Treasury Legislation and Other Acts Amendment
Act 2014
No. 44 of 2014
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purpose
Commencement
1
2
PART 2—AMENDMENT OF SUPERANNUATION ACTS
3
4
5
New section 6B inserted in the Emergency Services
Superannuation Act 1986
6B
Prudential superannuation standard
New section 24EA inserted in the Parliamentary Salaries
and Superannuation Act 1968
24EA Commutation of pension to meet a superannuation
interest taxation liability
New section 71F inserted in the State Superannuation
Act 1988
71F
Commutation of pension to meet a superannuation
interest taxation liability
3
3
3
3
3
5
5
PART 3—AMENDMENT OF ACCIDENT COMPENSATION
ACTS
7
Division 1—Workplace Injury Rehabilitation and Compensation
Act 2013
7
6
7
8
9
10
11
12
13
14
15
16
17
Amendment of section 2
Amendment of section 4
Amendment of section 34
Amendment of section 75
Amendment of section 153
Amendment of sections 224 and 227
Amendment of section 313
Amendment of section 333
Amendment of section 357
Amendment of sections 392 and 393
Amendment of section 403
Amendment of sections 454 and 460
i
7
7
7
8
8
8
8
8
9
9
9
9
Section
18
19
20
21
22
23
24
25
Page
Sections 478 to 481 substituted
478
Right of review and appeal
479
Authority to lodge material
Amendment of section 490
Amendment of section 601
Amendment of section 624
Amendment of section 626
Amendment of section 643
Statute law revision
Amendment of Schedule 1
Division 2—Accident Compensation Act 1985
26
27
28
29
30
Amendment of section 5A
Amendment of section 92A
Amendment of section 100B
Amendment of section 100C
Amendment of section 313
Amendment of section 9—Delegation
Section 21 substituted
21
Chief executive officer and other staff
PART 5—INDEXATION AMENDMENTS
33
Amendment of Acts specified in the Schedule
PART 6—REPEAL
34
22
22
22
22
24
24
25
Repeal of Act
25
SCHEDULE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
19
19
20
20
21
21
PART 4—VICTORIAN MANAGED INSURANCE AUTHORITY
ACT 1996
31
32
11
11
12
12
13
13
13
14
14
19
26
Accident Compensation Act 1985
Accident Towing Services Act 2007
Audit Act 1994
Australian Grands Prix Act 1994
Births, Deaths and Marriages Registration Act 1996
Cemeteries and Crematoria Act 2003
Congestion Levy Act 2005
Education and Training Reform Act 2006
Electoral Act 2002
Emergency Services Superannuation Act 1986
Essential Services Commission Act 2001
Evidence Act 2008
Fire Services Property Levy Act 2012
Gambling Regulation Act 2003
ii
26
26
27
27
27
27
28
29
30
31
31
31
31
32
Section
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Page
Grain Handling and Storage Act 1995
Mineral Resources (Sustainable Development) Act 1990
Parliamentary Salaries and Superannuation Act 1968
Planning and Environment Act 1987
Police Assistance Compensation Act 1968
Police Regulation Act 1958
Port Management Act 1995
Relationships Act 2008
Retail Leases Act 2003
Road Management Act 2004
State Electricity Commission Act 1958
State Employees Retirement Benefits Act 1979
State Superannuation Act 1988
Superannuation (Portability) Act 1989
Transport Accident Act 1986
Transport Superannuation Act 1988
Urban Renewal Authority Victoria Act 2003
Victorian Energy Efficiency Target Act 2007
Victorian Renewable Energy Act 2006
Wrongs Act 1958
═══════════════
ENDNOTES
33
33
33
34
35
36
37
37
38
38
38
39
40
40
41
44
45
45
45
46
47
iii
Victoria
Treasury Legislation and Other Acts
Amendment Act 2014†
No. 44 of 2014
[Assented to 27 June 2014]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The purpose of this Act is to—
(a) amend the Emergency Services
Superannuation Act 1986 to enable the
Governor in Council to make a prudential
superannuation standard to be complied with
by the Emergency Services Superannuation
Board; and
1
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 2
Part 1—Preliminary
(b) amend the Parliamentary Salaries and
Superannuation Act 1968 and the State
Superannuation Act 1988 to enable the
commutation of a pension to meet a
superannuation interest taxation liability; and
(c) make miscellaneous amendments to the
Workplace Injury Rehabilitation and
Compensation Act 2013 and the Accident
Compensation Act 1985 to improve the
operation of those Acts; and
(d) amend the Victorian Managed Insurance
Authority Act 1996 to improve the
operation of that Act; and
(e) amend certain Acts to update the operation
of indexation provisions in or under those
Acts.
2 Commencement
(1) This Part and Parts 2, 4 and 6 come into operation
on the day after the day on which this Act receives
the Royal Assent.
(2) Division 1 of Part 3, other than sections 17, 18, 19
and 25, is to be taken to have come into operation
on 12 November 2013.
(3) Division 2 of Part 3, other than section 30,
is to be taken to have come into operation on
13 November 2013.
(4) Section 30 is to be taken to have come into
operation on 5 April 2010.
(5) Part 5 comes into operation on 30 June 2014.
(6) Sections 17, 18, 19 and 25 come into operation on
1 July 2014.
__________________
2
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 2—Amendment of Superannuation Acts
s. 3
PART 2—AMENDMENT OF SUPERANNUATION ACTS
3 New section 6B inserted in the Emergency Services
Superannuation Act 1986
After section 6A of the Emergency Services
Superannuation Act 1986 insert—
"6B Prudential superannuation standard
(1) The Governor in Council may by Order in
Council make a prudential superannuation
standard.
(2) A prudential superannuation standard made
under subsection (1)—
(a) must be published in the Government
Gazette; and
See:
Act No.
94/1986.
Reprint No. 7
as at
1 January
2011
and
amending
Act Nos
61/2013 and
67/2013.
LawToday:
www.
legislation.
vic.gov.au
(b) takes effect on and from the date on
which it is published or any later date
of commencement as may be specified
in the Order in Council.
