Local Government Legislation Amendment Act 2016
Local Government Legislation Amendment Act 2016
Western Australia
Local Government Legislation Amendment Act 2016
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
Part 2 — Local Government Act 1995 amended
3.Act amended3
4.Section 1.4 amended3
5.Section 3.12 amended3
6.Section 3.60 amended3
7.Part 3 Division 4 heading amended4
8.Section 3.68 amended4
9.Sections 3.69 to 3.72 inserted4
3.69.Regional subsidiaries4
3.70.Regional subsidiaries to have charter5
3.71.Regulations about regional subsidiaries6
3.72.Other provisions and arrangements not affected6
10.Section 4.88 amended7
11.Section 5.49 amended7
12.Section 5.63 amended8
13.Section 5.99A amended8
14.Sections 5.102AA to 5.102AC inserted9
5.102AA.Apportionment of annual payments9
5.102AB.Repayment of advance annual payments if recipient ceases to hold office9
5.102AC.Application of this Division to regional local governments10
15.Section 5.110A inserted11
5.110A.Withdrawal of complaint of minor breach11
16.Section 5.110 amended13
17.Section 6.23 amended13
18.Section 9.15 amended14
19.Section 9.17 amended14
20.Section 9.19 amended15
21.Section 9.20 amended15
22.Section 9.23 deleted15
23.Schedule 2.1 clause 11 amended15
24.Schedule 2.1 clause 12 inserted16
12.Registration of documents16
25.Schedule 9.3 Division 3 inserted17
Division 3 — Provisions for Local Government Legislation Amendment Act 2016
45.Term used: amending Act17
46.Part 5 Division 9: complaints17
47.Part 9 Division 2 Subdivision 217
48.Schedule 2.1: transitional arrangements18
Part 3 — Amendments to other Acts in relation to regional subsidiaries
Division 1 — Biosecurity and Agriculture Management Act 2007 amended
26.Act amended19
27.Section 6 amended19
Division 2 — Building Act 2011 amended
28.Act amended19
29.Section 125 amended19
Division 3 — Building Services (Registration) Act 2011 amended
30.Act amended20
31.Section 3 amended20
Division 4 — Business Names (Commonwealth Powers) Act 2012 amended
32.Act amended20
33.Section 3 amended20
Division 5 — Child Care Services Act 2007 amended
34.Act amended21
35.Section 3 amended21
Division 6 — Children and Community Services Act 2004 amended
36.Act amended21
37.Section 3 amended21
Division 7 — Civil Judgments Enforcement Act 2004 amended
38.Act amended21
39.Section 63 amended22
40.Section 107 amended22
Division 8 — Civil Liability Act 2002 amended
41.Act amended22
42.Section 5U amended22
Division 9 — Commissioner for Children and Young People Act 2006 amended
43.Act amended22
44.Section 5 amended23
Division 10 — Community Protection (Offender Reporting) Act 2004 amended
45.Act amended23
46.Section 3 amended23
Division 11 — Corruption, Crime and Misconduct Act 2003 amended
47.Act amended23
48.Section 3 amended24
Division 12 — Duties Act 2008 amended
49.Act amended24
50.Section 3 amended24
Division 13 — Emergency Management Act 2005 amended
51.Act amended24
52.Section 3 amended25
Division 14 — Graffiti Vandalism Act 2016 amended
53.Act amended25
54.Section 4 amended25
Division 15 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended
55.Act amended25
56.Section 70 amended26
Division 16 — Freedom of Information Act 1992 amended
57.Act amended26
58.Glossary amended26
Division 17 — Health Services Act 2016 amended
59.Act amended26
60.Section 6 amended27
Division 18 — Industrial Relations Act 1979 amended
61.Act amended27
62.Section 7 amended27
Division 19 — Interpretation Act 1984 amended
63.Act amended27
64.Section 5 amended27
Division 20 — Liquor Control Act 1988 amended
65.Act amended28
66.Section 37 amended28
Division 21 — Lotteries Commission Act 1990 amended
67.Act amended28
68.Section 19 amended28
Division 22 — Magistrates Court (Civil Proceedings) Act 2004 amended
