PARLIAMENT OF VICTORIA
Consumer Acts Amendment Bill 2016
TABLE OF PROVISIONS
Clause
Page
Part 1—Preliminary
1
2
1
Purposes
Commencement
1
3
Part 2—Amendment of the Associations Incorporation Reform
Act 2012
3
4
5
6
7
8
9
10
11
12
13
14
15
Exemption from requirements under section 102
New section 103A inserted
Entry and search with consent
Notice before entry and search
Acknowledgement of consent to entry and search
Entry without consent or warrant
Section 168 substituted
Form and content of search warrants
New section 169A inserted
Announcement before entry
Seizure of things not mentioned in the warrant
Protection against self-incrimination
Inspection of register and obtaining copies of documents
4
4
4
4
5
5
5
6
7
8
9
10
10
10
Part 3—Amendment of other Acts
12
Division 1—Conveyancers Act 2006
12
16 Requirement to assist inspector during entry
17 New section 172A inserted
Division 2—Motor Car Traders Act 1986
12
12
12
18 Cancellation of security interest by motor car trader
Division 3—Sale of Land Act 1962
12
13
19 Definitions
20 Power of purchaser to terminate a contract for sale of land
21 New section 31A inserted
13
13
14
Division 4—Second-Hand Dealers and Pawnbrokers Act 1989
15
22 New section 29A inserted
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Clause
Page
Division 5—Veterans Act 2005
15
23 What is a patriotic fund?
24 Amendment to trust deed of patriotic fund
Part 4—Repeal of amending Act
17
25 Repeal of amending Act
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Endnotes
1
17
18
General information
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Consumer Acts Amendment Bill 2016
A Bill for an Act to amend the Associations Incorporation Reform
Act 2012, the Conveyancers Act 2006, the Motor Car Traders
Act 1986, the Sale of Land Act 1962, the Second-Hand Dealers
and Pawnbrokers Act 1989 and the Veterans Act 2005 and for
other purposes.
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Associations Incorporation
Reform Act 2012 to—
5
(i) give the Minister discretion to exempt
an incorporated association or class of
incorporated association from specific
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Part 1—Preliminary
requirements of the Associations
Incorporation Reform Act 2012; and
(ii) better align the provisions in relation to
powers of entry and inspection with
the provisions of the Australian
Consumer Law and Fair Trading
Act 2012; and
5
(iii) enable the inspection and provision
of electronic records of prescribed
documents kept by the Registrar in
relation to incorporated associations;
and
10
(b) to amend the Conveyancers Act 2006 to
insert an offence of failing to comply,
without reasonable excuse, with a
requirement of the Director or an inspector;
and
15
(c) to amend the Motor Car Traders Act 1986
to allow a motor car trader to sell, exchange
or dispose of a motor car subject to a security
interest, where the motor car trader is
engaged by the Sheriff to sell the motor car
pursuant to a security interest registered in
favour of the Sheriff; and
20
25
(d) to amend the Sale of Land Act 1962 to
provide that a notice to terminate a contract
for the sale of land may be given to an estate
agent of the vendor; and
(e) to amend the Second-Hand Dealers and
Pawnbrokers Act 1989 to allow the
Registrar to waive, reduce or refund any
fees payable under that Act; and
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(f) to amend the Veterans Act 2005 to—
(i) broaden the purposes for which money
may be expended from a patriotic fund
to better enable that money to be used
35
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Part 1—Preliminary
for the benefit and support of returned
and ex-service personnel or their
dependents; and
(ii) provide that the Director must not
approve an amendment or adoption of a
trust deed unless the amendment or
adoption is consistent with the purposes
of a patriotic fund.
5
2 Commencement
10
15
(1) This Act (except sections 5 to 15 and Division 2
of Part 3) comes into operation on the day after
the day on which it receives the Royal Assent.
(2) Subject to subsection (3), sections 5 to 15 and
Division 2 of Part 3 of this Act come into
operation on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 November 2017,
it comes into operation on that day.
