Acts Amendment (Bankruptcy) Act 2009

Western Australia

CONTENTS

Part 1 — Preliminary

1. Short title 2

2. Commencement 2

Part 2 — Interpretation Act 1984 amended

3. Act amended 3

4. Section 5 amended 3

5. Section 13D inserted 3

13D. Meaning of “bankrupt” and related expression 3

Part 3 — Other Acts amended

6. Aboriginal Affairs Planning Authority Act 1972 amended5

7. Agricultural Produce Commission Act 1988 amended 5

8. Alcohol and Drug Authority Act 1974 amended 6

9. Animal Resources Authority Act 1981 amended 6

10. Anzac Day Act 1960 amended 6

11. Betting Control Act 1954 amended 7

12. Bills of Sale Act 1899 amended 8

13. Builders’ Registration Act 1939 amended 9

14. Cemeteries Act 1986 amended 10

15. Coal Industry Tribunal of Western Australia Act 1992 amended 10

16. Coal Miners’ Welfare Act 1947 amended 10

17. Commissioner for Children and Young People Act 2006 amended 11

18. Companies (Co‑operative) Act 1943 amended 11

19. Conservation and Land Management Act 1984 amended13

20. Constitution Acts Amendment Act 1899 amended 13

21. Construction Industry Portable Paid Long Service Leave Act 1985 amended 13

22. Control of Vehicles (Off‑road Areas) Act 1978 amended14

23. Corruption and Crime Commission Act 2003 amended 14

24. Country High School Hostels Authority Act 1960 amended 15

25. Credit (Administration) Act 1984 amended 15

26. The Criminal Code amended 16

27. Criminal Property Confiscation Act 2000 amended 16

28. Curtin University of Technology Act 1966 amended 16

29. Dental Act 1939 amended 18

30. Dental Prosthetists Act 1985 amended 18

31. Director of Public Prosecutions Act 1991 amended 18

32. East Perth Redevelopment Act 1991 amended 19

33. Edith Cowan University Act 1984 amended 19

34. Electoral Act 1907 amended 20

35. Environmental Protection Act 1986 amended 20

36. Equal Opportunity Act 1984 amended 21

37. Fisheries Adjustment Schemes Act 1987 amended 21

38. Guardianship and Administration Act 1990 amended 21

39. Hairdressers Registration Act 1946 amended 22

40. Health Services (Conciliation and Review) Act 1995 amended 23

41. Heritage of Western Australia Act 1990 amended 23

42. Hire‑Purchase Act 1959 amended 23

43. Hospitals and Health Services Act 1927 amended 24

44. Human Reproductive Technology Act 1991 amended 24

45. Industrial Relations Act 1979 amended 25

46. Inspector of Custodial Services Act 2003 amended 25

47. Insurance Commission of Western Australia Act 1986 amended 25

48. Land Administration Act 1997 amended 26

49. Land Valuers Licensing Act 1978 amended 26

50. Legal Aid Commission Act 1976 amended 27

51. Liquor Control Act 1988 amended 27

52. Litter Act 1979 amended 28

53. Local Government Grants Act 1978 amended 28

54. Lotteries Commission Act 1990 amended 29

55. Magistrates Court Act 2004 amended 29

56. Midland Redevelopment Act 1999 amended 29

57. Motor Vehicle Dealers Act 1973 amended 30

58. Murdoch University Act 1973 amended 30

59. National Environment Protection Council (Western Australia) Act 1996 amended 31

60. Occupational Safety and Health Act 1984 amended 31

61. Painters’ Registration Act 1961 amended 32

62. Parliamentary Commissioner Act 1971 amended 32

63. Partnership Act 1895 amended 32

64. Perth Market Act 1926 amended 32

65. Perth Theatre Trust Act 1979 amended 33

66. Petroleum Products Pricing Act 1983 amended 33

67. Poisons Act 1964 amended 34

68. Police Act 1892 amended 34

29. Forfeiture of office for financial difficulty 34

69. Professional Combat Sports Act 1987 amended 34

70. Professional Standards Act 1997 amended 35

71. Public Sector Management Act 1994 amended 35

72. Racing Penalties (Appeals) Act 1990 amended 36

73. Radiation Safety Act 1975 amended 36

74. Real Estate and Business Agents Act 1978 amended 37

75. Retail Trading Hours Act 1987 amended 37

76. Road Safety Council Act 2002 amended 38

77. Rottnest Island Authority Act 1987 amended 38

78. Salaries and Allowances Act 1975 amended 38

79. Securities Industry Act 1975 amended 39