69.Act amended28
70.Section 3 amended29
Division 23 — Medicines and Poisons Act 2014 amended
71.Act amended29
72.Section 95 amended29
Division 24 — Mental Health Act 2014 amended
73.Act amended29
74.Section 572 amended30
Division 25 — Minerals Research Institute of Western Australia Act 2013 amended
75.Act amended30
76.Section 11 amended30
Division 26 — Parliamentary Commissioner Act 1971 amended
77.Act amended30
78.Section 4A amended30
Division 27 — Pay‑roll Tax Assessment Act 2002 amended
79.Act amended31
80.Section 40 amended31
Division 28 — Public Health Act 2016 amended
81.Act amended31
82.Section 4 amended31
Division 29 — Public Interest Disclosure Act 2003 amended
83.Act amended31
84.Section 3 amended31
Division 30 — Public Sector Management Act 1994 amended
85.Act amended32
86.Section 102 amended32
87.Schedule 1 amended32
Division 31 — Road Traffic (Administration) Act 2008 amended
88.Act amended33
89.Section 4 amended33
Division 32 — Stamp Act 1921 amended
90.Act amended33
91.Section 4 amended33
Division 33 — State Records Act 2000 amended
92.Act amended33
93.Schedule 1 amended34
Division 34 — Western Australian Land Authority Act 1992 amended
94.Act amended34
95.Section 16 amended34
96.Section 17 amended34
Division 35 — Western Australian Tourism Commission Act 1983 amended
97.Act amended35
98.Section 3 amended35
Local Government Legislation Amendment Act 2016
An Act —
·to make various amendments to the Local Government Act 1995; and
·to amend the Local Government Act 1995 to enable local governments to form regional subsidiaries and to make consequential amendments to other Acts.
[Assented to 21 September 2016]
The Parliament of Western Australia enacts as follows:
This is the Local Government Legislation Amendment Act 2016.
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 a day fixed by proclamation, and different days may be fixed for different provisions.
Part 2 — Local Government Act 1995 amended
This Part amends the Local Government Act 1995.
In section 1.4 insert in alphabetical order:
regional local government means a regional local government established under section 3.61;
regional subsidiary means a regional subsidiary established under section 3.69;
After section 3.12(1) insert:
(2A)Despite subsection (1), a failure to follow the procedure described in this section does not invalidate a local law if there has been substantial compliance with the procedure.
In section 3.60 before “unless” insert:
or regional subsidiary
7.Part 3 Division 4 heading amended
In the heading to Part 3 Division 4 after “governments” insert:
and regional subsidiaries
In section 3.68 delete “this Division” and insert:
sections 3.61 to 3.67
9.Sections 3.69 to 3.72 inserted
At the end of Part 3 Division 4 insert:
(1)Two or more local governments making arrangements under which they are to provide a service or carry on an activity jointly may, with the Minister’s approval and in accordance with the regulations, form a subsidiary body (called a regional subsidiary) to provide that service or carry on that activity.
(2)If the Minister approves the formation of a regional subsidiary, the Minister must, by notice in the Gazette, declare that the regional subsidiary is established —
(a)on the date set out in the notice; and
(b)under the name set out in the notice.
(3)A regional subsidiary —
(a)is a body corporate with perpetual succession and a common seal; and
(b)is to have a governing body consisting of members appointed in accordance with the regional subsidiary’s charter (as approved by the Minister in accordance with section 3.70(3)).
(4)Without limiting subsection (3)(b), a governing body may consist of or include members who are not council members or employees.
