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Consumer Affairs Legislation Amendment Act 2013 No. 57 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 3

PART 2—AMENDMENT TO SCHEDULE 4 TO THE ASSOCIATIONS INCORPORATION REFORM ACT 2012 4

3 Transitional provisions—Public officer of an incorporated association 4

PART 3—OTHER AMENDMENTS TO THE ASSOCIATIONS INCORPORATION REFORM ACT 2012 5

4 Application for incorporation 55 Trust property 5

PART 4—AMENDMENTS TO THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 6

6 Definition of high value amended 67 New section 12A inserted 6

12A Certain instruments are not legislative instruments under Subordinate Legislation Act 1994 6

PART 5—AMENDMENT TO THE CO-OPERATIVES NATIONAL LAW APPLICATION ACT 2013 8

8 New section 28A inserted 828A Model rules for co-operatives in respect of which a

government guarantee exists 8

PART 6—AMENDMENTS TO THE ESTATE AGENTS ACT 1980 9

9 Act not to apply to Government Departments etc. 910 Eligibility for employment as an agent's representative 9

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PART 7—AMENDMENT TO THE INTERPRETATION OF LEGISLATION ACT 1984 10

11 References to Australian Consumer Law 1012 New section 38K inserted 10

38K References to Co-operatives National Law 10

PART 8—AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 1997 11

13 Notice by owner of building or other person who is not rooming house owner 11

14 Notice of no effect 1115 Form of notice to vacate 1116 Order of Tribunal 1117 Contents of possession order 12

PART 9—REPEAL OF AMENDING ACT 13

18 Repeal 13═══════════════

ENDNOTES 14

Consumer Affairs Legislation Amendment Act 2013†

No. 57 of 2013

[Assented to 22 October 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Associations Incorporation Reform Act 2012 to—

(i) clarify that the public officer of an incorporated association to which clause 9(1) of Schedule 4 to that Act

Victoria

1

applies need not be appointed under the rules referred to in that clause; and

(ii) correct internal cross references elsewhere in that Act;

(b) to amend the Australian Consumer Law and Fair Trading Act 2012 to—

(i) increase the defined minimum value of a high value motor vehicle for the purposes of the disposal of uncollected motor vehicles; and

(ii) specify that certain instruments under the Australian Consumer Law (Victoria) are not legislative instruments for the purposes of the Subordinate Legislation Act 1994;

(c) to amend the Co-operatives National Law Application Act 2013 to provide that regulations made under that Act may prescribe model rules for co-operatives in respect of which a government guarantee exists;

(d) to amend the Estate Agents Act 1980 to—

(i) update certain references to government entities in section 5 of that Act; and

(ii) include CrimTrac as an agency that can provide a certificate in relation to a person's criminal record for the purposes of the appointment of the person as an estate agent's representative;

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s. 1

(e) to amend the Interpretation of Legislation Act 1984—

(i) to include a definition of Co-operatives National Law (Victoria); and

(ii) in relation to references to the Australian Consumer Law;

(f) to amend the Residential Tenancies Act 1997 to—

(i) clarify the operation of the notice requirements under section 289A of that Act; and

(ii) provide that certain requirements applying to a notice to vacate under section 317ZF of that Act (in relation to a fixed term site agreement) apply also to a notice to vacate under section 317ZG of that Act (in relation to a periodic site agreement).

2 Commencement

(1) Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2) Part 2 is taken to have come into operation on 26 November 2012.

(3) The remaining provisions of this Act come into operation on the day after the day on which it receives the Royal Assent.

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s. 2

PART 2—AMENDMENT TO SCHEDULE 4 TO THE ASSOCIATIONS INCORPORATION REFORM ACT 2012

3 Transitional provisions—Public officer of an incorporated association

s. 3See:Act No.20/2012and amendingAct Nos21/2012 and 9/2013.LawToday:www.legislation.vic.gov.au

In Schedule 4 to the Associations Incorporation Reform Act 2012, in clause 9(1) omit "under those rules".

