Western Australia
Statutes (Repeals and Minor Amendments) Act 2014
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
Part 2 — Repeal
3.Year 2000 Information Disclosure Act 1999 repealed2
Part 3 — Amendments
Division 1 — Amendments reflecting the abolition of Local Courts
4.Genetically Modified Crops Free Areas Act 2003 amended2
5.Residential Tenancies Act 1987 amended2
Division 2 — Amendments adopting the terminology of the Criminal Procedure Act 2004
6.Criminal Investigation (Identifying People) Act 2002 amended2
7.Petroleum (Submerged Lands) Act 1982 amended2
8.Petroleum and Geothermal Energy Resources Act 1967 amended2
9.Petroleum Pipelines Act 1969 amended2
10.Water Efficiency Labelling and Standards Act 2006 amended2
Division 3 — Amendments reflecting changes in nomenclature
Subdivision 1 — Registrar of the Mentally Impaired Accused Review Board
11.Electoral Act 1907 amended2
12.Guardianship and Administration Act 1990 amended2
13.Mental Health Act 1996 amended2
Subdivision 2 — Professional accountancy bodies
14.Commercial Tenancy (Retail Shops) Agreements Act 1985 amended2
15.Legal Profession Act 2008 amended2
Subdivision 3 — Other changes in nomenclature
16.Geraldton Sailors and Soldiers’ Memorial Institute Act 1929 amended2
Division 4 — Miscellaneous amendments
17.Bush Fires Act 1954 amended2
18.Children and Community Services Act 2004 amended2
19.Co‑operatives Act 2009 amended2
20.Credit Act 1984 amended2
21.Fair Trading Act 1987 amended2
22.Guardianship and Administration Act 1990 amended2
23.Health Act 1911 amended2
24.Health Services (Quality Improvement) Act 1994 amended2
25.Hire‑Purchase Act 1959 amended2
26.Housing Act 1980 amended2
27.Interpretation Act 1984 amended2
28.Marketing of Potatoes Act 1946 amended2
29.Mining Act 1978 amended2
30.Owner‑Drivers (Contracts and Disputes) Act 2007 amended2
31.Petroleum Legislation Amendment and Repeal Act 2005 amended2
32.Professional Standards Act 1997 amended2
33.Radiation Safety Act 1975 amended2
34.Rail Safety Act 2010 amended2
35.Road Traffic Act 1974 amended2
36.Road Traffic Legislation Amendment (Disqualification by Notice) Act 2010 amended2
37.Sentencing Act 1995 amended2
38.Sentencing Legislation Amendment and Repeal Act 2003 amended2
39.Standardisation of Formatting Act 2010 amended2
40.State Superannuation Act 2000 amended2
41.State Trading Concerns Act 1916 amended2
42.Transport Co‑ordination Act 1966 amended2
43.Warehousemen’s Liens Act 1952 amended2
44.Wildlife Conservation Act 1950 amended2
Western Australia
Statutes (Repeals and Minor Amendments) Act 2014
An Act to amend the statute law by repealing or amending various enactments.
[Assented to 2 July 2014]
The Parliament of Western Australia enacts as follows:
This is the Statutes (Repeals and Minor Amendments) Act 2014.
This Act comes into operation as follows —
(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
3.Year 2000 Information Disclosure Act 1999 repealed
The Year 2000 Information Disclosure Act 1999 is repealed.
Division 1 — Amendments reflecting the abolition of Local Courts
4.Genetically Modified Crops Free Areas Act 2003 amended
(1)This section amends the Genetically Modified Crops Free Areas Act 2003.
(2)In section 9(4) delete “a
the
5.Residential Tenancies Act 1987 amended
(1)This section amends the Residential Tenancies Act 1987.
(2)In section 15(2)(d) delete “a local court” and insert:
the
Division 2 — Amendments adopting the terminology of the Criminal Procedure Act 2004
6.Criminal Investigation (Identifying People) Act 2002 amended
(1)This section amends the Criminal Investigation (Identifying People) Act 2002.