80. Settlement Agents Act 1981 amended 39

81. Small Business Development Corporation Act 1983 amended 40

82. Solicitor‑General Act 1969 amended 40

83. Subiaco Redevelopment Act 1994 amended 41

84. Swan Valley Planning Act 1995 amended 41

85. Uniting Church in Australia Act 1976 amended 41

86. University of Western Australia Act 1911 amended 42

87. Veterinary Surgeons Act 1960 amended 42

88. Vocational Education and Training Act 1996 amended 43

89. Water Boards Act 1904 amended 43

90. Western Australian Coastal Shipping Commission Act 1965 amended 44

91. Western Australian Greyhound Racing Association Act 1981 amended 44

92. Western Australian Sports Centre Trust Act 1986 amended 45

93. Western Australian Tourism Commission Act 1983 amended 45

94. Workers’ Compensation and Injury Management Act 1981 amended 46

95. Zoological Parks Authority Act 2001 amended 46

Western Australia

Acts Amendment (Bankruptcy) Act 2009

No. 18 of 2009

An Act to amend various Acts to reflect changes made to the Bankruptcy Act 1966 (Commonwealth) and for related purposes.

[Assented to 16 September 2009]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Acts Amendment (Bankruptcy) Act 2009.

2. Commencement

This Act comes into operation as follows —

(a) Part 1 — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act — on the day after that day.

Part 2 — Interpretation Act 1984 amended

3. Act amended

This Part amends the Interpretation Act 1984.

4. Section 5 amended

In section 5 insert in alphabetical order:

bankrupt and bankrupt or a person whose affairs are under insolvency laws have the meanings given in section 13D;

5. Section 13D inserted

After section 13C insert:

13D. Meaning of “bankrupt” and related expression

(1) A reference in a written law to a person being a bankrupt means that the person is a bankrupt as defined in the Bankruptcy Act 1966 (Commonwealth) or has a substantially similar status under a law applicable in a place where that Act does not apply.

(2) A reference in a written law to a person being a bankrupt or a person whose affairs are under insolvency laws means that —

(a) the person is a bankrupt as described in subsection (1); or

(b) the person is a party, as a debtor, to a debt agreement under the Bankruptcy Act 1966 (Commonwealth); or

(c) the person has, as a debtor, entered into a personal insolvency agreement under Part X of the Bankruptcy Act 1966 (Commonwealth) and obligations created by the agreement remain to be discharged; or

(d) the person has not yet entered a personal insolvency agreement under Part X of the Bankruptcy Act 1966 (Commonwealth) but has authorised a controlling trustee to perform functions under that Part,

or that the person has a substantially similar status under a law applicable in a place where the Bankruptcy Act 1966 (Commonwealth) does not apply.

Part 3 — Other Acts amended

6. Aboriginal Affairs Planning Authority Act 1972 amended

(1) This section amends the Aboriginal Affairs Planning Authority Act 1972.

(2) In the First Schedule clause 2:

(a) delete paragraph (b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

7. Agricultural Produce Commission Act 1988 amended

(1) This section amends the Agricultural Produce Commission Act 1988.

(2) In the Schedule clause 4:

(a) delete paragraph (c) and “or” after it and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

8. Alcohol and Drug Authority Act 1974 amended

(1) This section amends the Alcohol and Drug Authority Act 1974.

(2) In section 10:

(a) delete paragraph (d) and insert:

(d) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (c) and (e) and (f) insert:

9. Animal Resources Authority Act 1981 amended

(1) This section amends the Animal Resources Authority Act 1981.

(2) In the Schedule clause 2(2):

(a) delete paragraph (b) and “or” after it and insert:

(b) if he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

10. Anzac Day Act 1960 amended

(1) This section amends the Anzac Day Act 1960.