3.70.Regional subsidiaries to have charter
(1)Local governments proposing to form a regional subsidiary must prepare a charter addressing the following matters —
(a)the establishment and powers and duties of the regional subsidiary;
(b)the process for selecting and appointing members of the regional subsidiary’s governing body;
(c)the qualifications that members of the regional subsidiary’s governing body must have;
(d)the administration of the regional subsidiary, including the membership and procedures of its governing body, and the fees, allowances and expenses to be paid or reimbursed to the members of its governing body;
(e)the financial management, planning, auditing and reporting to be undertaken by the regional subsidiary;
(f)the process for amending the charter;
(g)the winding up of the regional subsidiary;
(h)any other matters required by the regulations to be dealt with in a charter.
(2)The local governments must forward the charter to the Minister when applying for approval for the formation of the regional subsidiary.
(3)A charter, and an amendment to a charter, are of no effect unless approved by the Minister.
3.71.Regulations about regional subsidiaries
Regulations may —
(a)regulate the procedure for applying to the Minister for approval for the formation of a regional subsidiary; and
(b)require the local governments proposing to form a regional subsidiary to consult with the community in their districts in accordance with the regulations; and
(c)provide that a specified provision of this Act applies in relation to a regional subsidiary subject to any prescribed or necessary modifications; and
(d)provide for or regulate any other matter that is necessary or convenient to be provided for or regulated in respect of a regional subsidiary.
3.72.Other provisions and arrangements not affected
(1)Section 3.69 has effect in addition to the provisions of this Division relating to regional local governments, and does not derogate from those provisions.
(2)Nothing in section 3.69 prevents local governments from making arrangements under which —
(a)a local government provides a service or carries on an activity for another local government; or
(b)local governments provide a service or carry on an activity jointly without forming a regional subsidiary.
(1)Delete section 4.88(1) and insert:
(1)A person must not, during the relevant period in relation to an election —
(a)print, publish or distribute deceptive material; or
(b)cause deceptive material to be printed, published or distributed.
Penalty: a fine of $5 000 or imprisonment for one year.
(2)In section 4.88(2) delete “subsection (1)(a)” and insert:
subsection (1)
(3)Delete section 4.88(3).
Note:The heading to amended section 4.88 is to read:
Offence to print, publish or distribute misleading or deceptive material
In section 5.49(1) in the definition of eligible body after paragraph (b) insert:
(ca)a regional subsidiary; or
Delete section 5.63(1)(c) and insert:
(c)an interest relating to —
(i)a fee, reimbursement of an expense or an allowance to which section 5.98, 5.98A, 5.99, 5.99A, 5.100 or 5.101(2) refers; or
(ii)a gift permitted by section 5.100A; or
(iii)reimbursement of an expense that is the subject of regulations made under section 5.101A;
or
(1)In section 5.99A:
(a)delete “A local government” and insert:
(1)A local government
(b)after “pay all” insert:
eligible
(2)At the end of section 5.99A insert:
(2)For the purposes of subsection (1), a council member is eligible to be paid an annual allowance under subsection (1) for a type of expense only in the following cases —
(a)in the case of an annual allowance that is paid in advance, if it is reasonably likely that the council member will incur expenses of that type during the period to which the allowance relates;
(b)in the case of an annual allowance that is not paid in advance, if the council member has incurred expenses of that type during the period to which the allowance relates.
14.Sections 5.102AA to 5.102AC inserted
At the end of Part 5 Division 8 insert:
5.102AA.Apportionment of annual payments
A determination made by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7B may provide for the payment of a proportion of an annual allowance or annual fee payable under this Division if a person holds the office to which the allowance or fee relates for only part of a year.
5.102AB.Repayment of advance annual payments if recipient ceases to hold office
(1)This section applies if —
(a)a local government pays an annual allowance or annual fee under this Division to a person in advance (either wholly or in part); and
(b)the person ceases to hold the office to which the allowance or fee relates before the end of the period to which the advance payment relates.
