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24 NOVEMBER, 1977.] Notices Bill

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24 NOVEMBER, 1977.] Notices Bill 12098 Solicitors' Trust Accounts. [COUNCIL.] Land Tax Bill (No. 2). Mr. SCANIAN (Minister of Special Education): The answer is- Iltgtlliattut <trnuurtl. Areas of the State receiving services : Thursday, November 24, 1977. All areas on a regional basis as follows- (a) Metropolitan- Administration (2 teachers) (9 teachers) Frankston reigon (10'5 teachers) Knox region The PRESIDENT (the Hon. W. G. (9 teachers) Preston region Fry) took the chair at 10.32 a.m. and (5 teachers) Sunshine region read the prayer. ( 4· 5 teachers) Prahran region Country- (3 teachers) Ballarat region (2'6 teachers) Benalla region LAND TAX BILL (No. 2). (3 teachers) Geelongregion 2 teachers) Gip~sland region This Bill was received from the 1 teacller) Bendlgo region Assembly and, on the motion of the 1 teacher) Horsham region Hon. V. O. DICKIE (Chief Secretary), !1 teacher) Hamilton region was read a first time. (b) 712 (503 metropolitan; 209 country). (c) No increase is anticipated in 1978. The service is operating satisfactorily. CHANGE OF OWNERSHIP NOTICES BILL. SOLICITORS' TRUST ACCOUNTS. This Bill was returned from the (Question No. 3169) Assembly with a message relating to Mr. GUDE (Geelong East) asked amendments. the Minister of Labour and Industry, Assembly's amendments- for the Attorney-General- 1. Whether the Minister is aware of the Clause 3, lines 3 and 4, omit sub-para­ Law Institute of Victoria's advice to its graph (i) and insert the following sub­ members not to accept investments unless paragraphs :- a borrower can be found with first mort­ (i) for the words cc Any person who sells gage security; if so, whether this action has conveys or transfers" there shall be sub­ effectively reduced the flow of investment stituted the words "Every person who dis­ money through solicitors, trust accounts? poses of"; 2. Whether steps will be taken to amend the Legal Profession Practice Act 1958 to (ii) for the expression cc two months after secure private investors funds but at the the date of the execution of the contract of sale or (where there is no con tract of same time enable solicitors to cc pool" in­ vestments in a similar manner to that which sale) of the conveyance or transfer " there has existed in past years? shall be substituted the words "one month after the disposal of the land "; and Mr. MACLELLAN (Minister of (iii) for the words "sale conveyance or Labour and Industry): The answer transfer" there shall be substituted the word supplied by the Attorney-General is- " disposal "; 1. My inquiries show that the Law Insti­ Clause 4, lines 3-5, omit paragraph (a) tute of Victoria has not given such advice and insert the follo\Uing paragraph:- to its members. However, the executive director of the institute has confirmed that ( a) In sub-section (1) of section 248A­ it has always been the Law Institute's policy that the best possihle security should be (i) for the words " Any person who sells conveys or transfers" there shall obtained by its members for clients seeking be substituted the words "Every to lend, and in this re~ard suitable first mortgage security has always been accept­ person who disposes of"; able. There is no evidence to suggest that (ii) for the expression" two months after there has been any significant reduction in the date of the execution of the the flow of investment money through the contract of sale or (where there is solicitors' trust accounts. no contract of sale) of the convey­ 2. The question of appropriate measures ance or transfer" there s:hall be to control the investment of moneys by substituted the words "one month solicitors on behalf of their clients is under after the disposal of the land "; and consideration, but at this stage I am un­ (Hi) for the words "sale conveyance or able to indicate the form those measures transfer" there shall be substituted are likely to take. the word "disposal". Change of Ownership [24 NOVEMBER, 1977.] Notices Bill. 12099 Clause 5, lines 2-4, omit paragraph (a) The provision will now be that, and insert the following paragraph:- once the deal is consummated, the ( a) In sub-section (1) of section 373- notice must be given within a month. This change arises from discussion (i) for the words " Any person who sells conveys or transfers" there shall in this House and I thank honorable be substituted the words "Every members. person who disposes of"; (ii) for the expression "two months after The Hon. I. B. TRAYLING (Mel­ the date of the execution of the bourne Province): The Opposition is contract of sale or (where there in agreement with the proposed is no contract of sale) of the con­ amendments. As the Minister indi­ veyance or transfer" there shall be substituted the