(2) In section 13:

(a) delete paragraphs (a) and (b) and insert:

(a) if the person is, or has at any time within the previous 6 years been, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) if at any time that was within the previous 6 years and was before this section was amended by the Acts Amendment (Bankruptcy) Act 2009 section 10 the person was ineligible under paragraph (b) of this section as in force before the amendment; or

(b) after paragraph (c) insert:

(3) In section 14(2) delete “becomes bankrupt” and insert:

would be ineligible under section 13(a) or (b) for appointment

11. Betting Control Act 1954 amended

(1) This section amends the Betting Control Act 1954.

(2) Delete section 11A(4)(b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt.

(3) Delete section 11B(3)(b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt.

(4) Delete section 11B(5)(e) and insert:

(e) the person is not, according to the Interpretation Act 1984 section 13D, a bankrupt.

(5) Delete section 11C(1)(b)(v) and insert:

(v) is, according to the Interpretation Act 1984 section 13D, a bankrupt;

(6) In section 11C(3)(f) delete “is not an undischarged bankrupt;” and insert:

is not, according to the Interpretation Act 1984 section 13D, a bankrupt;

12. Bills of Sale Act 1899 amended

(1) This section amends the Bills of Sale Act 1899.

(2) In section 25(1):

(a) in paragraph (b) delete “any statutory deed of assignment for the benefit of the creditors of the grantor,” and insert:

a personal insolvency agreement,

(b) delete “such deed of assignment,” and insert:

the personal insolvency agreement,

(3) In section 31:

(a) delete “any statutory assignment,” and insert:

a personal insolvency agreement,

(b) delete “assignment for the benefit of creditors” and insert:

personal insolvency agreement

(4) In the Eleventh Schedule clause 3 delete “make any statutory assignment for the benefit of his creditors.” and insert:

enter into a personal insolvency agreement.

13. Builders’ Registration Act 1939 amended

(1) This section amends the Builders’ Registration Act 1939.

(2) In section 5B(1):

(a) delete paragraph (c) and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a), (b) and (d) insert:

14. Cemeteries Act 1986 amended

(1) This section amends the Cemeteries Act 1986.

(2) In Schedule 1 clause 2:

(a) delete paragraph (b) and insert:

(b) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

15. Coal Industry Tribunal of Western Australia Act 1992 amended

(1) This section amends the Coal Industry Tribunal of Western Australia Act 1992.

(2) In section 9(2):

(a) delete paragraph (c) and “or” after it and insert:

(c) the member is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

16. Coal Miners’ Welfare Act 1947 amended

(1) This section amends the Coal Miners’ Welfare Act 1947.

(2) In section 11:

(a) delete paragraph (d) and “or” after it and insert:

(d) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a), (b) and (c) insert:

17. Commissioner for Children and Young People Act 2006 amended

(1) This section amends the Commissioner for Children and Young People Act 2006.

(2) In section 8(2):

(a) delete paragraph (c) and “or” after it and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

18. Companies (Co‑operative) Act 1943 amended

(1) This section amends the Companies (Co‑operative) Act 1943.

(2) In section 3 delete the definition of Bankruptcy and bankrupt and insert:

Bankrupt has the meaning that the Interpretation Act 1984 section 13D gives to the term “bankrupt or a person whose affairs are under insolvency laws”.

(3) In section 211(5) delete “bankrupt, or compounds or arranges with his creditors,” and insert:

bankrupt

(4) Delete the Second Schedule Table A item 73(c) and “or” after it and insert:

(5) In the Eleventh Schedule rule 8 of the rules under the heading “Rules for Proceedings for Winding‑up Companies by Order of the Court” delete “bankrupt, or assigned their estate for the benefit of, or compounded with, their creditors;” and insert:

bankrupt;

(6) In the Eleventh Schedule rule 7 of the rules under the heading “Rules for meetings of creditors, contributories, or shareholders of a company under liquidation.” delete “bankrupt or made an assignment for the benefit of or compounded with his creditors,” and insert:

bankrupt,

19. Conservation and Land Management Act 1984 amended

(1) This section amends the Conservation and Land Management Act 1984.

(2) In the Schedule clause 2:

(a) delete paragraph (b) and “or” after it and insert:

(b) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

20. Constitution Acts Amendment Act 1899 amended

(1) This section amends the Constitution Acts Amendment Act 1899.

(2) In section 38(d) delete “assignment, composition,” and insert:

entering into a personal insolvency agreement

21. Construction Industry Portable Paid Long Service Leave Act 1985 amended

(1) This section amends the Construction Industry Portable Paid Long Service Leave Act 1985.