(3) The Board must in the performance of its
functions and duties comply with a
prudential superannuation standard.".
4 New section 24EA inserted in the Parliamentary
Salaries and Superannuation Act 1968
After section 24E of the Parliamentary Salaries
and Superannuation Act 1968 insert—
"24EA Commutation of pension to meet a
superannuation interest taxation liability
(1) The power of commutation under this
section applies if—
(a) a person is receiving a pension under
this Act; and
(b) the person receives a notice of
assessment from the Australian
Taxation Office in relation to a
3
See:
Act No.
7723.
Reprint No. 11
as at
1 July 2013
and
amending
Act No.
61/2013.
LawToday:
www.
legislation.
vic.gov.au
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 4
Part 2—Amendment of Superannuation Acts
superannuation interest taxation
liability for which the person is
personally liable; and
(c) the person makes an election in
accordance with subsection (2).
(2) The election must—
(a) be made in a manner approved by the
Board; and
(b) authorise the Board to pay on the
person's behalf the amount of the
superannuation interest taxation
liability directly to the Australian
Taxation Office.
(3) The Board must commute the person's
pension to the extent determined by an
actuary appointed by the Board to be
necessary to pay the amount of the
superannuation interest taxation liability.
(4) The Board must advise the person in writing
as to the actuary's determination.
(5) The exercise of the power of commutation
under this section does not affect the exercise
of any other commutation rights under this
Act.
(6) In this section—
superannuation interest taxation liability
means—
(a) the tax imposed by the
Superannuation (Sustaining the
Superannuation Contribution
Concession) Imposition Act 2013
of the Commonwealth; and
4
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 2—Amendment of Superannuation Acts
s. 5
(b) any other Commonwealth taxation
or charge imposed on a
superannuation interest which is
prescribed for the purposes of this
section.".
5 New section 71F inserted in the State
Superannuation Act 1988
After section 71E of the State Superannuation
Act 1988 insert—
"71F Commutation of pension to meet a
superannuation interest taxation liability
(1) The power of commutation under this
section applies if—
(a) a person is receiving a pension under
this Act; and
(b) the person receives a notice of
assessment from the Australian
Taxation Office in relation to a
superannuation interest taxation
liability for which the person is
personally liable; and
(c) the person makes an election in
accordance with subsection (2).
(2) The election must—
(a) be made in a manner approved by the
Board; and
(b) authorise the Board to pay on the
person's behalf the amount of the
superannuation interest taxation
liability directly to the Australian
Taxation Office.
5
See:
Act No.
50/1988.
Reprint No. 8
as at
16 January
2014
and
amending
Act No.
61/2013.
LawToday:
www.
legislation.
vic.gov.au
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 5
Part 2—Amendment of Superannuation Acts
(3) The Board must commute the person's
pension to the extent determined by an
actuary appointed by the Board to be
necessary to pay the amount of the
superannuation interest taxation liability.
(4) The Board must advise the person in writing
as to the actuary's determination.
(5) The exercise of the power of commutation
under this section does not affect the exercise
of any other commutation rights under this
Act.
(6) In this section—
superannuation interest taxation liability
means—
(a) the tax imposed by the
Superannuation (Sustaining the
Superannuation Contribution
Concession) Imposition Act 2013
of the Commonwealth; and
(b) any other Commonwealth taxation
or charge imposed on a
superannuation interest which is
prescribed for the purposes of this
section.".
__________________
6
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 3—Amendment of Accident Compensation Acts
s. 6
PART 3—AMENDMENT OF ACCIDENT COMPENSATION
ACTS
Division 1—Workplace Injury Rehabilitation and
Compensation Act 2013
6 Amendment of section 2
(1) In section 2(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
after "630(1), (2)," insert "(3),".
(2) For section 2(3), (4) and (5) of the Workplace
Injury Rehabilitation and Compensation Act
2013 substitute—
"(3) Sections 630(3) and 641 are deemed to have
come into operation on 5 April 2010.
(4) Section 647 is deemed to have come into
operation on 1 July 2010.
(5) Sections 628(1) and 643 are deemed to have
come into operation on 20 October 2010.
(5A) Section 626(7) is deemed to have come into
operation on 1 July 2011.".
7 Amendment of section 4
In section 4(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013
omit "of paragraph (b)".
8 Amendment of section 34
In section 34(3) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"this Act" substitute "the Wrongs Act 1958 or a
corresponding provision of an Act of the
Commonwealth or another State or a Territory ".
7
See:
Act No.
67/2013
and
amending
Act Nos
17/2014 and
26/2014.
Statute Book:
www.
legislation.
vic.gov.au
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 9
Part 3—Amendment of Accident Compensation Acts
9 Amendment of section 75
In section 75(1), (4) and (5) of the Workplace
Injury Rehabilitation and Compensation Act
2013, after "this Act" insert "or the Accident
Compensation Act 1985".
10 Amendment of section 153
In section 153(1)(a)(i) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"on unpaid" substitute "not on paid".
11 Amendment of sections 224 and 227
(1) In section 224(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"of the Authority or an order of the court"
substitute "or order".
(2) In section 227(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"of the Authority" substitute "or order".
(3) In section 227(2) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
after "determination" insert "or order".
12 Amendment of section 313
In section 313(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013
omit "relating to a claim for a benefit under
Part 5".
13 Amendment of section 333
(1) In section 333(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013—
(a) omit "(1)";
(b) for "Subject to subsection (2), the worker
must not commence proceedings in
accordance with this Division unless"
substitute "The worker must not commence
8
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 3—Amendment of Accident Compensation Acts
proceedings in accordance with this
Division, other than an application under
section 335(2)(d) or the commencement of
proceedings with the consent of the
Authority under section 337, unless".
(2) Section 333(2) of the Workplace Injury
Rehabilitation and Compensation Act 2013 is
repealed.
14 Amendment of section 357
In section 357(3)(b) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
after "the injury" insert "or an unrelated medical
condition or injury".
15 Amendment of sections 392 and 393
In sections 392(3) and 393(1)(a) of the
Workplace Injury Rehabilitation and
Compensation Act 2013, after "this Act" insert
"or the Accident Compensation Act 1985".
