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Statute Law Revision Bill 2017 TABLE OF PROVISIONS Clause Page 1 Purpose 1 2 Commencement 1 3 Amendment of Acts—General amendments 2 4 Amendment of Acts—Administrative arrangements 2 5 Repeal of Acts 2 6 Repeal of amending Act 2 Schedule 1—Amendment of Acts—General amendments 3 Schedule 2—Amendment of Acts—Administrative arrangements 10 Schedule 3—Repeal of Acts 40 ═══════════════ Endnotes 43 1 General information 43 PARLIAMENT OF VICTORIA 581231B.I-7/2/2017 BILL LA INTRODUCTION 7/2/2017 1 5 10

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Statute Law Revision Bill 2017

TABLE OF PROVISIONSClause Page

1 Purpose 12 Commencement 13 Amendment of Acts—General amendments 24 Amendment of Acts—Administrative arrangements 25 Repeal of Acts 26 Repeal of amending Act 2

Schedule 1—Amendment of Acts—General amendments 3

Schedule 2—Amendment of Acts—Administrative arrangements 10

Schedule 3—Repeal of Acts 40

═══════════════

Endnotes 43

1 General information 43

PARLIAMENT OF VICTORIA

581231B.I-7/2/2017 BILL LA INTRODUCTION 7/2/20171

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A Bill for an Act to revise the statute law of Victoria.

The Parliament of Victoria enacts:

1 Purpose

The purpose of this Act is to revise the statute law of Victoria.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on 1 September 2017.

(2) The following items in Schedule 1 are taken to have come into operation on the following dates—

(a) item 19 on 30 June 2016;

(b) item 20 on 30 April 2016;

(c) item 22 on 30 June 2015;

(d) item 30 on 10 May 2016.

3 Amendment of Acts—General amendments

Introduced in the Assembly

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PARLIAMENT OF VICTORIA

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On the commencement of an item in Schedule 1, the Act specified in the heading to that item is amended as set out in that item.

4 Amendment of Acts—Administrative arrangements

On the commencement of an item in Schedule 2, the Act specified in the heading to that item is amended as set out in that item.

5 Repeal of Acts

The Acts listed in Schedule 3 (to the extent that they are not already repealed) are repealed.

6 Repeal of amending Act

This Act is repealed on 1 September 2018.Note

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

Clause Page

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Schedule 1—Amendment of Acts—General amendments

Section 3

1 Aboriginal Heritage Act 2006

In section 65(2D) and (2E), for "subsection (1)" substitute "subsection (2)".

2 Access to Medicinal Cannabis Act 2016

2.1 In section 4(2), in paragraph (b) of the definition of relevant power, for "person." substitute "position.".

2.2 In section 71(1), for "license" substitute "licence".

2.3 In section 92(1), after "applies" insert "if".

3 Assisted Reproductive Treatment Act 2008

In section 124(f), for "Voluntary Register." substitute "Voluntary Register;".

4 Audit Act 1994

4.1 In section 16(3)(b), for "authority; associated" (where twice occurring) substitute "authority, associated".

4.2 In section 19A(1), for "Broad based" substitute "Broad-based".

5 Bus Safety Act 2009

In section 49(1), for "section 27(a)(ii)" substitute "section 27(1)(a)(ii)".

6 Catchment and Land Protection Act 1994

In section 71(3) omit ", (g)".

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7 Education and Training Reform Act 2006

7.1 In section 2.8.2(2)—

(a) after "subsection (1) that" insert "if";

(b) in paragraph (a) omit "if".

7.2 In section 3.3.32(1)(c), for "section 3.3.29" substitute "section 3.3.28".

7.3 In section 4.3.1(1), for "Part" substitute "Division".

7.4 In section 6.1.42, for "Bill" substitute "Act".

7.5 Clause 5(6) of Schedule 2 is repealed.

8 Electoral Act 2002

In the heading to section 19B, for "notifcation" substitute "notification".

9 Electricity Safety Act 1998

In section 141AB(4), for "natual" substitute "natural".

10 Filming Approval Act 2014

Section 9 and Schedule 2 are repealed.

11 Fines Reform Act 2014

11.1 In section 297, for "Fines Reform Act 2014." substitute "Fines Reform Act 2014".

11.2 In section 300(1) and (2)—

(a) for "infringements registrar" substitute "an infringements registrar";

(b) for "registrar" (where secondly occurring) substitute "a registrar".

12 Fisheries Act 1995

In clause 5 of Schedule 4, in the definition of initial election period, for "Bill" substitute "Act".

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13 Greenhouse Gas Geological Sequestration Act 2008

Division 2 of Part 18 is repealed.

14 Guardianship and Administration Act 1986

In section 16(1)(ha)(ii), for "42 or 48" substitute "48 or 51AH".

15 Health Services Act 1988

Insert the following heading to section 104—

"Notification of decisions by Secretary".

16 Heritage Act 1995

In section 163(6), for "(3)" substitute "(5)".

17 Independent Broad-based Anti-corruption Commission Act 2011

17.1 In section 3(1), in paragraph (i) of the definition of mandatory notification provision, for "2013." substitute "2013;".

