Alert Digest No 10 of 2018, 24 July 2018

58th Parliament No. 10 of 2018 Tuesday, 24 July 2018 on the following Bills Environment Protecon Amendment Bill 2018 Firearms Amendment (Silencers) Bill 2018 Jusce Legislaon Miscellaneous Amendment Bill 2018 Jusce Legislaon (Police and Other Maers) Bill 2018 Prevenon of Family Violence Bill 2018 Racing Amendment (Integrity and Disciplinary Structures) Bill 2018 State Taxaon Acts Amendment Bill 2018 Toll Fine Enforcement Bill 2018 Victorian Industry Parcipaon Policy (Local Jobs First) Amendment Bill 2018 crutiny of Acts and Regulations Committee The Committee Ms Lizzie Blandthorn MLA Hon. Richard Dalla-Riva MLC Ms Melina Bath MLC Mr Josh Bull MLA Chairperson Deputy Chairperson Member for Eastern Region Member for Sunbury Member for Pascoe Vale Member for Eastern Metropolitan Mr Steve Dimopoulos MLA Ms Sonya Kilkenny MLA Mr John Pesuo MLA Member for Oakleigh Member for Carrum Member for Hawthorn Commiee Staff Parliament House, Spring Street Mr Nathan Bunt, Senior Legal Adviser Melbourne Victoria 3002 Ms Helen Mason, Legal Adviser - Regulaons Telephone: (03) 8682 2891 Mr Simon Dinsbergs, Business Support Officer Facsimilie: (03) 8682 2858 Ms Sonya Caruana, Office Manager Email: [email protected] Professor Jeremy Gans, Human Rights Adviser Web: www.parliament.vic.gov.au/sarc Ms Sarala Fitzgerald, Human Rights Adviser Terms of Reference - Scrutiny of Bills The funcons of the Scruny of Acts and Regulaons Commiee are – (a) to consider any Bill introduced into the Council or the Assembly and to report to the Parliament as to whether the Bill directly or indirectly – (i) trespasses unduly upon rights or freedoms; (ii) makes rights, freedoms or obligaons dependent upon insufficiently defined administrave powers; (iii) makes rights, freedoms or obligaons dependent upon non-reviewable administrave decisions; (iv) unduly requires or authorises acts or pracces that may have an adverse effect on personal privacy within the meaning of the Privacy and Data Protecon Act 2014; (v) unduly requires or authorises acts or pracces that may have an adverse effect on privacy of health informaon within the meaning of the Health Records Act 2001; (vi) inappropriately delegates legislave power; (vii) insufficiently subjects the exercise of legislave power to parliamentary scruny; (viii) is incompable with the human rights set out in the Charter of Human Rights and Responsibilies; (b) to consider any Bill introduced into the Council or the Assembly and to report to the Parliament – (i) as to whether the Bill directly or indirectly repeals, alters or varies secon 85 of the Constuon Act 1975, or raises an issue as to the jurisdicon of the Supreme Court; (ii) if a Bill repeals, alters or varies secon 85 of the Constuon Act 1975, whether this is in all the circumstances appropriate and desirable; (iii) if a Bill does not repeal, alter or vary secon 85 of the Constuon Act 1975, but an issue is raised as to the jurisdicon of the Supreme Court, as to the full implicaons of that issue; Parliamentary Commiees Act 2003, secon 17 Table of Contents Page Nos. Alert Digest No. 10 of 2018 Environment Protection Amendment Bill 2018 1 Firearms Amendment (Silencers) Bill 2018 11 Justice Legislation Miscellaneous Amendment Bill 2018 13 Justice Legislation (Police and Other Matters) Bill 2018 21 Prevention of Family Violence Bill 2018 29 Racing Amendment (Integrity and Disciplinary Structures) Bill 2018 31 Toll Fine Enforcement Bill 2018 35 Victorian Industry Participation Policy (Local Jobs First) Amendment Bill 2018 36 Appendices 1 – Ministerial responses to Committee correspondence 39 State Taxation Acts Amendment Bill 2018 2 – Index of Bills in 2018 43 3 – Committee Comments classified by Terms of Reference 45 4 –Current Ministerial Correspondence 47 5 – Statutory Rules and Legislative Instruments considered 49 6 – Submission on the Justice Legislation Miscellaneous Amendment Bill 2018 51 Parliament of Victoria, Australia Scrutiny of Acts and Regulations Committee Reports to Parliament Alert Digests 2018 ISBN 978‐1‐925345‐57‐5 ISSN 1440‐2939 Ordered to be Published By Authority. Government Printer for the State of Victoria. Parliamentary Paper No. 408, Session 2014‐2018 i Useful information Role of the Committee The Scrutiny of Acts and Regulations Committee is an all‐party Joint House Committee, which examines all Bills and subordinate legislation (regulations) introduced or tabled in the Parliament. The Committee does not make any comments on the policy merits of the legislation. The Committee’s terms of reference contain principles of scrutiny that enable it to operate in the best traditions of non‐partisan legislative scrutiny. These traditions have been developed since the first Australian scrutiny of Bills committee of the Australian Senate commenced scrutiny of Bills in 1982. They are precedents and traditions followed by all Australian scrutiny committees. Non‐policy scrutiny within its terms of reference allows the Committee to alert the Parliament to the use of certain legislative practices and allows the Parliament to consider