16 Amendment of section 403
In section 403(5) of the Workplace Injury
Rehabilitation and Compensation Act 2013, in
paragraph (b) of the definition of tail claim, after
"398(3)" insert "of this Act or section 150(3)
or 150A(5) of the Accident Compensation Act
1985".
17 Amendment of sections 454 and 460
(1) In section 454(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013
omit "on the amount of premium unpaid".
9
s. 14
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 17
Part 3—Amendment of Accident Compensation Acts
(2) After section 454(2) of the Workplace Injury
Rehabilitation and Compensation Act 2013
insert—
"(2A) If an amount of late payment penalty
imposed under this section is not paid in full,
the employer is liable to pay a late payment
penalty within the meaning of section 460 on
the unpaid part of that amount.".
(3) In section 460 of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
the definition of late payment penalty
substitute—
"late payment penalty, in relation to—
(a) an amount of premium unpaid, or the
whole or a part of an amount payable in
accordance with a notice of penalty and
unpaid, means interest at the rate from
time to time applying under section 25
of the Taxation Administration Act
1997, with interest compounding
monthly, calculated on a daily basis
from the end of the 28th day after the
date of the relevant notice given under
section 449 or 451 or the notice of
penalty given under section 444, 452,
455 or 457;
(b) the late payment penalty applied under
section 454 and unpaid, means interest
at the rate from time to time applying
under section 25 of the Taxation
Administration Act 1997, with interest
compounding monthly, calculated on a
daily basis from the date on which the
late payment penalty applied;".
10
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 3—Amendment of Accident Compensation Acts
18 Sections 478 to 481 substituted
For sections 478 to 481 of the Workplace Injury
Rehabilitation and Compensation Act 2013
substitute—
"478 Right of review and appeal
(1) This section applies if—
(a) an employer is dissatisfied with—
(i) a determination made by the
Authority under section 468(1); or
(ii) a determination deemed under
section 471 to have been made by
the Authority; or
(b) an employer has received notice that
the Authority has declined to conduct a
review under section 464; or
(c) 90 days have passed since an
employer's application under
section 461 was received by the
Authority and the Authority has not—
(i) suspended the review under
section 467; or
(ii) made a determination under
section 468; or
(iii) given notice of a decision to
decline to conduct a review under
section 464.
(2) If this section applies, the employer may—
(a) make an application to VCAT under
section 67 of the Victorian Civil and
Administrative Tribunal Act 1998 for
a review of the determination; or
11
s. 18
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 19
Part 3—Amendment of Accident Compensation Acts
(b) appeal to the Supreme Court and cause
the matter to be set down for hearing at
the next sittings of the Supreme Court.
(3) The employer's application or appeal—
(a) in the circumstances referred to in
subsection (1)(a) or (b), must be made
within 60 days after the date of the
notice given to the employer of the
Authority's determination under
section 468(1) or 471; or
(b) in the circumstances referred to in
subsection (1)(c), may be made at any
time after the 90 day period referred to
in subsection (1)(c).
479 Authority to lodge material
Within 28 days of receiving notice from
VCAT under section 49 of the Victorian
Civil and Administrative Tribunal Act
1998 or being served in the proceedings
relating to the appeal to the Supreme Court,
the Authority must lodge with VCAT or the
Supreme Court 2 copies of all documents
relating to—
(a) the Authority's determination; and
(b) the employer's objection; and
(c) the disallowance of the employer's
objection.".
19 Amendment of section 490
In section 490(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013—
(a) for "1 July 2017" substitute "1 July 2015";
(b) for "3 years" substitute "5 years".
12
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 3—Amendment of Accident Compensation Acts
20 Amendment of section 601
In section 601(2) of the Workplace Injury
Rehabilitation and Compensation Act 2013—
(a) after paragraph (b) insert—
"(ba) section 31(3);";
(b) after paragraph (y) insert—
"(ya) section 434(3);
(yb) section 438(1);
(yc) section 439;
(yd) section 442(1);
(ye) section 443(1) and (2);";
(c) in paragraph (z), after "554(1)" insert ", (2)".
21 Amendment of section 624
(1) In section 624(4) of the Workplace Injury
Rehabilitation and Compensation Act 2013—
(a) after "4AA" insert "(1)";
(b) for "2013." substitute "2013".
(2) After section 624(4) of the Workplace Injury
Rehabilitation and Compensation Act 2013
insert—
'(5) In section 4AA(2) of the Accident
Compensation Act 1985, after "1958"
(where twice occurring) insert "or the
Workplace Injury Rehabilitation and
Compensation Act 2013".'.
22 Amendment of section 626
In section 626(7) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"1 July 2010" substitute "1 July 2011".
13
s. 20
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 23
Part 3—Amendment of Accident Compensation Acts
23 Amendment of section 643
In section 643 of the Workplace Injury
Rehabilitation and Compensation Act 2013, in
the proposed new section 368A to be inserted in
the Accident Compensation Act 1985, for
"1 November 2010" substitute "20 October
2010".
24 Statute law revision
(1) In section 3 of the Workplace Injury
Rehabilitation and Compensation Act 2013, in
paragraph (a) of the definition of industrial
award, for "FWA" substitute "FWC".
(2) In section 16(2) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
after "approved" insert "by".
(3) In section 73(5)(b) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"section 30" substitute "section 31".
(4) In section 106(6) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"seniority;" substitute "seniority".
(5) In the penalty at the foot of section 143(2) of the
Workplace Injury Rehabilitation and
Compensation Act 2013 omit "for a natural
person" and "for a body corporate".
(6) In section 167(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013—
(a) for "subsection (2)" substitute
"subsection (5)";
14
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 3—Amendment of Accident Compensation Acts
(b) in paragraph (b), for "or has been so engaged
at any time since last providing a certificate
under this section or section 25."
substitute—
"—
or has been so engaged at any time since last
providing a certificate under this section or
section 25.".
(7) In section 179(4)(b) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
before "178(3)" insert "section".
(8) In section 232(5) of the Workplace Injury
Rehabilitation and Compensation Act 2013—
(a) in paragraph (a), for "this Division"
substitute "section 224(1)";
(b) in paragraph (c), after "section 224"
insert "(1)".
