Version incorporating amendments as at
1 July 2015
table of provisions
Section Page
1 Short title 1
2 Definitions 1
3 Incorporation of the Council of Law Reporting in Victoria 3
4 Vesting of property in Council 3
5 Constitution of Council 4
6 Members appointed for five years 6
7 Vacation of office 6
8 Chairman and conduct of meetings 6
9 Appointment of officers 7
10 Functions of Council 7
11 Payment of expenses of members 8
12 Investment of funds 8
13 Expenditure on ancillary functions 9
Endnotes 10
1 General information 10
2 Table of Amendments 11
3 Amendments Not in Operation 12
4 Explanatory details 13
Version No.026
Council of Law Reporting in Victoria Act 1967
No. 7569 of 1967
Version incorporating amendments as at
1 July 2015
An Act to provide for the Incorporation of the Council of Law Reporting in Victoria.
Preamble
WHEREAS the Council of Law Reporting in Victoria is an unincorporated association formed to promote the publication of reports of cases decided in the Supreme Court and other courts and to publish or arrange for the publication of the Victorian Reports:
AND WHEREAS it is desirable that the Council should be incorporated:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title
This Act may be cited as the Council of Law Reporting in Victoria Act 1967.
2 Definitions
In this Act unless the context otherwise requires—
S. 2 def. of Chairman inserted by No. 9778 s. 2(1).
Chairman means Chairman of the Council and includes a person acting as Chairman;
Section 1 - Council of Law Reporting in Victoria Act 1967 - Council of Law Reporting in Victoria Act 1967 | Zoe
Chief Justice means the Chief Justice of the Supreme Court;
Council means the Council of Law Reporting in Victoria incorporated by this Act;
existing Council means the Council of Law Reporting in Victoria as existing immediately before the commencement of this Act;
S. 2 def. of Law Institute repealed by No. 35/1996
s. 453(Sch. 1 item 14.1(a)).
member means member of the Council;
S. 2 def. of RPA inserted by No. 35/1996
s. 453(Sch. 1 item 14.1(b)), substituted as professional association by No. 18/2005 s. 18(Sch. 1 item 23.1), substituted by No. 17/2014 s. 160(Sch. 2 item 24).
professional association means a local professional association within the meaning of the Legal Profession Uniform Law Application Act 2014;
S. 2 def. of Victorian Bar Council repealed by No. 35/1996
s. 453(Sch. 1 item 14.1(a)).
3 Incorporation of the Council of Law Reporting in Victoria
The Council shall be a body corporate by the name of "The Council of Law Reporting in Victoria" having perpetual succession and a common seal and capable of holding and disposing of property of suing and being sued and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.
4 Vesting of property in Council
(1) On the commencement of this Act all property vested in any person or persons in the name or on behalf of the existing Council shall be deemed to be transferred to and vested in the Council without the necessity of any assignment transfer or other assurance but subject to all liabilities charges obligations or trusts affecting that property and all contracts debts liabilities and obligations of the members of the existing Council or any of them in their capacity as such members shall become contracts debts liabilities and obligations of the Council.
(2) All members and former members of the existing Council are hereby declared to be released and discharged from all liability and responsibility whatsoever in respect of any property contract debt liability or obligation hereby transferred to or imposed on the Council.
(3) No stamp duty under the Stamps Act 1958 shall be payable in respect of the transfer to the Council of any property in accordance with this section.
5 Constitution of Council
(1) The Council shall consist of—
(a) a judge of the Supreme Court who shall be appointed by the Chief Justice as chairman of the Council;
(b) the Attorney-General; the Solicitor-General and the Librarian of the Supreme Court who shall be members ex officio;
S. 5(1)(c) substituted by No. 35/1996
s. 453(Sch. 1 item 14.2(a)), amended by No. 18/2005 s. 18(Sch. 1 item 23.2), substituted by No. 79/2006 s. 16.
(c) two members appointed by the professional association known as Law Institute of Victoria Limited ACN 075 475 731;
S. 5(1)(d) repealed by No. 35/1996
s. 453(Sch. 1 item 14.2(b)), new s. 5(1)(d) inserted by No. 79/2006 s. 16, amended by No. 20/2012 s. 226(Sch. 5 item 8).
(d) two members appointed by the professional association known as Victorian Bar Inc, an association incorporated under the Associations Incorporation Reform Act 2012.
S. 5(1A) inserted by No. 9778 s. 2(2).
(1A) Where—
(a) there is a vacancy in the office of Chairman; or
(b) the Chairman is or is about to be absent or for any reason unable to perform the functions of his office—
the Chief Justice may appoint a judge of the Supreme Court or a member of the Council to act as the Chairman until the filling of the vacancy or during the absence or inability.
S. 5(2) substituted by Nos 35/1996
s. 453(Sch. 1 item 14.3), 79/2006 s. 17.