words "one month cated, they were brought about by after the disposal of the land "; and discussion in the Legislative Council of problems which my colleagues, (iii) for the words .. sale conveyance or transfer" there shall be substituted Mr. Elliot and Mr. Wright, pointed the word "disposal". out. We thank the Minister for tak­ ing up the points raised and being The Hon. A. J. HUNT (Minister good enough to have them dealt for Local Government) : I move- with in a manner that resulted in the amendment of the Bill in another That the amendments be agreed to. place. This is in accord with the mat­ ters of concern which the Minister The amendments made to the Bill has had remedied to our satisfac­ by the Legislative Assembly follow tion. The Opposition agrees to the useful discussion in this House and amendments. undertakings which I gave that the matter would be fully examined and The Hon. K. I. WRIGHT (North considered before the debate in the Western Province): I too wish to Legislative Assembly proceeded. thank the Minister for his considera­ tion of the matter concerning sec­ It will be recalled that several tion 879 of the principal Act that I members thought that a period of one raised the other night. This is not month after the date of contract apparent unless the Act is examined was insufficient to give notice of separately. change of ownership because con­ I wish to thank the House for its tracts often provided for possession support and also Mr. Elliot and Mr. at a later date or were contingent Bradbury for the valid supporting upon many other factors. The whole points raised, particularly with re­ notion has, therefore, been changed gard to the hotel industry and how to require notice to be given one this Bill, if left the way it originally month after acquisition of the pro­ was, would affect all people with perty. Acquisition has been defined regard to change of ownership. as the date on which the purchaser The Hon. D. M. EV ANS (North becomes entitled to possession of Eastern Province): I agree with the the property or to receipt of the changes to the Bill. I draw attention registered profits. to two points: Firstly, the excellent submission made by Mr. Bradbury I should like to thank the mem­ and the sensible suggestion he made; bers of the Legislative Council for and, secondly, that this indicates the their consideration of the Bill in the value which can be achieved by earlier debate. I believe this change listening to the advice and experi­ in concept is much more sensible as ence of members of all parties. I it will mean that in future notices wish to place on record the contri­ will not be likely to be given in re­ bution made by my colleague, Mr. spect of contracts that might ulti­ Bradbury. mately ~all through. The motion was agreed to." 12100 Local Government (Promotion [COUNCIL.] of Decentralization) Bill. LOCAL GOVERNMENT (PROMO­ The Hon. J. M. WALTON (Mel­ TION OF DECENTRALIZATION) bourne North Province): The amend­ BILL ments seem to be in order and the Opposition has no objection to them. This Bill was returned from the Assembly with a message relating to The Hon. K. I. WRIGHT (North amendments. Western Province): The National Party has no objection to these Assembly's amendments- amendments. 1. Clause 4, page 3, insert the following The motion was agreed to. sub-clause to follow sub-clause (3)- '( ) In section 811B (3) of the prin­ cipal Act the words "pursuant to an LITTER BILL. arrangement made under the preceding section" are repealed.'. This Bill was returned from the 2. Clause 4, page 3, insert the following Assembly with a message relating to sub-clause to follow sub-clause (6)- amendments. '( ) In section 811B (7) of the prin­ cipal Act after the word "loan" there Assembly's amendments- shall be inserted the words "other than 1. Clause 2, page 2, line 25, omit "and". a loan secured on the general rate of a municipality" .' 2. Clause 2, page 2, line 25, insert the following paragraph to follow paragraph The Hon. A. J. HUNT (Minister (b)- for Local Government): I move- '( ) At the end of section 3B (2) there shall be inserted the following ex- That the amendments be agreed to. pression- There are two amendments adding " and additional sub-clauses to the Bill. (c) in relation to a public place vested in or owned or controlled by or under The first of these new sub-clauses the management of the Melbourne and will increase the flexibility of local Metropolitan Board of Works-an of­ government in providing for decen­ ficer of the board appointed in writing tralized industry by removing the by the secretary of the board either generally or in a particular case for the existing words" pursuant to an ar­ purposes of this section." , rangement made in the preceding section" which appear in section 81lB The Hon.
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