(2)Regulations may be made —
(a)requiring the repayment to a local government, to the extent determined in accordance with the regulations, of an advance payment of an annual allowance or annual fee in the circumstances to which this section applies; and
(b)providing for a local government to recover any amount repayable if it is not repaid.
5.102AC.Application of this Division to regional local governments
(1)This Division applies, and is to be taken to have always applied, in accordance with section 3.66(1) and (5) to and in relation to regional local governments, members and deputy members of the councils of regional local governments and chairmen and deputy chairmen of regional local governments.
(2)This section does not limit section 3.66.
After section 5.109 insert:
5.110A.Withdrawal of complaint of minor breach
(1)This section applies to the following complaints —
(a)a complaint made under section 5.107, other than a complaint that, under section 5.115, the complaints officer has sent to the Departmental CEO;
(b)a complaint made under section 5.114 that, under section 5.108, the Departmental CEO has sent to the complaints officer;
(c)a complaint made under section 5.109.
(2)A person who has made a complaint to which this section applies can withdraw the complaint at any time before a standards panel does either of the things that it is required to do under section 5.110(2) in relation to the complaint.
(3)A withdrawal of a complaint —
(a)must be in writing; and
(b)must be sent to the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a).
(4)If a complaint is withdrawn —
(a)the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a) must, as soon as practicable after receiving the withdrawal —
(i)give to the person who made the complaint an acknowledgment in writing that the withdrawal of the complaint has been received; and
(ii)notify the council member about whom the complaint was made and the complaints officer that the complaint has been withdrawn;
and
(b)neither the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a) nor a standards panel is to take any action or, as the case requires, any further action under section 5.110 in relation to the complaint; and
(c)a further complaint about the matter that is the subject of the withdrawn complaint cannot be made (whether by the original complainant or anyone else) unless the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a) is satisfied that it is appropriate to do so in the circumstances.
(5)Without limiting subsection (2), a complaint cannot be withdrawn if, under section 5.111, a standards panel has sent the complaint to the Departmental CEO, even if the Departmental CEO subsequently decides not to make an allegation under section 5.112(2).
(6)Despite subsection (4) —
(a)even though a complaint has been withdrawn, a standards panel can deal with the complaint as if it had not been withdrawn if the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a) is satisfied that it is appropriate to do so in the circumstances; and
(b)if paragraph (a) applies, the member of the primary standards panel who is appointed under Schedule 5.1 clause 2(a) must notify the parties and the complaints officer that a standards panel is to deal with the complaint.
(1)After section 5.110(2) insert:
(3A)However, a standards panel can at any stage of its proceedings refuse to deal with a complaint if the standards panel is satisfied that the complaint is frivolous, trivial, vexatious, misconceived or without substance.
(2)Delete section 5.110(4) and insert:
(4)A standards panel must give each party written notice of the reasons for —
(a)any finding it makes under subsection (2); or
(b)any refusal under subsection (3A) to deal with a complaint.
After section 6.23(3) insert:
(4)In relation to a regional subsidiary, a receiver is entitled to receive whichever of the following over which security has been given in a particular case —
(a)the financial contributions of the participants to the regional subsidiary’s funds as set out or provided for in the regional subsidiary’s charter;
(b)Government grants that were not given to the regional subsidiary for a specific purpose;
(c)the general funds of a participant to the extent that those funds secure financial accommodation extended to the regional subsidiary.
In section 9.15 delete the definition of authorised person and insert:
authorised person means a person appointed under section 9.10(1) by the local government to be an authorised person for the purposes of section 9.16;
In section 9.17(1):
(a)in paragraph (b) delete “an authorised person” and insert:
the CEO of the local government
(b)delete paragraph (c) and insert:
(c)inform the alleged offender how and where the money may be paid.
In section 9.19 delete “An authorised person” and insert:
The CEO of a local government
In section 9.20(1) delete “an authorised person” and insert:
the CEO of the local government
Delete section 9.23.