17.2 In section 41(5), in the definition of senior officer, for "section;" substitute "section.".

17.3 For the notes at the foot of section 44(1) substitute—"Notes

1 A person who is served with or receives a confidentiality notice may be subject to further confidentiality obligations under Part 7 of the Protected Disclosure Act 2012.

2 Section 185 applies to an offence against this subsection.".

18 Infrastructure Victoria Act 2015

In section 36, for "35.." substitute "35.".

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19 Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016

19.1 In section 4(1), for "were proved" substitute "were found proved".

19.2 In section 28(1)(a), for "subsection (1)" (where secondly occurring) substitute "subsection (2)".

19.3 In section 46(1), for "At the note" substitute "After the note".

20 Justice Legislation Further Amendment Act 2016

In section 17, for "Vice President" substitute "a Vice President".

21 Local Government Act 1989

In section 81C(2), for "a an application" substitute "an application".

22 Major Crime (Investigative Powers) Act 2004

In section 3, for the definition of legal practitioner substitute—

"legal practitioner means an Australian legal practitioner;".

23 Marine (Drug, Alcohol and Pollution Control) Act 1988

In section 3(1), in the definition of Victorian Marine Pollution Contingency Plan, for "2013." substitute "2013;".

24 Marine Safety Act 2010

The heading to Part 9.3 is repealed.

25 Melbourne and Olympic Parks Act 1985

In section 4, in the definition of Olympic Park, for "olympic park land" substitute "Olympic Park land".

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26 Mental Health Act 2014

26.1 In section 3(1), in the definition of police officer, for "means a member of the force within the meaning of" substitute "has the same meaning as in section 3(1) of".

26.2 In section 43(b)(v) omit "to the Department of Human Services".

26.3 In section 169(4), for "subclause" substitute "subsection".

27 Mineral Resources (Sustainable Development) Act 1990

In the heading to section 40, for "Plan" substitute "plan".

28 National Domestic Violence Order Scheme Act 2016

28.1 In section 66(2), for "DVO." substitute "DVO".

28.2 In section 79(3), for "2016." substitute "2016".

29 National Parks Act 1975

In Part 7 of Schedule One AA, for "26 Rights to cease" substitute "27 Rights to cease".

30 Occupational Licensing National Law Repeal Act 2016

In section 1, for "Bill" substitute "Act".

31 Pipelines Act 2005

In section 33(1), for "a applicant" substitute "an applicant".

32 Port Management Act 1995

In section 49S(2)(a), for "risk and" substitute "risk; and".

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33 Retail Leases Act 2003

In section 87(1), for "Fair Trading Act 1999" substitute "Australian Consumer Law and Fair Trading Act 2012".

34 Road Safety Act 1986

34.1 In section 17A(4), for "(3),," substitute "(3),".

34.2 In section 61A(8)(c), for "10km per hour" substitute "10 kilometres per hour".

34.3 In section 64(4)(b), for "10km per hour" substitute "10 kilometres per hour".

34.4 In section 65(3)(b), for "10km per hour" substitute "10 kilometres per hour".

35 Rural Assistance Schemes Act 2016

In section 13(2)(b), for "re-apppointment" substitute "re-appointment".

36 Safety on Public Land Act 2004

In section 5(1)(c) omit "subject to section 6,".

37 Tobacco Act 1987

37.1 In section 3, in the definition of specialist e-cigarette retailing premises, for "section 15U." substitute "section 15U;".

37.2 In sections 15U(6) and 15X(1)(b), for "may be," substitute "may be".

38 Unclaimed Money Act 2008

In section 3(1), in paragraph (a) of the definition of unclaimed money, for "become" substitute "became".

39 Water Act 1989

39.1 In section 51AB(6)(b), for "neccessary" substitute "necessary".

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39.2 In section 238(1), for "instal" substitute "install".

40 Workplace Injury Rehabilitation and Compensation Act 2013

In section 493(1)(zb)(ii), for "cooperation" substitute "co-operation".

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Schedule 2—Amendment of Acts—Administrative arrangements

Section 4

1 Adoption Act 1984

In section 4(1A), for "Human Services" substitute "Health and Human Services".

2 Agent-General and Commissioners for Victoria Act 2007

2.1 In section 3, in the definition of Secretary, for "State Development, Business and Innovation" substitute "Economic Development, Jobs, Transport and Resources".

2.2 In section 10(2), for "State Development, Business and Innovation" substitute "Economic Development, Jobs, Transport and Resources".

2.3 In section 13(2), for "State Development, Business and Innovation" substitute "Economic Development, Jobs, Transport and Resources".

3 Agricultural and Veterinary Chemicals (Control of Use) Act 1992

3.1 In section 4(1)—

(a) for the definition of Department, substitute—

"Department means the Department of Economic Development, Jobs, Transport and Resources;";

(b) for the definition of Secretary to the Department of Health, substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the

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Department of Health and Human Services;".

3.2 In section 4(6), for "Environment and Primary Industries" substitute "Economic Development, Jobs, Transport and Resources".