(2) Despite the change in membership composition made by section 16 of the Justice Legislation (Further Amendment) Act 2006—
(a) the Council continues to be the same body after as before that change and that change does not affect any act, matter or thing; and
(b) a member appointed by Law Institute of Victoria Limited ACN 075 475 731 and holding office under subsection (1)(c) (as in force immediately before the commencement of that section of that Act) continues in office, subject to this Act, as an appointee of that body until the expiry of his or her current term of office or the appointment of his or her successor, whichever is the later; and
(c) a member appointed by the Victorian Bar Council under subsection (1)(d) (as in force immediately before the commencement of section 453 of the Legal Practice Act 1996) and continuing to hold office as a member by force of section 6(2) immediately before the commencement of section 16 of the Justice Legislation (Further Amendment) Act 2006 continues in office, subject to this Act, as if he or she were an appointee of Victorian Bar Inc under subsection (1)(d) until the expiry of his or her current term of office or the appointment of his or her successor, whichever is the later.
(3) The Attorney-General and Solicitor-General may respectively nominate persons to represent them at any meeting of the Council and a person while so representing either of them shall be deemed to be a member of the Council.
(4) The powers of the Council or the validity of its acts shall not be affected by any vacancy in the membership thereof or by any defect or irregularity in the appointment or qualification of any member.
6 Members appointed for five years
(1) A member other than an ex officio member shall be appointed for a term not exceeding five years and shall on the expiration of that term be eligible for re-appointment.
(2) Notwithstanding anything in the foregoing provisions of this section every member of the Council shall, unless he sooner vacates his office in accordance with the next succeeding section continue in office notwithstanding that the term for which he was appointed may have expired until his successor is appointed.
S. 7
amended by No. 35/1996
s. 453(Sch. 1 item 14.4).
7 Vacation of office
The office of an appointed member shall become vacant if the member—
(a) dies;
(b) resigns his office by writing under his hand addressed to the Chairman of the Council; or
S. 7(c) amended by No. 18/2005 s. 18(Sch. 1 item 23.3).
(c) is removed from office by the Chief Justice or professional association by whom or which he was appointed.
8 Chairman and conduct of meetings
(1) The Chairman shall preside at all meetings at which he is present.
(2) In the absence of the Chairman from any meeting of the Council the members present shall elect one of their number to be the Chairman for the purposes of that meeting.
(3) At any meeting of the Council three members shall form a quorum.
(4) Every question before the Council shall be decided by a majority of the votes of the members present at a meeting of the Council and the Chairman shall have a deliberative vote and in the case of an equality of votes shall also have a casting vote.
(5) Subject to this section the Council shall govern its own procedure.
9 Appointment of officers
The Council may from time to time for such period and on such other terms and conditions as it thinks fit appoint a Secretary a registrar and such officers and employés as it deems necessary for the efficient discharge of its functions under this Act.
10 Functions of Council
(1) The Council may prepare publish and sell or arrange for the preparation publication and sale of reports of judicial decisions of any court in Victoria.
(2) The Council may if it thinks fit—
(a) prepare publish and sell or arrange for the preparation publication and sale of any other legal works and may on such terms as it thinks fit buy and sell copies of law reports or other legal publications; and
(b) on such terms as may be mutually agreed upon purchase the business of any person firm or company engaged in the preparation publication or sale in Victoria of any series of law reports (to the extent to which such business relates to the preparation publication or sale of such reports) and may as it thinks fit discontinue any such business or continue it wholly or in part.
S. 10(3) amended by No. 9778 s. 3(1)(2).
(3) It shall not be lawful after the commencement of this Act for any person firm or company other than the Council to commence the publication or to publish the whole or any part of any reports of judicial decisions of any court in Victoria (either separately or in conjunction with reports of any other judicial decisions) except with the consent of the Council unless the publication—
(a) is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical; or
(b) is for the purpose of, or is associated with, the reporting of news by means of broadcasting or in a cinematograph film.
S. 10(4) inserted by No. 9778 s. 3(3).
(4) In this section—
publish includes include in a computerized data bank;
publication includes inclusion in a computerized data bank.
11 Payment of expenses of members
The Council may out of its funds pay to any member the travelling and other expenses reasonably incurred by such member in attending any meeting of the Council or otherwise in connexion with the business of the Council.
12 Investment of funds
Any moneys belonging to the Council that are not immediately required for expenditure by the Council may be invested in any manner in which trustees are for the time being authorized to invest trust funds.
13 Expenditure on ancillary functions
Nothing in the foregoing provisions of this Act shall be construed to restrict the power of the Council to expend any moneys belonging to the Council for any purpose that in its opinion is ancillary to the principal functions of the Council as defined in section 10.
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.
The Council of Law Reporting in Victoria Act 1967 was assented to on 8 November 1967 and came into operation on 8 November 1967.
2 Table of Amendments
This publication incorporates amendments made to the Council of Law Reporting in Victoria Act 1967 by Acts and subordinate instruments.