(2) In section 8(2):

(a) delete paragraph (a) and insert:

(a) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (b) to (e) insert:

22. Control of Vehicles (Off‑road Areas) Act 1978 amended

(1) This section amends the Control of Vehicles (Off‑road Areas) Act 1978.

(2) In section 21(15):

(a) delete paragraph (d) and “or” after it and insert:

(d) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (c) insert:

23. Corruption and Crime Commission Act 2003 amended

(1) This section amends the Corruption and Crime Commission Act 2003.

(2) In Schedule 2 clause 7:

(a) delete paragraph (d) and “or” after it and insert:

(d) becomes, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (c) insert:

(3) In Schedule 3 clause 7:

(a) delete paragraph (c) and “or” after it and insert:

(c) becomes, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

24. Country High School Hostels Authority Act 1960 amended

(1) This section amends the Country High School Hostels Authority Act 1960.

(2) In section 5(5):

(a) delete paragraph (a) and insert:

(a) becomes, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (b) to (e) insert:

25. Credit (Administration) Act 1984 amended

(1) This section amends the Credit (Administration) Act 1984.

(2) In section 12(2):

(a) delete paragraph (c) and insert:

(b) after each of paragraphs (a), (b), (d) and (e) insert:

26. The Criminal Code amended

(1) This section amends The Criminal Code.

(2) In section 546(1) delete “deed of arrangement,” and insert:

personal insolvency agreement,

(3) In section 546(3) delete “deed of arrangement,” and insert:

personal insolvency agreement,

27. Criminal Property Confiscation Act 2000 amended

(1) This section amends the Criminal Property Confiscation Act 2000.

(2) In section 124(1)(d) delete “becomes bankrupt;” and insert:

becomes, according to the Interpretation Act 1984 section 13D, a bankrupt;

28. Curtin University of Technology Act 1966 amended

(1) This section amends the Curtin University of Technology Act 1966.

(2) In section 10:

(a) delete paragraph (d) and insert:

(d) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (c) and (e) to (eb) insert:

(3) In section 21E:

(a) delete paragraph (d) and insert:

(d) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (c) and (e) insert:

(4) In Schedule 2 clause 4:

(a) delete paragraph (b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (c) to (e) insert:

29. Dental Act 1939 amended

(1) This section amends the Dental Act 1939.

(2) In section 10 delete “has his affairs under liquidation or is an undischarged bankrupt or insolvent,” and insert:

is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws,

30. Dental Prosthetists Act 1985 amended

(1) This section amends the Dental Prosthetists Act 1985.

(2) In section 8(2):

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (b) insert:

31. Director of Public Prosecutions Act 1991 amended

(1) This section amends the Director of Public Prosecutions Act 1991.

(2) In Schedule 1 clause 6(1):

(a) delete paragraph (b) and insert:

(b) if the Director is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

(b) after paragraph (a) insert:

32. East Perth Redevelopment Act 1991 amended

(1) This section amends the East Perth Redevelopment Act 1991.

(2) In Schedule 2 clause 2:

(a) delete paragraph (b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

33. Edith Cowan University Act 1984 amended

(1) This section amends the Edith Cowan University Act 1984.

(2) In section 11:

(a) delete paragraph (d) and insert:

(d) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (c) and (e) to (eb) insert:

34. Electoral Act 1907 amended

(1) This section amends the Electoral Act 1907.

(2) In section 5C(2):

(a) delete paragraph (c) and “or” after it and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

35. Environmental Protection Act 1986 amended

(1) This section amends the Environmental Protection Act 1986.

(2) In Schedule 7 clause 3(2) delete paragraph (b) and insert:

(b) if the Appeals Convenor is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

36. Equal Opportunity Act 1984 amended

(1) This section amends the Equal Opportunity Act 1984.

(2) In section 76(2):

(a) delete paragraph (c) and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

(b) after paragraph (a) insert:

37. Fisheries Adjustment Schemes Act 1987 amended

(1) This section amends the Fisheries Adjustment Schemes Act 1987.

(2) In Schedule 1 clause 1:

(a) delete paragraph (b) and insert:

(b) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

38. Guardianship and Administration Act 1990 amended

(1) This section amends the Guardianship and Administration Act 1990.