3.3 In section 63(4)(b), for "Health" (where twice occurring) substitute "Health and Human Services".

4 Ambulance Services Act 1986

4.1 In section 3—

(a) in subsection (1), in the definition of Secretary, for "Health" substitute "Health and Human Services";

(b) in subsection (2), for "Health" substitute "Health and Human Services".

4.2 In section 10(2), for "Health" substitute "Health and Human Services".

5 Assisted Reproductive Treatment Act 2008

In section 3, in the definition of Secretary, for "Health" substitute "Health and Human Services".

6 Australian Consumer Law and Fair Trading Act 2012

In section 3(1), in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

7 Bail Act 1977

In section 5A(1)(c), for "Human Services" substitute "Health and Human Services".

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8 Births, Deaths and Marriages Registration Act 1996

8.1 In section 4(1), for the definition of Secretary to the Department of Health, substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

8.2 In section 21, for "Health" substitute "Health and Human Services".

8.3 In section 56, for "Justice" substitute "Justice and Regulation".

9 Building Act 1993

9.1 In section 3(1), for the definition of Secretary to the Department of Health, substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

9.2 In section 259C, for "Health" substitute "Health and Human Services".

10 Bus Safety Act 2009

In section 3(1), in the definition of Department, for "Transport, Planning and Local Infrastructure" substitute "Economic Development, Jobs, Transport and Resources".

11 Cemeteries and Crematoria Act 2003

11.1 In section 3—

(a) in subsection (1), in the definition of Secretary, for "Health" substitute "Health and Human Services";

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(b) in subsection (2), for "Health" substitute "Health and Human Services".

11.2 In sections 18Q(6) and 45(3)(b), for "Health" substitute "Health and Human Services".

12 Charter of Human Rights and Responsibilities Act 2006

In the note at the foot of section 4(1)(a), for "Justice" substitute "Justice and Regulation".

13 Child Employment Act 2003

In section 3, in the definition of Department, for "State Development, Business and Innovation" substitute "Economic Development, Jobs, Transport and Resources".

14 Children's Services Act 1996

In section 3—

(a) in subsection (1)—

(i) in the definition of Department, for "Early Childhood Development" substitute "Training";

(ii) in the definition of Secretary, for "Early Childhood Development" substitute "Training";

(b) in subsection (2), for "Early Childhood Development" substitute "Training";

15 Children, Youth and Families Act 2005

15.1 In section 3—

(a) in subsection (1), in the definition of Department, for "Human Services" substitute "Health and Human Services";

(b) in subsection (3), for "Human Services" substitute "Health and Human Services".

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15.2 In sections 16B and 16C, for "Human Services" (where twice occurring) substitute "Health and Human Services".

15.3 In section 16D, for "Human Services" (wherever occurring) substitute "Health and Human Services".

15.4 In section 25(2), for "Sustainability and Environment" substitute "Environment, Land, Water and Planning".

15.5 In section 42B, for "Justice" (wherever occurring) substitute "Justice and Regulation".

15.6 In sections 358(a), 390(2) and 403(2), for "Justice" substitute "Justice and Regulation".

15.7 In sections 430I(1), 430J and 469(2), for "Justice" substitute "Justice and Regulation".

15.8 In sections 471 and 472, for "Justice" (wherever occurring) substitute "Justice and Regulation".

15.9 In section 473(5), for "Justice" substitute "Justice and Regulation".

15.10 In sections 546(1), 548, 560(b) and 561(1), for "Justice" substitute "Justice and Regulation".

15.11 In the heading to section 562, for "Justice" substitute "Justice and Regulation".

15.12 In section 562, for "Justice" (wherever occurring) substitute "Justice and Regulation".

15.13 In section 572(b), for "Justice" substitute "Justice and Regulation".

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16 Coastal Management Act 1995

16.1 In section 3(1), in paragraph (c) of the definition of Crown land, for "Department of Natural Resources and Environment" substitute "Department of Environment, Land, Water and Planning".

16.2 In section 38(2), for "Department of Natural Resources and Environment" substitute "Department of Environment, Land, Water and Planning".

17 Commission for Children and Young People Act 2012

17.1 In section 3—

(a) for the definition of Department of Justice, substitute—

"Department of Justice and Regulation means the Department of Justice and Regulation as established under the Public Administration Act 2004;";

(b) in the definition of Secretary, for "Human Services" substitute "Health and Human Services".

17.2 In sections 24(b), 25(2)(c), 26 and 27(1), for "Justice" substitute "Justice and Regulation".

18 Community Based Sentences (Transfer) Act 2012

18.1 In the note at the foot of section 9, for "Justice" substitute "Justice and Regulation".

18.2 In section 10, for "Justice" (where twice occurring) substitute "Justice and Regulation".

19 Conveyancers Act 2006

In section 3, in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

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20 Coroners Act 2008

20.1 In section 3(1)—

(a) in the definition of person placed in custody or care—

(i) in paragraphs (a) and (c), for "Human Services" substitute "Health and Human Services";

(ii) in paragraph (d), for "Secretary to the Department of Human Services or the Secretary to the Department of Health" substitute "Secretary to the Department of Health and Human Services";

(iii) in paragraph (e), for "Justice" substitute "Justice and Regulation";

(b) for the definition of Secretary to the Department of Health substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;";

20.2 In section 4(2)(e), for "Justice" substitute "Justice and Regulation".

21 Corrections Act 1986

21.1 In section 3(1), for the definition of Secretary to the Department of Health, substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

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21.2 In section 16(2), for "Health" substitute "Health and Human Services".