(9) In section 236(5) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"$553 350" substitute "$555 350".
(10) For the heading to section 269 of the Workplace
Injury Rehabilitation and Compensation Act
2013, substitute—
"Use of documents relating to worker's
claim".
(11) In the heading to section 280 of the Workplace
Injury Rehabilitation and Compensation Act
2013, for "worker" substitute "claimant".
(12) In the heading to section 343 of the Workplace
Injury Rehabilitation and Compensation Act
2013, for "damage" substitute "damages".
15
s. 24
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 24
Part 3—Amendment of Accident Compensation Acts
(13) In section 343(1)(a) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"section 224, 228 or 229" substitute "Division 7
of Part 5".
(14) In the heading to section 357 of the Workplace
Injury Rehabilitation and Compensation Act
2013, for "asbestos related" substitute
"asbestos-related".
(15) In section 357(2) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"326, 327, 338" substitute "326 to 338".
(16) In section 394(2) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
before "576" insert "section".
(17) In sections 395(2) and 396(3) of the Workplace
Injury Rehabilitation and Compensation Act
2013, for "tails" (wherever occurring) substitute
"tail".
(18) In section 396(5) of the Workplace Injury
Rehabilitation and Compensation Act 2013, in
the definition of tail claim—
(a) after "in relation to" insert "a";
(b) for ", in respect of an injury or death incurred
or suffered—" substitute—
"(a) in respect of an injury or death incurred
or suffered—".
(19) In section 400(2) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"a body corporate" substitute "eligible
subsidiary".
(20) In section 403(5) of the Workplace Injury
Rehabilitation and Compensation Act 2013, in
paragraph (b) of the definition of tail claim, for
"396(2)" substitute "396(3)".
16
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 3—Amendment of Accident Compensation Acts
(21) In section 434(2) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"the section" substitute "section".
(22) In section 494(4)(b) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"or Part 7" substitute "of Part 7".
(23) In section 513(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
after "immediately" insert "before".
(24) In section 551(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
for "section 493(1)(n)" substitute
"section 493(1)(q)".
(25) In section 595(4) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"item 15" substitute "item 16".
(26) In the heading to section 626 of the Workplace
Injury Rehabilitation and Compensation Act
2013, for ", 8(5) and 68" substitute "and 8(5)".
(27) In section 630(9) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
paragraphs (b) and (c) substitute—
'(b) in subsection (5)(a) after "section 99"
insert "(1)".'.
(28) In section 631 of the Workplace Injury
Rehabilitation and Compensation Act 2013, in
the Table to proposed section 100B of the
Accident Compensation Act 1985—
(a) in item 10, for "$1510" substitute "$1210";
(b) in item 17, for "$155" substitute "$177".
(29) In section 632(r) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"$1510" substitute "$1210".
17
s. 24
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 24
Part 3—Amendment of Accident Compensation Acts
(30) In section 635(1) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"apply." substitute "apply".
(31) In section 637(4) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
after "worker" insert "in section 5".
(32) In section 638(4) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
before "Schedule" insert "item 1 of".
(33) In section 640 of the Workplace Injury
Rehabilitation and Compensation Act 2013,
after "other" insert "than".
(34) In section 642 of the Workplace Injury
Rehabilitation and Compensation Act 2013, in
proposed section 352A(3) of the Accident
Compensation Act 1985, for "Brambles
Industries Bristle Limited" substitute "Brambles
Industries Limited".
(35) In section 643 of the Workplace Injury
Rehabilitation and Compensation Act 2013, in
proposed section 368A of the Accident
Compensation Act 1985, for "degree or"
substitute "degree of".
(36) In the note to section 650 of the Workplace
Injury Rehabilitation and Compensation Act
2013, after "1984" insert ")".
(37) In clause 22(6)(a) of Schedule 1 to the
Workplace Injury Rehabilitation and
Compensation Act 2013, for "section 28-25"
substitute "section 28.25".
(38) In the Table in Schedule 4 of the Workplace
Injury Rehabilitation and Compensation Act
2013, the item "Total loss of a joint of the thumb
43 780" (where secondly occurring) is repealed.
18
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 3—Amendment of Accident Compensation Acts
s. 25
(39) In item 22 of Schedule 8 to the Workplace
Injury Rehabilitation and Compensation Act
2013, for "Inc.." substitute "Inc.".
(40) In Schedule 9 to the Workplace Injury
Rehabilitation and Compensation Act 2013, in
clause 4(1) for the proposed definition of
Authority to be substituted in the Conservation,
Forests and Lands Act 1987 substitute—
"Authority means the Victorian WorkCover
Authority under the Workplace Injury
Rehabilitation and Compensation Act
2013;".
25 Amendment of Schedule 1
In clause 4(1)(a) of Schedule 1 to the Workplace
Injury Rehabilitation and Compensation Act
2013, for "Co-operatives Act 1996" substitute
"Co-operatives National Law (Victoria)".
Division 2—Accident Compensation Act 1985
26 Amendment of section 5A
In section 5A(1)(a)(i) of the Accident
Compensation Act 1985, for "on unpaid"
substitute "not on paid".
19
See:
Act No.
10191.
Reprint No. 19
as at
11 February
2013
and
amending
Act Nos
76/2011,
9/2013,
30/2013,
43/2013,
55/2013,
67/2013,
76/2013,
17/2014 and
26/2014.
LawToday:
www.
legislation.
vic.gov.au
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 27
Part 3—Amendment of Accident Compensation Acts
27 Amendment of section 92A
(1) In section 92A(6)(a) of the Accident
Compensation Act 1985, for "$56 650"
substitute "$55 530".
(2) For section 92A(8) of the Accident
Compensation Act 1985 substitute—
"(8) If a worker leaves a dependent partner, or
dependent partners, and more than
5 dependent children, the amount of
compensation is $555 350 of which—
(a) $416 520 is payable—
(i) to the dependent partner; or
(ii) if there is more than one
dependent partner, in equal shares
to each of the dependent partners;
and
(b) the balance is payable to each of the
dependent children in equal shares.".