(2)In section 3(2)(a) delete “made or sworn a complaint in respect” and insert:
commenced a prosecution
7.Petroleum (Submerged Lands) Act 1982 amended
(1)This section amends the Petroleum (Submerged Lands) Act 1982.
(2)In section 137A(1) delete “the complaint” and insert:
the charge of the offence
8.Petroleum and Geothermal Energy Resources Act 1967 amended
(1)This section amends the Petroleum and Geothermal Energy Resources Act 1967.
(2)In section 126A(1) delete “the complaint” and insert:
the charge of the offence
9.Petroleum Pipelines Act 1969 amended
(1)This section amends the Petroleum Pipelines Act 1969.
(2)In section 66BB(1) delete “the complaint” and insert:
the charge of the offence
10.Water Efficiency Labelling and Standards Act 2006 amended
(1)This section amends the Water Efficiency Labelling and Standards Act 2006.
(2)In section 40A(1)(b) delete “complaint” and insert:
charge
Division 3 — Amendments reflecting changes in nomenclature
Subdivision 1 — Registrar of the Mentally Impaired Accused Review Board
(1)This section amends the Electoral Act 1907.
(2)In section 59(1) delete the definition of secretary, Mentally Impaired Accused Review Board.
(3)In section 59(1) insert in alphabetical order:
registrar, MIARB means the registrar of the Mentally Impaired Accused Review Board established under the Criminal Law (Mentally Impaired Accused) Act 1996;
(4)In section 59(1) in the definition of required information delete “sex;” and insert:
sex.
(5)In section 59(2)(b) and (3)(b) delete “secretary, Mentally Impaired Review Board” and insert:
registrar, MIARB
12.Guardianship and Administration Act 1990 amended
(1)This section amends the Guardianship and Administration Act 1990.
(2)In section 98(1) delete “secretary” and insert:
registrar
13.Mental Health Act 1996 amended
(1)This section amends the Mental Health Act 1996.
(2)In section 44 delete “secretary” and insert:
registrar
(3)In section 94(1) delete “secretary” and insert:
registrar
Subdivision 2 — Professional accountancy bodies
14.Commercial Tenancy (Retail Shops) Agreements Act 1985 amended
(1)This section amends the Commercial Tenancy (Retail Shops) Agreements Act 1985.
(2)In section 3 in the definition of accountant delete paragraphs (b) and (c) and insert:
(b)CPA Australia Ltd; or
(c)the
15.Legal Profession Act 2008 amended
(1)This section amends the Legal Profession Act 2008.
(2)In section 3 in the definition of accountant paragraph (c) delete “National Institute of Accountants” and insert:
Subdivision 3 — Other changes in nomenclature
16.Geraldton Sailors and Soldiers’ Memorial Institute Act 1929 amended
(1)This section amends the Geraldton Sailors and Soldiers’ Memorial Institute Act 1929.
(2)In section 6(2) delete “the Returned Sailors’ Soldiers’ and Airmen’s Imperial League of Australia” and insert:
the Returned & Services League of
Division 4 — Miscellaneous amendments
17.Bush Fires Act 1954 amended
(1)This section amends the Bush Fires Act 1954.
(2)In section 38(14) delete “this”.
(3)In section 38(18):
(a)delete “(i) during” and insert:
(a)during
(b)delete “(ii) during” and insert:
(b)during
(4)In section 44 delete “(3)(a) Subject” and insert:
(3)Subject
18.Children and Community Services Act 2004 amended
(1)This section amends the Children and Community Services Act 2004.
(2)In section 125A(3B) delete “Minister for Public Sector Management,” and insert:
Public Service Commissioner,
19.Co‑operatives Act 2009 amended
(1)This section amends the Co‑operatives Act 2009.
(2)In section 188(5) delete “subregulation (4)” and insert:
subsection (4)
(1)This section amends the Credit Act 1984.