21.3 In section 104ZY(2)—

(a) in paragraph (h), for "Human Services" substitute "Health and Human Services";

(b) in paragraph (i), for "Health" substitute "Health and Human Services".

21.4 In section 112C(1) and (2), for "Justice" substitute "Justice and Regulation".

22 Country Fire Authority Act 1958

22.1 In section 3(1), in the definition of Department, for "Sustainability and Environment" substitute "Environment, Land, Water and Planning".

22.2 In section 20AAA(2), in paragraph (c) of the definition of emergency agency, for "Sustainability and Environment" substitute "Environment, Land, Water and Planning".

23 County Court Act 1958

23.1 In section 3(1), for the definition of Secretary to the Department of Health, substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

23.2 In section 28A, for "Health" substitute "Health and Human Services".

24 Crimes Act 1958

24.1 In section 479C(1)(b), for "Justice" substitute "Justice and Regulation".

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24.2 In section 506—

(a) in subsection (1), in the definition of Secretary, for "Justice" substitute "Justice and Regulation";

(b) in subsection (2), for "Justice" substitute "Justice and Regulation".

24.3 In section 507—

(a) in subsection (4A), for "Justice" substitute "Justice and Regulation";

(b) in subsection (6)—

(i) for "Justice" substitute "Justice and Regulation";

(ii) for "Human Services" substitute "Health and Human Services".

25 Crime Statistics Act 2014

In section 3, in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

26 Criminal Procedure Act 2009

26.1 In section 3—

(a) in the definition of in detention—

(i) in paragraph (a), for "Justice" substitute "Justice and Regulation";

(ii) in paragraphs (d) and (e), for "Human Services" substitute "Health and Human Services";

(b) in paragraphs (d) and (e) of the definition of responsible person, for "Human Services" substitute "Health and Human Services".

26.2 In section 49(1)(b), for "Justice" substitute "Justice and Regulation".

26.3 In section 333(1)(c), for "Human Services" substitute "Health and Human Services".

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27 Dairy Act 2000

27.1 In section 3—

(a) for the definition of Department, substitute—

"Department means the Department of Economic Development, Jobs, Transport and Resources;";

(b) for the definition of Secretary to the Department of Health, substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

27.2 In section 6(g), for "Health" substitute "Health and Human Services".

28 Disability Act 2006

28.1 In section 3—

(a) in subsection (1), in the definition of Department, for "Human Services" substitute "Health and Human Services";

(b) in subsection (2), for "Human Services" substitute "Health and Human Services".

28.2 In sections 10A and 10B, for "Human Services" (where twice occurring) substitute "Health and Human Services".

28.3 In section 10C, for "Human Services" (wherever occurring) substitute "Health and Human Services".

28.4 In section 152(4)(b), for "Justice" substitute "Justice and Regulation".

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28.5 In section 166, for "Justice" (wherever occurring) substitute "Justice and Regulation".

28.6 In section 175(3) and 176, for "Justice" substitute "Justice and Regulation".

28.7 In section 177, for "Justice" (where twice occurring) substitute "Justice and Regulation".

28.8 In section 179, for "Justice" substitute "Justice and Regulation".

28.9 In section 180, for "Justice" (wherever occurring) substitute "Justice and Regulation".

29 Drugs, Poisons and Controlled Substances Act 1981

29.1 In section 61(1), in the definition of Secretary, for "Department of Environment and Primary Industries" substitute "Department of Economic Development, Jobs, Transport and Resources".

29.2 In section 69N, in the definition of Secretary, for "Department of Environment and Primary Industries" substitute "Department of Economic Development, Jobs, Transport and Resources".

29.3 In section 119(ea), for "Department of Environment and Primary Industries" substitute "Department of Economic Development, Jobs, Transport and Resources".

30 EastLink Project Act 2004

30.1 In section 3(1), for the definition of Secretary to the Department of Environment and Primary Industries substitute—

"Secretary to the Department of Environment, Land, Water and Planning means the Department Head of the Department of Environment, Land, Water and Planning;".

30.2 In section 40(1), for "Environment and Primary Industries" substitute "Environment, Land, Water and Planning".

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30.3 In section 221(1) and (3), for "Transport, Planning and Local Infrastructure" substitute "Economic Development, Jobs, Transport and Resources".

31 Education and Care Services National Law Act 2010

In sections 8 and 9(2), for "Early Childhood Development" substitute "Training".

32 Education and Training Reform Act 2006

32.1 In section 1.1.3—

(a) in subsection (1), in the definition of Department, for "Early Childhood Development" substitute "Training";

(b) in subsection (2), for "Education" substitute "Education and Training".

32.2 In section 2.1.21(5), for "Human Services" (where twice occurring) substitute "Health and Human Services".

32.3 In section 2.6.51(1)(g), for "Justice" substitute "Justice and Regulation".

33 Electricity Industry Act 2000

33.1 In section 40FJ(3), for "State Development, Business and Innovation" substitute "Environment, Land, Water and Planning".

