Statutes (Repeals and Minor Amendments) Act 2011
Statutes (Repeals and Minor Amendments) Act 2011
CONTENTS
Part 1 — Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 — Repeals and consequential amendments
Division 1 — Mine Workers’ Relief Act 1932 and Miner’s Phthisis Act 1922
3. Written laws repealed 3
4. Constitution Acts Amendment Act 1899 amended 3
5. Fatal Accidents Act 1959 amended 3
6. Insurance Commission of Western Australia Act 1986 amended 4
7. Workers’ Compensation and Injury Management Act 1981 amended 4
Division 2 — Other repeals
8. Returned Sailors and Soldiers’ Imperial League of Australia, W.A. Branch, Incorporated, Headquarters Building Act 1933 repealed4
9. Marketing of Eggs Act 1945 repealed 4
10. Swan and Canning Rivers (Transitional) Regulations (No. 2) 2007 repealed 4
Part 3 — Amendments
Division 1 — Amendments relating to Financial Management Act 2006
11. Commissioner for Children and Young People Act 2006 amended 5
12. Credit (Administration) Act 1984 amended 5
13. Owner‑Drivers (Contracts and Disputes) Act 2007 amended 5
14. Parental Support and Responsibility Act 2008 amended 6
Division 2 — References to defendant
15. Various Acts amended 6
Division 3 — References to Registrar of Deeds and Transfers
16. Various written laws amended 7
Division 4 — References to Returned and Services League
17. Various written laws amended 12
Division 5 — Other amendments
18. Adoption Act 1994 amended 14
19. Bail Act 1982 amended 15
20. Constitution Act 1889 amended 15
Part IA — Preliminary
1. Short title 15
21. Education Amendment Act 1988 amended 15
22. Home Building Contracts Act 1991 amended 15
23. Machinery of Government (Miscellaneous Amendments) Act 2006 amended 16
24. Petroleum Legislation Amendment and Repeal Act 2005 amended 17
25. Real Estate and Business Agents Act 1978 amended 17
26. Sentencing Act 1995 amended 17
27. Other Acts amended 19
Statutes (Repeals and Minor Amendments) Act 2011
No. 47 of 2011
An Act to amend the statute law by repealing various written laws and making minor amendments to various other written laws.
[Assented to 25 October 2011]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary matters
1. Short title
This is the Statutes (Repeals and Minor Amendments) Act 2011.
2. Commencement
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent (assent day);
(b) the rest of the Act — on the day after assent day.
Part 2 — Repeals and consequential amendments
Division 1 — Mine Workers’ Relief Act 1932 and Miner’s Phthisis Act 1922
3. Written laws repealed
These written laws are repealed:
(a) the Mine Workers’ Relief Act 1932;
(b) the Miner’s Phthisis Act 1922;
(c) the regulations made under the Miner’s Phthisis Act 1922 and published in the Gazette on 4 September 1925 (known as the Miner’s Phthisis Regulations).
4. Constitution Acts Amendment Act 1899 amended
(1) This section amends the Constitution Acts Amendment Act 1899.
(2) In Schedule V Part 3 delete the item for the Mine Workers’ Relief Board.
5. Fatal Accidents Act 1959 amended
(1) This section amends the Fatal Accidents Act 1959.
(2) In section 5(2)(c):
(a) delete subparagraph (iv) and “or” after it;
(b) after each of subparagraphs (i), (ii) and (iii) insert:
or
6. Insurance Commission of
(1) This section amends the Insurance Commission of
(2) Delete section 18(3).
7. Workers’ Compensation and Injury Management Act 1981 amended
(1) This section amends the Workers’ Compensation and Injury Management Act 1981.
(2) In section 46(1) delete “any provisions of the Mine Workers’ Relief Act 1932 or”.
Division 2 — Other repeals
8. Returned Sailors and Soldiers’ Imperial League of
The Returned Sailors and Soldiers’ Imperial League of
9. Marketing of Eggs Act 1945 repealed
The Marketing of Eggs Act 1945 is repealed.