(2)In section 19B(2)(a) and (b) delete “[reference date],” and insert:
1 July 2010,
21.Fair Trading Act 1987 amended
(1)This section amends the Fair Trading Act 1987.
(2)In section 3C(3) delete “subsection (3)” and insert:
subsection (2)
22.Guardianship and Administration Act 1990 amended
(1)This section amends the Guardianship and Administration Act 1990.
(2)In section 45(2)(d) delete “subsection (4),” and insert:
subsection (4A),
(3)In section 45 delete “(4) A plenary guardian cannot” and insert:
(4A)A plenary guardian cannot
(4)In section 76(3) delete “sections 50 and 53” and insert:
section 50
(5)In section 110G(1) delete “section 45(3) and (4),” and insert:
section 45(3), (4A) and (4),
(1)This section amends the Health Act 1911.
(2)In section 3(1) delete the definition of public place and insert:
public place includes every place to which the public ordinarily have access, whether by payment of fee or not;
24.Health Services (Quality Improvement) Act 1994 amended
(1)This section amends the Health Services (Quality Improvement) Act 1994.
(2)Delete section 12(2).
25.Hire‑Purchase Act 1959 amended
(1)This section amends the Hire‑Purchase Act 1959.
(2)In section 3(2)(e)(viii) delete “subparagraphs (i), (iii), (iv), (v), (vi), (vii) and (viia)” and insert:
subparagraphs (i), (iii), (iv), (v) and (vi)
(1)This section amends the Housing Act 1980.
(2)Delete section 6(1) and insert:
(1)The body corporate constituted under the repealed Act by the name “The State Housing Commission” is preserved and continues in existence for the purposes of this Act as a body corporate retaining the same corporate identity.
27.Interpretation Act 1984 amended
(1)This section amends the Interpretation Act 1984.
(2)In section 13CA(2) in the Examples:
(a)delete ““
“Narrogin
(b)delete “
Narrogin
28.Marketing of Potatoes Act 1946 amended
(1)This section amends the Marketing of Potatoes Act 1946.
(2)Delete section 22(4)(d) and (e) and insert:
(d)either —
(i)that the person charged did not produce to the inspector any sales docket, delivery note or relevant consignment advice from the grower; or
(ii)that the person charged produced to the inspector a sales docket, delivery note or relevant consignment advice but —
(I)it did not contain the prescribed information; or
(II)it did not purport to have been issued by or on behalf of the Corporation or the holder of a relevant permit under section 25; or
(III)it was not in fact issued by or on behalf of the Corporation or the holder of a relevant permit under section 25; or
(IV)the potatoes were not contained in any bags or other containers, or were not contained in bags or other containers branded or marked in accordance with particulars shown in the sales docket or delivery note or relevant consignment advice, or did not correspond with the description given in the sales docket or delivery note or relevant consignment advice,
(1)This section amends the Mining Act 1978.
(2)In section 160AA in the Table delete “s. 94J”.
30.Owner‑Drivers (Contracts and Disputes) Act 2007 amended
(1)This section amends the Owner‑Drivers (Contracts and Disputes) Act 2007.
(2)In section 3 in the definition of Council delete “Road Transport Freight Industry Council” and insert:
Road Freight Transport Industry Council
31.Petroleum Legislation Amendment and Repeal Act 2005 amended
(1)This section amends the Petroleum Legislation Amendment and Repeal Act 2005.
(2)Delete section 29(2).
32.Professional Standards Act 1997 amended
(1)This section amends the Professional Standards Act 1997.
(2)In section 34A(2) delete “limitation” and insert:
A limitation
33.Radiation Safety Act 1975 amended
(1)This section amends the Radiation Safety Act 1975.
(2)In section 4 delete the definitions of:
seller
the repealed Acts
(3)In section 4 in the definition of sell delete “accordingly;” and insert:
accordingly.