33.2 In section 40NC(2), for "State Development, Business and Innovation" substitute "Environment, Land, Water and Planning".

33.3 In sections 47(1) and 49(1), for "Human Services" substitute "Health and Human Services".

34 Electricity Safety Act 1998

In section 87(5)(e), for "Department of Environment and Primary Industries" substitute "Department of Environment, Land, Water and Planning".

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35 Environment Protection Act 1970

35.1 In section 4(1)—

(a) for the definition of Secretary of the Department of Environment and Primary Industries substitute—

"Secretary to the Department of Environment, Land, Water and Planning means the Department Head of the Department of Environment, Land, Water and Planning within the meaning of the Public Administration Act 2004;";

(b) for the definition of Secretary to the Department of Health substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

35.2 In sections 19B, 20(8) and 20A for "Health" (wherever occurring) substitute "Health and Human Services".

35.3 In section 28(2), for "Health" substitute "Health and Human Services".

35.4 In section 48A(1), in the definition of court officer, for "Justice" substitute "Justice and Regulation".

35.5 In section 50AC—

(a) in paragraph (a), for "Secretary of the Department of Environment and Primary Industries" substitute "Secretary to the Department of Environment, Land, Water and Planning";

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(b) in paragraph (c), for "Health" substitute "Health and Human Services".

36 Estate Agents Act 1980

In section 4(1), in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

37 Evidence (Miscellaneous Provisions) Act 1958

37.1 In section 21I(2), for "Justice" substitute "Justice and Regulation".

37.2 In section 21K, in the definition of mediator, for "Justice" substitute "Justice and Regulation".

37.3 In section 130(3A), for "Secretary to the Department of Justice" substitute "Chief Executive Officer of Court Services Victoria".

38 Family Violence Protection Act 2008

38.1 In sections 83(5) and 84(1), for "Human Services" substitute "Health and Human Services".

38.2 In the heading to section 174, for "Human Services" substitute "Health and Human Services".

38.3 In section 174, for "Human Services" substitute "Health and Human Services".

39 Fines Reform Act 2014

In section 3, in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

40 Firearms Act 1996

In section 10(2)(b)(v), for "Department of Natural Resources and Environment" substitute "Department of Environment, Land, Water and Planning".

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41 Forests Act 1958

41.1 In section 3A(2)(b), for "Environment and Primary Industries" substitute "Environment, Land, Water and Planning".

41.2 In sections 61A and 61B, for "Environment and Primary Industries" substitute "Environment, Land, Water and Planning".

41.3 In section 61C, for "Environment and Primary Industries" (where twice occurring) substitute "Environment, Land, Water and Planning".

41.4 In section 91, for "Early Childhood Development" (wherever occurring) substitute "Training".

42 Fundraising Act 1998

In section 3, in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

43 Gambling Regulation Act 2003

In section 1.3(1), in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

44 Gas Industry Act 2001

In sections 49(1) and 51(1), for "Human Services" substitute "Health and Human Services".

45 Health (Fluoridation) Act 1973

In section 2—

(a) in subsection (1), in the definition of Secretary, for "Health" substitute "Health and Human Services";

(b) in subsection (2), for "Health" substitute "Health and Human Services".

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46 Health Services Act 1988

In section 3—

(a) in subsection (1), in the definition of Department, for "Health" substitute "Health and Human Services";

(b) in subsection (2), for "Human Services" substitute "Health and Human Services".

47 Housing Act 1983

In section 4(1), in the definition of Department, for "Human Services" substitute "Health and Human Services".

48 Human Services (Complex Needs) Act 2009

In section 3, in the definition of Department, for "Human Services" substitute "Health and Human Services".

49 Improving Cancer Outcomes Act 2014

49.1 In section 1(a), for "Health" substitute "Health and Human Services".

49.2 In section 3—

(a) in the definition of Department, for "Health" substitute "Health and Human Services";

(b) in the definition of Secretary, for "Health" substitute "Health and Human Services".

50 Independent Broad-based Anti-corruption Commission Act 2011

In section 3(1), in paragraph (a) of the definition of detained person, for "Justice" substitute "Premier and Cabinet".

51 Infringements Act 2006

In section 3(2), for "Justice" substitute "Justice and Regulation".

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52 International Transfer of Prisoners (Victoria) Act 1998

52.1 In section 3(1), for the definition of Secretary to the Department of Health substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

52.2 In section 4(3), in the definition of authorised person—

(a) in paragraph (a), for "Justice" (where twice occurring) substitute "Justice and Regulation";

(b) in paragraph (b), for "Health" substitute "Health and Human Services".

53 Juries Act 2000

53.1 In section 3(1), for the definition of Secretary to the Department of Health substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

53.2 For clause 1(h) of Schedule 2, substitute—

"(h) the Secretary to the Department of Justice and Regulation or the Secretary to the Department of Health and Human Services;".

54 Legal Aid Act 1978

In sections 6(3)(b) and 15(2), for "Justice" substitute "Justice and Regulation".