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Part 2—Amendment of the Associations Incorporation Reform Act 2012
Part 2—Amendment of the Associations
Incorporation Reform Act 2012
3 Exemption from requirements under section 102
5
10
After section 103(3) of the Associations
Incorporation Reform Act 2012 insert—
"(4) The Minister, by Order published in the
Government Gazette, may exempt an
incorporated association or a class of
incorporated association from one or more of
the requirements under section 102, either
generally or in relation to a specified year.
(5) An exemption under subsection (4) is subject
to any conditions specified by the Minister in
the Order.".
15
4 New section 103A inserted
After section 103 of the Associations
Incorporation Reform Act 2012 insert—
"103A Information sharing
The Registrar may enter into an arrangement
with a person or body for the purposes of
sharing or exchanging information in relation
to an exemption by the Minister of an
incorporated association or a class of
incorporated association in accordance
with section 103(4).".
20
25
5 Entry and search with consent
(1) For section 162(2)(c) of the Associations
Incorporation Reform Act 2012 substitute—
30
"(c) require any document on the premises to be
produced for examination and, if the
inspector believes on reasonable grounds that
the document is connected with the alleged
contravention—
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Part 2—Amendment of the Associations Incorporation Reform Act 2012
(i) examine, make copies or take extracts
from the document, or arrange for the
making of copies or the taking of
extracts; or
5
10
(ii) remove the document for so long as is
reasonably necessary to make copies or
take extracts from the document.".
(2) In section 162(3) of the Associations
Incorporation Reform Act 2012, after "image"
insert ", audio recording".
6 Notice before entry and search
After section 163(b)(iii) of the Associations
Incorporation Reform Act 2012 insert—
15
"(iiia) that the occupier may refuse to produce any
document required to be produced for
examination; and".
7 Acknowledgement of consent to entry and search
After section 164(2)(a)(iii) of the Associations
Incorporation Reform Act 2012 insert—
20
"(iiia) that the occupier may refuse to produce any
document required to be produced for
examination; and".
8 Entry without consent or warrant
25
In section 166(2)(f) of the Associations
Incorporation Reform Act 2012, after "image"
insert ", audio recording".
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Part 2—Amendment of the Associations Incorporation Reform Act 2012
9 Section 168 substituted
For section 168 of the Associations
Incorporation Reform Act 2012 substitute—
"168 Search warrants
5
(1) An inspector may apply to a magistrate for
the issue of a search warrant in relation to
particular premises if the inspector believes
on reasonable grounds that—
(a) there is, or may be within the next
72 hours, on the premises evidence that
a person may have contravened this Act
or the regulations; or
10
(b) there is evidence in digital or electronic
format that a person may have
contravened this Act or the regulations
which is accessible from the premises.
15
(2) If a magistrate is satisfied by the evidence,
on oath or by affidavit, that there are
reasonable grounds to believe that—
20
(a) there is, or may be within the next
72 hours, on the premises a thing, or
thing of a particular kind, connected
with a contravention of this Act or the
regulations; or
25
(b) there is information in digital or
electronic format connected with a
contravention of this Act or the
regulations that is accessible from
the premises—
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the magistrate may issue the search warrant
in accordance with the Magistrates' Court
Act 1989.".
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Part 2—Amendment of the Associations Incorporation Reform Act 2012
10 Form and content of search warrants
(1) In section 169 of the Associations Incorporation
Reform Act 2012, for "168(3)" (wherever
occurring) substitute "168(2)".
5
10
15
(2) After section 169(1)(b) of the Associations
Incorporation Reform Act 2012 insert—
"(ba) make an image of the hard drive of a
computer, or a computer of a particular kind,
named or described in the warrant, if the
inspector believes on reasonable grounds that
information contained on the hard drive is
connected with the alleged contravention;
(bb) in the case of information in electronic or
digital format described in the warrant that is
accessible from the premises, if the inspector
believes on reasonable grounds that the
information is connected with the alleged
contravention—
(i) access the information via any
computer or other electronic device
located on the premises;
20
(ii) download or make an electronic copy
of that information;
(iii) make or produce a physical copy of that
information;".