34.Rail Safety Act 2010 amended
(1)This section amends the Rail Safety Act 2010.
(2)In section 40 in the Penalty paragraph (a) before “a fine” insert:
for a first offence,
35.Road Traffic Act 1974 amended
(1)This section amends the Road Traffic Act 1974.
(2)In section 22(5)(a) delete “Fund” and insert:
Account
Note:The heading to amended section 22 is to read:
Certain fees and charges to be credited to Main Roads Trust Account
36.Road Traffic Legislation Amendment (Disqualification by Notice) Act 2010 amended
(1)This section amends the Road Traffic Legislation Amendment (Disqualification by Notice) Act 2010.
(2)Delete section 12(2)(c), (5)(d) and (7)(b).
37.Sentencing Act 1995 amended
(1)This section amends the Sentencing Act 1995.
(2)In section 46(b) delete “that it” and insert:
it
(3)In section 108(3) delete “the Passports Act 1938 of the Commonwealth.” and insert:
the Australian Passports Act 2005 (Commonwealth).
(4)In section 108(6) delete “Passport offence” and insert:
In this subsection —
passport offence
(5)In Schedule 1:
(a)in the heading column 2 delete “Person or fund” and insert:
Person or account
(b)delete the row relating to:
Colleges Act 1978
38.Sentencing Legislation Amendment and Repeal Act 2003 amended
(1)This section amends the Sentencing Legislation Amendment and Repeal Act 2003.
(2)Delete section 78.
39.Standardisation of Formatting Act 2010 amended
(1)This section amends the Standardisation of Formatting Act 2010.
(2)In section 4 in the Table:
(a)in the row relating to the Fish Resources Management Act 1994 Schedule 1 delete “Schedule 1”;
(b)delete the row relating to the Occupational Safety and Health Act 1984;
(c)delete the row relating to the Security and Related Activities (Control) Act 1996;
(d)delete the row relating to the Shipping and Pilotage Act 1967.
(3)In section 51 in the Table delete item 14.
(4)In section 51 in the Table in item 31 in the row relating to section 55(5):
(a)in column 2 delete “or on termination”;
(b)in column 3 delete “or (ii) on termination”.
(5)In section 52(4) in the Table delete the rows relating to sections 21(1), (2) and (3) and 39(2).
(6)In section 52(4) in the Table in the row relating to section 44(3):
(a)in column 2 delete “(3)(a) Where”;
(b)in column 3 delete “(3) Where”.
(7)In section 52(4) in the Table delete the rows relating to sections 45 and 47.
(8)In section 52(4) in the Table in the row relating to section 64:
(a)in column 2 delete “section 21(2),”;
(b)in column 3 delete “section 21(2A) and (2B),”.
40.State Superannuation Act 2000 amended
(1)This section amends the State Superannuation Act 2000.
(2)Delete section 30(2) and insert:
(2)An Employer may make superannuation contributions for persons who work for the Employer to a superannuation fund or scheme other than —
(a)a scheme under this Act; or
(b)a superannuation scheme or fund established in accordance with subsection (1); or
(c)a superannuation scheme or fund established before 28 December 1989,
if the Treasurer has approved the making of those contributions.
41.State Trading Concerns Act 1916 amended
(1)This section amends the State Trading Concerns Act 1916.
(2)Delete section 8(2).
(3)Delete section 26.
42.Transport Co‑ordination Act 1966 amended
(1)This section amends the Transport Co‑ordination Act 1966.
(2)In section 4(1) in the definition of owner paragraph (ab) delete “a person who”.
43.Warehousemen’s Liens Act 1952 amended
(1)This section amends the Warehousemen’s Liens Act 1952.
(2)In section 13 delete “section 9” and insert:
section 10(2A)
44.Wildlife Conservation Act 1950 amended
(1)This section amends the Wildlife Conservation Act 1950.
(2)In section 16(1) delete “subsection (1)” and insert:
section 14(1)