(3) In section 92A(8B) of the Accident
Compensation Act 1985 omit "and none of
subsections (4), (5), (6), (7), (8) or (8A) apply".
(4) In section 92A(8B) of the Accident
Compensation Act 1985, for "this Act"
substitute "the Workplace Injury
Rehabilitation and Compensation Act 2013".
28 Amendment of section 100B
In the Table to section 100B of the Accident
Compensation Act 1985, in item 17, for "$155"
substitute "$177".
20
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 3—Amendment of Accident Compensation Acts
29 Amendment of section 100C
In the Table to section 100C of the Accident
Compensation Act 1985—
(a) for items 5 and 6 substitute—
"5 Section 92A(6)—$555 350
6 Section 92A(6)(a)—$55 530";
(b) item 11 is repealed.
30 Amendment of section 313
In section 313(1)(b) of the Accident
Compensation Act 1985 after "date" insert
"and applies after the commencement date as if
the current weekly earnings amount specified in
subsection (3) as in force immediately before the
commencement date were the current weekly
earnings amount which applies from time to time
under subsection (4) as in force after the
commencement date".
__________________
21
s. 29
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 31
Part 4—Victorian Managed Insurance Authority Act 1996
PART 4—VICTORIAN MANAGED INSURANCE
AUTHORITY ACT 1996
31 Amendment of section 9—Delegation
See:
Act No.
11/1976.
Reprint No. 3
as at
1 July 2006
and
amending
Act Nos
80/2006,
43/2008,
58/2012 and
67/2013.
LawToday:
www.
legislation.
vic.gov.au
For section 9(b) of the Victorian Managed
Insurance Authority Act 1996 substitute—
"(b) an officer of the Authority; or".
32 Section 21 substituted
For section 21 of the Victorian Managed
Insurance Authority Act 1996 substitute—
"21 Chief executive officer and other staff
(1) The Board may appoint or engage a chief
executive officer on the terms and conditions
determined by the Board.
(2) The instrument of appointment or
engagement of the chief executive officer
must specify the terms and conditions of
appointment or engagement.
(3) The chief executive officer may appoint or
engage such officers and employees as are
necessary to enable the Authority to achieve
its objectives, perform its functions and
exercise its powers.
(4) The Board is to determine the terms and
conditions of appointment or engagement for
the purposes of subsection (3).
22
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 4—Victorian Managed Insurance Authority Act 1996
(5) The commencement of section 32 of the
Treasury Legislation and Other Acts
Amendment Act 2014 does not affect any
appointment or engagement and the terms
and conditions of any appointment or
engagement in effect immediately before that
commencement.".
__________________
23
s. 32
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
s. 33
Part 5—Indexation Amendments
PART 5—INDEXATION AMENDMENTS
33 Amendment of Acts specified in the Schedule
An Act specified in the heading to an item in the
Schedule is amended as set out in that item.
__________________
24
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Part 6—Repeal
PART 6—REPEAL
34 Repeal of Act
This Act is repealed on 1 July 2015.
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).
__________________
25
s. 34
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
SCHEDULE
Section 33
1 Accident Compensation Act 1985
In section 100C, after "consumer price index for
Melbourne" (where twice occurring) insert
"in original terms".
2 Accident Towing Services Act 2007
(1) In section 212H(1), for the definitions of "B"
and "C" substitute—
'"B" is the transport group consumer price index
for Melbourne in original terms for the
reference period in which falls the March
quarter of the financial year immediately
preceding the relevant year last published by
the Australian Bureau of Statistics before the
relevant year;
"C" is the transport group consumer price index
for Melbourne in original terms for the
corresponding reference period one year
earlier than the reference period referred to
in B last published by the Australian Bureau
of Statistics as at 15 June in the financial
year immediately preceding the relevant
year;'.
(2) For section 212H(5), substitute—
"(5) In this section, relevant year means the
financial year for which the adjusted amount
is being varied.".
26
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
3 Audit Act 1994
In section 7G(3)(b), for the definition of A
substitute—
"A is the all groups consumer price index for
Melbourne in original terms for the reference
period in which falls the March quarter of
the previous financial year last published
by the Australian Bureau of Statistics as at
15 June in the previous financial year;".
4 Australian Grands Prix Act 1994
In section 30(5), for the definition of B
substitute—
"B is the average weekly total earnings of all
employees in Victoria in original terms for
the most recent reference period last
published by the Australian Bureau of
Statistics as at the 15th day of the month
preceding the month in which the race
period, or any part of the race period, falls;".
5 Births, Deaths and Marriages Registration Act 1996
In section 21, for "Commonwealth Statistician"
substitute "Australian Statistician".
6 Cemeteries and Crematoria Act 2003
(1) For section 43(1)(b) substitute—
"(b) if the CPI for the last reference period in the
calendar year preceding the calendar year in
which a declaration under subsection (2) is
made is more than the CPI for the last
reference period in the preceding calendar
year.".
27
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
(2) In section 43(4), for the definitions of "A", "B"
and "C" substitute—
"A is the relevant cemetery trust fee as at
1 February in the calendar year in which the
declaration under subsection (2) is made;
B is the CPI for the last reference period in the
calendar year preceding the calendar year in
which the declaration under subsection (2) is
made;
C is the CPI for the last reference period in the
calendar year preceding the calendar year
referred to in B last published by the
Australian Bureau of Statistics before the
date on which the declaration under
subsection (2) is made.".
(3) Section 43(6) is repealed.
(4) In section 43(7), for the definition of CPI
substitute—
"CPI means the all groups consumer price index
for Melbourne in original terms published by
the Australian Bureau of Statistics.".
7 Congestion Levy Act 2005
(1) In section 11(1), for the definitions of A and B
substitute—
"A is the sum of—
(a) the consumer price index number for
the last reference period in the calendar
year preceding the previous levy year;
and
(b) the total of the consumer price index
numbers for each of the reference
periods (other than the last) in the
previous levy year;
28
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
B is the sum of—
(a) the consumer price index number for
the last reference period in the calendar
year one year earlier than the calendar
year referred to in A; and
(b) the total of the consumer price index
numbers for each of the reference
periods (other than the last) in the
calendar year referred to in
paragraph (a).".