23.Schedule 2.1 clause 11 amended
After Schedule 2.1 clause 11(4) insert:
(5A)The value of compensation required to be made under subclause (4)(a) to a person whose contract of employment with a local government is terminated or varied is not to exceed in total —
(a)in the case of a person whose contract of employment is terminated —
(i)if the person’s employment is governed by a written contract in accordance with section 5.39, the maximum amount of money to which the person is entitled, under that contract, if the contract is terminated before the expiry date; or
(ii)in any other case, the value of the person’s final annual remuneration, as calculated in accordance with regulations made for the purposes of section 5.50(3);
or
(b)in the case of a person whose contract of employment is varied, the lesser of —
(i)the amount that the person would have been entitled to if the person’s contract of employment had been terminated before the expiry date; or
(ii)the value of the person’s annual remuneration for the year ending on the date of the variation, calculated in accordance with regulations made for the purposes of section 5.50(3) as if the person’s contract of employment had terminated on that date.
(5B)For the purposes of subclause (5A), the total value of the compensation required to be made to a person includes all amounts to which the person is entitled under a contract of employment or award relating to the person as an employee of the local government.
24.Schedule 2.1 clause 12 inserted
After Schedule 2.1 clause 11 insert:
(1)In this clause —
relevant official means —
(a)the Registrar of Titles under the Transfer of Land Act 1893; or
(b)the Registrar of Deeds and Transfers under the Registration of Deeds Act 1856; or
(c)the Minister administering the Land Administration Act 1997; or
(d)any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or any other property.
(2)The relevant officials are —
(a)to take notice of an order of the kind referred to in clause 11(3) relating to property, rights and liabilities; and
(b)to record and register in the appropriate manner the documents necessary to show the effect of the order as it relates to those matters.
25.Schedule 9.3 Division 3 inserted
At the end of Schedule 9.3 insert:
Division 3 — Provisions for Local Government Legislation Amendment Act 2016
In this Division —
amending Act means the Local Government Legislation Amendment Act 2016.
46.Part 5 Division 9: complaints
Sections 5.110A and 5.110 (as amended by the amending Act) apply to and in relation to a complaint whether made before or after the amending Act section 15 comes into operation.
47.Part 9 Division 2 Subdivision 2
(1)An infringement notice given under section 9.16 before the amending Act section 19 comes into operation is not invalid, and is to be taken never to have been invalid, just because the notice provided that the amount of the modified penalty may be paid to an authorised person at a particular place and did not state who are authorised persons for the purposes of receiving payment of modified penalties.
(2)Any extension of time for payment given under section 9.19 before the amending Act section 20 comes into operation is to be taken to have been given by the CEO of the relevant local government.
(3)Any withdrawal of an infringement notice before the amending Act section 21 comes into operation is to be taken to have been done by the CEO of the relevant local government.
48.Schedule 2.1: transitional arrangements
Schedule 2.1 clause 11(5A) and (5B) apply to and in relation to the termination or variation of a contract of employment whether entered into before or after the amending Act section 23 comes into operation.
Part 3 — Amendments to other Acts in relation to regional subsidiaries
Division 1 — Biosecurity and Agriculture Management Act 2007 amended
This Division amends the Biosecurity and Agriculture Management Act 2007.
In section 6 in the definition of public authority delete paragraph (d) and insert:
(d)a local government, regional local government or regional subsidiary;
Division 2 — Building Act 2011 amended
This Division amends the Building Act 2011.
In section 125(2) in the definition of public body delete “government or regional local government.” and insert:
government, regional local government or regional subsidiary.
Division 3 — Building Services (Registration) Act 2011 amended
This Division amends the Building Services (Registration) Act 2011.
In section 3 in the definition of public authority delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary;
Division 4 — Business Names (Commonwealth Powers) Act 2012 amended
This Division amends the Business Names (Commonwealth Powers) Act 2012.
