minister by Order
published in the Government Gazette" substitute
"determined under section 20A".
30
(4) Section 19(3) of the Sex Work Act 1994 is
repealed.
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40 Sex worker working while infected with a disease
(1) In the heading to section 20 of the Sex Work
Act 1994 omit "with a disease".
5
10
(2) In section 20(1) and (2) of the Sex Work
Act 1994, for "sexually transmitted disease"
(wherever occurring) substitute "sexually
transmissible infection".
(3) In section 20(2)(a)(ii) of the Sex Work Act 1994,
for "determined by the Health Minister by Order
published in the Government Gazette" substitute
"determined under section 20A".
(4) Section 20(3) of the Sex Work Act 1994 is
repealed.
41 New section 20A inserted
15
After section 20 of the Sex Work Act 1994
insert—
"20A Determination of time periods for swab
tests
20
25
(1) The Health Minister, by Order published in
the Government Gazette, may determine the
time periods at which swab tests must be
taken by a sex worker for the purposes
referred to in sections 19(2)(a)(ii)
and 20(2)(a)(ii).
(2) In this section—
Health Minister means the person for the
time being administering section 15 of
the Public Health and Wellbeing
Act 2008.".
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Part 3—Amendment of other Acts
42 Disciplinary powers of Tribunal
After section 48A(7) of the Sex Work Act 1994
insert—
5
10
"(8) 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 48(3) existed or was alleged to exist,
even if the person is not a licensee at the
time any action is taken under this section.".
43 Reference to Commonwealth Department of
Immigration and Citizenship substituted
In sections 25(d), 26(c) and 67(1A)(d) of the Sex
Work Act 1994, for "Citizenship" substitute
"Border Protection".
15
Division 6—Second-Hand Dealers and
Pawnbrokers Act 1989
44 Determination of disciplinary measures by Tribunal
After section 18B(6) of the Second-Hand
Dealers and Pawnbrokers Act 1989 insert—
20
25
"(7) A reference to a registered second-hand
dealer or an endorsed pawnbroker in this
section includes a reference to any person
who was a registered second-hand dealer or
an endorsed pawnbroker at the time any
ground referred to in section 18A(3) existed
or was alleged to exist, even if the person is
not a registered second-hand dealer or an
endorsed pawnbroker at the time any action
is taken under this section.".
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Part 3—Amendment of other Acts
Division 7—State Trustees (State Owned Company)
Act 1994
45 Continued application of the Trustee Companies
Act 1984
5
10
After section 20A(2) of the State Trustees (State
Owned Company) Act 1994 insert—
"(3) Despite subsection (1), section 52 of the
Trustee Companies Act 1984, as in force
immediately before the commencement of
the Trustee Companies Legislation
Amendment Act 2010, does not apply in
respect of State Trustees.".
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Part 4—Repeal
Part 4—Repeal
46 Repeal of amending Act
This Act is repealed on 30 September 2017.
Note
5
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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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
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