10. Swan and Canning Rivers (Transitional) Regulations (No. 2) 2007 repealed
The Swan and Canning Rivers (Transitional) Regulations (No. 2) 2007 are repealed.
Part 3 — Amendments
Division 1 — Amendments relating to Financial Management Act 2006
11. Commissioner for Children and Young People Act 2006 amended
(1) This section amends the Commissioner for Children and Young People Act 2006.
(2) Delete Schedule 1 clause 2.
12. Credit (Administration) Act 1984 amended
(1) This section amends the Credit (Administration) Act 1984.
(2) In section 44B(2)(a) delete “to the fund” and insert:
to the Account
13. Owner‑Drivers (Contracts and Disputes) Act 2007 amended
(1) This section amends the Owner‑Drivers (Contracts and Disputes) Act 2007.
(2) In section 21(3) delete “accountable officer of the Department under the Financial Administration and Audit Act 1985 section 66.” and insert:
accountable authority of the Department under the Financial Management Act 2006 Part 5.
14. Parental Support and Responsibility Act 2008 amended
(1) This section amends the Parental Support and Responsibility Act 2008.
(2) In section 40(1) delete “Financial Administration and Audit Act 1985” and insert:
Financial Management Act 2006
(3) In section 40(2) delete “Financial Administration and Audit Act 1985,” and insert:
Financial Management Act 2006,
Division 2 — References to defendant
15. Various Acts amended
(1) This section amends the Acts listed in the Table.
(2) Amend the provisions listed in the Table as set out in the Table.
Table
Provision |
Delete |
Insert |
1. Community Protection (Offender Reporting) Act 2004 |
||
s. 3 def. of government custody par. (a) and strict government custody |
defendant |
accused |
s. 3 def. of mentally impaired defendant |
defendant |
accused |
2. Criminal Procedure Act 2004 |
||
Sch. 4 cl. 3(2) and (3), 4(3) and (4), 6 |
a defendant |
an accused |
3. Fair Trading Act 1987 |
||
s. 30(4) |
defendant |
accused |
4. Petroleum (Submerged Lands) Act 1982 |
||
Sch. 5 cl. 77(2), 81 |
defendant |
accused |
5. Petroleum and Geothermal Energy Resources Act 1967 |
||
Sch. 1 cl. 76(2), 80 |
defendant |
accused |
6. Petroleum Pipelines Act 1969 |
||
Sch. 1 cl. 76(2), 80 |
defendant |
accused |
7. Security and Related Activities (Control) Act 1996 |
||
s. 79A(3) |
defendant |
accused |
Division 3 — References to Registrar of Deeds and Transfers
16. Various written laws amended
(1) This section amends the written laws listed in the Table.
(2) Amend the provisions listed in the Table as set out in the Table.
Table
Provision |
Delete |
Insert |
1. Amendment of Deeds of Grant Act 1884 |
||
s. 1, 3 |
Registrar of Deeds |
Registrar of Deeds and Transfers |
2. Associations Incorporation Act 1987 |
||
s. 34(4) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
3. Bush Fires Act 1954 |
||
s. 66(1)(b)(i) |
Registrar of Deeds or his substitute or an Assistant Registrar of Deeds |
Registrar of Deeds and Transfers or an assistant registrar of deeds and transfers |
4. Dampier to Bunbury Pipeline Act 1997 |
||
s. 22(4) def. of relevant official, 44(3) def. of relevant official par. (b) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
5. Gas Corporation (Business Disposal) Act 1999 |
||
s. 20(3) def. of relevant official, 23(2) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
6. Hospitals and Health Services Act 1927 |
||
s. 7B(8), 16(6) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
7. Kambalda Water and Wastewater Facilities (Transfer to Water Corporation) Act 2004 |
||
s. 15 def. of relevant official par. (b) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
8. Land Administration Act 1997 |
||
s. 151(1) def. of Registrar of Deeds |
Registrar of Deeds under |
Registrar of Deeds and Transfers under |
9. Land Drainage Act 1925 |
||
s. 173(1)(b)(i) |
Registrar of Deeds or his deputy, |
Registrar of Deeds and Transfers or an assistant registrar of deeds and transfers, |
10. Local Government Act 1995 |
||
s. 6.71(2), 6.74(3), Sch. 6.3 cl. 2(3) and (4), 4(2) and 8(1) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