(2) For section 11(2) and (3) substitute—
"(2) The CPI adjusted levy determined under
subsection (1) is to be rounded up or down to
the nearest $10 and, if the amount of the CPI
to be adjusted is an exact multiple of $5, is to
be rounded up.
(3) In this section—
consumer price index means the all groups
consumer price index for Melbourne in
original terms last published by the
Australian Bureau of Statistics (or, if
the regulations prescribe another
economic index for the purposes of
this section, that other index) as at
15 November immediately preceding
the date on which the Commissioner
publishes the CPI adjusted levy under
section 12.".
8 Education and Training Reform Act 2006
In section 5.7A.10(b), for subparagraph (ii)
substitute—
"(ii) at the end of each year of the lease by the
application of the all groups consumer price
for Melbourne in original terms last
29
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
published by the Australian Bureau of
Statistics in that year.".
9 Electoral Act 2002
(1) In section 214(1), for the definition of index
number substitute—
"index number, in relation to a reference period,
means the all groups consumer price index
for all capital cities in original terms
published by the Australian Bureau of
Statistics in respect of that reference
period;".
(2) In section 214(2)—
(a) for "Statistician" substitute "Bureau of
Statistics";
(b) for "quarter" (where twice occurring)
substitute "reference period".
(3) Section 214(3) is repealed.
(4) In section 214(5), for paragraphs (a) and (b)
substitute—
"(a) if the relevant period commences on 1 July,
by dividing the index number for the most
recent reference period in which fell the
preceding March quarter by the index
number for the reference period in the
preceding calendar year in which fell the
September quarter of that year; or
(b) if the relevant period commences on
1 January, by dividing the index number for
the reference period in the preceding
calendar year in which fell the September
quarter of that year by the index number for
the reference period in which fell the March
quarter of that year.".
30
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
10 Emergency Services Superannuation Act 1986
(1) In section 3(1), for the definition of consumer
price index substitute—
"consumer price index means the all groups
consumer price index in original terms for all
capital cities in respect of a half year ending
on 30 June or 31 December published by the
Australian Bureau of Statistics;".
(2) In section 20I(1), for the definition of prescribed
half year substitute—
"prescribed half year means the half year ended
31 December 1986 or any subsequent half
year ending on 30 June or 31 December for
which the consumer price index is higher
than the previous highest consumer price
index in or since the half year ended
31 December 1986;".
11 Essential Services Commission Act 2001
In section 65(3)(d)(ii), for "Commonwealth
Statistician" substitute "Australian Bureau of
Statistics".
12 Evidence Act 2008
In section 159(a), for "Statistician" substitute
"Bureau of Statistics".
13 Fire Services Property Levy Act 2012
(1) In section 11(3), for the definitions of A and B
substitute—
"A is the sum of the consumer price index
numbers for the consecutive reference
periods in respect of the period commencing
on 1 January in the previous levy year and
ending on the next following 31 December
last published by the Australian Bureau of
Statistics as at 15 April immediately
31
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
preceding the levy year for which the fixed
charge is to be determined;
B is the sum of consumer price index numbers
for the consecutive reference periods in
respect of the period commencing on
1 January in the levy year before the
previous levy year referred to in A and
ending on the next following 31 December
immediately preceding the levy year for
which the fixed charge is to be determined.".
(2) For section 11(6) substitute—
"(6) 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 (or, if
the regulations prescribe another
economic index for the purposes of this
section, that other index).".
14 Gambling Regulation Act 2003
In section 4.3.13—
(a) in the definition of E—
(i) for "Statistician" substitute "Bureau of
Statistics";
(ii) for "quarter" substitute "reference
period";
(b) in the definition of F—
(i) for "Statistician" substitute "Bureau of
Statistics";
(ii) for "quarter" (where twice occurring)
substitute "reference period".
32
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
15 Grain Handling and Storage Act 1995
In section 15(3)—
(a) in the definition of A—
(i) omit "number";
(ii) for "quarter" (where twice occurring)
substitute "reference period";
(b) for the definition of Consumer Price Index
substitute—
"Consumer Price Index means the all
groups consumer price index for
Melbourne in original terms published
by the Australian Bureau of Statistics.".
16 Mineral Resources (Sustainable Development) Act
1990
(1) In section 12A(5), in the definition of base
amount, for "number for the quarter" substitute
"for the reference period".
(2) In section 12A(5), for the definition of consumer
price index number substitute—
"consumer price index means the all groups price
index for Melbourne in original terms last
published by the Australian Bureau of
Statistics immediately preceding the
determination of the base amount for the
relevant financial year;".
17 Parliamentary Salaries and Superannuation Act
1968
In section 3, in paragraph (c) of the definition of
basic salary, for the definitions of B and C
substitute—
"B is the full-time adult average weekly
ordinary time earnings of employees in
Victoria in original terms for the most recent
33
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
reference period in the preceding calendar
year last published by the Australian Bureau
of Statistics as at 15 June immediately
preceding the date on which the variation is
made;
C is the full-time adult average weekly
ordinary time earnings of employees in
Victoria in original terms for the
corresponding reference period in the
calendar year preceding the calendar year
referred to in B last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made;".
18 Planning and Environment Act 1987
(1) In section 201R, for the definition of consumer
price index substitute—
"consumer price index means the all groups
consumer price index for Melbourne in
original terms published by the Australian
Bureau of Statistics;".
(2) In clause 3(1) of Schedule 1, for the definitions of
A and B and the Example substitute—
"A is the sum of the consumer price index
numbers for each of the reference periods in
the financial year immediately preceding the
financial year in respect of which the
threshold amount is to be determined;
B is the sum of the consumer price index
numbers for each of the reference periods in
the financial year 2 years before the financial
year in respect of which the threshold
amount is to be determined.".
