Short Title	Number and Year	Assent	Commencement
Port Authorities Act 1999	22 of 1999	29 Jun 1999	Act, other than Sch. 1 Item 2, 14 Aug 1999 (see s. 2 and Gazette 13 Aug 1999 p. 3823); Sch. 1 Item 2: 1 Jan 2000 (see s. 2 and Gazette 24 Dec 1999 p. 6871)
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 58	43 of 2000	2 Nov 2000	17 Feb 2001 (see s. 2(1) and Gazette 16 Feb 2001 p. 903)
Corporations (Consequential Amendments) Act 2001 Pt. 45	10 of 2001	28 Jun 2001	15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)
Labour Relations Reform Act 2002 s. 23	20 of 2002	8 Jul 2002	15 Sep 2002 (see s. 2(1) and Gazette 6 Sep 2002 p. 4487)
Port Authorities (Act Amendment) Regulations 2003 (see Gazette 4 Mar 2003 p. 711-22)	4 Mar 2003
Corporations (Consequential Amendments) Act (No. 3) 2003 Pt. 11 2	21 of 2003	23 Apr 2003	11 Mar 2002 (see s. 2 and Cwlth Gazette 24 Oct 2001 (No. GN42)
Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 12 (see Gazette 15 Aug 2003 p. 3685-92)	15 Sep 2003 (see r. 2)
Ports and Marine Legislation Amendment Act 2003 Pt. 2 3	71 of 2003	15 Dec 2003	s. 4, 8 & 9: 15 Dec 2003 (see s. 2(1)); s. 5 & 6: 14 Aug 1999 (see s. 2(2); s. 7: 14 Feb 2004 (see s. 2(3) and Gazette 13 Feb 2004 p. 537)
Statutes (Repeals and Minor Amendments) Act 2003 s. 93	74 of 2003	15 Dec 2003	15 Dec 2003 (see s. 2)

NB. Section 3 and Part 3 of the Port Authorities (Consequential Provisions) Act 1999 (Act No. 5 of 1999) have interpretation and transitional provisions that affect this Act. They read as follows:

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3. Interpretation

(1) In this Act ¾

}continuing port authority~ means an existing port authority that continues in existence as a port authority established under the PA Act;
}existing Act~ means the ¾
(a) Albany Port Authority Act 1926;
(b) Bunbury Port Authority Act 1909;
(c) Dampier Port Authority Act 1985;
(d) Esperance Port Authority Act 1968;
(e) Fremantle Port Authority Act 1902;
(f) Geraldton Port Authority Act 1968; or
(g) Port Hedland Port Authority Act 1970;
}existing port authority~ means a port authority constituted or established under an existing Act;
}first financial year~, in relation to a port authority, means the first financial year of that port authority to start after the commencement of the item relating to that port authority;
}item~ has the meaning given by subsection (2);
}PA Act~ means the Port Authorities Act 1999.

(2) A reference in this Act to an item is a reference to an item in Schedule 1 to the PA Act.
Part 3 ¾ Transitional and saving provisions
12. Application of Interpretation Act 1984

(1) The provisions of the Interpretation Act 1984 about the repeal of written laws and the substitution of other written laws for those so repealed (for example, sections 16(1), 36 and 38) apply to the repeal of an existing Act relating to a port authority and the amendment of the Ports (Functions) Act 1993 in relation to that existing Act and that port authority as if the PA Act ¾

(a) repealed that existing Act; and
(b) repealed the Ports (Functions) Act 1993 insofar as it applied to that port authority,
when the item relating to that port authority comes into operation.

(2) The other provisions of this Part are additional to the provisions applied by subsection (1).

13. Existing port authorities continue

(1) If, immediately before the commencement of an item, there was an existing port authority with the name set out in that item, the port authority named in that item is a continuation of, and the same legal entity as, the existing port authority and the rights and obligations of the existing port authority are not affected.

(2) If in a written law or other document or instrument there is ¾

(a) a reference to an existing port authority constituted or established under an existing Act; or
(b) a reference that is to be read and construed as a reference to an existing port authority,
that reference may, where the context so requires, be read as if it had been amended to be a reference to the port authority as established under the PA Act.

14. Membership

(1) The persons who were members or commissioners of a continuing port authority (including the chairman) immediately before the commencement of the item relating to that port authority continue in office, under and subject to the PA Act, as the chairperson and directors of that port authority.

(2) Subsection (1) does not apply to a person holding office under section 8(1)(d) of the Dampier Port Authority Act 1985.

(3) A person to whom subsection (1) applies is to be regarded as having been appointed under section 7 of the PA Act.

15. Staff

(1) A person who was the general manager of a continuing port authority immediately before the commencement of the item relating to that port authority continues in office, under and subject to the PA Act, as the chief executive officer of that port authority.

