Tuesday, 14 May 2024

Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Bill 2024

Council’s and Assembly’s amendments

The PRESIDENT (12:04): I have received a message from the Legislative Assembly:

The Legislative Assembly returns ‘A Bill for an Act to amend the Residential Tenancies Act 1997 in relation to funding dispute resolution and advocacy services, to amend the Estate Agents Act 1980 in relation to funding dispute resolution and advocacy services and to abolish the Estate Agents Council, to amend the Business Licensing Authority Act 1998 to facilitate closure of the Sex Work Regulation Fund, to amend the Public Records Act 1973 and for other purposes’ and informs the Legislative Council that the Assembly has:

(1) agreed to the amendments; and

(2) made a further amendment with which agreement is requested.

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:05): I move:

That the message be taken into consideration forthwith.

Motion agreed to.

The PRESIDENT: The Assembly has returned the bill agreeing with the amendment made by the Council but has made a further amendment to which it requests agreement. Before I call the minister in a moment to move that the Assembly’s amendment be agreed to, I just remind people the debate will be limited to the actual amendment to the bill and not be opened up to a whole second-reading debate, which we acquitted in the previous sitting week.

Amendment as follows:

1. Clause 19, omit this clause.

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:06): I move:

That the further amendment made by the Assembly be agreed to.

As has transpired, an error has been identified. It is regretful, but I appreciate the chamber’s indulgence in enabling that to be fixed as easily as possible.

David DAVIS (Southern Metropolitan) (12:06): I too support the further amendment – that is, the omission of clause 19 from the bill. That clause would remove part of the establishing machinery of the Public Records Advisory Council in the 1973 bill, and the removal of that clause stops the removal of those key points with respect to the Public Records Advisory Council. The Public Records Advisory Council has a very important role in protecting public records in this state. It is chaired, I might add, by a former Labor MP, who does a very good job. The current council is a very strong council. It sets direction for the protection of documents statewide, and I think this is a very important additional amendment.

Jaclyn Symes: It doesn’t work without it.

David DAVIS: It does not work well without it, I agree. I think the parliamentary counsel are very aware of this point, and we are conscious of the great work that they do and the complexity of some of the bills that are involved here. The fact that the Assembly has made the additional amendment is something that the Council agrees with.

Katherine COPSEY (Southern Metropolitan) (12:08): The Greens will also be supporting the further amendment that has been returned from the Assembly. We thank the Assembly for the speedy resolution and just acknowledge that this is consistent with the position that was put during the second-reading debate on the effective retention of the Public Records Advisory Council.

Motion agreed to.

The PRESIDENT: A message will be sent to the Assembly informing them accordingly.