Western Australia
Alteration of Statutory Designations Act 1974
Reprinted as at 24 November 2000
Reprinted under the Reprints Act 1984 as at 24 November 2000
Alteration of Statutory Designations Act 1974
CONTENTS
Part I — General
1.Citation2
2.Commencement2
2A.Interpretation2
3.Change of reference2
4.Variation or revocation of Orders4
4A.Effect of revocation of Order4
4B.Governor may rectify omissions4
5.Saving of prerogative powers4
Notes
Reprinted under the Reprints Act 1984 as at 24 November 2000
Western Australia
Alteration of Statutory Designations Act 1974
An Act to facilitate the alteration of the style and title of Ministers of the Crown, offices and departments, and for purposes incidental thereto.
[Long title amended by No. 62 of 1981 s.2.]
Part I — General
This Act may be cited as the Alteration of Statutory Designations Act 1974 1.
[Section 1 amended by No. 62 of 1981 s.3.]
This Act, or any Part thereof, shall come into operation on such date as is fixed by proclamation in relation thereto 1.
In this Act, unless the contrary intention appears —
“department” means any department or part of a department of the Government;
“Minister” means a principal executive office of the Government under the Constitution Acts Amendment Act 1899;
“office” includes any office in a department;
“
[Section 2A inserted by No. 62 of 1981 s.4.]
(1)Whenever —
(a)the Governor —
(i)designates and declares a principal executive office of the Government for the purposes of the Constitution Acts Amendment Act 1899 and thereby changes the designation of a Minister;
(ii)establishes, amalgamates, divides, or abolishes a department or alters the designation of any department;
or
(b)an office has been abolished (whether by reason of the abolition of a department or otherwise) or the designation of an office has been altered,
the Governor may, by Order in Council, direct that a reference to —
(c)a Minister;
(d)an office;
(e)a department,
as the case may be, contained in —
(f)any law; or
(g)any instrument, contract, or legal proceedings made or commenced before the coming into operation of the Order,
by a reference specified in the Order shall be read and construed as a reference to a Minister, office, or department by the reference specified in that Order, and effect shall be given to any such direction.
(2)An Order under this section shall not affect the validity of anything done by or in relation to any Minister of the Crown, office, or department before the coming into operation of the Order.
(3)An Order under this section shall come into operation on the date on which it is published in the Government Gazette, or on such later date as may be specified in the Order.
[Section 3 amended by No. 62 of 1981 s.5.]
4.Variation or revocation of Orders
An Order in Council made pursuant to this Act may be varied or revoked by a subsequent Order in Council made thereunder.
4A.Effect of revocation of Order
Notwithstanding anything in the Interpretation Act 1918 2, an Order in Council under section 4 that revokes an Order in Council made pursuant to section 3 shall, unless the Order in Council made under section 4 otherwise directs, effect a revival of the reference altered by the Order in Council made pursuant to section 3.
[Section 4A inserted by No. 62 of 1981 s.6.]
4B.Governor may rectify omissions
Where through an accidental omission to alter a reference to a Minister, an office in a department, or a department anything done or required to be done by or under a law is done by or in relation to a Minister, office, or a department by a reference other than the reference then currently applicable in relation to that Minister, office, or department, the Governor may by Order in Council take such measures as are necessary for removing any doubt arising from the omission and may validate anything which has been done by or in relation to a Minister, office, or department otherwise than by reference to the reference then currently applicable to that Minister, office, or department.
[Section 4B inserted by No. 62 of 1981 s.6.]
5.Saving of prerogative powers
Nothing in this Act shall prejudice any power exercisable by virtue of the prerogative of the Crown in relation to functions of Ministers of the Crown.
[Parts II, III, IV repealed by No. 62 of 1981 s.7.]
[Part V repealed by No. 111 of 1979 s.3.]
[Parts VI, VII repealed by No. 62 of 1981 s.7.]
