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Treasury Legislation and Other Acts Amendment Act 2014

No. 44 of 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 2

PART 2—AMENDMENT OF SUPERANNUATION ACTS 3

3 New section 6B inserted in the Emergency Services Superannuation Act 1986 36B Prudential superannuation standard 3

4 New section 24EA inserted in the Parliamentary Salaries and Superannuation Act 1968 324EA Commutation of pension to meet a superannuation

interest taxation liability 35 New section 71F inserted in the State Superannuation

Act 1988 571F Commutation of pension to meet a superannuation

interest taxation liability 5

PART 3—AMENDMENT OF ACCIDENT COMPENSATION ACTS 7

Division 1—Workplace Injury Rehabilitation and Compensation Act 2013 7

6 Amendment of section 2 77 Amendment of section 4 78 Amendment of section 34 79 Amendment of section 75 810 Amendment of section 153 811 Amendment of sections 224 and 227 812 Amendment of section 313 813 Amendment of section 333 814 Amendment of section 357 915 Amendment of sections 392 and 393 916 Amendment of section 403 917 Amendment of sections 454 and 460 9

1

18 Sections 478 to 481 substituted 11478 Right of review and appeal 11479 Authority to lodge material 12

19 Amendment of section 490 1220 Amendment of section 601 1321 Amendment of section 624 1322 Amendment of section 626 1323 Amendment of section 643 1424 Statute law revision 1425 Amendment of Schedule 1 19

Division 2—Accident Compensation Act 1985 19

26 Amendment of section 5A 1927 Amendment of section 92A 2028 Amendment of section 100B 2029 Amendment of section 100C 2130 Amendment of section 313 21

PART 4—VICTORIAN MANAGED INSURANCE AUTHORITY ACT 1996 22

31 Amendment of section 9—Delegation 2232 Section 21 substituted 22

21 Chief executive officer and other staff 22

PART 5—INDEXATION AMENDMENTS 24

33 Amendment of Acts specified in the Schedule 24

PART 6—REPEAL 25

34 Repeal of Act 25

SCHEDULE 26

1 Accident Compensation Act 1985 262 Accident Towing Services Act 2007 263 Audit Act 1994 274 Australian Grands Prix Act 1994 275 Births, Deaths and Marriages Registration Act 1996 276 Cemeteries and Crematoria Act 2003 277 Congestion Levy Act 2005 288 Education and Training Reform Act 2006 299 Electoral Act 2002 3010 Emergency Services Superannuation Act 1986 3111 Essential Services Commission Act 2001 3112 Evidence Act 2008 3113 Fire Services Property Levy Act 2012 31

14 Gambling Regulation Act 2003 3215 Grain Handling and Storage Act 1995 3316 Mineral Resources (Sustainable Development) Act 1990 3317 Parliamentary Salaries and Superannuation Act 1968 3318 Planning and Environment Act 1987 3419 Police Assistance Compensation Act 1968 3520 Police Regulation Act 1958 3621 Port Management Act 1995 3722 Relationships Act 2008 3723 Retail Leases Act 2003 3824 Road Management Act 2004 3825 State Electricity Commission Act 1958 3826 State Employees Retirement Benefits Act 1979 3927 State Superannuation Act 1988 4028 Superannuation (Portability) Act 1989 4029 Transport Accident Act 1986 4130 Transport Superannuation Act 1988 4431 Urban Renewal Authority Victoria Act 2003 4532 Victorian Energy Efficiency Target Act 2007 4533 Victorian Renewable Energy Act 2006 4534 Wrongs Act 1958 46

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ENDNOTES 47

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

Victoria

1

(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.

__________________

s. 2 Section Page

2

PART 2—AMENDMENT OF SUPERANNUATION ACTS

3 New section 6B inserted in the Emergency Services Superannuation Act 1986

s. 3See:Act No.94/1986.Reprint No. 7as at1 January 2011and amendingAct Nos61/2013 and 67/2013.LawToday:www.legislation.vic.gov.au

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

(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—

See:Act No.7723.Reprint No. 11as at1 July 2013and amendingAct No.61/2013.LawToday:www.legislation.vic.gov.au

Treasury Legislation and Other Acts Amendment Act 2014No. 44 of 2014

3

"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 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—

s. 4


4

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.".