(2) In section 85(1):

(a) delete paragraph (e) and “or” after it and insert:

(e) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (d) insert:

(3) In section 92(1):

(a) delete paragraph (b) and “or” after it and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

39. Hairdressers Registration Act 1946 amended

(1) This section amends the Hairdressers Registration Act 1946.

(2) In section 5(10) delete “becomes bankrupt or compounds with his creditors” and insert:

becomes, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws

40. Health Services (Conciliation and Review) Act 1995 amended

(1) This section amends the Health Services (Conciliation and Review) Act 1995.

(2) In Schedule 2 clause 5(1) delete paragraph (b) and insert:

(b) if the Director is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

41. Heritage of Western Australia Act 1990 amended

(1) This section amends the Heritage of Western Australia Act 1990.

(2) In section 20(3) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

42. Hire‑Purchase Act 1959 amended

(1) This section amends the Hire‑Purchase Act 1959.

(2) In section 28(1)(h) delete “becomes bankrupt or commits an act of bankruptcy or executes a deed of assignment or a deed of arrangement” and insert:

becomes, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws or commits an act of bankruptcy

43. Hospitals and Health Services Act 1927 amended

(1) This section amends the Hospitals and Health Services Act 1927.

(2) In the Schedule clause 2:

(a) delete paragraph (b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

44. Human Reproductive Technology Act 1991 amended

(1) This section amends the Human Reproductive Technology Act 1991.

(2) In section 29(4) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(3) In the Schedule clause 5(1):

(a) delete paragraph (b) and insert:

(b) the member is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

45. Industrial Relations Act 1979 amended

(1) This section amends the Industrial Relations Act 1979.

(2) In section 80O(5):

(a) delete paragraph (c) and insert:

(c) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

46. Inspector of Custodial Services Act 2003 amended

(1) This section amends the Inspector of Custodial Services Act 2003.

(2) In section 9(1) delete paragraph (b) and insert:

(b) if the Inspector is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

47. Insurance Commission of Western Australia Act 1986 amended

(1) This section amends the Insurance Commission of Western Australia Act 1986.

(2) In Schedule 1 clause 2(4):

(a) delete paragraph (b) and “or” after it and insert:

(b) if he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

(3) In Schedule 2 clause 2(4):

(a) delete paragraph (b) and “or” after it and insert:

(b) if he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

48. Land Administration Act 1997 amended

(1) This section amends the Land Administration Act 1997.

(2) In section 172(7)(j) delete “deed of assignment or deed of arrangement” and insert:

personal insolvency agreement

49. Land Valuers Licensing Act 1978 amended

(1) This section amends the Land Valuers Licensing Act 1978.

(2) In section 7(4):

(a) delete paragraph (c) and insert:

(c) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a), (b), (d) and (e) insert:

50. Legal Aid Commission Act 1976 amended

(1) This section amends the Legal Aid Commission Act 1976.

(2) In section 8(5):

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (b) insert:

51. Liquor Control Act 1988 amended

(1) This section amends the Liquor Control Act 1988.

(2) In section 34(2)(a):

(a) delete subparagraph (i) and insert:

(i) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of subparagraphs (ii) and (iii) insert:

52. Litter Act 1979 amended

(1) This section amends the Litter Act 1979.

(2) Delete the First Schedule clause 1(3)(a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

53. Local Government Grants Act 1978 amended

(1) This section amends the Local Government Grants Act 1978.

(2) In section 6(2):

(a) delete paragraph (d) and insert:

(d) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (c) insert:

54. Lotteries Commission Act 1990 amended

(1) This section amends the Lotteries Commission Act 1990.

(2) In Schedule 1 clause 2:

(a) delete paragraph (c) and “or” after it and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

55. Magistrates Court Act 2004 amended

(1) This section amends the Magistrates Court Act 2004.

(2) In Schedule 1 clause 14(1):

(a) delete paragraph (d) and insert:

(d) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

(b) after each of paragraphs (a) to (c) insert:

56. Midland Redevelopment Act 1999 amended

(1) This section amends the Midland Redevelopment Act 1999.

(2) In Schedule 2 clause 2:

(a) delete paragraph (b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

57. Motor Vehicle Dealers Act 1973 amended

(1) This section amends the Motor Vehicle Dealers Act 1973.