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55 Liquor Control Reform Act 1998

55.1 In section 3(1), in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

55.2 In sections 6(j)(i) and 66A(4), for "Justice" substitute "Justice and Regulation".

56 Magistrates' Court Act 1989

56.1 In section 3(1)—

(a) in the definition of Department, for "Justice" substitute "Justice and Regulation";

(b) in the definition of Secretary, for "Justice" substitute "Justice and Regulation";

(c) for the definition of Secretary to the Department of Health substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

56.2 In section 3(2), for "Justice" substitute "Justice and Regulation".

56.3 In section 4Q(2)—

(a) in paragraph (c), for "Human Services" substitute "Health and Human Services";

(b) paragraph (ca) is repealed.

56.4 In section 70(c), for "Justice" substitute "Justice and Regulation".

56.5 In section 79(1)(d)(iii), for "Human Services" substitute "Health and Human Services".

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56.6 In sections 81 and 82—

(a) for "Human Services" (wherever occurring) substitute "Health and Human Services";

(b) for "Justice" substitute "Justice and Regulation".

56.7 In sections 124D(1), 124E(6), 124G(1), 124I(2) and 124J(1)(d), for "Justice" substitute "Justice and Regulation".

57 Maintenance Act 1965

57.1 In sections 82(1), 83(5) and 84, for "Justice" substitute "Justice and Regulation".

57.2 In section 85, for "Justice" (wherever occurring) substitute "Justice and Regulation".

57.3 In section 86—

(a) in subsection (1)(b), for "Justice" substitute "Justice and Regulation";

(b) in subsection (2), for "Justice" substitute "Justice and Regulation".

57.4 In section 89, for "Justice" (where twice occurring) substitute "Justice and Regulation".

58 Major Transport Projects Facilitation Act 2009

58.1 In section 3, in the definition of Department, for "Transport, Planning and Local Infrastructure" substitute "Economic Development, Jobs, Transport and Resources".

58.2 In sections 51A and 62, for "Health" (wherever occurring) substitute "Health and Human Services".

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59 Meat Industry Act 1993

59.1 In section 3(1)—

(a) in the definition of chief veterinary officer, for "Environment and Primary Industries" substitute "Economic Development, Jobs, Transport and Resources";

(b) in the definition of Secretary, for "Environment and Primary Industries" substitute "Economic Development, Jobs, Transport and Resources";

(c) for the definition of Secretary to the Department of Health substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

59.2 In section 3(1A), for "Environment and Primary Industries" substitute "Economic Development, Jobs, Transport and Resources".

59.3 In section 30(6), for "Environment and Primary Industries" substitute "Economic Development, Jobs, Transport and Resources".

59.4 In section 44(ga), for "Department of Health" substitute "Department of Health and Human Services".

60 Mental Health Act 2014

In section 368, for "Health's" (where twice occurring) substitute "Health and Human Services'".

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61 Metropolitan Fire Brigades Act 1958

In section 7AA(2), in paragraph (c) of the definition of emergency agency, for "Sustainability and Environment" substitute "Environment, Land, Water and Planning".

62 Non-Emergency Patient Transport Act 2003

In section 3, in the definition of Department, for "Health" substitute "Health and Human Services".

63 Outworkers (Improved Protection) Act 2003

In section 3, in the definition of Department, for "Department of Business and Innovation" substitute "the Department of Economic Development, Jobs, Transport and Resources".

64 Parks Victoria Act 1998

In section 3, in the definition of Department, for "Department of Natural Resources and Environment" substitute "Department of Environment, Land, Water and Planning".

65 Personal Safety Intervention Orders Act 2010

65.1 In section 4, in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

65.2 In sections 16A(5) and 34(2), for "Justice" substitute "Justice and Regulation".

65.3 In section 71(5), for "Human Services" substitute "Health and Human Services".

65.4 In the heading to section 72, for "Human Services" substitute "Health and Human Services".

65.5 In section 72(1), for "Human Services" substitute "Health and Human Services".

65.6 In section 74(2)(b), for "Early Childhood Development" substitute "Training".

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65.7 In the heading to section 75, for "Early Childhood Development" substitute "Training".

65.8 In section 75, for "Early Childhood Development" (wherever occurring) substitute "Training".

65.9 In the heading to section 130, for "Human Services" substitute "Health and Human Services".

65.10 In sections 130, 150(1)(b), 155(b) and 157(1)(b), for "Human Services" substitute "Health and Human Services".

66 Pharmacy Regulation Act 2010

In section 3(1), in the definition of Secretary, for "Health" (where twice occurring) substitute "Health and Human Services".

67 Professional Boxing and Combat Sports Act 1985

In section 5, in the definition of Department, for "Transport, Planning and Local Infrastructure" substitute "Health and Human Services".

68 Professional Standards Act 2003

In section 4(1), in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

69 Public Administration Act 2004

In clause 1 of Schedule 1, in the definition of teaching service, for "Early Childhood Development" substitute "Training".