34
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
(3) In clause 4(1) of Schedule 1, for A and B and the
Example substitute—
"A is the sum of the consumer price index
numbers for each of the reference periods in
the financial year immediately preceding the
financial year in respect of which the
consumer price index adjusted contribution
is to be determined;
B is the sum of the consumer price index
numbers for each of the reference periods in
the financial year 2 years before the financial
year in respect of which the consumer price
index adjusted contribution is to be
determined.".
(4) In clause 5(1) of Schedule 1, for A and B and the
Example substitute—
"A is the sum of the consumer price index
numbers for each of the reference periods in
the financial year immediately preceding the
financial year in respect of which the
adjusted deferred amount of contribution is
to be determined;
B is the sum of the consumer price index
numbers for each of the reference periods in
the financial year 2 years before the financial
year in respect of which the adjusted
deferred amount of contribution is to be
determined.".
19 Police Assistance Compensation Act 1968
For section 2(2B) substitute—
"(2B) The amount of the average weekly wage in
respect of each financial year is the amount
of the average weekly total earnings of all
employees in Victoria in original terms last
published by the Australian Bureau of
Statistics as at 15 June last preceding that
35
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
financial year in respect of the most recent
reference period in the calendar year last
preceding that 15 June.".
20 Police Regulation Act 1958
For section 64C(1) substitute—
"(1) In this section—
prescribed half year means the half year
ended 30 June 1989 or any subsequent
half year ending on 31 December or
30 June in respect of which the all
groups consumer price index for
Melbourne in original terms is higher
than the previous highest all groups
consumer price index for Melbourne in
original terms for a half year ending on
31 December or 30 June in or since the
half year ended on 30 June 1989;
prescribed percentage in relation to a
prescribed half year after 30 June 1989
means the percentage calculated to
2 decimal places in accordance with
the formula—
A  B 100

B
1
where—
A is the all groups consumer price
index for Melbourne in original
terms for the prescribed half year;
B is the all groups consumer price
index for Melbourne in original
terms for the next preceding
prescribed half year.".
36
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
21 Port Management Act 1995
(1) In section 44J(1), for the definitions of B and C
substitute—
"B is the sum of the consumer price index
numbers for the consecutive reference
periods in respect of the period commencing
on 1 January and ending on the next
following 31 December in the financial year
2 years earlier than the financial year in
respect of which the fee is payable last
published by the Australian Bureau of
Statistics as at 15 April immediately
preceding the financial year in respect of
which the fee is payable;
C is the sum of the consumer price index
numbers for the consecutive reference
periods in respect of the period commencing
on 1 January in the financial year 3 years
earlier than the financial year in respect of
which the fee is payable and ending on the
next following 31 December immediately
preceding the financial year for which the fee
is payable.".
(2) In section 44J(3), for the definition of consumer
price index substitute—
"consumer price index means the all groups
consumer price index for Melbourne in
original terms published by the Australian
Bureau of Statistics.".
22 Relationships Act 2008
In section 56(3), for "Consumer Price Index
(All Groups Index) for Melbourne issued by the
Australian Statistician" substitute "all groups
consumer price index for Melbourne in original
terms published by the Australian Bureau of
Statistics".
37
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
23 Retail Leases Act 2003
In section 49—
(a) in subsection (2)(b), for "Statistician for the
quarter" (where twice occurring) substitute
"Bureau of Statistics for the reference
period";
(b) subsection (5) is repealed.
24 Road Management Act 2004
In section 111(1), for the definitions of "B"
and "C" substitute—
'"B" is the all groups consumer price index for
Melbourne in original terms for the most
recent reference period in the preceding
calendar year last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.
"C" is the all groups consumer price in original
terms for Melbourne for the corresponding
reference period one year earlier than the
reference period referred to in B last
published by the Australian Bureau of
Statistics as at 15 June immediately
preceding the date on which the variation is
made.'.
25 State Electricity Commission Act 1958
(1) In section 82A(1C)(b), for "relevant quarter"
substitute "relevant reference period".
(2) In section 82A(1D), for paragraph (a)
substitute—
"(a) consumer price index means the all groups
consumer price index for Melbourne in
original terms for the last reference period in
each financial year; and".
38
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
(3) In section 82A(1D)(b), for "relevant quarter
means the quarter ending on 30 June" substitute
"relevant reference period means the last
reference period in the preceding financial year".
26 State Employees Retirement Benefits Act 1979
(1) In section 43(1), for the definition of consumer
price index substitute—
"consumer price index means the all groups price
index for all capital cities in original terms
published by the Australian Bureau of
Statistics;".
(2) In section 43(1), for the definition of prescribed
proportion substitute—
"prescribed proportion in relation to a prescribed
half year means—
AB
B
where—
A is the consumer price index for the
prescribed half year;
B is the consumer price index for the half
year ended 30 June 1979 or the highest
consumer price index for a financial
half year after that date and before the
prescribed half year, whichever is the
higher;".
(3) In section 43A(1), for "index number for the
quarter ended 30 June or 31 December"
substitute "index for the reference period in
which falls the June quarter or the December
quarter (whichever is the later)".
(4) In section 43A(2), for "Commonwealth
Statistician" substitute "Australian Bureau of
Statistics".
39
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
27 State Superannuation Act 1988
(1) In section 91(1), for the definition of consumer
price index substitute—
"consumer price index means the all groups
consumer price index for all capital cities
published by the Australian Bureau of
Statistics in original terms in respect of the
reference period or periods in respect of
each half year ending on 30 June or
31 December;".
(2) In section 91(1), in the definition of prescribed
percentage, omit "number" (where twice
occurring).
(3) In section 92(2)(d)(ii), for "Commonwealth
Statistician" substitute "Australian Bureau of
Statistics".
28 Superannuation (Portability) Act 1989
(1) In section 3(2), for the definitions of A and B
substitute—
"A is the consumer price index for the reference
period last published by the Australian
Bureau of Statistics before the quarter in
which the pension or lump sum becomes
payable;
B is the consumer price index for the reference
period last published by the Australian
Bureau of Statistics before the quarter in
which the member resigned;".
(2) In section 3(2), for the definition of consumer
price index number substitute—
"consumer price index means the all groups
consumer price index for all capital cities in
original terms published by the Australian
Bureau of Statistics;".