(2) In section 9(2):

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (b) and (c) insert:

58. Murdoch University Act 1973 amended

(1) This section amends the Murdoch University Act 1973.

(2) In section 15(3):

(a) delete paragraph (b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (c) insert:

59. National Environment Protection Council (Western Australia) Act 1996 amended

(1) This section amends the National Environment Protection Council (Western Australia) Act 1996.

(2) In section 45(2):

(a) delete paragraph (c) and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

60. Occupational Safety and Health Act 1984 amended

(1) This section amends the Occupational Safety and Health Act 1984.

(2) In section 10(b):

(a) delete subparagraph (iv) and insert:

(iv) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of subparagraphs (i) to (iii) insert:

61. Painters’ Registration Act 1961 amended

(1) This section amends the Painters’ Registration Act 1961.

(2) In section 7(3) delete “becomes bankrupt or compounds with his creditors” and insert:

becomes, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws

62. Parliamentary Commissioner Act 1971 amended

(1) This section amends the Parliamentary Commissioner Act 1971.

(2) In section 6(2):

(a) delete paragraph (c) and “or” after it and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

63. Partnership Act 1895 amended

(1) This section amends the Partnership Act 1895.

(2) In section 9 delete “any arrangement or composition with his creditors,” and insert:

a personal insolvency agreement under Part X of the Bankruptcy Act 1966 (Commonwealth) as a debtor,

64. Perth Market Act 1926 amended

(1) This section amends the Perth Market Act 1926.

(2) Delete section 7(b) and “or” after it and insert:

(b) if he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

65. Perth Theatre Trust Act 1979 amended

(1) This section amends the Perth Theatre Trust Act 1979.

(2) In section 6(1):

(a) delete paragraph (f) and “or” after it and insert:

(f) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (e) insert:

66. Petroleum Products Pricing Act 1983 amended

(1) This section amends the Petroleum Products Pricing Act 1983.

(2) In section 9(2):

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (b) insert:

67. Poisons Act 1964 amended

(1) This section amends the Poisons Act 1964.

(2) In section 11(1):

(a) delete paragraph (a) and insert:

(a) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (b) to (f) insert:

68. Police Act 1892 amended

(1) This section amends the Police Act 1892.

(2) Delete section 29 and insert:

29. Forfeiture of office for financial difficulty

A person who is a member of the Force forfeits the person’s office as a member of the Force if the person is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

69. Professional Combat Sports Act 1987 amended

(1) This section amends the Professional Combat Sports Act 1987.

(2) In section 5(1):

(a) delete paragraph (d) and insert:

(d) the member is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (c) and (e) insert:

70. Professional Standards Act 1997 amended

(1) This section amends the Professional Standards Act 1997.

(2) In Schedule 1 clause 5(1):

(a) delete paragraph (f) and insert:

(f) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) to (e) insert:

71. Public Sector Management Act 1994 amended

(1) This section amends the Public Sector Management Act 1994.

(2) In section 18(4):

(a) delete paragraph (c) and “or” after it and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

72. Racing Penalties (Appeals) Act 1990 amended

(1) This section amends the Racing Penalties (Appeals) Act 1990.

(2) In the Schedule clause 4:

(a) delete paragraph (b) and “or” after it and insert:

(b) if the person is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

73. Radiation Safety Act 1975 amended

(1) This section amends the Radiation Safety Act 1975.

(2) In section 14(4):

(a) delete paragraph (b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

74. Real Estate and Business Agents Act 1978 amended

(1) This section amends the Real Estate and Business Agents Act 1978.

(2) In section 8(4):

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (b) and (c) insert:

75. Retail Trading Hours Act 1987 amended

(1) This section amends the Retail Trading Hours Act 1987.

(2) In section 19(1):

(a) delete paragraph (b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

76. Road Safety Council Act 2002 amended

(1) This section amends the Road Safety Council Act 2002.

(2) In section 9(3):

(a) delete paragraph (c) and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

(b) after paragraph (a) insert:

77. Rottnest Island Authority Act 1987 amended

(1) This section amends the Rottnest Island Authority Act 1987.