s. 9.41(1)(a) |
Registrar of Deeds, a substitute for the Registrar of Deeds, or an assistant Registrar of Deeds, |
Registrar of Deeds and Transfers or an assistant registrar of deeds and transfers, |
11. Local Government (Miscellaneous Provisions) Act 1960 |
||
s. 364(2) and (9), 412A(1), (2) and (3) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
12. Petroleum Pipelines Act 1969 |
||
s. 19(4)(b), 20(3), (4), (5)(a) and (b) and (6)(a) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
13. Rail Freight System Act 2000 |
||
s. 28(3) def. of relevant official, 41(6) def. of relevant official par. (b) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
14. Real Property (Foreign Governments) Act 1951 |
||
s. 5(2) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
15. Redemption of Annuities Act 1909 |
||
s. 2 def. of Registrar |
Registrar of Deeds |
Registrar of Deeds and Transfers |
16. Rights in Water and Irrigation Act 1914 |
||
s. 79(b)(i) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
17. Rural Business Development Corporation Act 2000 |
||
s. 11(1) def. of Registrar |
Registrar of Deeds |
Registrar of Deeds and Transfers |
18. The Salvation Army ( |
||
s. 6(4), 17(1) and (2) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
19. Tree |
||
s. 3 def. of Registrar par. (b) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
20. |
||
s. 8(1) def. of registration authority |
Registrar of Deeds |
Registrar of Deeds and Transfers |
21. Water Agencies (Powers) Act 1984 |
||
s. 8(3) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
22. Water Boards Act 1904 |
||
s. 108(1), (2) and (3), 160(b)(i) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
23. Local Government (Financial Management) Regulations 1996 |
||
r. 76(1) and (2) |
Registrar of Deeds |
Registrar of Deeds and Transfers |
Division 4 — References to Returned and Services League
17. Various written laws amended
(1) This section amends the written laws listed in the Table.
(2) Amend the provisions listed in the Table as set out in the Table.
Table
Provision |
Delete |
Insert |
1. Geraldton Sailors and Soldiers’ Memorial Institute Act 1929 |
||
s. 2 def. of Returned soldier |
“the Returned Sailors’ Soldiers’ and Airmen’s Imperial League of Australia”. |
The Returned and Services League of |
s. 4(4), 6(c) |
the Returned Sailors’ Soldiers’ and Airmen’s Imperial League of Australia |
The Returned and Services League of |
2. Liquor Control Act 1988 |
||
Sch. 2. cl. 1 def. of the League |
The Returned Services League of |
The Returned and Services League of |
3. Returned Servicemen’s Badges Act 1953 |
||
Long title |
The Returned Sailors’ Soldiers’ and Airmen’s Imperial League of |
The Returned and Services League of |
s. 2 def. of the League |
The Returned Sailors’ Soldiers’ and Airmen’s Imperial League of Australia, W.A. Branch, Incorporated; |
The Returned and Services League of |
4. Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932 |
||
s. 2 def. of the League |
the Returned Sailors’ Soldiers’ and Airmen’s Imperial League of Australia, W.A. Branch, Incorporated; |
The Returned and Services League of |
5. |
||
r. 24(2)(c) |
the Returned Sailors, Soldiers and Airmen’s Imperial League of Australia, W.A. Branch Incorporated. |
The Returned and Services League of |
r. 25, 40 |
the Returned Sailors, Soldiers and Airmen’s Imperial League of Australia. |
The Returned and Services League of |
Division 5 — Other amendments
18. Adoption Act 1994 amended
(1) This section amends the Adoption Act 1994.
(2) Delete Schedule 1 clause 2(1) and insert:
(1) Subject to subclauses (2) and (3), the signing of a form of consent to adoption is to be witnessed by one of the following persons —
(a) a person before whom a person may make a statutory declaration under —
(i) the Oaths, Affidavits and Statutory Declarations Act 2005; or
(ii) the Statutory Declarations Act 1959 (Commonwealth);
(b) an enrolment officer under the Electoral Act 1907;
(c) any other persons prescribed by regulations.