70 Public Health and Wellbeing Act 2008

70.1 In section 3(1), in the definition of Department, for "Health" substitute "Health and Human Services".

70.2 In section 16(1), for "Health" substitute "Health and Human Services".

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71 Radiation Act 2005

71.1 In section 3(1), in the definition of Department, for "Health" substitute "Health and Human Services".

71.2 In section 136(1)(g), for "Sustainability and Environment" substitute "Environment, Land, Water and Planning".

72 Rail Safety (Local Operations) Act 2006

72.1 In section 3(1), in the definition of Department, for "Transport" substitute "Economic Development, Jobs, Transport and Resources".

72.2 In the heading to section 35B, for "Transport" substitute "Economic Development, Jobs, Transport and Resources".

72.3 In section 35B, for "Transport" substitute "Economic Development, Jobs, Transport and Resources".

73 Residential Tenancies Act 1997

73.1 In section 142J(1)—

(a) in paragraph (a), for "Justice" substitute "Justice and Regulation";

(b) in paragraph (b), for "Human Services" substitute "Health and Human Services";

(c) paragraph (c) is repealed;

(d) in paragraph (d), for "Department of Justice, the Department of Human Services or the Department of Health" substitute "Department of Justice and Regulation or the Department of Health and Human Services".

73.2 In section 525, for "Planning and Community Development" (where twice occurring) substitute "Environment, Land, Water and Planning".

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73.3 In section 526(5), for "Planning and Community Development" substitute "Environment, Land, Water and Planning".

74 Road Safety Camera Commissioner Act 2011

In sections 10(b) and 11(2)(a), for "Justice" substitute "Justice and Regulation".

75 Royal Botanic Gardens Act 1991

In clause 1(2)(a) of Schedule 2, for "Department of Natural Resources and Environment" substitute "Department of Environment, Land, Water and Planning".

76 Safe Drinking Water Act 2003

76.1 In section 1(2)(f), for "Health" substitute "Health and Human Services".

76.2 In section 3, in the definition of Secretary, for "Health" substitute "Health and Human Services".

77 Sentencing Act 1991

77.1 In section 3(1)—

(a) in the definition of approved drug and alcohol assessment agency, for "Health" substitute "Health and Human Services";

(b) in the definition of Secretary, for "Justice" substitute "Justice and Regulation";

(c) for the definition of Secretary to the Department of Health substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

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77.2 In section 8A(4)(a), for "Human Services" substitute "Health and Human Services".

77.3 In section 8I, for "Health" (wherever occurring) substitute "Health and Human Services".

77.4 In section 10AA(8), in paragraph (i) of the definition of emergency worker, for "Department Environment and Primary Industries" substitute "Department of Environment, Land, Water and Planning".

77.5 In section 18I(1), for "Health, the Secretary to the Department of Human Services" substitute "Health and Human Services".

77.6 In sections 80 and 81, for "Human Services" (where twice occurring) substitute "Health and Human Services".

77.7 In section 82(2)(d), for "Human Services" substitute "Health and Human Services".

77.8 In section 82AA, for "Human Services" (wherever occurring) substitute "Health and Human Services".

77.9 In section 82A(2)(c), for "Human Services" substitute "Health and Human Services".

77.10 In section 87C, in paragraph (i) of the definition of emergency service worker, for "Department of Natural Resources and Environment" substitute "Department of Environment, Land, Water and Planning".

77.11 In section 115B(1)(b), for "Justice" substitute "Justice and Regulation".

78 Severe Substance Dependence Treatment Act 2010

In section 4, in the definition of Secretary, for "Health" substitute "Health and Human Services".

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79 Sex Offenders Registration Act 2004

In section 3, in the definition of strict supervision—

(a) in paragraph (a), for "Justice" substitute "Justice and Regulation";

(b) in paragraph (b), for "Human Services" substitute "Health and Human Services".

80 Sex Work Act 1994

80.1 In section 3B(5), in the definition of Secretary, for "Health" substitute "Health and Human Services".

80.2 In section 56(1A), for "Health" substitute "Health and Human Services".

81 Sheriff Act 2009

81.1 In section 3, in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

81.2 In sections 4 and 8(1), for "Justice" substitute "Justice and Regulation".

81.3 In the heading to section 8, for "Justice" substitute "Justice and Regulation".

82 Shop Trading Reform Act 1996

In section 3(1), in the definition of Secretary, for "State Development, Business and Innovation" substitute "Economic Development, Jobs, Transport and Resources".

83 Status of Children Act 1974

83.1 In sections 27(1)(b) and 29C, for "Justice" substitute "Justice and Regulation".

83.2 In the heading to section 29D, for "Justice" substitute "Justice and Regulation".

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83.3 In sections 29D, 29G(1)(b) and 29I(1), for "Justice" (wherever occurring) substitute "Justice and Regulation".

84 Subordinate Legislation Act 1994

In section 6A(1)(a), for "Justice" substitute "Justice and Regulation".

85 Summary Offences Act 1966

85.1 In section 30, for "Health" (where twice occurring) substitute "Health and Human Services".

85.2 In section 56(1), for "Health" substitute "Health and Human Services".

86 Supported Residential Services (Private Proprietors) Act 2010

In section 3(1), in the definition of Department, for "Health" substitute "Health and Human Services".

87 Surveillance Devices Act 1999

In section 11(2)(d)(iii), for "Justice" substitute "Justice and Regulation".