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Part 2—Amendment to Schedule 4 to the Associations Incorporation Reform Act 2012

Consumer Affairs Legislation Amendment Act 2013No. 57 of 2013

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PART 3—OTHER AMENDMENTS TO THE ASSOCIATIONS INCORPORATION REFORM ACT 2012

4 Application for incorporation

In the note at the foot of section 6(4) of the Associations Incorporation Reform Act 2012 for "subsection (3)(a)(i)" substitute "subsection (4)(a)(i)".

5 Trust property

In section 31(4) of the Associations Incorporation Reform Act 2012 for "Subsection (4)" substitute "Subsection (3)".

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s. 4Part 2—Amendment to Schedule 4 to the Associations Incorporation Reform

Act 2012


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PART 4—AMENDMENTS TO THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

6 Definition of high value amendeds. 6

See:Act No.21/2012and amendingAct Nos21/2012, 81/2012 and 9/2013.LawToday:www.legislation.vic.gov.au

In section 3(1) of the Australian Consumer Law and Fair Trading Act 2012, in paragraph (a) of the definition of high value, for "$200" substitute "$1000".

7 New section 12A inserted

After section 12 of the Australian Consumer Law and Fair Trading Act 2012 insert—

"12A Certain instruments are not legislative instruments under Subordinate Legislation Act 1994

The following instruments made under the Australian Consumer Law (Victoria) are not legislative instruments for the purposes of the Subordinate Legislation Act 1994—

(a) a safety standard published under section 104(1);

(b) a safety standard declared under section 105(1);



6

(c) an interim ban on consumer goods published under section 109(1);

(d) an interim ban on product related services published under section 109(2);

(e) a notice of extension of an interim ban period under section 111(2);

(f) a notice of extension of an interim ban period under section 111(4);

(g) a notice of further extension of an interim ban period under section 111(6);

(h) a notice of revocation of an interim ban published under section 113;

(i) a permanent ban on consumer goods published under section 114(1);

(j) a permanent ban on product related services published under section 114(2);

(k) a notice of revocation of a permanent ban published under section 117;

(l) a recall notice published under section 122(1);

(m) an information standard published under section 134(1);

(n) an information standard declared under section 135(1).".

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Act 2012


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PART 5—AMENDMENT TO THE CO-OPERATIVES NATIONAL LAW APPLICATION ACT 2013

8 New section 28A inserteds. 8

See:Act No.9/2013.Statute Book:www.legislation.vic.gov.au

After section 28 of the Co-operatives National Law Application Act 2013 insert—

"28A Model rules for co-operatives in respect of which a government guarantee exists

(1) The model rules of government guarantee co-operatives (the local model rules) are the model rules prescribed under the Co-operatives National Law (Victoria) for non-distributing co-operatives with share capital subject to the modifications prescribed by the local regulations for the purposes of this section.

(2) The Co-operatives National Law (Victoria) applies to the local model rules as if they were model rules to which section 64 of that Law refers except that in section 66 of that Law a reference to the amendment of model rules is to be read as including a reference to any amendment to the local model rules made by the local regulations.

(3) In this section—

government guarantee co-operative means a co-operative in respect of which a government guarantee exists under Division 6 of Part 3 of the Co-operatives Act 1996;



8

Note

The operation of Division 6 of Part 3 of the Co-operatives Act 1996 is preserved by virtue of section 37.".

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PART 6—AMENDMENTS TO THE ESTATE AGENTS ACT 1980

9 Act not to apply to Government Departments etc.s. 9

See:Act No.9428.Reprint No. 11as at1 April 2011and amendingAct Nos63/2010, 36/2011, 21/2012 and 19/2013.LawToday:www.legislation.vic.gov.au

In section 5(1)(b) of the Estate Agents Act 1980—

(a) for "Housing the Rural Water Corporation" substitute "Housing, the Rural Water Corporation,";

(b) for "Secretary to the Department of Natural Resources and Environment" substitute "Secretary referred to in section 6 of the Conservation, Forests and Lands Act 1987";

(c) for "Corporation the State Electricity Commission of Victoria" substitute "Corporation, the State Electricity Commission of Victoria,".