40
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
29 Transport Accident Act 1986
(1) In section 49(5A), for "Australian Statistician"
substitute "Australian Bureau of Statistics".
(2) In section 56(1), for "Australian Statistician"
substitute "Australian Bureau of Statistics".
(3) In section 61(1), for the definitions of B and C
substitute—
"B is the average weekly total earnings of all
employees in Victoria in original terms for
the most recent reference period in the
preceding calendar year last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.
C is the average weekly total earnings of all
employees in Victoria in original terms for
the corresponding reference period in the
calendar year preceding the calendar year
referred to in B last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.".
(4) In section 61(2), for the definitions of E and F
substitute—
"E is the all groups consumer price index for
Melbourne in original terms for the most
recent reference period in the preceding
calendar year last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.
F is the all groups consumer price index for
Melbourne in original terms for the
corresponding reference period one year
earlier than the reference period referred to
in E last published by the Australian Bureau
41
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
of Statistics as at 15 June immediately
preceding the date on which the variation is
made.".
(5) In section 61(2A), for the definitions of E and F
substitute—
"E is the all groups consumer price index for
Melbourne in original terms for the most
recent reference period in the preceding
calendar year last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.
F is the all groups consumer price index for
Melbourne in original terms for the
corresponding reference period one year
earlier than the reference period referred to
in E last published by the Australian Bureau
of Statistics as at 15 June immediately
preceding the date on which the variation is
made.".
(6) In section 61(2B), for the definitions of E and F
substitute—
"E is the average weekly total earnings of all
employees in original terms in Victoria for
the most recent reference period in the
preceding calendar year last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.
F is the average weekly total earnings of all
employees in Victoria in original terms for
the corresponding reference period in the
calendar year preceding the calendar year
referred to in E last published by the
Australian Bureau of Statistics as at 15 June
42
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
immediately preceding the date on which the
variation is made.".
(7) In section 61(2C), for the definitions of E and F
substitute—
"E is the average weekly total earnings of all
employees in Victoria in original terms for
the most recent reference period in the
preceding calendar year last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.
F is the average weekly total earnings of all
employees in Victoria in original terms for
the corresponding reference period in the
calendar year preceding the calendar year
referred to in E last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.".
(8) In section 61(2D), for the definitions of E and F
substitute—
"E is the all groups consumer price index for
Melbourne in original terms for the most
recent reference period in the preceding
calendar year last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.
F is the all groups consumer price index for
Melbourne in original terms for the
corresponding reference period one year
earlier than the reference period referred to
in E last published by the Australian Bureau
of Statistics as at 15 June immediately
preceding the date on which the variation is
made.".
43
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
(9) In section 174(1)—
(a) in paragraph (c)—
(i) for "quarter" (where 3 times occurring)
substitute "reference period";
(ii) for "Australian Statistician" substitute
"Australian Bureau of Statistics".
(b) in paragraph (d)—
(i) for "quarter" (where twice occurring)
substitute "reference period";
(ii) for "Australian Statistician" substitute
"Australian Bureau of Statistics".
30 Transport Superannuation Act 1988
(1) In section 46(1), for the definition of consumer
price index substitute—
"consumer price index means the all groups
consumer price index for all capital cities in
original terms published by the Australian
Bureau of Statistics in respect of a reference
period ending on 30 June or 31 December;".
(2) In section 46(1), in the definition of prescribed
half year, after "highest consumer price index"
insert "for a half year".
(3) In section 46(1), in the definition of prescribed
percentage, for "consumer price index number"
(where twice occurring) substitute "consumer
price index".
(4) In section 52(2)(d)(ii), for "Commonwealth
Statistician" substitute "Australian Bureau of
Statistics".
44
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
31 Urban Renewal Authority Victoria Act 2003
In section 51B(1), for the definitions of "B" and
"C" substitute—
'"B" is the all groups consumer price index for
Melbourne in original terms for the most
recent reference period in the preceding
calendar year last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.
"C" is the all groups consumer price index for
Melbourne in original terms for the
corresponding reference period one year
earlier than the reference period referred to
in B last published by the Australian Bureau
of Statistics as at 15 June immediately
preceding the date on which the variation is
made."'.
32 Victorian Energy Efficiency Target Act 2007
In section 75(1)(k), for "published by the
Australian Statistician" substitute " in original
terms published by the Australian Bureau of
Statistics".
33 Victorian Renewable Energy Act 2006
In section 63(2), for the definition of "B"
substitute—
'"B" is the all groups consumer price index for
Melbourne in original terms published by the
Australian Bureau of Statistics for the
reference period in which falls the
September quarter of the preceding year.'.
45
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Sch.
34 Wrongs Act 1958
(1) In section 28F(3)(a), for "the most recent quarter"
substitute "the most recent reference period".
(2) In section 28H(1), for the definitions of E and F
substitute—
"E is the all groups consumer price index for
Melbourne in original terms for the most
recent reference period in the preceding
calendar year last published by the
Australian Bureau of Statistics as at 15 June
immediately preceding the date on which the
variation is made.
F is the all groups consumer price index for
Melbourne in original terms for the
corresponding reference period one year
earlier than the reference period referred to
in E last published by the Australian Bureau
of Statistics as at 15 June immediately
preceding the date on which the variation is
made.".
(3) In section 28IB(1)(a), for "quarter" (where 5 times
occurring) substitute "reference period".
(4) In section 28IE(1)(a), for "quarter" (where 5 times
occurring) substitute "reference period".
═══════════════
46
Treasury Legislation and Other Acts Amendment Act 2014
No. 44 of 2014
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 7 May 2014
Legislative Council: 12 June 2014
The long title for the Bill for this Act was "A Bill for an Act to amend the
Emergency Services Superannuation Act 1986, the Parliamentary
Salaries and Superannuation Act 1968, the State Superannuation Act
1988, the Workplace Injury Rehabilitation and Compensation Act
2013, the Accident Compensation Act 1985 and the Victorian
Managed Insurance Authority Act 1996 and to amend certain Acts to
update the operation of indexation provisions in or under those Acts and
for other purposes."
47