whether these practices are necessary, appropriate or desirable in all the circumstances. The Charter of Human Rights and Responsibilities Act 2006 provides that the Committee must consider any Bill introduced into Parliament and report to the Parliament whether the Bill is incompatible with human rights. Interpretive use of Parliamentary Committee reports Section 35 (b)(iv) of the Interpretation of Legislation Act 1984 provides – In the interpretation of a provision of an Act or subordinate instrument consideration may be given to any matter or document that is relevant including, but not limited to, reports of Parliamentary Committees. When may human rights be limited Section 7 of the Charter provides – Human rights – what they are and when they may be limited – (2) A human right may be subject under law only to such reasonable limits as can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom, and taking into account all relevant factors including— (a) the nature of the right; and (b) the importance of the purpose of the limitation; and (c) the nature and extent of the limitation; and (d) the relationship between the limitation and its purpose; and (e) any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve Glossary and Symbols ‘Assembly’ refers to the Legislative Assembly of the Victorian Parliament ‘Charter’ refers to the Victorian Charter of Human Rights and Responsibilities Act 2006 ‘Council’ refers to the Legislative Council of the Victorian Parliament ‘DPP’ refers to the Director of Public Prosecutions for the State of Victoria ‘human rights’ refers to the rights set out in Part 2 of the Charter ‘IBAC’ refers to the Independent Broad‐based Anti‐corruption Commission ‘penalty units’ refers to the penalty unit fixed from time to time in accordance with the Monetary Units Act 2004 and published in the government gazette (as at 1 July 2016 one penalty unit equals $155.46) ‘Statement of Compatibility’ refers to a statement made by a member introducing a Bill in either the Council or the Assembly as to whether the provisions in a Bill are compatible with Charter rights ‘VCAT’ refers to the Victorian Civil and Administrative Tribunal [ ] denotes clause numbers in a Bill ii Alert Digest No. 10 of 2018 Environment Protection Amendment Bill 2018 Bill Information Minister Hon Lily D'Ambrosio MP Introduction Date 19 June 2018 Portfolio Energy, Environment and Climate Second Reading Date 20 June 2018 Change Bill Summary The Bill, which represents the second tranche of reforms arising from the Government’s response to the Independent Inquiry into the Environment Protection Authority (EPA), would reform Victoria’s legislative framework for environment protection. The Bill would: repeal the Environment Protection Act 1970 introduce a new prevention‐focussed regulatory scheme based on a ‘general environmental duty’ reform the framework for the granting of permissions by the EPA to engage in certain activities increase the maximum penalties available to the EPA for certain breaches of the law introduce a civil penalty scheme that would allow the EPA to take enforcement action for moderately serious breaches and empower the courts to impose monetary benefits orders reform waste management regulation by improving the ability of the EPA to apply targeted regulatory controls to priority and industrial wastes introduce a new duty to manage contaminated land, which would clarify the obligation of the person in control and management of a contaminated site to ensure that it is safe for its current or planned future use and to prevent harm to neighbours reform the environmental audit process by introducing a Preliminary Risk Screen assessment requirement introduce access to information reforms and new third party rights to seek civil remedies for breaches of the environment protection law. Type of Bill Government Bill Private Members Bill CONTENT ISSUES NONE Inappropriately delegates legislative power Other: Trespasses unduly on Rights or Freedoms 1 Scrutiny of Acts and Regulations Committee Details Delegation of legislative power – Delayed commencement — Whether justified Clause 2 provides that the Bill would come into operation on a day or days to be proclaimed. However, the Bill also provides: a forced commencement day for Part 3 of 1 July 2019, which is more than 12 months from the date of the Bill’s introduction (Part 3 provides for amendments to the Mineral Resources (Sustainable Development) Act 1990) that section 19 would come into operation on Royal Assent a forced commencement date for the remainder of the Act of 1 December 2020, which is more than 12 months from the date of the Bill’s introduction. The Explanatory Memorandum states in relation to the forced commencement date of 1 December 2020: The forced commencement date is intended to ensure that the Authority, and members of the community, businesses, industry and others who will be required to comply with the measures contained in the Bill, have adequate time to prepare for the commencement of the significant reforms in the Bill.

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