Administration Amendment Act 2022
Administration Amendment Act 2022
Western Australia
Administration Amendment Act 2022
Contents
1.Short title2
2.Commencement2
3.Act amended2
4.Section 14 amended2
5.Sections 14A and 14B inserted6
14A.Order declaring sum that is to apply for specified item6
14B.Minister must review sums for specified items7
Administration Amendment Act 2022
An Act to amend the Administration Act 1903.
[Assented to 29 March 2022]
The Parliament of Western Australia enacts as follows:
This is the Administration Amendment Act 2022.
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 the day after that day.
This Act amends the Administration Act 1903.
(1)Before section 14(1) insert:
(1A)In this section —
declared sum, for a specified item, means the sum that applies for that item under an order;
order means an order made by the Minister under section 14A(2);
specified item means any of the following items in the Table —
(a)item 2;
(b)item 3(a) and (b);
(c)item 3(b)(i);
(d)item 6;
Table means the Table to subsection (1).
(2)In section 14(1):
(a)delete “his property, the property as to which he dies intestate” and insert:
their property, the property as to which they die intestate
(b)delete “in the following table (in this section called the Table): —” and insert:
in the Table —
(c)in the Table item 2 delete “$50 000 — ” (each occurrence) and insert:
$472 000 (or, if there is a declared sum for item 2 applicable to the intestate, that sum) —
(d)in the Table item 2(b) delete “$50 000,” and insert:
$472 000 (or, if there is a declared sum for item 2 applicable to the intestate, that sum),
(e)in the Table item 3 delete “$75 000 — ” (each occurrence) and insert:
$705 000 (or, if there is a declared sum for item 3(a) and (b) applicable to the intestate, that sum) —
(f)in the Table item 3(b) delete “$75 000,” and insert:
$705 000 (or, if there is a declared sum for item 3(a) and (b) applicable to the intestate, that sum),
(g)in the Table item 3(b)(i)(A) delete “$6 000” and insert:
$56 500 (or, if there is a declared sum for item 3(b)(i) applicable to the intestate, that sum)
(h)in the Table item 3(b)(i)(B) delete “$6 000,” and insert:
$56 500 (or, if there is a declared sum for item 3(b)(i) applicable to the intestate, that sum),
(i)in the Table item 6 delete “$6 000 — ” (each occurrence) and insert:
$56 500 (or, if there is a declared sum for item 6 applicable to the intestate, that sum) —
(j)in the Table item 6(b) delete “$6 000,” and insert:
$56 500 (or, if there is a declared sum for item 6 applicable to the intestate, that sum),
(3)After section 14(1) insert:
(1B)In this section, the declared sum for a specified item applicable to an intestate is the declared sum for that specified item under the order that has effect at the time the intestate dies (even if that order later ceases to have effect, including if the order ceases to have effect under the Interpretation Act 1984 section 42(2) as applied by section 14A(5)).
(4)In section 14(4):
(a)in paragraph (a) delete “$50 000 mentioned in paragraph (b) of item 2 of the Table; or” and insert:
$472 000 (or, if there is a declared sum for item 2 applicable to the intestate, that sum) mentioned in item 2(b) of the Table; or
(b)in paragraph (b) delete “$75 000 mentioned in paragraph (b) of item 3 of the Table,” and insert:
$705 000 (or, if there is a declared sum for item 3(a) and (b) applicable to the intestate, that sum) mentioned in item 3(b) of the Table,
(5)In section 14(8) delete “subsections (9) and (10),” and insert:
subsections (9), (10) and (11),
(6)After section 14(10) insert:
(11)The estate of a person who dies intestate as to all or any of their property before the day on which the Administration Amendment Act 2022 section 4 comes into operation is to be distributed as if that section had not come into operation.
5.Sections 14A and 14B inserted
After section 14 insert:
14A.Order declaring sum that is to apply for specified item
(1)In this section —
original sum, for a specified item, means —
(a)in the case of item 2 — $472 000;
(b)in the case of item 3(a) and (b) — $705 000;
(c)in the case of item 3(b)(i) — $56 500;
(d)in the case of item 6 — $56 500;
specified item has the meaning given in section 14(1A).
(2)The Minister may make an order declaring, for each specified item, the sum that is to apply for that item.
(3)A sum declared by the Minister in an order must be the amount in dollars determined by the following formula, rounded up to the nearest $500 —
where —
Sis the sum that is to apply for a specified item, before rounding up to the nearest $500;
Tis the original sum for that specified item;
Eis the estimate of the average weekly total earnings of full‑time adult employees in Australia most recently published by the Australian Statistician as an original estimate.
Note for this subsection:
$1 769.90 is the estimate of the average weekly total earnings of full‑time adult employees in Australia published by the Australian Statistician for November 2020 as an original estimate.
(4)An order is subsidiary legislation for the purposes of the Interpretation Act 1984.
(5)The Interpretation Act 1984 section 42 applies to an order as if the order were regulations.
14B.Minister must review sums for specified items
(1)In this section —
relevant sums means —
(a)the original sum for each specified item (as those terms are defined in section 14A(1)); or
(b)if an order under section 14A(2) is in effect — the sums declared by that order.
(2)The Minister must review the relevant sums and decide whether or not it is appropriate to make an order under section 14A(2) —
(a)on or before 30 June 2023; and
(b)on or before 30 June in every 2nd year after that.
(3)As soon as practicable after completing the review, the Minister must —
(a)prepare a report based on the review; and
(b)cause the report to be laid before each House of Parliament.
(4)Subsection (2) does not limit the times at which the Minister may make an order under section 14A(2).
© State of Western Australia 2022. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2022. By Authority: GEOFF O. LAWN, Government Printer