In section 3 in the definition of government body delete paragraph (b) and insert:
(b)a local government, regional local government or regional subsidiary;
Division 5 — Child Care Services Act 2007 amended
This Division amends the Child Care Services Act 2007.
In section 3 in the definition of public authority delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary; or
Division 6 — Children and Community Services Act 2004 amended
This Division amends the Children and Community Services Act 2004.
In section 3 in the definition of public authority delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary; or
Division 7 — Civil Judgments Enforcement Act 2004 amended
This Division amends the Civil Judgments Enforcement Act 2004.
In section 63(1) in the definition of public authority delete “government or a regional local government.” and insert:
government, regional local government or regional subsidiary.
In section 107(2)(b) delete “government or a regional local government,” and insert:
government, regional local government or regional subsidiary,
Division 8 — Civil Liability Act 2002 amended
This Division amends the Civil Liability Act 2002.
In section 5U in the definition of public body or officer delete paragraph (f) and insert:
(f)a local government, regional local government or regional subsidiary; or
Division 9 — Commissioner for Children and Young People Act 2006 amended
This Division amends the Commissioner for Children and Young People Act 2006.
In section 5 in the definition of government agency delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary; or
Division 10 — Community Protection (Offender Reporting) Act 2004 amended
This Division amends the Community Protection (Offender Reporting) Act 2004.
In section 3 in the definition of public authority delete paragraph (b) and insert:
(b)a local government, regional local government or regional subsidiary; or
Division 11 — Corruption, Crime and Misconduct Act 2003 amended
This Division amends the Corruption, Crime and Misconduct Act 2003.
(1)In section 3(1) in the definition of minor misconduct delete paragraph (c) and insert:
(c)conduct engaged in by —
(i)a member of a local government or council of a local government; or
(ii)a member of a council of a regional local government;
(2)In section 3(1) in the definition of public authority paragraph (c) delete “regional local government” and insert:
regional local government, regional subsidiary
Division 12 — Duties Act 2008 amended
This Division amends the Duties Act 2008.
In section 3 in the definition of local government paragraph (b) after “government” insert:
or regional subsidiary
Division 13 — Emergency Management Act 2005 amended
This Division amends the Emergency Management Act 2005.
(1)In section 3 in the definition of public authority delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary; or
(2)In section 3 in the definition of public authority after each of paragraphs (a), (b) and (d) insert:
or
Division 14 — Graffiti Vandalism Act 2016 amended
This Division amends the Graffiti Vandalism Act 2016.
In section 4 in the definition of public property delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary;
Division 15 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended
This Division amends the Fines, Penalties and Infringement Notices Enforcement Act 1994.
In section 70(1) in the definition of public authority delete “government or a regional local government.” and insert:
government, regional local government or regional subsidiary.
Division 16 — Freedom of Information Act 1992 amended
This Division amends the Freedom of Information Act 1992.
(1)In the Glossary clause 1 in the definition of principal officer after paragraph (d) insert:
(ea)in relation to a regional subsidiary — the person who manages the affairs of the regional subsidiary;
(2)In the Glossary clause 1 in the definition of public body or office delete paragraph (d) and insert:
(d)a local government, regional local government or regional subsidiary; or
Division 17 — Health Services Act 2016 amended
This Division amends the Health Services Act 2016.
(1)In section 6 in the definition of public authority delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary;
Division 18 — Industrial Relations Act 1979 amended
This Division amends the Industrial Relations Act 1979.
In section 7(1) in the definition of public authority delete “government or regional local government;” and insert:
government, regional local government or regional subsidiary;
Division 19 — Interpretation Act 1984 amended
This Division amends the Interpretation Act 1984.
In section 5 insert in alphabetical order:
regional subsidiary means a regional subsidiary established under the Local Government Act 1995;
Division 20 — Liquor Control Act 1988 amended
This Division amends the Liquor Control Act 1988.