19. Bail Act 1982 amended
(1) This section amends the Bail Act 1982.
(2) In Schedule 2 item 1:
(a) delete the item for s. 283;
(b) insert in numerical order:
s. 283 |
Attempt to murder |
20. Constitution Act 1889 amended
(1) This section amends the Constitution Act 1889.
(2) Before Part I insert:
1. Short title
This is the Constitution Act 1889.
(3) Delete section 78.
21. Education Amendment Act 1988 amended
(1) This section amends the Education Amendment Act 1988.
(2) Delete section 8.
22.
(1) This section amends the
(2) In section 25A delete the definition of residential building work and insert:
residential building work means home building work that is —
(a) home building work described in paragraph (a), (b) or (c) of the definition of that term in section 3; or
(b) home building work described in paragraph (d) of the definition of that term in section 3, when —
(i) it is to be performed under a contract which also includes the performance of home building work described in paragraph (a), (b) or (c) of that definition; or
(ii) it is associated work of a prescribed kind,
but does not include home building work where the cost of the building work is the minimum amount or less;
23. Machinery of Government (Miscellaneous Amendments) Act 2006 amended
(1) This section amends the Machinery of Government (Miscellaneous Amendments) Act 2006.
(2) Delete Part 3 Division 1.
(3) Delete section 39(1).
(4) Delete Part 3 Division 5.
24. Petroleum Legislation Amendment and Repeal Act 2005 amended
(1) This section amends the Petroleum Legislation Amendment and Repeal Act 2005.
(2) Delete section 49(2)(a) and (4)(a).
25. Real Estate and Business Agents Act 1978 amended
(1) This section amends the Real Estate and Business Agents Act 1978.
(2) In section 4(1) delete the definition of Account.
(3) In section 4(1) insert in alphabetical order:
Interest Account means the Board Interest Account established under section 125(1);
(4) Amend the provisions listed in the Table as set out in the Table.
Table
Provision |
Delete |
Insert |
s. 68B(1) and (3), 125(2), 126, 128(1) and (2) |
Account |
Interest Account |
s. 127 |
Account |
Interest Account |
26. Sentencing Act 1995 amended
(1) This section amends the Sentencing Act 1995.
(2) In Schedule 1 delete the entries for:
Dog Act 1976
Fruit Growing Industry (Trust Fund) Act 1941
(3) Amend the provisions listed in the Table as set out in the Table.
Table
Provision |
Delete |
Insert |
s. 9(5)(a) |
is one referred to in paragraphs (a) to (d) of section 39(2); or |
is one of the sentencing options in section 39(2)(a) to (d); or |
s. 33G(2)(d) |
any of the matters in |
any matter in |
s. 41(2)(b), 42(2)(b) |
(other than those in paragraphs (a) or (c) of that section) |
(other than a sentencing option in section 39(2)(a) or (c)) |
s. 60(2) |
to the fund, |
to the fund or account, |
s. 60(7) |
person or fund |
person, fund or account |
s. 66(2)(d), 73(2)(d), 84A(2)(d) |
any of the matters in paragraphs (a), (b) or (c); |
any matter in paragraph (a), (b) or (c); |
Sch. 1 entry for Cattle Industry Compensation Act 1965, |
Fund |
Account |
Sch. 1 entry for Queen Elizabeth II Medical Centre Act 1966 |
Queen |
The Queen |
27. Other Acts amended
(1) This section amends the Acts listed in the Table.
(2) Amend the provisions listed in the Table as set out in the Table.