5 New section 71F inserted in the State Superannuation Act 1988

s. 5See:Act No.50/1988.Reprint No. 8as at16 January 2014and amendingAct No.61/2013.LawToday:www.legislation.vic.gov.au

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


5

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.

(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.


superannuation interest taxation liability means—

(a) the tax imposed by the Superannuation (Sustaining the Superannuation Contribution

s. 5


6

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.".

__________________


7

PART 3—AMENDMENT OF ACCIDENT COMPENSATION ACTS

Division 1—Workplace Injury Rehabilitation and Compensation Act 2013

6 Amendment of section 2See:Act No.67/2013and amendingAct Nos17/2014 and 26/2014.Statute Book:www.legislation.vic.gov.aus. 6

(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

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 ".


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".


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".


In section 313(1) of the Workplace Injury Rehabilitation and Compensation Act 2013 omit "relating to a claim for a benefit under Part 5".

s. 9


9


(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 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.


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".


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".


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".


s. 14


10

(1) In section 454(1) of the Workplace Injury Rehabilitation and Compensation Act 2013 omit "on the amount of premium unpaid".

(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

s. 17


11

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;".

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.

s. 18


12

(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

(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.".



13

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".


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)".



(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".'.

s. 19s. 20


14


In section 626(7) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "1 July 2010" substitute "1 July 2011".


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".


(a) for "subsection (2)" substitute "subsection (5)";

s. 23


15

(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".


(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".

s. 24


16

(12) In the heading to section 343 of the Workplace Injury Rehabilitation and Compensation Act 2013, for "damage" substitute "damages".

(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".

s. 24


17

(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)".

(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".

s. 24


18

(29) In section 632(r) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "$1510" substitute "$1210".

(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

s. 24


19

2013, the item "Total loss of a joint of the thumb 43 780" (where secondly occurring) is repealed.

(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".

s. 25

See:Act No.10191.Reprint No. 19as at11 February 2013and amendingAct Nos76/2011, 9/2013, 30/2013, 43/2013, 55/2013, 67/2013, 76/2013, 17/2014 and 26/2014.LawToday:www.legislation.vic.gov.au


20

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".

s. 27


21

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.


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".

__________________

s. 29


22

PART 4—VICTORIAN MANAGED INSURANCE AUTHORITY ACT 1996

31 Amendment of section 9—Delegation

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).

See:Act No.11/1976.Reprint No. 3as at1 July 2006and amendingAct Nos80/2006, 43/2008, 58/2012 and 67/2013.LawToday:www.legislation.vic.gov.au

s. 31


23

(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.".

__________________

s. 32


24

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.

__________________

s. 33


25

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).

__________________

s. 34


26

SCHEDULESection 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.".

Sch.


27

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.".

Sch.


28

(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;

Sch.


29

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.


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

Sch.


30

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.".

Sch.


31

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


"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

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32

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".

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33

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

Sch.


34

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.".

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35

(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

Sch.


36

Statistics as at 15 June last preceding that 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—

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.".

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37

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

Sch.


38

terms published by the Australian Bureau of Statistics".

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

Sch.


39

original terms for the last reference period in each financial year; and".

(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


"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—

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)".

Sch.


40

(4) In section 43A(2), for "Commonwealth Statistician" substitute "Australian Bureau of Statistics".

27 State Superannuation Act 1988


"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


"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—

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41

"consumer price index means the all groups consumer price index for all capital cities in original terms published by the Australian Bureau of Statistics;".

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.

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42

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.".

(5) In section 61(2A), for the definitions of E and F substitute—



(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

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43

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.".

(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—


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

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44

in E last published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made.".

(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


"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".

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45

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.'.

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46

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—



(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".

═══════════════

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ENDNOTES

Endnotes


48

† 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."

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