In section 37(1A) in the definition of public body delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary; or
Division 21 — Lotteries Commission Act 1990 amended
This Division amends the Lotteries Commission Act 1990.
In section 19 in the definition of eligible organization delete paragraph (b) and insert:
(b)a local government, regional local government or regional subsidiary;
Division 22 — Magistrates Court (Civil Proceedings) Act 2004 amended
This Division amends the
In section 3(1) in the definition of public authority delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary; or
Division 23 — Medicines and Poisons Act 2014 amended
This Division amends the Medicines and Poisons Act 2014.
Delete section 95(1)(c) and insert:
(c)a person employed by —
(i)a local government or regional local government under the Local Government Act 1995 section 5.36; or
(ii)a regional subsidiary.
Division 24 — Mental Health Act 2014 amended
This Division amends the Mental Health Act 2014.
In section 572(1) in the definition of State authority delete paragraph (d) and insert:
(d)a local government, regional local government or regional subsidiary;
Division 25 — Minerals Research Institute of Western Australia Act 2013 amended
This Division amends the Minerals Research Institute of Western Australia Act 2013.
In section 11(1) in the definition of public authority delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary;
Division 26 — Parliamentary Commissioner Act 1971 amended
This Division amends the Parliamentary Commissioner Act 1971.
Delete section 4A(1)(a) and insert:
(a)a local government, regional local government or regional subsidiary;
Division 27 — Pay‑roll Tax Assessment Act 2002 amended
This Division amends the Pay‑roll Tax Assessment Act 2002.
In section 40(2)(g) delete “government or” and insert:
government, a regional subsidiary or
Division 28 — Public Health Act 2016 amended
This Division amends the Public Health Act 2016.
In section 4(1) in the definition of public authority after paragraph (d) insert:
(da)a regional subsidiary; or
Division 29 — Public Interest Disclosure Act 2003 amended
This Division amends the Public Interest Disclosure Act 2003.
In section 3(1) in the definition of public authority delete paragraph (d) and insert:
(d)a local government, a regional local government or a regional subsidiary;
Division 30 — Public Sector Management Act 1994 amended
This Division amends the Public Sector Management Act 1994.
(1)Before section 102(1) insert:
(1A)In this section —
any local government or regional local government includes any regional subsidiary;
council of a local government or regional local government includes the governing body of a regional subsidiary.
(2)In section 102(3) delete “Part 5, Division 8 of the Local Government Act 1995.” and insert:
the Local Government Act 1995 Part 5 Division 8 or with a charter of a regional subsidiary.
In Schedule 1 after item 15 insert:
|
15A |
Any regional subsidiary or the governing body of a regional subsidiary |
Division 31 — Road Traffic (Administration) Act 2008 amended
This Division amends the Road Traffic (Administration) Act 2008.
In section 4 in the definition of public authority delete paragraph (c) and insert:
(c)a local government, regional local government or regional subsidiary; or
Division 32 — Stamp Act 1921 amended
This Division amends the Stamp Act 1921.
In section 4(1) in the definition of local government delete “government or” and insert:
government, regional local government, regional subsidiary or
Division 33 — State Records Act 2000 amended
This Division amends the State Records Act 2000.
In Schedule 1 item 12 delete “government or regional local government” and insert:
government, regional local government or regional subsidiary
Division 34 — Western Australian Land Authority Act 1992 amended
This Division amends the
In section 16(1)(c) delete “governments and regional local governments” and insert:
governments, regional local governments and regional subsidiaries
In section 17(5) in the definition of person delete “government or regional local government.” and insert:
government, regional local government or regional subsidiary.
Division 35 — Western Australian Tourism Commission Act 1983 amended
This Division amends the Western Australian Tourism Commission Act 1983.
In section 3 delete the definition of local government and insert:
local government means a local government, regional local government or regional subsidiary;