25
(3) In section 169(1)(c) of the Associations
Incorporation Reform Act 2012, after "image"
insert ", audio recording".
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Part 2—Amendment of the Associations Incorporation Reform Act 2012
11 New section 169A inserted
After section 169 of the Associations
Incorporation Reform Act 2012 insert—
5
10
15
20
"169A Warrant may authorise the giving of a
direction requiring assistance from person
with knowledge of a computer or other
electronic device
(1) This section applies if a magistrate is
satisfied by evidence, on oath or by affidavit,
that there are reasonable grounds to believe
that there is information in digital or
electronic format connected with a
contravention of this Act or the regulations
that is accessible from particular premises.
(2) Subject to subsection (3), a warrant issued by
the magistrate under section 168(2) may
authorise the inspector named in the warrant
to require a person to provide any
information or assistance that is reasonable
and necessary to allow the inspector or
another person to do one or more of the
following things—
(a) access information held in, or
accessible from, any computer or other
electronic device located on the
premises;
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(b) download or make an electronic copy
of that information;
(c) make or produce a physical copy of that
information.
30
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Part 2—Amendment of the Associations Incorporation Reform Act 2012
(3) The inspector may require a person to
provide the information or assistance
referred to in subsection (2) if the person—
(a) is one of the following—
5
(i) the person alleged to have
contravened this Act or the
regulations;
(ii) the owner or lessee of the
computer or other electronic
device;
10
(iii) an employee of the owner or
lessee of the computer or
electronic device;
(iv) a person engaged under a contract
for services by the owner or lessee
of the computer or electronic
device; and
15
(b) has relevant knowledge of—
(i) the computer or electronic device
or a computer network of which
the computer or device forms or
formed part; or
20
(ii) measures applied to protect
information held in, or accessible
from, the computer or electronic
device.".
25
12 Announcement before entry
30
In section 170(1) of the Associations
Incorporation Reform Act 2012, for "168(3)"
substitute "168(2)".
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Part 2—Amendment of the Associations Incorporation Reform Act 2012
13 Seizure of things not mentioned in the warrant
In section 172 of the Associations Incorporation
Reform Act 2012, for "168(3)" substitute
"168(2)".
5
14 Protection against self-incrimination
After section 177(2) of the Associations
Incorporation Reform Act 2012 insert—
10
15
"(3) Despite subsection (1), it is not a reasonable
excuse for a natural person to refuse or fail to
provide information or assistance that a
person is required under section 169A to
provide, if the provision of the information
or assistance would tend to incriminate the
person.".
15 Inspection of register and obtaining copies of
documents
(1) In section 196(1)(b) of the Associations
Incorporation Reform Act 2012, for
"association." substitute "association; or".
20
25
30
(2) After section 196(1)(b) of the Associations
Incorporation Reform Act 2012 insert—
"(c) if a document listed in paragraph (b) is kept
in an electronic system—a physical copy of
information that is produced from the
electronic system that shows the relevant
data or electronic transaction relating to the
prescribed document or prescribed class of
documents.".
(3) In section 196(2)(b) of the Associations
Incorporation Reform Act 2012, for "(1)(b)."
substitute "(1)(b); or".
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Part 2—Amendment of the Associations Incorporation Reform Act 2012
(4) After section 196(2)(b) of the Associations
Incorporation Reform Act 2012 insert—
5
"(c) if a document listed in subsection (1)(b) is
kept in an electronic system—a physical
copy of information that is produced from
the electronic system that shows the relevant
data or electronic transaction relating to the
prescribed document or prescribed class of
documents.".
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Part 3—Amendment of other Acts
Part 3—Amendment of other Acts
Division 1—Conveyancers Act 2006
16 Requirement to assist inspector during entry
5
Section 172(2) of the Conveyancers Act 2006 is
repealed.
17 New section 172A inserted
After section 172 of the Conveyancers Act 2006
insert—
10
"172A Refusal or failure to comply with
requirement
A person must not, without reasonable
excuse, refuse or fail to comply with a
requirement of an inspector or the Director
under this Part.
15
Penalty: 60 penalty units.".