88 Terrorism (Community Protection) Act 2003

88.1 In section 13D(7), for "Human Services" substitute "Health and Human Services".

88.2 In section 13E(8)—

(a) for "Justice" substitute "Justice and Regulation";

(b) for "Human Services" substitute "Health and Human Services".

88.3 In section 13F(8), for "Human Services" substitute "Health and Human Services".

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88.4 In section 13I(8)—

(a) for "Justice" substitute "Justice and Regulation";

(b) for "Human Services" substitute "Health and Human Services".

88.5 In section 13N—

(a) for "Justice" (where twice occurring) substitute "Justice and Regulation";

(b) for "Human Services" (where twice occurring) substitute "Health and Human Services".

88.6 In section 13O—

(a) for "Justice" (where twice occurring) substitute "Justice and Regulation";

(b) for "Human Services" (where twice occurring) substitute "Health and Human Services".

88.7 In section 13W, for "Justice" (where twice occurring) substitute "Justice and Regulation".

88.8 In section 13WA, for "Human Services" (wherever occurring) substitute "Health and Human Services".

88.9 In section 13ZJ—

(a) in subsection (4), for "Human Services" substitute "Health and Human Services";

(b) in the note at the foot of subsection (4), for "Human Services" substitute "Health and Human Services".

88.10 In section 13ZM—

(a) for "Justice" (where twice occurring) substitute "Justice and Regulation";

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(b) for "Human Services" (where twice occurring) substitute "Health and Human Services".

89 Tobacco Act 1987

In section 3, in the definition of Secretary, for "Health" substitute "Health and Human Services".

90 Tourist and Heritage Railways Act 2010

In section 3, in paragraph (b) of the definition of State entity, for "Transport, Planning and Local Infrastructure" substitute "Economic Development, Jobs, Transport and Resources".

91 Transport (Compliance and Miscellaneous) Act 1983

In section 86(1), in the definition of public commercial passenger vehicle, for "Early Childhood Development" substitute "Training".

92 Transport Integration Act 2010

In section 3, in the definition of Department, for "Transport, Planning and Local Infrastructure" substitute "Economic Development, Jobs, Transport and Resources".

93 Victims' Charter Act 2006

93.1 In section 3(1), in the definition of Secretary, for "Justice" substitute "Justice and Regulation".

93.2 In section 21, for "Justice" substitute "Justice and Regulation".

94 Victoria State Emergency Service Act 2005

In section 6A(2), in paragraph (d) of the definition of emergency agency, for "Sustainability and Environment" substitute "Environment, Land, Water and Planning".

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95 Victorian Industry Participation Policy Act 2003

In section 3—

(a) in subsection (1), in the definition of Department, for "State Development, Business and Innovation" substitute "Economic Development, Jobs, Transport and Resources";

(b) in subsection (2), for "State Development, Business and Innovation" substitute "Economic Development, Jobs, Transport and Resources".

96 Water Act 1989

In section 147(6)(a), for "Health" substitute "Health and Human Services".

97 Water Industry Act 1994

In section 3(1), for the definition of Secretary to the Department of Health substitute—

"Secretary to the Department of Health and Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;".

98 Workplace Injury Rehabilitation and Compensation Act 2013

In clause 1(2)(a)(i) of Schedule 1, for "Early Childhood Development" substitute "Training".

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Schedule 3—Repeal of ActsSection 5

Act No. Title of Act

1958

6221 Coal Mines (Pensions) Act 1958

1981

9636 Serpell Joint Schools Act 1981

1982

9723The Commercial Bank of Australia Limited (Merger) Act 1982

1983

9884 Limitation of Actions (Personal Injury Claims) Act 1983

1984

10106 Constitution (Duration of Parliament) Act 1984

1985

10178 Motor Car (Amendment) Act 1985

1986

47/1986 Young Offenders (Interstate Transfer) Act 1986

71/1986 Forests (Bowater-Scott Agreement) Act 1986

88/1986 Taxation Acts (Amendment) Act 1986

1987

16/1987 Community Services Act 1987

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Act No. Title of Act

1988

9/1988 Energy Consumption Levy (Amendment) Act 1988

14/1988 Deputy Ombudsman (Police Complaints) Act 1988

1989

83/1989 Forests (Victree Forests Agreement) Act 1989

1991

6/1991 Interpretation of Legislation (Amendment) Act 1991

83/1991 Retail Tenancies (Rent Review) Act 1991

1993

102/1993 Limitation of Actions (Amendment) Act 1993

120/1993 Transport (Amendment) Act 1993

1994

17/1994 Road Safety (Amendment) Act 1994

60/1994 Transport (Further Amendment) Act 1994

1998

51/1998 St George Bank and Advance Bank Australia Act 1998

2006

64/2006Snowy Hydro Corporatisation (Parliamentary Approval) Act 2006

2012

36/2012 Appropriation (2012/2013) Act 2012

37/2012 Appropriation (Parliament 2012/2013) Act 2012

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Act No. Title of Act

2013

38/2013 Appropriation (2013-2014) Act 2013

39/2013 Appropriation (Parliament 2013-2014) Act 2013

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

By Authority. Government Printer for the State of Victoria.

Endnotes

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