Table
Provision |
Delete |
Insert |
1. Amendment of Deeds of Grant Act 1884 |
||
s. 3 |
other the owner |
other owner |
2. Biosecurity and Agriculture Management Act 2007 |
||
s. 186(1)(b) |
30 December |
31 December |
3. Coal Miners’ Welfare Act 1947 |
||
s. 10(1) |
union |
Council or other body |
s. 10(2) |
union |
Union or other body |
s. 12(1) |
relevant union, union becomes union. |
Council, relevant entity becomes relevant entity. |
4. Criminal Investigation (Extra‑territorial Offences) Act 1987 |
||
s. 8A(8) |
purposes this |
purposes of this |
5. Electricity Act 1945 |
||
s. 33B(2) |
advertised |
advertises |
6. Evidence Act 1906 |
||
s. 73U(2) |
stamp |
|
7. Fines, Penalties and Infringement Notices Enforcement Act 1994 |
||
s. 3(1) def. of driver’s licence |
issued |
granted |
s. 10 |
driver’s |
drivers’ |
s. 22(4)(c) |
court proceedings have been commenced under section 21(6) |
a prosecution has been commenced under section 21(4) |
s. 22(4)(c)(i) |
they are, |
it is, |
8. Government Financial Responsibility Act 2000 |
||
s. 8(1) |
Australian Accounting Standard 31 (Financial Reporting by Governments). |
Australian Accounting Standards Board AASB 1049 Whole of Government and General Government Sector Financial Reporting. |
s. 8(2) |
Australian Accounting Standard 31, |
Australian Accounting Standards Board AASB 1049, |
9. Hospitals and Health Services Act 1927 |
||
s. 26K(c)(i) |
Commissioner |
CEO |
10. Judges’ Salaries and Pensions Act 1950 |
||
s. 5(1b) |
subsection (1)(c) |
subsection (1) |
11. Legal Profession Act 2008 |
||
s. 21(2)(c) |
practical training |
practical legal training |
s. 42(10) |
class of description |
class or description |
s. 52(2) |
section 47(3)(a)(1), |
section 47(3)(a)(i), |
s. 327(1) def. of Law Mutual Fund |
section 329(1); |
section 330(1); |
12. Liquor Control Act 1988 |
||
s. 3(1) def. of small bar licence |
section 41(1)(aa); |
section 41(1aa); |
|
||
s. 25(10)(f) |
lawyer’s |
legal practitioner’s |
14. Minerals and Energy Research Act 1987 |
||
s. 20(1)(a) |
body know as |
body known as |
15. Owner‑Drivers (Contracts and Disputes) Act 2007 |
||
s. 3 def. of gross vehicle mass |
section 103B(4); |
section 111AB(4); |
s. 33(2) |
not fail to — comply with |
not — fail to comply with |
16. Queen Elizabeth II Medical Centre Act 1966 |
||
s. 3(1) def. of member |
means member |
means a member |
17. Reprints Act 1984 |
||
s. 4(2) |
Prerogative in relation to Queen’s Counsel. |
Prerogative. |
18. State Superannuation Act 2000 [See note at end of clause for changes to section headings] |
||
s. 64(2), 75U(2) |
Stamp duty under the Stamp Act 1921 |
Duty under the Duties Act 2008 |
s. 64(4), 75U(4) |
stamp |
|
19. Supreme Court Act 1935 |
||
s. 11A(3) |
the provisions of section 11B(4) and (5), |
the Judges’ Retirement Act 1937, |
s. 26(5) |
the 3 next succeeding sections, |
sections 27 and 28, |
20. Swan and Canning Rivers Management Act 2006 |
||
s. 22(4), (5) |
Trust |
chairman |
s. 29(8) |
section 14 — |
section 13 — |
s. 111(1), 113(1) |
investigation purposes. |
investigative purposes. |
Sch. 4 item for Reserve 48325 |
|
|
21. Western Australian Meat Industry Authority Act 1976 |
||
s. 13 |
(other than the members referred to in section 8(1)(a) and (b) and the deputies of those members) |
(other than the member referred to in section 8(1)(a) and the deputy of that member) |
22. Workers’ Compensation and Injury Management Act 1981 |
||
s. 5(1) def. of self‑insurer |
means employer whom, or employer belonging |
means an employer whom, or an employer belonging |
s. 27 |
Act and in particular section 118, |
Act, |
Note: In the State Superannuation Act 2000 the headings to each of the amended sections 64 and 75U are to read:
Duty and other taxes