Division 2—Motor Car Traders Act 1986
18 Cancellation of security interest by motor car trader
After section 48(2) of the Motor Car Traders
Act 1986 insert—
20
"(3) Subsection (1) does not apply if a motor car
trader—
(a) has been engaged by the Sheriff to sell,
exchange, or otherwise dispose of a
motor car on behalf of the Sheriff; and
25
(b) sells, exchanges or otherwise disposes
of that motor car subject to a security
interest that is registered in favour of
the Sheriff on the Personal Property
Securities Register established under
Chapter 5 of the Personal Property
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Part 3—Amendment of other Acts
Securities Act 2009 of the
Commonwealth.".
Division 3—Sale of Land Act 1962
19 Definitions
5
In section 30(1) of the Sale of Land Act 1962
insert the following definition—
"estate agent has the same meaning as in the
Estate Agents Act 1980;".
10
20 Power of purchaser to terminate a contract for sale
of land
For section 31(3) of the Sale of Land Act 1962
substitute—
15
"(3) A notice under subsection (2) must, within
3 clear business days after the purchaser has
signed the contract—
(a) be given to one of the following
persons—
(i) the vendor;
(ii) an agent of the vendor;
20
(iii) an estate agent engaged or
appointed by the vendor to sell the
land; or
(b) be left at one of the following
addresses—
25
(i) the address for service of the
vendor specified in the contract;
(ii) the address of the vendor's agent;
(iii) the address of the estate agent
engaged or appointed by the
vendor to sell the land.".
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Part 3—Amendment of other Acts
21 New section 31A inserted
After section 31 of the Sale of Land Act 1962
insert—
"31A Validation of notice given to estate agent
5
10
15
(1) If, on or before the commencement of
section 20 of the Consumer Acts
Amendment Act 2016, a notice for the
termination of a contract for the sale of land
was given to an estate agent in accordance
with section 31(3) as amended by section 20
of the Consumer Acts Amendment
Act 2016, that notice was, and is always
taken to have been, validly given as if
section 31(3) as so amended had been in
operation when the notice was given.
(2) Subsection (1) does not affect the rights of
the parties in—
(a) the proceeding known as Tan v Russell
(No. 93 of 2016) in the Supreme Court
of Victoria; or
20
(b) any other proceeding commenced on or
before the commencement of section 20
of the Consumer Acts Amendment
Act 2016 which concerns the validity
of a notice given to an estate agent
under section 31(3) for the termination
of a contract for the sale of land.".
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Part 3—Amendment of other Acts
Division 4—Second-Hand Dealers and
Pawnbrokers Act 1989
22 New section 29A inserted
5
After section 29 of the Second-Hand Dealers
and Pawnbrokers Act 1989 insert—
"29A Registrar may waive fees
The Registrar may, in a particular case or
class of cases—
(a) waive or reduce fees that would
otherwise be payable under this Act; or
10
(b) refund, in whole or in part, fees paid
under this Act.".
Division 5—Veterans Act 2005
23 What is a patriotic fund?
15
In section 23(2) of the Veterans Act 2005—
(a) for paragraph (d) substitute—
"(d) for the relief, assistance or support of
officers and members (including
officers whose appointments have been
terminated and members who have
been discharged) of—
20
(i) those forces; or
(ii) any naval, military or air forces of
Her Majesty's allies; or
25
(iii) any force or service of men or
women (including nursing
services) auxiliary to any of the
forces referred to in subparagraphs
(i) and (ii) who are sick, wounded,
disabled, unemployed or in
necessitous circumstances;";
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Part 3—Amendment of other Acts
(b) in paragraph (e) omit "who have died as a
result of any service or duty".
24 Amendment to trust deed of patriotic fund
5
In section 33A(2) of the Veterans Act 2005, for
", and does not alter, the objects and purposes of
the patriotic fund" substitute "the purposes of a
patriotic fund set out in section 23".
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Part 4—Repeal of amending Act
Part 4—Repeal of amending Act
25 Repeal of amending Act
This Act is repealed on 1 November 2018.
Note
5
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
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