10 Eligibility for employment as an agent's representative

(1) In section 16(4)(a)(i) of the Estate Agents Act 1980, after "Police" insert "or CrimTrac".

(2) In section 16(8) of the Estate Agents Act 1980—

(a) in paragraph (a) omit "or (4)(a)(ii)";



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(b) in paragraph (b), after "Police" insert "or CrimTrac".

(3) After section 16(8) of the Estate Agents Act 1980 insert—

"(9) In this section, CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999 of the Commonwealth.".

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PART 7—AMENDMENT TO THE INTERPRETATION OF LEGISLATION ACT 1984

11 References to Australian Consumer Laws. 11

See:Act No.10096.Reprint No. 11as at17 January 2013and amendingAct Nos7/2013, 22/2013,30/2013 and36/2013.LawToday:www.legislation.vic.gov.au

In section 38F of the Interpretation of Legislation Act 1984 for "subordinate legislation" substitute "subordinate instrument".

12 New section 38K inserted

Before section 39 of the Interpretation of Legislation Act 1984 insert—

"38K References to Co-operatives National Law

In an Act or subordinate instrument—

Co-operatives National Law (Victoria) means the provisions applying because



12

of section 4(1) of the Co-operatives National Law Application Act 2013.".

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PART 8—AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 1997

13 Notice by owner of building or other person who is not rooming house owner

s. 13See:Act No.109/1997.Reprint No. 7as at14 November 2012and amendingAct Nos47/2012 and 56/2012.LawToday:www.legislation.vic.gov.au

(1) In section 289A(2) of the Residential Tenancies Act 1997, for "If this section applies, notice to vacate may" substitute "Subject to subsection (2A), if this section applies notice to vacate must".

(2) After section 289A(2) of the Residential Tenancies Act 1997 insert—

"(2A) Notice to vacate does not have to be given under subsection (2) if either of the following intends to directly operate the premises as a rooming house following any termination or abandonment under subsection (1)—

(a) the owner of the building; or

(b) the lessee of the building who is not the rooming house owner.".

14 Notice of no effect

In section 317ZH(1) of the Residential Tenancies Act 1997, after "section 317ZF" insert "or 317ZG".

15 Form of notice to vacate



14

In section 319(d) of the Residential Tenancies Act 1997, for "or 317ZF" substitute ", 317ZF or 317ZG".

16 Order of Tribunal

In section 330(1) of the Residential Tenancies Act 1997—

(a) in paragraph (d), for "intention to vacate." substitute "intention to vacate; and";

(b) after paragraph (d) insert—

"(e) that any resident who is entitled to a period of notice under section 289A has been given the required notice.".

17 Contents of possession order

After section 333(1) of the Residential Tenancies Act 1997 insert—

"(1A) Despite subsection (1)(a), if a resident referred to in subparagraph (iia) is entitled to a longer period of notice under section 289A, the possession order must specify a day that gives the resident not less than that longer period of notice as the day by which the resident must vacate the building.".

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Act 2012


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PART 9—REPEAL OF AMENDING ACT

18 Repeal

This Act is repealed on the day after the first anniversary of the day on which it receives the Royal Assent.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Act 2012


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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 21 August 2013

Legislative Council: 19 September 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Associations Incorporation Reform Act 2012, the Australian Consumer Law and Fair Trading Act 2012, the Co-operatives National Law Application Act 2013, the Estate Agents Act 1980, the Interpretation of Legislation Act 1984 and the Residential Tenancies Act 1997 and for other purposes."

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