(2) In Schedule 1 clause 2:

(a) delete paragraph (b) and “or” after it and insert:

(b) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

78. Salaries and Allowances Act 1975 amended

(1) This section amends the Salaries and Allowances Act 1975.

(2) Delete section 5(4)(a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

79. Securities Industry Act 1975 amended

(1) This section amends the Securities Industry Act 1975.

(2) In section 46(1):

(a) delete paragraph (a)(i) and insert:

(i) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (b)(i) insert:

80. Settlement Agents Act 1981 amended

(1) This section amends the Settlement Agents Act 1981.

(2) In section 7(5):

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (b) and (c) insert:

81. Small Business Development Corporation Act 1983 amended

(1) This section amends the Small Business Development Corporation Act 1983.

(2) In section 5(5):

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (b) insert:

82. Solicitor‑General Act 1969 amended

(1) This section amends the Solicitor‑General Act 1969.

(2) In section 7:

(a) delete paragraph (c) and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

(b) after paragraph (a) insert:

83. Subiaco Redevelopment Act 1994 amended

(1) This section amends the Subiaco Redevelopment Act 1994.

(2) In Schedule 2 clause 2:

(a) delete paragraph (b) and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (c) insert:

84. Swan Valley Planning Act 1995 amended

(1) This section amends the Swan Valley Planning Act 1995.

(2) In Schedule 1 clause 2(1):

(a) delete paragraph (b) and “or” after it and insert:

(b) he or she is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

85. Uniting Church in Australia Act 1976 amended

(1) This section amends the Uniting Church in Australia Act 1976.

(2) In section 15:

(a) delete paragraph (c) and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a), (b), (d) and (e) insert:

86. University of Western Australia Act 1911 amended

(1) This section amends the University of Western Australia Act 1911.

(2) In section 11:

(a) delete paragraphs (b) and (c), and “or” after each of them, and insert:

(c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (ca) and (cb) insert:

87. Veterinary Surgeons Act 1960 amended

(1) This section amends the Veterinary Surgeons Act 1960.

(2) In section 10:

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (b) to (e) insert:

88. Vocational Education and Training Act 1996 amended

(1) This section amends the Vocational Education and Training Act 1996.

(2) In Schedule 1 clause 1(1):

(a) delete paragraph (c) and insert:

(c) the member is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a) and (b) insert:

89. Water Boards Act 1904 amended

(1) This section amends the Water Boards Act 1904.

(2) In section 10(2) delete “having his affairs under liquidation by arrangement with his creditors, or being an uncertified or undischarged bankrupt,” and insert:

who is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws,

90. Western Australian Coastal Shipping Commission Act 1965 amended

(1) This section amends the Western Australian Coastal Shipping Commission Act 1965.

(2) In section 11(1):

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (b) insert:

91. Western Australian Greyhound Racing Association Act 1981 amended

(1) This section amends the Western Australian Greyhound Racing Association Act 1981.

(2) In Schedule 1 clause 1(4):

(a) delete paragraph (c) and insert:

(c) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a), (b) and (d) insert:

92. Western Australian Sports Centre Trust Act 1986 amended

(1) This section amends the Western Australian Sports Centre Trust Act 1986.

(2) In Schedule 1 clause 1 delete “is an undischarged bankrupt or a person whose property is subject to an order or arrangement under the laws relating to bankruptcy.” and insert:

is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

(3) In Schedule 1 clause 4:

(a) delete paragraph (b) and insert:

(b) he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after each of paragraphs (a), (c) and (d) insert:

93. Western Australian Tourism Commission Act 1983 amended

(1) This section amends the Western Australian Tourism Commission Act 1983.

(2) In section 5(5):

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (b) insert:

94. Workers’ Compensation and Injury Management Act 1981 amended

(1) This section amends the Workers’ Compensation and Injury Management Act 1981.

(2) In section 96(5):

(a) delete paragraph (a) and insert:

(a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (b) insert:

95. Zoological Parks Authority Act 2001 amended

(1) This section amends the Zoological Parks Authority Act 2001.

(2) In Schedule 2 clause 2(1):

(a) delete paragraph (b) and “or” after it and insert:

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(b) after paragraph (a) insert:

(3) In Schedule 3 clause 8(1):

(a) delete paragraph (b) and insert:

(b) if the Chief Executive Officer is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

(b) after paragraph (a) insert:

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