(2) Other people who were in the employment of a continuing port authority immediately before the commencement of the item relating to that port authority continue, under and subject to the PA Act, as members of staff of that port authority.

(3) Except as otherwise agreed by a chief executive officer or member of staff, the remuneration, existing or accrued rights, rights under a superannuation scheme or continuity of service of a chief executive officer or member of staff of a continuing port authority are not affected, prejudiced or interrupted by ¾

(a) the operation of subsection (1) or (2); or
(b) that port authority ceasing to be an SES organization under the Public Sector Management Act 1994.
(4) A person mentioned in subsection (1) or (2) is to be regarded as an employee of an organization for the purposes of Part 6 of the Public Sector Management Act 1994.

(5) Subsection (4) ceases to apply in relation to a continuing port authority at the expiration of 2 years after the item relating to that port authority commences.

(6) A person mentioned in subsection (2) is to be regarded as having been engaged under section 16 of the PA Act.

16. Port descriptions

(1) Until an order is made under section 24(1) of the PA Act in relation to a port referred to in item 1, 3, 4, 5, 6, 7 or 8 the description of that port for the purposes of the PA Act is the description that had effect under the relevant existing Act immediately before the commencement of that item.

(2) Until an order is made under section 24(1) of the PA Act in relation to the Port of Broome the description of that port for the purposes of the PA Act is as follows ¾


Port of Broome
(a) all that portion of water and seabed bounded by lines starting from the high water mark of Roebuck Bay at the southern extremity of Fall Point and extending south to an east-west line situate 3 nautical miles south from the southern extremity of Entrance Point; then west to a north-south line situate 3 nautical miles west from the southern extremity of Entrance Point; then north to a point situate west of the summit of Station Hill; then east to the high water mark of the Indian Ocean and then generally southwesterly and generally southeasterly along that mark and generally northeasterly, generally northwesterly, again generally northeasterly and generally easterly along the high water mark of Roebuck Bay to the starting point and including all of the waters of Dampier Creek; and
(b) all that portion of land comprised within Broome Lots 616, 698, 848 and 956 as shown bordered in red on Lands and Surveys Reserve Plan 108.
Lands and Surveys Public Plans: Broome Regional 1:10 000 Sheet 1, Sheet 2, Sheet 3; Roebuck Plains 1:250 000; La Grange 1:250 000.

(3) A description that has effect under subsection (1) or (2) may be amended under section 24(2) of the PA Act.

17. Strategic development plans

The first strategic development plan for a port authority under Part 5, Division 1 of the PA Act is to be for a period starting when the first financial year starts.

18. Statement of corporate intent

The first statement of corporate intent for a port authority under Part 5, Division 2 of the PA Act is to be for the first financial year.

19. Borrowing limits

The first monetary limits under section 86 of the PA Act are to be determined in relation to the first financial year.

20. Regulations

(1) Regulations made by a continuing port authority that were in force immediately before the commencement of the item relating to that port authority continue in force after that commencement as if they were regulations made by the Governor under section 139 of the PA Act in relation to the port of that port authority.

(2) Subsection (1) does not continue the operation of any regulation that could not be made under section 139 of the PA Act.

² The Corporations (Consequential Amendments) Act (No. 3) 2003 s. 2-4 read as follows:

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2. Commencement

(1) If this Act receives the Royal Assent before the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act comes into operation at the same time as that Schedule comes into operation.

(2) If this Act receives the Royal Assent on or after the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act is deemed to have come into operation at the same time as that Schedule comes into operation.

3. Interpretation

In this Part ¾

}Financial Services Reform Act~ means the Financial Services Reform Act 2001 of the Commonwealth;
}FSR commencement time~ means the time when Schedule 1 to the Financial Services Reform Act comes into operation;
}statutory rule~ means a regulation, rule or by-law.

4. Validation

(1) This section applies if this Act comes into operation under section 2(2).

(2) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent that could have been done if this Act had received the Royal Assent before the FSR commencement time is taken to be as valid and lawful, and to always have been as valid and lawful, as it would have been if this Act had received the Royal Assent before the FSR commencement time.

(3) Anything done or omitted to have been done by a person after the FSR commencement time and before this Act received the Royal Assent that would have been valid and lawful if the Financial Services Reform Act had not commenced, is taken to be valid and lawful.

(4) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent ¾

(a) that could only have been validly and lawfully done or omitted because this Act received the Royal Assent after the FSR commencement time; and
(b) that could not have been validly and lawfully done or omitted if this Act had received the Royal Assent before the FSR commencement time,
is taken not to be valid, and to never have been valid.

³ The Ports and Marine Legislation Amendment Act 2003 s. 4(2) reads as follows:

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(2) The amendment made by subsection (1) does not affect the operation of the Port Authorities (Withdrawal and Revesting of Property) Order 2000 published in the Gazette on 2 June 2000.

Port Authorities Act 1999 - NOTES.pdf